What If the Driver Who Hit Me Was Texting While Driving?
Texting while driving is one of the most dangerous forms of distracted driving. A driver who takes their eyes off the road for just a few seconds can travel the length of a football field without looking ahead. Unfortunately, many serious California car accidents occur because a driver was sending a text message, reading a notification, scrolling through social media, or interacting with their phone instead of paying attention to traffic.
If you were injured in a crash and believe the other driver was texting, you may be wondering how to prove it and whether it can help your injury claim.
Is Texting While Driving Illegal in California?
Yes. California law prohibits drivers from holding and using a handheld wireless device while operating a motor vehicle. Drivers are generally not permitted to text, email, browse the internet, or use applications on their phones while driving.
When a driver chooses to text behind the wheel, they are violating the law and putting everyone around them at risk. If their actions cause a collision, that violation can become powerful evidence in a personal injury claim.
How Can I Tell If the Other Driver Was Texting?
Many accident victims do not actually see the other driver using their phone before impact. However, there are often clues that distracted driving played a role, including:
- The driver never applied the brakes before the collision
- The driver drifted out of their lane
- The driver ran a red light or stop sign
- The driver rear-ended stopped traffic
- Witnesses observed the driver looking down
- The driver admitted they were using their phone
Even if you did not personally witness the texting, an attorney may be able to uncover evidence during the investigation.
Can Cell Phone Records Be Obtained After an Accident?
In some cases, yes.
Cell phone records can help establish whether a driver was sending or receiving text messages, using data, or actively interacting with their phone around the time of the crash. These records are typically not available immediately, but they may be obtained through legal processes during an injury claim or lawsuit.
Phone records can sometimes reveal activity occurring within seconds or minutes of the collision, helping establish that distracted driving contributed to the accident.
What Other Evidence Can Prove Texting and Driving?
Cell phone records are only one piece of the puzzle. Other evidence may include:
Witness Statements
Witnesses may have observed the driver looking at their phone, holding a device, or failing to pay attention to traffic conditions.
Traffic Camera Footage
Nearby traffic cameras, surveillance cameras, or dashcams may capture the moments leading up to the collision.
Vehicle Data
Many modern vehicles contain electronic systems that record speed, braking activity, steering inputs, and other information before a crash.
Police Reports
Officers sometimes document signs of distracted driving or include statements from drivers and witnesses regarding phone use.
Social Media Activity
In some cases, timestamps from social media posts or messages may help establish that a driver was actively using their phone when the crash occurred.
Does Texting While Driving Increase the Value of My Case?
Potentially.
The primary factor in a personal injury claim is the extent of your injuries and losses. However, evidence that a driver was texting while driving can strengthen liability and make it more difficult for the insurance company to dispute fault.
When liability is clear, insurance companies often have fewer arguments available to reduce or deny a claim.
Compensation may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
What If the Insurance Company Denies the Driver Was Texting?
Insurance companies frequently dispute liability, even when distracted driving appears obvious.
An insurance adjuster may claim:
- There is insufficient evidence of phone use
- The crash was caused by something else
- You were partially responsible for the accident
- The driver’s phone activity is irrelevant
This is one reason why early investigation is important. Evidence such as surveillance footage, witness statements, and electronic records can disappear if not preserved quickly.
What Should I Do If I Suspect the Driver Was Texting?
If you believe distracted driving contributed to your accident:
- Call the police and obtain an accident report.
- Seek medical attention immediately.
- Take photographs of the accident scene.
- Collect witness contact information.
- Preserve any dashcam footage.
- Avoid giving recorded statements to the insurance company without legal advice.
- Contact an experienced California car accident attorney as soon as possible.
The sooner an investigation begins, the better the chances of preserving evidence that may prove the other driver was distracted.
Contact a California Car Accident Lawyer
If you were injured in a crash and believe the driver who hit you was texting while driving, you may have the right to pursue compensation for your medical bills, lost income, pain and suffering, and other damages.
At C&B Law Group, we investigate distracted driving accidents, gather critical evidence, and fight to hold negligent drivers accountable. Contact us today for a free consultation to discuss your case.
Frequently Asked Questions
Can police check a driver’s phone after an accident?
Not automatically. However, phone records and other evidence may be obtained during an investigation or through legal procedures when relevant to the claim.
What if the driver deleted their text messages?
Deleted messages do not necessarily eliminate all evidence. Phone carriers, metadata, witness testimony, and other records may still help establish phone activity.
Can I sue someone for causing an accident while texting?
Yes. If a driver’s texting and driving caused your injuries, you may be able to pursue compensation through an insurance claim or personal injury lawsuit.
What if I don’t have proof the driver was texting?
You should still speak with an attorney. Many distracted driving cases are proven through investigations that uncover evidence unavailable to accident victims immediately after the crash.
