What Is California’s Cell Phone Law?
Distracted driving continues to be a top cause of traffic fatalities, with cell phones being one of the leading sources of distraction. Drivers who text behind the wheel are distracted in 3 ways: visually, manually, and cognitively. California enacted its first cell phone law in 2008, making it one of the first states in the US to prohibit cell phone use while driving.
If you sustained injuries in an accident caused by a distracted driver, it’s crucial to consult with a California car accident lawyer who can help you recover fair compensation. Read on to learn about California’s cell phone laws and what do to if you’re injured by a distracted driver.
Understanding California Cell Phone Laws
Handheld Cell Phone Ban
California cell phone law defines cell phone use as holding and operating a handheld wireless telephone or electronic wireless communications device while driving. California Vehicle Code §23123, makes it illegal for drivers to use a handheld device for phone calls, texting, emails, GPS, or any other purpose while behind the wheel.
Texting is considered one of the most dangerous distractions because it simultaneously takes the driver’s eyes off the road, hands off the wheel, and mind off driving. California Vehicle Code §23123.5 makes it illegal to text while driving and states where a cell phone may be mounted inside the vehicle.
Can My Cell Phone Be Mounted in My Car?
It is legal to have your phone mounted in your vehicle. These placements are acceptable, but they must not hinder the driver’s view:
- The driver’s dashboard
- The center console
- The lower right side of the driver’s windshield in a 7-inch square area
- The lower left corner of the driver’s windshield in a 5-inch square area
Laws Regarding Hands-Free Cell Phone Use
California law prohibits drivers from using handheld cell phones for any purpose unless they are in a hands-free mode, using speakerphone or voice-activated commands. This can include Bluetooth headsets, speakerphone functions, or in-dash systems that allow for voice commands.
However, it is illegal to wear Bluetooth headphones in both ears while driving. A driver can legally wear a single earbud in one ear. It’s important to note that even hands-free use can be distracting, so drivers should avoid any phone use while driving.
California Distracted Driving Statistics
Even a momentary lapse in attention can lead to catastrophic car accidents. Nationwide, distracted driving is responsible for thousands of deaths each year. In 2022, over 3,308 people lost their lives in accidents involving distracted drivers.
In California, distracted driving contributes to a significant percentage of all traffic accidents. According to the California Office of Traffic Safety (OTS), 140 people were killed in distracted driving crashes in 2021, a 27% increase from 2020. An OTS Public Opinion Survey found that 74.2% percent of Californians identified distracted driving as their biggest traffic safety concern.
Texting and Driving Statistics
Despite the texting ban, many drivers still engage in this risky behavior. Texting and driving not only endangers the driver but also passengers and other road users.
According to the California Highway Patrol, drivers who text while driving are 23 times more likely to get in a crash. 2021 data provided by the National Highway Traffic Safety Administration revealed that:
- 410 people were killed in crashes involving texting and driving
- 644 nonoccupants lost their lives in traffic crashes involving a distracted driver
Fines and Penalties for Texting While Driving
- Drivers caught using a handheld device while driving face fines, with a minimum of $162 in traffic fines for a first offense. Subsequent offenses carry higher fines.
- The California DMV adds a point to a driver’s record if they receive a second or subsequent offense within 36 months of a prior conviction for the same offense.
- A violation of California’s cell phone laws can have a significant impact on a driver’s insurance premiums. Insurance companies view traffic violations as indicators of risky behavior.
- If a cell phone violation leads to an accident, the driver may be held liable for damages, including medical expenses, property damage, and pain and suffering.
Cell Phone Law and Commercial Truck Drivers
Due to their size and weight, commercial vehicles pose greater risks, and any distraction can have catastrophic consequences. The Golden State’s cell phone laws impose even stricter regulations on commercial drivers. Drivers who operate large trucks, buses, or other commercial vehicles are prohibited from using handheld cell phones at any time while driving. Commercial drivers must use hands-free devices that can be operated with a single touch or voice commands.
These rules are enforced both by state authorities and federal agencies like the Federal Motor Carrier Safety Administration (FMCSA). Violations can lead to severe penalties, including fines up to $2,750 (for drivers), license suspension, and driver disqualification by FMCSA.
What To Do if You Are Injured by a Distracted Driver
If you are injured by a distracted driver in California, it’s crucial to take the following steps:
- Call 911: Call the police and file a police report. This report will document details, including the date and time of the accident, the location, witness statements, and any traffic citations.
- Seek medical attention: Even if your injuries seem minor, it’s crucial to see a doctor right away. Some injuries may not be immediately apparent and can worsen over time.
- Gather evidence at the scene: If possible, take photos and videos of the accident scene, including vehicle positions, damage, skid marks, traffic signs, and road conditions.
- Look for surveillance cameras: Check for any nearby surveillance or traffic cameras that might have captured the accident.
- Obtain the other driver’s information: Exchange contact and insurance information with the other driver(s) involved.
- Collect witness information: Speak with witnesses, get their contact information, and ask if they are willing to provide a statement. Witnesses can provide valuable third-party accounts that support your claim.
- Consult an experienced car accident lawyer: Most car accident attorneys offer a free consultation to review your case and inform you of your legal options. An experienced attorney can guide you throughout the legal process, gather compelling evidence, and help you recover maximum compensation.
Contact Our California Car Accident Lawyers
If you are injured in a car accident caused by a distracted driver, an experienced personal injury attorney can help you obtain fair compensation. At Alpha Accident Lawyers, we understand the complexities of California’s cell phone laws and how they impact personal injury cases. Our car accident lawyers can help you prove the other driver’s liability and hold them accountable for your injuries and losses.
Our California personal injury firm is dedicated to helping injured victims obtain justice and recover the financial compensation they deserve. We maintain a 99% success rate and have helped our clients recover millions of dollars in settlements and verdicts. Contact us today for a free consultation.
