Yes — if someone caused a crash because they were texting and driving, you can sue them in California. Texting behind the wheel is illegal and widely recognized as dangerous. When it leads to injuries, the distracted driver can be held financially responsible. An experienced distracted driving accident lawyer can help prove negligence and pursue compensation for your losses.
But while the legal right to sue exists, proving texting and driving requires strong evidence and a strategic approach.
Texting and Driving Is Illegal in California
California law prohibits drivers from using handheld phones while driving. This includes texting, emailing, scrolling social media, or using apps. Even reading a message at a stoplight can violate the law.
If a driver causes a crash while texting, that illegal behavior can serve as evidence of negligence in a civil lawsuit. In legal terms, violating a safety law designed to protect others may support a claim under “negligence per se.”
However, a traffic citation is helpful — but not required — to file a lawsuit.
What You Must Prove in a Texting and Driving Lawsuit
To succeed in a personal injury lawsuit, you must show:
- The driver owed you a duty of care.
- They breached that duty by acting negligently.
- Their negligence caused the accident.
- You suffered damages as a result.
Texting while driving clearly breaches the duty to operate a vehicle safely. The key challenge is proving the driver was using their phone at the time of the crash.
A skilled distracted driving accident lawyer works to gather the evidence needed to establish that connection.
How Is Texting Proven in Court?
Proving texting often requires investigation beyond the police report. Evidence may include:
- Phone records showing texting activity at the time of the crash
- Data from mobile apps
- Witness testimony
- Traffic camera footage
- Dashcam video
- Admissions made at the scene
In some cases, legal action is necessary to subpoena phone records before they are deleted or overwritten.
Early legal involvement can be critical to preserving digital evidence.
What Damages Can You Recover?
If texting caused your injuries, you may seek compensation for:
- Medical expenses
- Future treatment costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In particularly reckless cases, punitive damages may be available. These are intended to punish especially dangerous behavior and deter similar misconduct.
A knowledgeable distracted driving accident lawyer evaluates whether punitive damages may apply in your case.
What If the Driver Denies Texting?
It is common for drivers to deny using their phone. Insurance companies often support these denials to reduce liability.
Without evidence, these cases can turn into word-versus-word disputes. That is why gathering phone data, witness statements, and video footage early is essential.
Even if texting cannot be directly proven, other forms of distracted driving — such as scrolling navigation apps or interacting with passengers — can still establish negligence.
California Comparative Negligence Rules
California follows a pure comparative negligence system. This means you can still recover compensation even if you were partially at fault.
For example, if you are found 20 percent responsible, your total compensation would be reduced by 20 percent. Insurance companies often attempt to shift blame, so strong legal representation is important.
What If the Texting Driver Was Working?
If the distracted driver was operating a commercial vehicle or driving for work purposes, their employer may also be liable under respondeat superior principles.
Rideshare drivers, delivery drivers, and company vehicle operators may trigger additional insurance coverage layers.
Identifying all liable parties increases the likelihood of full compensation.
Why You Should Not Accept a Quick Settlement
Insurance companies may offer early settlements before the full extent of your injuries is known. Accepting a quick payout can permanently close your case.
Because texting-related crashes often cause serious injuries — including whiplash, spinal injuries, and traumatic brain injuries — it is important to understand long-term medical needs before settling.
Why a Distracted Driving Accident Lawyer Is Critical in Texting Cases
Texting and driving cases often require technical investigation and aggressive negotiation. A skilled distracted driving accident lawyer can obtain phone records, work with experts, and build a compelling case that demonstrates negligence.
At Bojat Law Group, we represent victims injured by distracted drivers throughout California. We fight to hold negligent drivers accountable and pursue compensation that reflects the full physical, emotional, and financial impact of your injuries.
If you were injured by someone texting and driving, call (818) 877-4878 for a free consultation. You pay nothing unless we recover compensation for you.
