Every year, distracted driving accidents kill more than 3,000 people in the United States and leave hundreds of thousands injured. Whether it’s sending texts or adjusting vehicle controls or infotainment systems, driving while distracted is dangerous and illegal in California.

On top of potential criminal penalties, distracted driving can have a significant impact on a personal injury lawsuit, including liability and compensation. If driver distraction played a role in your recent collision, distracted driving accident attorneys in Fresno and the Central Valley can help you build your case. Call attorney Tim Mazzela at (559) 297-1118 for a free consultation to find out if you have a case.

What Does Distracted Driving Mean?

While the term is commonly associated with using smartphones while driving, it can apply to any distraction while operating a motor vehicle, including selecting music, eating, or talking to passengers.

According to the Centers for Disease Control, there are three categories of distracted driving:

• Visual distractions: Taking your eyes off the road to look at something, such as information displayed on your center console or GPS
• Manual distractions: Removing your hands from the wheel to do something like send a text or reach for an object on the floorboard
• Cognitive distractions: Anything that takes your mind off driving, including talking on the phone and daydreaming.

California’s ‘No-Touch’ Law

A state law passed in 2017 prohibited Californians from using a cellphone while driving, but it was interpreted to only apply to drivers actively using electronic devices. In June 2025, in the case of the People v. Porter, a state appellate court found that it violates the law for a person to merely hold a device while driving.

This means that in the state of California, a driver can be ticketed for distracted driving for simply holding a smartphone in their hand, regardless of whether they are texting, making a call, or operating an app. Cellphones may only be used in hands-free mode or if they’re properly mounted on the vehicle’s dashboard.

How Does Distracted Driving Affect a Personal Injury Lawsuit?

If the other party was distracted while driving, it can impact your personal injury lawsuit in two critical ways: liability and compensation.

Simplifies Liability

An essential part of any personal injury case is determining who was negligent. This is simplified if someone hits you while they are driving distracted. Under the legal doctrine of negligence per se, a party is considered negligent if they violated a law that was meant to prevent the harm that the plaintiff suffered.

In other words, the state’s distracted driving law was intended to prevent auto accidents, and the other party was willfully violating the law when they struck you. Therefore, nothing else is needed to demonstrate that they were negligent. Otherwise, your attorney will need to show that they somehow breached their “duty of care” by failing to control their speed, not watching the road, etc.

However, under California law, a statutory violation creates a rebuttable presumption of negligence. This means the defendant is still legally allowed to present a defense to prove they were not negligent.

Maximizes Compensation

In California, personal injury claims are settled based on what’s known as “comparative negligence.” Juries will divide the responsibility for a person’s injury among the parties and adjust the final award accordingly. For example, if a jury decides you are 25 percent to blame for the crash, you will get 75 percent of your damages. Assuming you were not also violating the law when you were hit or engaging in other reckless behavior, you will likely be entitled to full damages if the defendant was distracted.

Furthermore, distracted driving could also result in punitive damages, which refers to compensation intended to punish the defendant instead of merely making the plaintiff whole. California law sets a high bar for punitive damages — malice, oppression, or fraud — so punitive damages are rare in car accidents, except for drunk driving cases. However, they may be granted in cases of “wanton or willful” negligence, such as someone who has been repeatedly ticketed for distracted driving.

The Statute of Limitations (Timeline for Filing a Claim)

California’s statute of limitations in personal injury cases generally gives a two-year deadline from the date of a distracted driving crash to file a personal injury case. Shorter rules apply when the driver was a government employee or operating a government vehicle, where written notice is usually required within six months. Filing after the deadline typically prevents the case from moving forward, regardless of how strong the evidence may be.

How Can Distracted Driving Be Proven in Court?

Our attorneys can use several kinds of evidence to show that a driver was distracted at the time of the collision, including:

• Eyewitnesses: Persons inside or outside the vehicle when the collision occurred can testify about the driver’s actions.
• Police reports: On-scene interviews with police may contain admissions or other statements that imply or state directly that the driver was distracted, as well as descriptions of the scene that establish a distraction was present.
• Phone records: Text messages and call logs may prove that the driver was using their phone at the moment of impact.
• App activity logs: Logs from social media apps like Facebook or Instagram or internet browsers can show if the driver was scrolling social media or browsing the internet.
• Traffic and security cameras: Any camera facing the road can potentially capture what the driver was doing before the crash.
• Vehicle data: Most modern vehicles are equipped with devices that captured detailed data about steering and braking that can be used to establish that a driver was distracted (ex. If the driver brakes too suddenly or doesn’t steer away).
• Physical evidence: Food wrappers or drinks inside the vehicle, open makeup cases and other grooming tools, and gadgets on the ground may not be enough on their own, but they can corroborate other evidence.
• Court records: Past citations for distracted driving or other traffic violations can demonstrate a history of reckless driving.

What Should You Do After a Car Crash with a Distracted Driver?

After colliding with a distracted driver, you should take the same steps as you would in any accident, including:

• Call the police: Police will arrive to secure the scene, collect evidence, document the accident, and send medical personnel.
• Photograph the scene: If you’re not too injured to walk, take pictures of the vehicles, any skid marks on the road, debris, your surroundings, and anything else that might help your case.
• Identify witnesses: Get the name and contact information of any bystanders in the area.
• Seek medical attention: Even if you don’t think you’re hurt, you might have injuries that are masked by shock or adrenaline. A doctor will document your injuries and provide expert testimony later.
• Contact a lawyer: Get in touch with an experienced distracted driving accident attorney who knows how to build a case.

Have You Been in an Accident With a Distracted Driver? We Can Help

Car accidents are traumatizing and disruptive. Aside from losing your transportation, you can experience other hardships like costly medical bills, lost wages, and missing out on experiences that make life worthwhile.

You shouldn’t have to pay for someone else’s carelessness. Fresno distracted driving accident attorneys like Tim Mazzela can help you recover everything you’re entitled to under the law. Call us at (559) 297-1118 to speak to a representative 24/7 or send us an email.