Maison Law can explain your legal rights and what to do if you’ve been in a car accident in California. There’s many rules to follow when you’re behind the wheel of a car. And while there’s always new technology that makes things convenient as you drive, you might be wondering if you can wear headphones while you’re driving. Our team of experienced California car accident lawyers can explain various laws to you and what you need to do if you’re in an accident. Contact us today for a free consultation.
Can You Wear Headphones When You Drive in California?
Part of being a licensed driver involves what’s known as a “duty of care.” This simply means that you take every precaution necessary to drive in a safe way, not just for yourself but for others on the road.
While this typically revolves around things like not speeding, driving recklessly, or driving under the influence, a major development in recent years revolves around “distracted driving.”
Distracted driving, as you might expect, is a huge factor in car accidents, because it takes your attention off the road. To that end, California law expressly prohibits the following:
- Driving while talking on a phone or non-hands free device
- Texting while driving
- Driving while talking on a cell phone, if you’re under 18.
The law also addresses the use of headphones explicitly. According to California Vehicle Code 27400, drivers must not:
- Wear headphones that cover, rest, or are inserted into both ears
So, technically, you may be able to wear one headphone if you have bluetooth capable devices. The law also doesn’t apply to drivers of or in:
- Emergency vehicles
- Construction zones
- Trash collection
- Prosthetic devices that are hearing impaired
With these laws in place, it’s clear that wearing headphones under normal circumstances, while not technically illegal, certainly makes driving and avoiding accidents more difficult.
How Can Wearing Headphones Cause Car Accidents?
Although it doesn’t affect your vision or other faculties that you need to drive a car, wearing headphones can nonetheless impact your safety–and the safety of others. Here’s a look at how wearing headphones could potentially cause a car accident:
- Reducing your awareness – Headphones can block external sounds, including horns, sirens, and other important auditory cues. This can lead to a decreased awareness of your surroundings, making it more challenging to respond to potential dangers.
- Distracting you – Focusing on music or other audio content through headphones can distract you from the primary task of driving. It takes your attention away from the road, increasing the likelihood of missing critical information.
- Preventing you from hearing things – Wearing headphones might prevent you from hearing important communication, such as honks from other drivers or emergency vehicle sirens. This lack of communication can lead to misunderstandings on the road.
Comparative Negligence
Legally speaking, if you’re in a car accident and you’re wearing headphones, it’s going to factor into your potential options. As an accident victim, you aren’t barred from filing an injury claim even if you’re wearing headphones. However, there’s the concept of comparative negligence that you’ll need to deal with.
Comparative negligence is a legal concept that says:
- Any percentage of fault you share in the accident will proportionally reduce your potential recovery.
So, wearing headphones is going to signal to an insurance company or defense lawyer that you:
- Weren’t totally focused on the road at the time of the accident
- Weren’t taking your health and safety seriously
- Disregarded your duty of care to other drivers
Still, filing a claim as an injury victim is your right in California, even if you’re wearing headphones. However, because this situation is somewhat unique, you may want to think about working with our experienced team of lawyers.
How Can Our Lawyers Help You?
When you’re part of a car accident, knowing your legal rights is crucial for seeking financial support for your injuries and damages. In order to do this, you’ll have to enter the legal process, either by filing an insurance claim or a lawsuit. What makes it difficult is dealing with insurance companies and defense lawyers that will take any opportunity they can to devalue your claim and reduce their clients’ liability. It’s here that having our team on your side can be a huge help. Here’s how we approach car accidents:
- We carefully gather important evidence like medical records and accident reports to build a strong case for you.
- We talk to the other parties’ insurance companies to reach a fair agreement for the financial support you need.
- If that doesn’t work, we help you file a formal complaint against the responsible party and guide you through the legal process.
- We’re committed to representing you in court, making sure your rights are upheld and presenting strong evidence for your case.
- If a fair settlement isn’t possible, we’re ready to take your case to trial and let a judge and jury make a decision.
In California, the statute of limitations for car accidents puts a two-year window from the date of the accident to file your claim. Within this timeframe, you can potentially recover various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and punitive damages in specific circumstances.
Trust Our California Car Accident Lawyers
At Maison Law, we understand how difficult a car accident can be. Our dedicated California car accident lawyers are committed to providing you with unwavering support and representation. Your well-being is our top priority, and we are devoted to pursuing the justice and financial support you deserve. Contact us today for a free consultation and put your trust in our team.
