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Distracted driving is one of the leading causes of vehicle collisions in California. In a recent year, 148 people lost their lives in California crashes involving a distracted driver, according to the California Office of Traffic Safety. For victims and their families, the road to recovery involves contending with a complex legal system in order to hold the distracted driver accountable.
From Highway 101 to the surface streets of Goleta and Carpinteria, distraction behind the wheel is a daily danger. At NordstrandBlack PC, we have handled numerous cases involving distracted drivers who caused devastating injuries on Santa Barbara roads.
What Is Distracted Driving?
Distracted driving refers to any activity that diverts a person’s attention away from the primary task of driving. If a distracted driver caused your crash, you may have grounds to file a personal injury claim for distraction, but you will need to have the right proof.
Driver distractions fall into three main categories:
- Visual – Taking your eyes off the road
- Manual – Taking your hands off the wheel
- Cognitive – Taking your mind off driving
Common sources of distraction include:
- Texting or using a smartphone
- Using in-car navigation or entertainment systems
- Eating or drinking
- Talking to passengers
- Grooming or adjusting mirrors
- Reaching for objects inside the car
Under California Vehicle Code § 23123.5, drivers are prohibited from holding or using a handheld wireless device while operating a vehicle on a public road. (There are exceptions for drivers who call 911 to report an emergency.) This law applies even when a car is stopped at a red light.
Proving Negligence in a Personal Injury Case
To win compensation in a Santa Barbara car accident case, you must establishing negligence under California law. This means demonstrating that:
- The other driver owed you a duty of care
- They breached that duty by driving while distracted
- That breach directly caused the collision
- You suffered damages and injuries as a result (medical bills, lost wages, pain and suffering)
Gathering Evidence of Distracted Driving
The burden of proof falls on the injured party. To prove distracted driving, your legal team must gather detailed evidence that shows the driver was not focused on the road at the time of the crash. Here’s what that might include:
Cell Phone Records
One of the most direct forms of evidence is a phone record showing calls, texts, or data usage during or just before the crash. A skilled attorney can request call logs from the driver’s cell carrier and correlate activity timestamps with the crash time. Even a short text message exchange could demonstrate the driver was not paying attention.
Eyewitness Testimony
Bystanders, other drivers, passengers, or even pedestrians may have seen the driver using their phone, eating, or looking away just before the crash. Testimony from an objective third party often carries weight in court, especially when paired with physical or digital evidence.
Dashcam or Surveillance Footage
Footage from traffic cameras, dashcams, or nearby businesses can show if the driver was looking down, weaving, or failed to brake. Santa Barbara’s downtown streets and intersections often have surveillance systems. This footage must be requested quickly before it is deleted or overwritten.
Police Report
A responding officer’s report may contain observations about distraction, such as an admission from the driver, evidence found in the car, or witness statements. Always obtain a copy of the report and review it with your attorney to spot helpful details.
Vehicle Data and Black Box Info
Many modern cars have event data recorders (EDRs) that log speed, braking, steering, and sometimes in-cabin behavior seconds before a crash. If distraction led to no evasive action being taken (no braking, no steering correction), this data can support the claim.
Expert Witnesses
Reconstruction experts can evaluate the crash scene and driver behavior to conclude whether distraction was likely. Expert reports can strengthen your case, particularly if physical evidence is limited.
Do Not Delay
In California, the statute of limitations for personal injury claims is two years from the date of the crash. However, distracted driving cases often rely on digital evidence that may be lost or overwritten.
Acting quickly can help preserve:
- Cell phone data
- Surveillance footage
- Dashcam files
If you suspect distraction played a role in your accident, contact a Santa Barbara distracted driving attorney right away to begin the investigation.
Damages Available in a Distracted Driving Case
Once you have established fault, you will need to prove the extent of your damages. A successful personal injury claim may include compensation for:
- Emergency medical treatment and surgery
- Physical therapy and rehabilitation
- Lost income and reduced earning potential
- Pain and suffering
- Property damage
- Long-term care costs in serious injury cases
What Causes Distracted Driving?
Our legal team is committed to uncovering the truth and securing justice for victims of preventable crashes. NordstrandBlack PC has represented clients injured by drivers who were:
- Texting at red lights and failed to stop
- Using in-car entertainment systems
- Reading GPS directions instead of watching the road
- Eating behind the wheel in slow traffic
The law is on your side, but it requires fast action and detailed investigation. If you suspect you were injured by a distracted driver, the time to act is now.
Speak With a Trusted Distracted Driving Car Accident Lawyer in Santa Barbara
If you have been injured in a Santa Barbara distracted driving crash, contact NordstrandBlack PC. We have the experience, resources, and determination to build your case from the ground up.
NordstrandBlack PC has a Superb 10.0 Avvo rating, and Renee J. Nordstrand-Black was awarded an AV Preeminent Rating by Martindale-Hubbell, the highest possible rating in both legal ability and ethical standards based on a peer review rating process.
Call (805) 962-2022 to schedule your free consultation today.
Let us focus on the legal recovery, so you can focus on your physical recovery.