How to Combat Distracted Driving
October 15, 2025- Categories: Car Accidents
Distracted driving causes thousands of preventable crashes each year. Drivers who lose focus, even for a few seconds, can cause serious injuries or take lives. Many people wonder how to combat distracted driving to stay safe. While you need to remain vigilant and drive defensively, you cannot control the actions of others.
If another driver wasn’t paying attention and caused a crash that hurt you or a loved one, a car accident lawyer can help you understand your options and deal with the other driver’s insurance company during a free consultation.
Understanding the Legal Consequences of Distracted Driving
Every state, including California, has laws that prohibit distracted driving. At the state level, using a handheld phone or texting while driving can lead to citations, fines, and even points on your license. Repeat violations may result in license suspension. If distracted driving causes a crash that injures or kills someone, the driver could face criminal charges and possibly jail time.
In civil court, distracted drivers can also be held responsible for the harm they cause. That includes medical bills, lost pay, property damage, and pain and suffering. Proving distracted driving may involve reviewing cell phone records, security footage, or witness statements. Insurance companies often raise premiums after a distracted driving crash, especially if the driver was at fault. In some cases, the insurer may deny coverage altogether if the policyholder broke the law.
What Are the Most Common Types of Distracted Driving?
Texting behind the wheel is one of the most dangerous forms of distraction. It takes your eyes off the road, your hands off the wheel, and your mind off driving. According to the National Highway Traffic Safety Administration, sending or reading a text takes your eyes off the road for about five seconds. At 55 mph, that’s like driving the length of a football field blindfolded.
Many states, including California, have laws that require drivers to use hands-free devices. Holding a phone, even at a red light, could still lead to a ticket.
A breakfast sandwich or iced coffee might seem harmless, but food and drink can cause drivers to lose control. Spilling something or trying to unwrap packaging can distract both hands and attention. If a driver causes a crash while eating, they can be held liable just like someone texting behind the wheel.
Fiddling with a GPS or touchscreen pulls attention away from traffic. Even glancing at a map or switching playlists can lead to rear-end crashes or drifting into another lane. Conversations with passengers can also become distracting, especially if the driver gets too focused on talking instead of driving.
How Can You Protect Yourself from Distracted Drivers?
Stay alert and keep your distance. If the car ahead is drifting between lanes, braking late, or speeding up and slowing down for no reason, the driver might be distracted. Give yourself room to react. Avoid lingering in blind spots, and be ready to brake or steer out of harm’s way.
Apps like DriveMode or LifeSaver can silence calls and texts while you’re driving. Many newer vehicles also include features like lane departure warnings or automatic emergency braking, which help reduce the impact of distracted driving.
Plan your route before you leave. Set your music or GPS before shifting into gear. If you’re driving with others, ask a passenger to handle texts or directions. When you stay focused and calm, you make the road safer for everyone.
Proving Distracted Driving in Personal Injury Cases
To hold a distracted driver accountable, your legal team will need evidence. That might include phone records, witness statements, dash cam footage, or police reports. Accident reconstruction experts can sometimes show how distraction likely caused the crash based on how it happened.
Proving distraction isn’t always easy. Drivers rarely admit they were texting or reaching for something when they crashed. That’s why investigators often need to subpoena phone data or use timeline analysis to show what the driver was doing right before the crash.
Insurance companies conduct their own investigations. Some try to deny claims or blame the injured person to avoid paying. Having a skilled attorney can make it easier to collect and preserve key evidence before it disappears.
What Should You Do If You’re Injured by a Distracted Driver?
Call 911 and ask for both police and medical responders. Even if you feel okay, adrenaline can mask serious injuries. Get checked by EMTs and go to the hospital if recommended. Try to take photos of the scene, your injuries, and the vehicles involved. If witnesses are present, ask for their contact information.
Be careful what you say. A simple “I’m sorry” might be twisted later to suggest you admitted fault. Don’t give a recorded statement to the other driver’s insurance company without legal advice. California uses comparative negligence rules, which means your share of fault can reduce your settlement. Insurance companies use this rule to their advantage, even when their driver caused the crash.
Follow all treatment recommendations and keep every appointment. Ask your doctors to document everything in detail. That paperwork can become key evidence in your claim and shows that you’re taking your recovery seriously.
How a Personal Injury Attorney Can Help Your Distracted Driving Case
An experienced personal injury attorney knows how to gather evidence that proves the other driver’s distraction. They can subpoena phone records, get video footage, and work with crash investigators to build your case. They’ll also speak directly with insurance adjusters who may try to downplay your injuries or delay payment.
Attorneys often work with doctors, physical therapists, and financial experts to understand the full cost of your injuries. That includes current bills, time missed from work, future treatment needs, and the pain you’ve gone through because of the crash. They’ll help you pursue a full recovery, not just a quick check.
If the insurance company refuses to offer a reasonable amount, your attorney may recommend filing a lawsuit. They’ll handle court filings, deadlines, and procedures while you focus on healing. Most attorneys accept personal injury cases on a contingency basis, meaning you don’t pay upfront and legal fees are collected only if money is recovered in a settlement or award.
Contact the California Car Accident Lawyers at Neale Fhima Now
If a distracted driver caused your injuries or damaged your car, the team at Neale Fhima can help. Call 888-407-2955 now to schedule a free consultation. Let us review your case and explain your options.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
