You were stopped at a red light, driving through a Chula Vista intersection, or waiting to make a turn — and another driver hit you. The accident was sudden, unexpected, and preventable. If the driver who caused the crash was on their phone, eating, or otherwise not paying attention, you have a distracted driving claim. De Santis Law Center represents Chula Vista and San Diego County accident victims, and we know exactly how to prove a distracted driver caused your injuries.
How Serious Is Distracted Driving in 2024?
Serious. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed 3,208 people and injured more than 315,000 in 2024. Cell phone use is the leading distraction — and using a handheld device increases crash risk 3.6 times compared to undistracted driving. Reading a single text message takes a driver’s eyes off the road for five seconds. At 55 mph, that is the equivalent of driving the length of a football field completely blind.
California banned handheld phone use while driving, but enforcement is imperfect and drivers still do it constantly. Our firm sees distracted driving as a contributing factor in a significant share of the San Diego car accident cases we handle — and we have developed specific methods for proving it in court.
Types of Distracted Driving: It’s Not Just Phones
Cell phones are the most cited distraction, but they are far from the only one. Distracted driving falls into three categories: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off the task of driving). The most dangerous distractions combine all three — which is why texting is so deadly.
Other common distractions include: eating and drinking behind the wheel, adjusting in-car entertainment or navigation systems, reaching for objects in the back seat, grooming (applying makeup, shaving), and interacting with passengers. When another driver’s inattention injured you, the specific type of distraction affects how we build your case — and the evidence we pursue to prove it.
How to Prove the Other Driver Was Distracted
This is the central challenge in distracted driving cases, and it is where experienced legal representation makes the biggest difference. Unlike DUI cases, there is no “test” administered at the scene that proves distraction. But there is a reliable body of evidence to pursue.
Cell phone records are the most powerful tool. With a subpoena, we can obtain the at-fault driver’s call, text, and data usage logs — which are timestamped to the second. If their phone was in active use at the moment of impact, those records are definitive evidence. We also pursue: witness statements (did anyone see the driver looking at a phone before the crash?), surveillance and dashcam footage from nearby businesses or other vehicles, the police report (officers sometimes note phone use at the scene), and in some cases, vehicle data from infotainment systems. Our car accident legal team moves quickly to preserve and subpoena this evidence before it is lost.
Hit by a Distracted Driver in San Diego? We Can Prove It.
The evidence you need exists — you just need attorneys who know how to get it. Call De Santis Law Center for a free consultation.
Get a Free Consultation or call us at (619) 425-2120.
California Law on Distracted Driving
California Vehicle Code §23123.5 prohibits holding or using a handheld wireless device while driving. Violations are misdemeanors and carry fines — but more importantly for your civil claim, a proven violation is evidence of negligence per se. That means the driver’s illegal phone use establishes their fault without requiring additional proof that the behavior was unreasonable. We use traffic citations and cell records together to build an airtight liability case.
What If the Driver Denies Being Distracted?
They almost always do. Admitting distraction is admitting fault — and most drivers know it. That is exactly why objective evidence matters so much in these cases. The driver’s cell records do not lie. Surveillance footage does not change its story. And witness accounts are taken under oath. You do not need the other driver’s confession to win your case. You need an attorney who knows how to gather and present the evidence that proves it.
We have also seen cases where distracted drivers were employees — driving a work vehicle while handling calls or messages for their employer. In those cases, the employer can be liable under the doctrine of respondeat superior. More defendants means more insurance coverage available to compensate you. Our case results reflect the value of pursuing every responsible party.
What Damages Can You Recover After a Distracted Driving Crash?
The same range of damages available in any car accident case applies here: medical expenses, lost wages, property damage, pain and suffering, and emotional distress. Because distracted driving involves a conscious choice to use a device while operating a vehicle, California courts may also consider awarding punitive damages in cases where the behavior was especially reckless. Understanding how much your California personal injury case is worth depends on your specific injuries and the strength of the liability evidence we develop for you.
Frequently Asked Questions About Distracted Driving Claims
Can I get the other driver’s cell phone records?
Yes — with a subpoena. Your attorney can request cell records during the litigation process. Carriers are required to produce call, text, and data logs. The records show whether the phone was in use at the time of the crash, and those records have been used to prove liability in countless distracted driving cases.
What if there were no witnesses who saw the driver on their phone?
Witness accounts help but are not required. Cell records and video surveillance are often sufficient to establish distraction. The absence of eyewitnesses does not mean the evidence isn’t there — it means you need attorneys who know where to look.
How long does a distracted driving case take?
Most cases settle within 12–18 months. Cases that require more discovery — particularly subpoenaing phone records or deposing corporate witnesses in employer-liability cases — can take longer. We keep you updated at every step and make sure you understand your options before any settlement decision is made.
What if I was also partially at fault?
California’s pure comparative negligence rule means you can still recover damages even if you share some fault — your award is reduced by your percentage of responsibility. Even if you were 20% at fault, you can still recover 80% of your damages. Call us and we will evaluate how fault will likely be allocated in your case.
Ready to Get Started?
Distracted drivers put everyone on San Diego roads at risk — and they should be held accountable. De Santis Law Center builds the evidence-backed cases that win. Free consultation, no fee unless we recover for you.
Get a Free Consultation or call us at (619) 425-2120.