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495+Distracted driving is dangerous driving. That is especially true for texting and driving. California has a hands-free cell phone law. A driver who uses his or her phone while behind the wheel can be cited for a traffic violation. Beyond that, he or she may be legally responsible for a resulting crash. Here, our Riverside car accident attorney provides a comprehensive guide to California’s hands-free law and explains how it might impact your case.
California Cell Phone Law: Explained
California hands free law is designed to help keep our roadways safer. Our state regulates the use of wireless devices while driving through a set of targeted statutes. The core principle is very straightforward: Drivers must keep their hands on the wheel and their attention on the road. Using a handheld device while driving is dangerous. Here is a detailed overview of the laws:
Handheld Device Ban (The Primary Rule)
Under California Vehicle Code § 23123, a driver may not hold and operate a wireless telephone while driving. Along with other things, the ban prohibits using a handheld device for talking, dialing, or otherwise manipulating it. Notably, the statute makes using a phone while driving a primary offense. That means an officer may initiate a traffic stop solely for this violation. However, there are limited exceptions for emergency calls to law enforcement, fire services, and/or medical providers.
Texting and Electronic Messaging Ban
California Vehicle Code § 23123.5 prohibits writing, sending, or reading text-based communications while driving. The restriction applies to texts, emails, and app-based messages. Courts interpret “electronic wireless communications device” broadly. A cell phone, a tablet, and other electronic devices are all covered by the statute if they can be used to exchange messages with other people.
Hands-Free Requirement (Mounting Devices)
In California, hands-free cell phone use is permitted, but only if the device is properly mounted. The driver may perform a single tap or swipe if the phone is affixed to the windshield or dashboard in a manner that does not obstruct the view. However, drivers under 18 cannot use a hands-free device mounted in the vehicle. There is a zero-tolerance standard for minors.
The Penalties
A violation of California’s cell phone law is an infraction with relatively low base fines but significantly higher total costs. Under state law, the base fine is $20 for a first offense and $50 for each subsequent offense. However, mandatory state and county penalty assessments increase the actual cost to roughly $150 to $170+ for a first ticket and $250 to $300+ for repeat violations. A first offense does not add a DMV point. However, a second violation within 36 months results in one point on the driver’s record. That could lead to higher auto insurance premiums.
What to Know About Negligence and Cell Phone Driving Laws in California
Distracted driving is a form of negligence, meaning the driver failed to exercise the reasonable care a responsible person would use behind the wheel. Under California law, an injured person can hold a negligent driver financially responsible for the harm they caused.
To prove negligence in a distracted driving case, the following four elements must be established:
- Duty: The driver had a legal obligation to operate their vehicle safely and pay attention to the road.
- Breach: The driver violated that obligation by using their phone or otherwise driving distracted.
- Causation: That distracted behavior directly caused the crash.
- Damages: The crash resulted in real harm, including injuries, medical bills, lost wages, and pain and suffering.
California law requires drivers to use hands-free technology when using a phone while driving. When a driver breaks that law and a crash results, it can be treated as automatic proof of negligence, so the injured person doesn’t have to work as hard to establish fault. Evidence like phone records, call timestamps, and expert analysis of device activity can show exactly what the driver was doing at the moment of impact.
When this kind of evidence is strong, it can significantly increase the value of a settlement or strengthen a case at trial. Because the details of how and when to gather that evidence matter enormously, anyone involved in a suspected distracted driving crash should have their case reviewed by an experienced attorney as early as possible.
Recovering Compensation for a Distracted Driving Collision
Hurt in a crash with a distracted driver in Riverside or elsewhere in Southern California? You have the right to seek compensation for the full scope of your damages, including for any non-economic losses. With that being said, personal injury claims can be challenging.
You should not rely on an insurance company to look out for your financial interests. Our Riverside, CA auto accident lawyer can help. Both economic and non-economic damages can be pursued through a claim. By doing so, you may be able to recover compensation for:
- Vehicle repairs
- Ambulance costs
- Emergency room treatment
- Hospital bills
- Other medical costs
- Rehabilitative care
- Loss of wages
- Diminished earning power
- Pain and suffering
- Mental anguish
- Long-term disability
- Wrongful death
Why Trust Our Riverside Car Accident Injury Lawyers
Distracted driving accident claims are complicated. If you were involved in a crash caused by a violation of California’s hands-free law, our firm is more than ready to help. We put victims and families first. At The JLF Firm, our Riverside distracted driving accident lawyers fight aggressively for justice when it matters most. Your initial consultation with our California car accident injury law firm is free, completely confidential, and carries no further obligations.
Schedule a Free Case Review With Our Riverside Distracted Driving Attorney Today
At The JLF Firm, our Riverside car accident attorney has extensive experience with distracted driving accident cases. Hurt in a crash and have questions about California’s hands-free law? We can help. Contact us today for a free, no obligation initial consultation. We handle distracted driving accident cases in Riverside and throughout the region, including the zip codes 92507, 92508, 92509, 92513, and 92517.
