Distracted driving has surpassed drunk driving as a leading cause of car accidents in California. Attorney Anand Desai uses cell phone records, dash cam footage, and digital forensics to prove the other driver was distracted and hold them fully accountable for your injuries.
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Proving distracted driving requires more than just saying the other driver was on their phone. You need hard evidence: cell phone records showing active usage at the moment of the crash, dash cam footage capturing the driver looking down, social media posts timestamped to the moment of the accident, or witness testimony describing the driver's behavior. Attorney Anand Desai knows how to obtain and present this evidence effectively.
With 20+ years of legal experience, over 5,000 clients served, and more than 50 jury trials, Anand Desai brings the litigation skill needed to prove distracted driving claims. His background as a former LA County Public Defender gave him deep experience with evidence rules, witness examination, and courtroom strategy that translates directly to aggressive personal injury advocacy.
California has some of the strongest anti-distracted-driving laws in the nation. California Vehicle Code §23123 requires hands-free phone use while driving, and CVC §23123.5 specifically prohibits texting while driving. Violations of these statutes constitute negligence per se, meaning the distracted driver is automatically considered negligent if they violated the law. Our firm leverages these statutes to build powerful cases for our clients.
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California has enacted some of the most comprehensive distracted driving laws in the country. California Vehicle Code §23123 prohibits drivers from holding and operating a handheld wireless telephone while driving. Under this law, drivers may only use a phone in a hands-free mode, such as through Bluetooth or a mounted phone with voice commands. The phone must be mounted on the windshield, dashboard, or center console in a manner that does not obstruct the driver's view.
CVC §23123.5 specifically prohibits writing, sending, or reading text-based communications while driving. This includes text messages, emails, social media posts, and instant messages. The law applies even when the vehicle is stopped at a red light or in traffic. A first offense carries a $20 base fine (approximately $76 with assessments), and subsequent offenses carry a $50 base fine (approximately $190 with assessments) and add a point to the driver's record.
For drivers under 18, CVC §23124 imposes even stricter restrictions: no use of any electronic communication device while driving, even in hands-free mode. These laws are significant for personal injury cases because a violation constitutes negligence per se under California Evidence Code §669. This means if the at-fault driver was using a handheld phone or texting at the time of your accident, they are automatically considered negligent, eliminating the need to prove the duty and breach elements of your claim. Attorney Anand Desai leverages these statutes to strengthen every distracted driving accident case.
The challenge in distracted driving cases is proving that the other driver was actually distracted at the moment of the collision. Unlike drunk driving, where a BAC test provides objective evidence of impairment, distracted driving requires more creative evidence gathering. Anand Desai Law uses multiple strategies to establish distraction.
Cell phone records are among the most powerful pieces of evidence. Through the discovery process, we can subpoena the at-fault driver's phone records to show whether they were making a call, sending a text, or using data (indicating app usage) at the exact time of the collision. Phone records show the precise time of each call, text, and data session, which can be correlated with the time of the accident.
Dash cam footage from your vehicle, the at-fault driver's vehicle, or other vehicles in the area can visually capture the driver looking down at their phone, eating, or otherwise not paying attention to the road. Many commercial vehicles have dash cams, and an increasing number of private vehicles do as well. Surveillance cameras from nearby businesses may also capture the accident and the driver's behavior.
Social media evidence has become increasingly relevant. If a driver was posting on Instagram, Snapchat, Facebook, or TikTok at or near the time of the accident, the timestamped posts provide direct evidence of distraction. Even location-tagged check-ins or stories posted shortly before the accident can be relevant. Digital forensics experts can extract deleted data from phones when necessary. Witness testimony about the driver's behavior — looking down, swerving, delayed reaction — corroborates the electronic evidence.
Distracted driving encompasses three categories of distraction, and many activities involve all three simultaneously. Visual distraction occurs when the driver takes their eyes off the road. Manual distraction occurs when the driver takes their hands off the steering wheel. Cognitive distraction occurs when the driver's mind is not focused on driving. Texting while driving is considered the most dangerous form of distraction because it involves all three types simultaneously.
Beyond phone use, common forms of distracted driving include eating or drinking while driving, adjusting the radio, climate controls, or GPS, talking to passengers (particularly heated arguments), grooming such as applying makeup or shaving, reaching for items in the vehicle, watching videos on a phone or tablet, and daydreaming or being lost in thought. While phone-related distraction receives the most attention, any activity that diverts the driver's attention from the road can form the basis of a negligence claim.
