What if the other driver was distracted?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalA driver who fails to watch the road may be negligent. The claim still needs proof of what happened and how it caused harm.
In this guide
Here’s an example
A driver looks away from traffic to use a device and drifts into another lane.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
A driver must use reasonable care for the situation. Looking away can explain a missed hazard or late response. Witnesses and video may help show what the driver was doing.
Legal references: [1] California Civil Code § 1714 — Responsibility for harm · [2] CACI No. 400–401 — Negligence and the standard of care (2026 edition)
What can change the answer?
Phone use can be disputed. Do not try to access another person’s private accounts or records yourself.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Cabral v. Ralphs Grocery Co.
Supreme Court of California · 2011
51 Cal.4th 764, slip op., pp. 1–3
The court rejected a broad no-duty rule for a truck stopped beside a freeway. Drivers still had to use ordinary care.
It did not hold that every roadside stop is careless. The facts matter when deciding breach and cause.
Case applicability reviewed as recorded above.
A useful next step
Save witness accounts and available video. Ask about lawful ways to preserve relevant records.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- California Civil Code § 1714 — Responsibility for harm ↗Statute · Review recorded above
- CACI No. 400–401 — Negligence and the standard of care (2026 edition) ↗Jury instructions · Review recorded above
- Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.