Distracted Driving Accident Lawyers

Distracted driving has become one of the leading causes of serious accidents and fatal accidents nationwide, and car accident victims deserve experienced personal injury attorneys who know how to fight back through the legal process, prove fault, and hold negligent drivers accountable.
Bojat Law Group represents injury victims in auto accidents involving texting and driving, driver distraction, and other forms of careless cell phone use. We build distracted driving cases with the details insurers look for, including police reports, accident reports, witness statements, accident scene evidence, traffic camera footage, surveillance footage, and, when available, the other driver’s cell phone records.
Our personal injury lawyers handle these driving accident cases on a contingency fee basis, meaning you pay nothing unless we win. You can reach us 24/7 by phone (818) 877-4878 or through our online form, and if serious injuries make travel difficult, we can often arrange a home or hospital visit.
What Is Distracted Driving?
Distracted driving occurs when any activity diverts a driver’s eyes, hands, or mind from the road. This includes texting, scrolling social media, using GPS, eating, grooming, reaching for objects, or even being lost in thought during a drive. The scale of this problem is staggering. According to NHTSA data, distracted driving crashes caused approximately 3,275 deaths in 2023 alone.
CDC typically categorize driver distraction into three types:
Visual distractions pull a driver’s eyes off the road, such as looking at a text message or glancing at a navigation screen.
Manual distractions take a driver’s hands off the steering wheel, like reaching for a coffee cup or adjusting the radio.
Cognitive distractions take a driver’s attention away from the task of driving, including daydreaming, having an argument with a passenger, or being preoccupied with work stress.
What makes cell phone use while driving extremely dangerous is that texting and app usage typically involve all three types of distraction simultaneously. A texting driver must look at the screen, hold and manipulate the device, and mentally process the conversation all while operating a motor vehicle at potentially lethal speeds.
Distracted driving is not limited to phones. Many drivers cause serious accidents while adjusting in-car infotainment systems, changing playlists, watching videos, eating fast food, applying makeup, or simply being mentally elsewhere. Any behavior that takes a driver’s attention away from the road creates risk.
When a distracted driving crash occurs because someone chose to engage in these behaviors, that conduct constitutes negligence under personal injury law. A distracted driving accident lawyer can hold negligent drivers financially accountable and help injury victims recover compensation for their losses.
Common Causes of Distracted Driving Accidents
Every year, distracted drivers injure countless people on the road. For some, the harm is not a quick recovery and a repair estimate, but serious trauma that changes daily life, work, and independence. When a crash leaves lasting limitations, the consequences can follow a person for years, all because someone chose a screen, a snack, or a conversation over paying attention.
Texting and social media use remain the most dangerous forms of driver distraction. Many drivers scroll through TikTok, Instagram, or Snapchat while behind the wheel, reading posts or watching videos instead of watching the road. Sending or reading a text takes a driver’s eyes off the road for about 4-5 seconds on average. At 55 mph, that means traveling the length of a football field essentially blindfolded.
Phone calls can contribute to distracted driving accidents, even when the driver is using hands free. Keeping your hands on the wheel does not keep your attention on the road. A driver who is talking often misses small but critical cues and reacts later than they should.
GPS and navigation apps also lead to crashes when drivers type while moving, keep glancing at turn directions, or follow the screen instead of the traffic pattern. That “quick look” is how rear end collisions and intersection impacts happen.
Eating and drinking is another common problem, especially during commutes. Opening packaging, balancing a drink, or reaching for food pulls both eyes and hands away at the wrong moment.
The same goes for in car controls. Music, podcasts, climate settings, and big touchscreens tempt drivers to look down and tap through menus while the vehicle is still rolling.
Passengers, kids, and pets create distractions that are easy to underestimate. A driver who turns around to hand something to a child or reacts to a dog moving around can miss sudden braking ahead.
