A glance at a phone lasts only a few seconds, but at highway speed those seconds can change a life forever. If you were injured because another driver was texting, scrolling, or otherwise not paying attention to the road, you deserve support in pursuing the compensation that helps you rebuild. The Law Office of Sam Salhab helps Fresno-area families pursue injury claims after distracted driving crashes, with the goal of giving you room to heal while we handle the legal work.
Distracted driving cases can be harder to prove than they first appear, since the distraction itself, a phone screen, a text message, an app notification, often leaves no visible mark at the scene. Building a strong claim means gathering the right evidence early, before phone records and other proof become harder to obtain.
Understanding Your Legal Rights After a Distracted Driving Crash
California law prohibits using a handheld cell phone while driving under Vehicle Code 23123, and separately prohibits writing, sending, or reading text-based communications while driving under Vehicle Code 23123.5. When a driver violates either of these statutes and causes a crash, that violation can establish negligence as a matter of law, meaning you often do not need to separately prove carelessness once the phone use itself is established.
This civil claim exists independently of any traffic citation issued to the distracted driver. You can pursue compensation whether or not the other driver was ticketed, and the strength of your claim depends far more on the evidence connecting their distraction to the crash than on the outcome of any traffic court proceeding.
How Common Are Distracted Driving Crashes?
Distracted driving remains one of the most persistent causes of serious crashes nationwide. NHTSA reported that 3,208 people died in distraction-affected crashes in 2024, a decrease of about 2% from 3,283 deaths in 2023, and separately noted that more than 315,000 people were injured in traffic crashes involving distracted drivers that same year. The dangers extend well beyond the vehicles involved, since NHTSA’s crash data show that distracted drivers were involved in the deaths of 639 pedestrians, pedalcyclists, and other nonoccupants in 2024.
California has tracked this problem closely as well. Research compiled by UC Berkeley’s SafeTREC program found that 148 people were killed in distracted driving traffic crashes in California in 2022. NHTSA’s own guidance underscores just how dangerous a single distraction can be, noting that sending or reading a text takes a driver’s eyes off the road for about 5 seconds, which at 55 mph is the equivalent of driving the length of a football field with your eyes closed.
Distracted Driving Injury Claim Timeline
A distracted driving injury claim generally follows the same overall structure as other auto injury claims, but the evidence-gathering stage carries extra weight because proving distraction itself requires more than a police report.
| Stage | What Happens | Why It Matters |
| Crash Investigation | Police document the scene, take witness statements, and may note signs of distraction such as a phone found in the driver’s lap or an admission at the scene | Officer observations and witness accounts are often the first, and sometimes only, direct evidence of distraction before phone records are obtained |
| Evidence Preservation | Cell phone carrier records, in-vehicle event data recorder information, and app usage logs can confirm whether a driver was using a device at the moment of the crash | This evidence is time-sensitive and generally requires a formal request or subpoena, making early legal involvement valuable |
| Insurance Claim | Your attorney submits medical records, lost wage documentation, and evidence of the driver’s distraction to the insurer | A well-documented distraction claim carries more weight with adjusters than a claim relying solely on a police citation |
| Negotiation | The insurer evaluates liability and damages, and most claims are resolved through a negotiated settlement | Strong phone record evidence often shortens this stage by removing doubt about how the crash occurred |
| Lawsuit (If Necessary) | If a fair settlement is not reached, the claim proceeds through formal discovery, where phone and device records can be compelled through subpoena | Filing suit within California’s statutory deadline preserves your right to compensation and allows formal evidence requests the insurer cannot avoid |
Because so much of a distracted driving case depends on records that exist outside the police report, the earlier an attorney is involved, the more likely that evidence is preserved before it disappears through routine data deletion cycles.
What Compensation Can Cover After a Distracted Driving Crash
California law allows injured victims to recover both economic and non-economic damages after a distracted driving crash. Economic damages address the tangible costs, while non-economic damages account for the broader impact on your life.
- Medical expenses — emergency care, hospitalization, surgery, physical therapy, and anticipated future treatment
- Lost income — wages missed during recovery and diminished future earning capacity for serious injuries
- Property damage — repair or replacement of your vehicle and other damaged property
- Pain and suffering — physical pain and emotional distress caused by the crash and its aftermath
- Loss of enjoyment of life — the impact of injuries on your ability to participate in activities you previously enjoyed
- Punitive damages — available in limited circumstances where the evidence shows especially reckless conduct, such as a driver who continued texting despite an obvious hazard, though this remedy is applied more sparingly than in DUI cases
Which of these categories apply, and how significant each one is, depends on the severity of your injuries and how clearly the evidence establishes what the other driver was doing in the moments before the crash.
What Are Typical Settlement Ranges in Distracted Driving Cases?
