Dedicated to the pursuit of justice

San Diego Distracted Driving Accident Lawyer

In our increasingly technological world, it’s difficult for people to stay focused on the road. Distracted driving due to cell phone use, texting and other non-driving activities is a primary cause of motor vehicle accidents in San Diego. 

If you have been injured in a car accident caused by a distracted driver, speak to a San Diego Distracted Driving Accident Lawyer at CaseyGerry. Our firm offers free case consultations and can be reached at (619) 238-1811. 

Why Choose Our San Diego Distracted Driving Accident Lawyer? 

  • In our more than 70 years of advocating for injured victims, we have helped our clients secure billions of dollars in compensation.   
  • We have two full-time certified private investigators on staff that will immediately begin collecting evidence to support your injury claim. 
  • There are no upfront fees, and we only get paid if you do.

Why You Need a Distracted Driving Accident Lawyer In San Diego

The details of a distracted driving case are often complicated, and it is unlikely that the distracted driver will admit fault. An experienced lawyer and their team of expert crash investigators will figure out what happened in the moments before the crash in order to support your claim. For that to occur, an in-depth look must be taken into the driver statements and admissions, eyewitness statements, cell phone records, any surveillance video, and more. Your attorney will also skillfully handle the negotiations with the at-fault party’s insurance company to get the compensation you need for a healthy recovery. 

What Is Distracted Driving?

The National Highway Traffic Safety Administration defines distracted driving as any activity that diverts attention away from the primary task of driving. There are three main types of distracted driving:


Any action that takes one or both hands away from the steering wheel or other driving mechanisms. (e.g. eating or drinking, checking a cellphone, fixing makeup or hair, reaching into the back seat)


Any distraction that diverts a driver’s eyes from the road, even if it’s for a brief period.  (e.g. collisions, pedestrians, road signs)


Referring to any loss of focus behind the wheel. The most common examples are daydreaming, dozing off, or falling asleep. This type of distracted driving can be tougher to prove in an injury claim since it is difficult to prove what a driver was focused on at the time of a crash. 

These categories or distractions can all result in a major safety threat not only to drivers but to everyone who shares the road with them. The most common examples include: 

  • Talking on the phone
  • Texting
  • Eating or drinking
  • Talking to passengers in the vehicle
  • Personal grooming
  • Tuning the stereo or entertainment system
  • Using the navigation system

In 2018, more than 2,800 people in the United States died due to distracted drivers.                                                                                                                                                                                                                                                                                                                                                                                                        

Three of the Most Common Types of Accidents Caused by Distracted Driving

Distracted drivers commonly cause the following three types of accidents:  

1) Rear-end collisions: When a car hits the vehicle in front of them, this is known as a rear-end collision. A driver looking at their phone instead of the road ahead can easily hit the vehicle in front of them. These accidents commonly occur when approaching or stopped for a red light. 

2) Side-impact collisions:  Also called a T-bone collision, this type of accident occurs when the front end of a car hits the side of another vehicle. Side impact collisions often occur when a car is going through an intersection, and a distracted driver runs a red light or stop sign and hits them. Another common reason for side-impact collisions is when a distracted driver doesn’t yield to oncoming traffic while making a turn. 

3) Head-on collisions: When the front of a vehicle comes into direct contact with the front of another vehicle, it’s called a head-on collision or a frontal crash. These accidents can take place when a distracted driver crosses the centerline of the road and hits an oncoming vehicle. One can also take place if a distracted driver is traveling on the wrong side of the road. Head-on crashes are more likely to cause serious injuries or fatalities than any other type of car accident. 

How to Prove an Accident Was Caused by Distracted Driving 

Holding a distracted driver accountable involves building a strong case to prove they were negligent, meaning they did something wrong or failed to use reasonable care, and that you suffered injuries as a direct result. 

Building your case will require an in-depth investigation to obtain critical evidence of fault, and there are several ways to determine that distracted driving contributed to a car accident, including: 

  • Statements from the driver, passengers, or other witnesses can be powerful evidence. For example, the driver may have admitted fault at the scene, or witnesses who were not involved in the crash may have seen that the driver was distracted and caused the crash. 
  • Debit or credit card receipts, along with food wrappers, drink cups, or spills, can indicate recently purchased food or drinks that the driver may have been consuming at the time of the collision. 
  • Accident scene evidence. There is often a lack of braking or swerving in distracted driving accidents since the driver typically doesn’t know they are about to crash. Either no signs of skid marks or signs of short, straight skid marks at the scene could indicate that the driver did little to no braking, or swerving. 
  • Information from the event data recorder (EDR) in the driver’s car. Some newer cars contain EDRs, which record a variety of data, such as engine speed, changes in speed, use of brakes, and more as a car is moving. This data can be downloaded after a crash. 
  • Social media activity may show that the driver posted right before the moment of the collision, or posted incriminating statements after the accident. 
  • Security camera footage (if available), could show the distracting incident just prior to the accident. 

Contact Our San Diego Distracted Driving Accident Lawyer

The attorneys at CaseyGerry work tirelessly to bring justice to San Diego residents who have been seriously harmed by the negligence of distracted drivers. If you or a loved one has been injured, we are ready to help. Contact our firm online for a free case evaluation, or by calling (619) 238-1811. 

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