The National Highway Traffic Safety Administration estimates that at any given moment, approximately 660,000 drivers in the United States are using cell phones or electronic devices while driving. Sending or reading a text takes a driver's eyes off the road for an average of 5 seconds. At 55 mph, that is equivalent to driving the length of a football field blindfolded. On the congested streets and freeways of Glendale and Los Angeles, where conditions change rapidly and traffic density is high, even a momentary distraction can lead to a catastrophic collision.
The urban driving environment of Glendale and Los Angeles creates conditions where distracted driving is both more common and more dangerous. Stop-and-go traffic on freeways like the 134, 2, 5, 210, and 101 leads many drivers to check their phones during perceived lulls in traffic flow. The false sense of safety during slow traffic leads to rear-end collisions when traffic suddenly stops and the distracted driver fails to brake in time.
On Glendale surface streets, distracted driving is a leading cause of T-bone accidents at intersections and pedestrian strikes at crosswalks. Busy commercial areas like Brand Boulevard, Central Avenue, and the blocks surrounding the Americana at Brand and Glendale Galleria have high concentrations of pedestrians, creating extreme danger when a driver is not watching the road. Colorado Boulevard, Glenoaks Boulevard, and San Fernando Road are arterials where distracted driving at speed leads to severe collisions.
School zones present a particular concern. When drivers are distracted near schools during drop-off and pick-up times, children are at extreme risk. Glendale Unified School District schools, Pasadena schools, and Burbank schools all have campus zones where distracted driving has caused accidents. California Vehicle Code §22352 establishes 25 mph school zone speed limits, and distracted driving violations in school zones carry enhanced penalties. If you were injured by a distracted driver in any of these areas, Anand Desai Law can help.
One of the strongest legal tools available in distracted driving cases is the doctrine of negligence per se. Under California Evidence Code §669, when a person violates a statute and that violation causes injury, the person is presumed to have been negligent. California's hands-free law (CVC §23123) and texting ban (CVC §23123.5) are safety statutes designed to protect other road users. A driver who violates these laws and causes an accident has therefore committed negligence per se.
Negligence per se is significant because it eliminates two of the four elements that a plaintiff normally must prove in a negligence case: duty and breach. With negligence per se, the duty is established by the statute, and the breach is established by the violation. The plaintiff still must prove causation (the violation caused the accident) and damages (the accident caused injuries), but the liability analysis is simplified.
Even when a specific traffic violation cannot be proven, distracted driving can still constitute ordinary negligence. Every driver has a common law duty to exercise reasonable care while operating a vehicle. A driver who is eating, adjusting a GPS, arguing with a passenger, or otherwise not paying attention to the road may be negligent even if their specific conduct does not violate a particular statute. Attorney Anand Desai builds cases using both negligence per se and common law negligence theories to ensure the strongest possible claim for each client.
Victims of distracted driving accidents in California are entitled to recover the full range of compensatory damages. Economic damages include all costs for care — emergency treatment, hospitalization, surgery, physical therapy, chiropractic care, prescription medications, and future treatment. Lost wages for time missed from work and loss of future earning capacity if your injuries affect your ability to work are also recoverable. Out-of-pocket expenses such as transportation to appointments, home care assistance, and property damage are included.
Non-economic damages compensate for the intangible harms: physical pain and suffering, emotional distress, anxiety, depression, post-traumatic stress, loss of enjoyment of life, and loss of consortium. There is no cap on non-economic damages in California personal injury cases. The amount depends on the severity and duration of your injuries, their impact on your daily life, and the egregiousness of the defendant's conduct.
In cases involving particularly reckless distracted driving, punitive damages may be available under California Civil Code §3294. While not every distracted driving case warrants punitive damages, situations involving extreme conduct — such as a driver watching a video while driving at highway speed, or a driver who was live-streaming on social media when they caused the accident — may rise to the level of conscious disregard for safety that supports a punitive damages claim. Past results do not guarantee future outcomes. Each case is evaluated on its individual facts.
Proving distracted driving requires gathering multiple types of evidence. Cell phone records can be subpoenaed to show calls, texts, and data usage at the time of the crash. Dash cam and surveillance footage may capture the driver looking at their phone. Social media posts timestamped near the accident time provide direct evidence. Witness testimony about the driver's behavior strengthens the case. Vehicle event data recorder (black box) data can show lack of braking. Digital forensics experts can recover deleted phone data. Attorney Anand Desai uses all available evidence to prove distraction.
Yes. California Vehicle Code §23123.5 specifically prohibits writing, sending, or reading text-based communications while driving. This includes text messages, emails, social media posts, and instant messages. CVC §23123 also prohibits holding and operating a handheld phone while driving — drivers must use hands-free mode. For drivers under 18, CVC §23124 prohibits all electronic device use while driving, even hands-free. Violations of these laws constitute negligence per se, meaning the driver is automatically considered negligent in a civil personal injury case.