Settlement values vary considerably based on injury severity, available insurance coverage, and how clearly the distraction can be proven. The ranges below reflect general categories seen in California injury claims rather than a guarantee for any specific case.
| Injury Severity | Typical Settlement Range |
| Minor injuries | $3,000 – $15,000 |
| Moderate injuries | $15,000 – $75,000 |
| Severe injuries | $75,000 – $500,000+ |
| Catastrophic injuries | $500,000 – millions |
Every case is different, and factors such as available insurance limits, how quickly evidence was preserved, and the extent of documented medical treatment can move a case well outside these general ranges in either direction.
How Cell Phone Evidence Is Actually Obtained
Proving that a driver was distracted by a cell phone involves far more than showing a phone was found inside the vehicle after a crash. In many cases, attorneys and investigators build a timeline by combining several independent sources of digital and physical evidence, and together these records can help establish whether the driver was actively using a device immediately before impact or whether another explanation is more consistent with the evidence.
| Evidence Source | What It Can Show | Why It Matters |
| Wireless carrier records | Time-stamped calls, text messages, and data sessions | Can confirm phone activity occurred near the time of the collision, though they generally do not reveal message content |
| Device forensic download | Screen activity, app usage, notifications, and device interactions | In appropriate cases and with legal authorization, forensic analysis may help determine whether the phone was actively being used in the seconds leading up to the crash |
| Vehicle infotainment logs | Bluetooth connections, touchscreen inputs, navigation use, and connected devices | May show whether the driver interacted with the vehicle’s integrated communication or entertainment systems before the collision |
| Event Data Recorder | Vehicle speed, braking, steering inputs, throttle position, and other pre-crash data | NHTSA explains that an EDR captures technical vehicle information during the seconds immediately before, during, and after a crash, helping investigators reconstruct driver actions |
| Dashcam or surveillance footage | Driver behavior, traffic conditions, and vehicle movements | Video evidence can independently corroborate whether a driver appeared distracted or failed to react appropriately before impact |
No single piece of evidence usually proves a distracted driving claim by itself. Instead, investigators compare phone records, vehicle data, witness statements, police observations, and video footage together, since distraction is often difficult to identify from a crash report alone and typically requires this kind of cross-referenced investigation to establish clearly.
Why Choose the Law Office of Sam Salhab
Distracted driving claims often require more investigative work than other crash cases, since the key evidence rarely sits in a police report waiting to be found. Our approach focuses on identifying and preserving that evidence quickly, so your claim rests on solid proof rather than assumptions about what the other driver was doing.
We handle the demands for phone records, the negotiations with insurance adjusters, and the paperwork that a distracted driving claim requires, so you can focus your energy on recovery rather than on chasing down evidence yourself.
Moving Forward After a Distracted Driving Crash
You should not have to absorb medical bills, lost wages, and vehicle damage because someone else chose to look at a screen instead of the road. A claim built on carefully preserved evidence and a clear understanding of every available source of compensation gives injured victims and their families real peace of mind moving forward.
If you or a loved one has been injured by a distracted driver in the Fresno area, reaching out through our contact page is a caring, no-obligation first step toward understanding what your claim may be worth.
FAQ
How is a distracted driving claim different from other car accident claims?
Distracted driving claims often require additional evidence, such as cell phone records or event data recorder information, since the distraction itself may not be visible in a police report. Proving what the other driver was doing in the moments before the crash is usually central to the strength of the claim.
Can I still recover compensation if the other driver wasn’t cited for distracted driving?
Yes, a citation is not required to pursue a civil claim, and many distracted driving cases are built on evidence gathered independently of the police report. Phone records, witness statements, and other evidence can establish distraction even without a formal citation.
How can cell phone records be obtained after a crash?
Cell phone records are typically obtained through a formal request or subpoena directed at the driver’s carrier, which usually requires legal action to compel production. Because carriers retain detailed records for only a limited time, requesting this evidence promptly after a crash is important.
What does an Event Data Recorder actually capture?
An Event Data Recorder captures technical vehicle information such as speed, braking, and steering inputs during the seconds immediately before, during, and after a crash. This data helps investigators reconstruct what the vehicle was doing, which can be compared against phone records to build a complete picture of the crash.
How long do I have to file a distracted driving injury claim in California?
Most personal injury claims in California must be filed within two years of the crash under the state’s statute of limitations. Certain circumstances can affect this deadline, so confirming your specific timeline early is worthwhile.
Can punitive damages apply in a distracted driving case?
Punitive damages are possible but applied more sparingly than in DUI cases, generally requiring evidence of especially reckless conduct rather than ordinary inattention. Courts evaluate whether the driver’s behavior rose to a level of conscious disregard for others’ safety.
What should I do immediately after being hit by a distracted driver?
Seek medical attention right away, even if your injuries seem minor, and note anything you observed about the other driver’s behavior, such as a phone in their hand. Contacting an attorney promptly helps ensure phone records and other time-sensitive evidence are preserved before they are lost.
