# What if the other driver was distracted?

Canonical: https://californiapersonalinjurylaws.com/guides/distracted-driving/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

A driver who fails to watch the road may be negligent. The claim still needs proof of what happened and how it caused harm.

## Hypothetical example

A driver looks away from traffic to use a device and drifts into another lane.

## 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.

## What can change the answer

Phone use can be disputed. Do not try to access another person’s private accounts or records yourself.

## A useful next step

Save witness accounts and available video. Ask about lawful ways to preserve relevant records.

## Court decisions behind this answer

### Cabral v. Ralphs Grocery Co. (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.

Limit: It did not hold that every roadside stop is careless. The facts matter when deciding breach and cause.

Source: https://law.justia.com/cases/california/supreme-court/2011/s178799/

## Sources

- [California Civil Code § 1714 — Responsibility for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1714.)
- [CACI No. 400–401 — Negligence and the standard of care (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764](https://law.justia.com/cases/california/supreme-court/2011/s178799/)

General information, not legal advice.