Distracted driving falls into three categories: visual (taking eyes off the road), manual (taking hands off the wheel), and cognitive (mind not on driving). Texting is the most dangerous because it involves all three. Other common distractions include phone calls, GPS navigation, eating or drinking, talking to passengers, adjusting radio or climate controls, grooming, reaching for items, watching videos, and daydreaming. Any activity that diverts attention from driving can constitute negligence if it causes an accident. California law specifically targets phone-related distraction with CVC §23123 and §23123.5.
Punitive damages may be available in distracted driving cases involving particularly egregious conduct under California Civil Code §3294. Not every distracted driving case qualifies, but situations involving extreme recklessness — such as watching videos while driving at highway speed, live-streaming on social media, or a driver with prior distracted driving citations who causes a severe accident — may support a punitive damages claim. Attorney Anand Desai evaluates each case individually and pursues punitive damages when the facts support them.
Negligence per se is a legal doctrine under California Evidence Code §669 that creates a presumption of negligence when a person violates a statute designed to protect others. When a driver violates California's hands-free law (CVC §23123) or texting ban (CVC §23123.5) and causes an accident, they are presumed negligent. This eliminates the need to prove the driver had a duty and breached it — those elements are established by the statutory violation. You still must prove the violation caused the accident and that you suffered damages.
Even if the driver denies phone use, objective evidence can prove otherwise. Cell phone records obtained through discovery show the exact times of calls, texts, and data usage. Phone records cannot be altered by the driver. Dash cam footage, surveillance cameras, and witness testimony provide additional proof. Social media posts are timestamped by the platform. In some cases, the vehicle's infotainment system logs phone connections. Digital forensics can recover deleted texts and app activity. Attorney Anand Desai uses all available evidence sources to establish distraction regardless of the driver's claims.
Yes. Pedestrians injured by distracted drivers have the right to file a personal injury lawsuit for all damages including costs of care, lost wages, pain and suffering, and emotional distress. Pedestrian injuries from distracted driving tend to be severe because the pedestrian has no protection. California law gives pedestrians the right of way in marked and unmarked crosswalks (CVC §21950). A distracted driver who strikes a pedestrian in a crosswalk is nearly always liable. Attorney Anand Desai has helped many pedestrian victims of distracted driving recover substantial compensation.
The statute of limitations for a personal injury claim from a distracted driving accident is two years from the date of the accident under California Code of Civil Procedure §335.1. Claims against government entities require filing an administrative claim within six months. However, it is critical to act quickly because phone records, surveillance footage, and social media evidence can be deleted or overwritten. The sooner your attorney sends evidence preservation letters, the better your chances of proving distraction. Call Anand Desai Law at (833) 270-7800 for a free consultation.
Distracted driving accident victims can recover economic damages for all costs related to care, lost wages, and loss of future earning capacity. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. California places no cap on non-economic damages in personal injury cases. In cases involving particularly reckless distraction, punitive damages may also be available. The total value depends on injury severity, treatment costs, impact on your ability to work and enjoy life, and the degree of the driver's recklessness. Past results do not guarantee future outcomes.
Anand Desai Law handles all distracted driving accident cases on a contingency fee basis. There is no upfront cost, no retainer, and no hourly fee. We advance all costs of investigation and litigation, including digital forensics, expert witnesses, and court fees. You only pay a fee if we successfully recover compensation for you. If we do not win, you owe nothing. This arrangement ensures that cost is never a barrier to getting the legal representation you deserve. Call (833) 270-7800 for a free, no-obligation consultation.
Anand Desai is a dedicated personal injury attorney serving Glendale and the greater Los Angeles area. A graduate of Loyola Law School with an undergraduate degree from USC, Anand has been a member of the California State Bar (#249768) since 2007, bringing 20+ years of legal experience to every case he handles.
Anand specializes in personal injury law, with particular expertise in car accidents, motorcycle accidents, truck accidents, and catastrophic injury cases. His deep understanding of California personal injury law, combined with his tenacious negotiation skills, has helped him secure millions of dollars in settlements and verdicts for his clients.
What truly sets Anand apart is his commitment to his community. His firm is one of the only law offices in Glendale that offers services in 11 languages, including Spanish, Armenian, Hindi, Gujarati, Korean, Tagalog, Farsi, Mandarin, Japanese, Vietnamese, and English — reflecting the rich diversity of the communities he serves.
“I fight for every client like they’re family. When you hire me, you’re not just getting a lawyer — you’re getting someone who genuinely cares about your recovery and your future.”
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