Los Angeles Distracted Driver Accident Attorneys, Cell Phone Records Prove What Happened
Distracted driving is the most common form of negligence on California roads. We subpoena phone records and secure witness statements before they disappear.
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Former Insurance Defense
David Lederer and John Nojima defended insurers for years before switching sides. They know exactly how carriers fight distracted driving claims, and how to overcome those defenses.
No Fee Unless We Win
Zero upfront cost. We work on contingency, our fee comes from your recovery. If we do not win, you pay nothing.
Free Consultation 24/7
Call any time. Phone records can disappear in 30 days. We act immediately to preserve evidence the moment you hire us.
What Our Clients Say
“John Nojima was very attentive and made sure that my well-being and my vehicle were well taken care of. Mr. Nojima and his staff often worked extended hours to accommodate my schedule.”
“You are NEVER left waiting days to hear back from an atty. They are extremely responsive and always kept me informed throughout the entire process.”
What the Insurance Company Will Not Tell You After a Distracted Driving Accident
These are tactics we used when we defended insurers. Now we expose them.
They deny distraction and force you to prove it without the records only an attorney can subpoena
Without a subpoena, phone records are not available to the public or to individuals. Insurers know this. They deny distraction outright and wait to see if you can prove it. We issue the subpoena or legal hold letter immediately, before the records are gone.
They argue road conditions or your own driving caused the accident
Even when phone records show the driver was texting, insurers pivot to alternative causation theories, road design, weather, your lane position. We secure all physical evidence, traffic signal data, and accident reconstruction analysis to eliminate these alternative theories.
They use comparative fault to reduce your recovery
California's comparative fault rule is a standard insurer tool. They allege you weren't paying attention either, or that you failed to brake. We document your driving behavior through witness statements, dashcam footage, and the physical evidence at the scene to establish the distracted driver as the sole cause.
What to Do Immediately After a Distracted Driving Accident in Los Angeles
- 1
Call 911 and insist on a police report being filed. The officer's observations about the driver's phone or behavior at the scene are valuable early evidence.
- 2
Note and photograph whether the driver had a phone visible in their hand, on their lap, or on their seat immediately after the collision, before they put it away.
- 3
Ask any witnesses right away whether they saw the driver on a phone or behaving inattentively before the impact. Get their names and numbers.
- 4
Photograph all vehicle positions, skid marks (or their absence), traffic signals, and road conditions.
- 5
Seek medical attention the same day. Even if you feel okay, adrenaline masks injury and same-day records are critical to your claim.
- 6
Do not give any recorded statement to any insurer, not the other driver's carrier and not your own.
- 7
Call us at (310) 312-1860 the same day. Phone records can be deleted in 30 days. The sooner we act, the better your evidence.
How We Handle Your Distracted Driving Case
Free Consultation
We review your case at no charge. We will assess what evidence of distraction is available, what records must be preserved immediately, and what the insurer is likely to argue.
We Take Over
We send a representation letter to all insurers and a legal hold letter to the driver's phone carrier. From this point, all insurer communication goes through our office.
Investigation
We subpoena phone records, pull the police report, secure surveillance footage from nearby businesses and traffic systems, access the vehicle EDR, and retain accident reconstruction experts where needed.
Demand and Negotiation
We build a demand package around the phone record evidence, the kind of objective proof that makes carriers settle. We anticipate every comparative fault argument and address it before the demand goes out.
Settlement or Trial
Most cases settle when the phone records are in evidence. When they do not, we take cases to verdict. Los Angeles juries take a dim view of drivers who text behind the wheel.
Compensation You May Be Entitled To
California Distracted Driving Law
California Vehicle Code section 23123 prohibits handheld phone use while driving. Vehicle Code section 23123.5 prohibits texting while driving. Both statutes constitute negligence per se in civil cases, violating either statute establishes negligence without additional proof of carelessness.
California follows pure comparative fault under Civil Code section 1714. Even if you share some portion of fault in the accident, you still recover in California, your damages are reduced by your percentage of fault, not eliminated. We fight to minimize any comparative fault finding against you.
The statute of limitations for personal injury claims is two years from the date of the accident under Code of Civil Procedure section 335.1. But phone records can disappear in 30 days. The legal deadline is not the operative urgency, the evidence deadline is.
Frequently Asked Questions
How do you prove the driver was on their phone at the time of the crash?
What if the driver admits texting but claims it wasn't the cause of the crash?
How quickly do phone carriers delete call and text records?
Can distracted driving beyond phone use, eating, adjusting GPS, talking to passengers, support a claim?
What if witnesses say the driver wasn't on a phone?
Auto Accident Case Results
The following results are from actual Lederer & Nojima cases. Every case is different.
The case results displayed are not a guarantee or prediction of the outcome of any future case. Every case is different. Past results do not guarantee similar outcomes.
Related Practice Areas
Hit by a Distracted Driver? Evidence Disappears Fast. Call Now.
No fee unless we win. Former insurance defense attorneys on your side.
Available 24/7 · No fee unless we win · (310) 312-1860