Hurt by a Distracted Driver? Colvin Accident Lawyers Can Help You Understand Your Options.

A driver who looks at a phone for a few seconds can cause a serious crash. If a distracted driver hurt you or someone you love, you may have a claim. This guide explains California’s distracted driving rules, what a claim can cover, and what happens after you contact Colvin Accident Lawyers. It’s written for anyone searching for a Bakersfield distracted driving car accident attorney.

What Counts as Distracted Driving Under California Law

Distracted driving is any activity that pulls a driver’s eyes, hands, or mind off the road. Phone use is the most common example. The California Office of Traffic Safety publishes distracted-driving materials for the state.

California’s main phone rule is in Cal. Veh. Code § 23123.5. A person may not drive while holding and operating a handheld phone or other wireless device. Cal. Veh. Code § 23123.5 reads: “(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.” The exception is a device made for hands-free, voice-operated use, used that way. Cal. Veh. Code § 23123.5 reads: “(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”

A driver may touch the phone only in narrow cases. The phone must be mounted on the windshield, or on the dashboard or center console, without blocking the view of the road. The driver then uses one swipe or tap of a finger. Manufacturer-installed systems built into the vehicle are not covered.

Texting on a handheld device falls under the same rule. Other distractions, like eating, grooming, or adjusting a screen, can still support a negligence claim. Under Cal. Civ. Code § 1714, a person is responsible for an injury occasioned to another by a lack of ordinary care, except so far as the injured person has, willfully or by want of ordinary care, brought the injury upon himself or herself.

This page serves injured drivers, passengers, pedestrians, bicyclists, motorcyclists, and families of people killed in these crashes.

What a Claim Can Cover

A claim seeks money for the losses a crash causes. Under Cal. Civ. Code § 3333, damages compensate for all the detriment proximately caused by the wrong, even harm no one expected.

Economic damages are objectively verifiable money losses. They include:

• Emergency, surgical, and ongoing medical care
• Rehabilitation and prescriptions
• Lost wages and lost work opportunities
• Vehicle repair or replacement
• Burial costs after a fatal crash

Non-economic damages are subjective losses, such as pain, suffering, emotional distress, and loss of companionship. Cal. Civ. Code § 1431.2 defines both types. When more than one party is at fault, each pays its share of non-economic damages based on its percentage of fault.

Catastrophic injuries need careful records. A blow or jolt to the head can cause a traumatic brain injury. Spinal cord injuries and amputations can require lasting care, so medical records and care plans matter.

Wrongful death claims follow their own rules. Under Cal. Code Civ. Proc. § 377.60, a surviving spouse, domestic partner, children, and certain others may bring the claim.

How Fault Is Proven in a Distracted Driving Crash

Fault is proven by showing the other driver failed to use ordinary care and that this failure caused your injuries.

A phone violation can help. Under Cal. Evid. Code § 669, the failure of a person to exercise due care is presumed if the conditions set out in the statute are met. The driver violated a statute, ordinance, or regulation of a public entity, that violation caused the injury, the injury is the kind the rule was designed to prevent, and the injured person was one of the class of persons the rule was adopted to protect. The driver can rebut that presumption by showing they did what a careful person would do while trying to follow the law.

Evidence that helps show distraction includes:

• Police reports and witness statements
• Phone records, requested through the claim process
• Vehicle data and traffic camera footage, when available
• Photos of the scene and vehicles
• Medical records that link your injuries to the crash

Early steps matter. Photos, witness names, and prompt medical visits help keep the proof intact. Keep copies of medical bills and notes about missed work, too.

Damages are reduced by your percentage of fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).

Insurance and employers can both matter. The at-fault driver’s insurance is often where a claim is paid from. When the driver was working, the employer may share responsibility in some cases.

What to Expect: Steps and Timeline After You Contact Us

The process moves through five stages, from the first call to a settlement or lawsuit. The timing turns on your injuries, the insurer’s response, and court schedules.

1. Free first consultation. Your first consultation with Colvin Accident Lawyers is free, confidential, and carries no obligation to continue.
2. Case review. The firm reviews the crash facts, police report, medical treatment, and insurance information.
3. Evidence gathering. The team requests phone records, contacts witnesses, and organizes medical and repair records. Support staff help with the paperwork.
4. Demand and negotiation. The firm presents the claim to the insurer and responds to each offer.
5. Lawsuit if needed. Some claims do not settle. California generally allows two years to file an injury lawsuit under Cal. Code Civ. Proc. § 335.1. That deadline covers injury and death claims caused by another’s wrongful act or neglect.

The team keeps you updated as each stage arrives. If a public agency is involved, a written government claim may be due within six months under Gov. Code § 911.2. Acting early helps protect every deadline.

Colvin Accident Lawyers in Bakersfield and Kern County

For a Bakersfield distracted driving car accident attorney, Colvin Accident Lawyers is based in Bakersfield, California. Donald Norman Colvin is the responsible lawyer for this site.

Our team, which includes the firm’s lawyers and support staff, works on each case. Each case gets a review based on its own facts, from the crash report to the medical records.

The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases. It serves people across Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

If your crash happened on Highway 99 or Highway 58, note the exact location when you reach out. Those details help the team understand how the crash happened.

Common Questions About Distracted Driving Accident Claims

Short answers to the questions people ask most after a distracted driving crash.

Talk With Colvin Accident Lawyers About Your Distracted Driving Crash

If a distracted driver hit you or someone you love, you don’t have to sort out what comes next alone. A first conversation can answer questions about your crash, your injuries, and how the claim process works.

If another driver’s phone use led to your injuries or a loved one’s death, you may have a claim, so contact Colvin Accident Lawyers now.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site. Responsible lawyer: Donald Norman Colvin.