Is texting while driving illegal in California?

Yes. California law prohibits texting and using handheld devices while driving, and a violation can be used as evidence of negligence in an accident case.

Can texting while driving be used to prove liability in an accident?

Yes. If a driver was texting at the time of a crash, police reports, phone records, witness testimony, and digital evidence can help establish negligence and liability.

What evidence is used to show a driver was texting during a crash?

Common evidence includes phone records, cell tower data, accident scene photos, surveillance video, witness statements, and data downloaded from the driver’s phone.

What rights do victims of texting while driving accidents have in California?

Victims have the right to seek compensation for medical expenses, lost wages, property damage, pain and suffering, emotional distress, and other accident‑related losses.

Can I still recover damages if the other driver denies texting while driving?

Yes. You may still recover damages with supporting evidence such as phone records, witness accounts, and expert testimony even if the driver denies texting.

How do police determine if texting caused a car accident?

Police may use statements, witness reports, phone data, and crash reconstruction to determine distractive behavior such as texting at the time of the incident.

Can I claim emotional distress after a texting while driving accident?

Yes. In addition to economic damages, a victim can seek compensation for non‑economic harms like emotional distress if supported by evidence and testimony.

What should I do after a texting while driving accident in California?

You should seek medical care, document the accident scene, exchange information, preserve evidence, and consult an attorney to protect your legal rights.

Will insurance companies treat texting while driving claims differently?

Insurers may investigate more closely and may try to reduce liability or damages, which is why strong documentation and legal guidance can be important.

How long do I have to file a lawsuit for a texting while driving accident in California?

Under California law, you typically have two years from the date of the accident to file a personal injury lawsuit, with shorter deadlines for claims against government entities.

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Texting While Driving Accidents in California: Liability, Evidence, and Your Rights

Published: January 29, 2026

Bianca Babaians

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