Hit by a distracted driver? Talk to us before you talk to their insurance company.
The other driver's insurer will call you within days. Their job is to pay you as little as possible. Ours is the opposite. Free case review, no fee unless we win, and a real person answers 24/7.
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The first few days decide a lot of cases. In order:
What you can get paid for
A car accident claim is more than the repair bill. It covers everything the crash took from you, now and later.
Find out what your case is worthCar accident results
Deadlines vary. Act early.
How long you have depends on the type of case and who is responsible. Some claims, such as those against a government agency, have deadlines measured in months, not years. Call early, and we find the deadline that applies to you.
Car accident questions we get every day
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More about hit by a distracted driver
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Updated September 2026. General information, not legal advice about your case.
Distracted driving: the numbers
In 2024, 3,208 people were killed and an estimated 315,167 were injured in crashes involving distracted drivers, according to the National Highway Traffic Safety Administration. The real number is likely higher, because distraction is hard to prove after a crash.
What counts as distracted driving
- Texting, calling or using apps on a phone held in the hand
- Using an in-car screen or a navigation system while moving
- Eating, reaching for objects, or turning to passengers
- Looking at something outside the car instead of the road
The law on phones
California bans driving while holding and operating a phone. A phone must be mounted and used hands-free, with no more than a single tap or swipe (Vehicle Code 23123.5). Nevada bans texting and handheld calls while driving (NRS 484B.165). Other states in which we handle cases have their own rules. Breaking these laws can be strong evidence of fault.
How distraction is proved
Drivers rarely admit they were on the phone. The proof usually comes from records, not from the driver:
- Phone records, obtained through the case, that show calls, texts and data use at the time of the crash
- The vehicle's crash data, which can show speed and braking
- Video from dashcams, businesses and traffic cameras. See how long camera footage is kept
- Witnesses who saw the driver looking down
- No skid marks or late braking before impact
Much of this evidence has a short life. Video can be overwritten in days. The sooner a lawyer sends preservation requests, the more evidence survives.
What your case can cover
- Medical bills, now and in the future
- Lost pay and lost ability to work
- Vehicle damage
- Pain and suffering
What to do now
- Get medical care. Some injuries show up days later.
- Write down what you saw the other driver doing, as soon as you can.
- Get witness names and the police report number.
- Do not give a recorded statement to the other driver's insurer.
- Call us. Deadlines vary, and claims against a government agency can have much shorter deadlines. There is no fee or cost unless we recover money for you.
Not sure if you have a case? Call anyway. It's free to ask.
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This is a paid advertisement for TORKLAW, not an offer or guarantee of results. Every case is different and must be evaluated on its own merits. Some matters may be referred to partner firms as appropriate. Contacting us does not create an attorney-client relationship. Tracy R. Horn, Esq. is responsible for this advertisement. Main Office: 18650 MacArthur Blvd, Suite 300, Irvine, CA 92612.