And sometimes the distraction is internal. Daydreaming, stress, and emotional distress can keep a driver from noticing a red light, a stopped lane, or a pedestrian in time.
Our distracted driving accident attorneys know how to connect these behaviors to the seconds before impact using phone records when available, witness statements, vehicle data, and other evidence.
Common Injuries in Distracted Driving Crashes
Distracted driving accidents are often more severe because the at fault driver usually does not see the danger in time to react. When cell phone use pulls a driver’s eyes off the road, they may miss stopped traffic, a red light, or a pedestrian and crash without braking or taking evasive action. That lack of reaction is why a distracted driving crash can cause serious injuries in an otherwise avoidable car accident.
Common injuries in distracted driver accidents include, but are not limited to
• Whiplash and soft tissue injuries in rear end collisions
• Broken bones including fractures to arms, legs, ribs, and pelvis
• Traumatic brain injuries including concussions
• Spinal cord injuries including herniated discs and nerve damage
• Internal bleeding and organ damage
• Facial cuts and scarring
Many car accident victims also deal with chronic pain, anxiety, sleep issues, and emotional distress, which can support non economic damages in a personal injury claim.
If you were injured in a distracted driving crash, you may be able to recover compensation for medical bills, lost income, and the personal impact of your injuries. An experienced accident attorney can strengthen your claim and push back against the insurance company. At Bojat Law Group, we work with you and your doctors to document your injuries and build a clear, evidence-based personal injury claim.
Why Are Distracted Driving Accidents So Dangerous?
Distracted driving accidents are so dangerous because the driver often does not react in time, no hard braking, no evasive move, just a full-speed impact. Those few seconds of inattention can turn an ordinary stop or lane change into a violent collision.
3,275 people were killed nationwide in distracted driving crashes in 2023, making distraction responsible for 8 percent of all traffic fatalities in the U.S.
324,819 people were injured in distraction-affected crashes in 2023.
Distracted driving fatalities decreased slightly nationwide between 2022 and 2023, but in California they increased by 6.8 percent during the same period.
In California alone, 158 people were killed in distracted driving crashes in 2023.
Drivers ages 16–45 account for 72 percent of distracted driving violations.
In California, male drivers ages 25–34 represent the largest share of both distracted driving fatalities and serious injuries.
Pedestrians are heavily impacted: vehicle-pedestrian crashes made up 25.9 percent of distracted driving fatal and serious injury crashes in California.
Texting while driving creates reaction times comparable to a driver who has consumed four beers in one hour, placing it in the same danger category as impaired driving.
Distracted Driving Laws in California
California has put specific rules in place to limit distracted driving, especially when it involves texting or using a cell phone while operating a motor vehicle. Lawmakers created these regulations after crash data showed that drivers who split their attention between the road and a phone were causing a growing number of preventable car accidents across the state.
California’s distracted driving laws focus on several main restrictions:
- California law makes it illegal for drivers to read, write, or send text messages while driving. This applies to texting, messaging apps, emails, and similar phone based communication while the vehicle is in operation.
- Drivers are not allowed to hold or manually use a handheld cell phone while driving. Phone calls are only permitted when the device is used in hands free mode, and the phone must be mounted rather than held.
- California strengthened enforcement of its phone laws after a June 3, 2025 court decision confirmed that holding a phone while driving is still considered illegal use, even if the driver is only looking at navigation, music, or other content. The rule requires drivers to keep the device mounted and limit interaction with the phone.
- Drivers under the age of 18 face stricter distracted driving restrictions. California prohibits younger drivers from using a phone at all while driving, including hands free devices, because younger drivers are more likely to be involved in distraction related crashes.
A distracted driving ticket can mean fines and points on your driving record. If it happens again, the penalties go up and your insurance rates can climb with them. When a crash is involved, officers look for anything that shows what the driver was doing right before impact, including police reports, accident reports, witness statements, traffic camera footage, and, when it is available, cell phone records.
Proving Negligence in a Distracted Driving Accident Case
In a distracted driving accident case, the key issue is whether the other driver failed to pay attention and caused the crash. Under California law, drivers must use reasonable care and follow traffic safety rules. When a driver is texting, scrolling, or otherwise using a handheld phone, that distraction can establish negligence.
In California, a distracted driving accident lawyer is building the case around four points that have to line up:
- Duty
Every driver has a basic duty to drive attentively, follow traffic laws, and avoid putting other people at risk. - Breach
The breach is the distracted behavior, texting and driving, scrolling, holding a phone, looking down, or doing anything that pulls the driver’s attention off the road when they should be paying attention. - Causation
This is the pressure point. You have to show the distraction caused the crash. Not “they sometimes use their phone,” but that the driver was distracted at the time of the collision and that is why they did not brake, did not react, or did not see what was right in front of them. - Damages
Then you prove what the crash caused, medical bills, treatment, time missed from work, pain and suffering, emotional distress, and the full impact on daily life.
Evidence that helps prove breach and causation in distracted driving cases usually comes down to one question: what was the driver doing in the moments right before impact. Useful proof can include:
• Cell phone records with call logs, text timestamps, or data activity that matches the crash time
• Video evidence, such as traffic camera footage, dashcam, or nearby business surveillance showing the driver looking down or failing to react
• Vehicle data from an event data recorder showing speed, braking or no braking, and steering input just before the collision
• Police reports and accident reports noting statements, observations, and the basic crash timeline
• Witness statements from people who saw phone use, erratic driving, or inattention
• Scene evidence and photos, including vehicle damage patterns, debris, and skid marks or the lack of skid marks.
What Compensation Can You Recover After a Distracted Driving Crash?
A distracted driving crash can cost you money immediately and keep costing you for months. A proper claim should cover what you paid, what you lost, and what the crash put you through.
Economic damages
These are the out of pocket losses you can document.
Medical bills and future care: ER, imaging, specialists, surgery, physical therapy, prescriptions, injections, rehab, medical equipment, and follow up treatment.
Lost wages: time missed from work, reduced hours, missed overtime, and sick or PTO used because of the accident.
Reduced earning capacity: if injuries limit the work you can do going forward.
Property damage: repair or replacement of your vehicle, rental or loss of use, and items damaged in the crash.
Other expenses: mileage to appointments, home care help, and medical supplies.
Non-economic damages
These cover the human impact that does not come with receipts.
Pain and suffering
Emotional distress: anxiety, sleep problems, depression, PTSD symptoms
Loss of enjoyment of life: activities you cannot do anymore or cannot do the same way
Scarring or disfigurement
Loss of consortium: impact on a spouse or registered domestic partner relationship
In some cases, additional damages may be available if the distracted driver’s conduct was especially reckless.
No responsible car accident lawyer can promise a specific dollar amount upfront. What we can promise is that we will fight to recover compensation that truly reflects your losses.
Dealing With Insurance Companies
Insurance companies are profit-driven businesses, and their goal is to pay as little as possible on claims. After a distracted driver accident, expect the other driver’s insurance company to employ tactics designed to minimize your recovery.
Common insurance company tactics include:
Calling within days of the crash to get a recorded statement that can later be used against you
Offering a fast, low settlement before the full extent of your injuries is known
Arguing that there is “no proof” the driver was on their cell phone or distracted
Claiming that pre-existing conditions, not the accident, caused your current symptoms
Blaming you for contributing to the crash, even without evidence
You should never admit fault, speculate about how the crash happened, or sign any medical authorizations or releases before speaking with a distracted driving lawyer. Even seemingly innocent statements can be twisted to reduce your claim.
Once you retain an attorney, they become your shield against the insurance company. Your lawyer handles all communications, responds to requests for information, and negotiates aggressively on your behalf. If the driver’s insurance company refuses to make a fair offer, we are prepared to file a personal injury lawsuit and take the case to trial.
Having experienced representation changes the dynamic. Insurers know which victims have lawyers and tend to take represented claims more seriously. They understand that a prepared attorney will not accept an unfair settlement just to close a file.
Frequently Asked Questions About Distracted Driving Collisions
What percentage of collisions involve distracted driving?
In the United States, federal traffic safety data shows that about 8% of all fatal motor vehicle crashes involve distracted driving. Safety experts believe the true number is likely higher because distraction is often difficult to confirm after a crash and is not always documented in accident reports.
What is the time limit for filing a distracted driving lawsuit?
California gives you two years from your accident date to file a lawsuit for injuries caused by a distracted driver. Miss that deadline and you could be out of luck—courts will likely toss your case. Things get trickier if a city bus, county vehicle, or any government agency was involved. In those cases, you might only have six months to file a claim, so waiting around isn’t an option.
How much does a distracted driving accident lawyer cost?
You won’t pay anything upfront to hire a distracted driving lawyer at Bojat Law Group, and there’s no hourly billing. We work on contingency, which just means we get paid when you get paid and only if we win your case.
Our fee comes as a percentage of whatever we recover for you, whether that’s through a settlement or a jury verdict. We’ll spell out the exact percentage in writing before you sign anything, and we’re happy to walk through it during your free consultation so there’s no confusion.
We also cover all the case expenses while your claim is moving forward—things like hiring experts, pulling medical records, paying court filing fees, and funding the investigation. You don’t reimburse us for any of that unless we actually win. No recovery means no fee and no costs owed. There’s zero financial risk in calling us.
Speak With a Distracted Driving Accident Lawyer Today

At Bojat Law Group, we sit down with you for a free consultation to go over what happened and what your case might be worth. There’s no pressure and no obligation. We handle these cases on contingency, so you don’t pay us unless we win. Sasha Bojat has been recognized by Super Lawyers, the National Trial Lawyers, and Avvo for his work representing injury victims. We know how to prove a driver was distracted, and we know how to push back when insurers try to lowball you.
Call us anytime at (818) 877-4878 or fill out the form on our site. We answer calls 24/7, and if you can’t come to us, we’ll come to you—whether that’s your home or a hospital room. One conversation could be the difference between struggling through this alone and getting the fair compensation you need to move forward.
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“Sasha was absolutely amazing!! Very attentive, very communicative, and would always handle each interaction with white gloves. He worked with the very best to make sure I was taken care of and recovered accordingly. At the end of the day, he exceeded my expectations by a large margin. Thank you, Sasha!!”
Andrew Schmidt
“Bojat Law Group is a group that actually cares about its clients. They helped me with a case I would have lost if I had gone to anyone else. They provided a life changing experience and I will never go to a different law group in regards to personal injury.
They transparent this law group is one of a kind and I couldn’t be more grateful to have found them.”
Dylan Short
“Sasha was wonderful handling my case. Explained everything in detail where we could understand the process. My case was handled smoothly and efficiently. His eased all our worries when it came to getting compensation for my case. Very accommodating! Would recommend him to anyone.”
Bethany Braun
Client Stories
We can tell you what it’s like to be represented by Bojat Law Group after a car accident, but the best proof of our hard work are our clients’ positive testimonials.
Lauren was injured when an inexperienced truck driver suddenly veered off the road and hit her car on the highway. “In my situation”, she says, “after I had a traffic accident and told the officers on the scene ‘I don’t know what happened,’ the BoyLaw Group had accomplished what I thought was impossible. Eventually, we won the case”. She adds: “This is the legal team you need. I have nothing but gratitude for them”.
Amanda was injured when a vehicle rear-ended her from behind while she was stopped on Thousand Oaks Boulevard. “The very fact of being able to speak directly to a lawyer, without an intermediary, brought me great relief in knowing that he would represent me. He was with me through all the mediations”, she says. “It gave me peace to know that I always had someone on my side”.
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