California Vehicle Code prohibits drivers from operating a cellphone by hand while driving. That includes texting, emailing, and other activities.
Drivers can use certain cellphone functions if the phone is mounted and has voice-operated and hands-free options.
(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.
No Texting Law in California
CVC 23123 explains the duty of all drivers to refrain from holding a cellphone while traveling. CVC 23123.5 goes further to clearly prohibit other functions on phones. Drivers should not be texting unless it can be accomplished by a single swipe or tap or through a voice command.
Hitting an app (e.g., a navigation app) once to open it would usually be allowed.
However, these and other actions that take more than one tap or swipe would be in violation:
- Typing a text (unless done with voice command)
- Typing an email (unless done with voice command)
- Typing in a street address into navigation (this might result in an infraction, even if it’s done through navigation software built into the car) Searching for phone numbers (unless done with voice command)
- Swiping multiple times to find music
- Searching for a video and watching it (CVC § 27602 prohibits drivers watching videos and having video players in their eyeline)
Fines for Texting While Driving
A basic ticket for texting while driving would be considered an infraction, not a misdemeanor or felony.
Drivers would pay $20 (plus court fees) for a first offense and $50 (plus court fees) for each following offense. Court fees can push fines up around $200 or more in some instances.
Texting drivers who cause accidents can face tougher penalties, including criminal charges. When someone is hurt in the accident, or killed, felony charges are possible. Reckless driving charges can apply in some cases.
Proving a Driver Was Texting Before a Collision
Many drivers use their cellphones illegally while behind the wheel, but not every violator is caught.
It’s not always apparent to a police officer responding to the scene that a driver was distracted by a cell phone. They may only have your word for it. They can also simply get it wrong on an accident report since they weren’t there to witness what happened.
You don’t want that fault in question when the distracted driver’s car insurance company gets involved. They may feel it’s a great excuse to withhold the compensation you need to fully get your life back on track.
If you take action to collect evidence on the scene and communicate clearly, it may help you hold a reckless driver responsible. Call 911, and if you are hurt, request an ambulance.
Then, when the scene is secure and if you feel strong enough, try to complete these steps:
- Give the investigating officer a full account of what you saw the driver doing before the crash.
- Take photos of the damage to cars, the debris and markings left on the pavement, and of any visible injuries.
- Get witness contact information to turn over to your attorney. See if anyone has dashcam video.
If you are being blamed for an accident that a texting driver caused, it’s a good idea to speak to an experienced lawyer. A California car accident lawyer would fully investigate the accident and combine the evidence with yours.
Your attorney can check for surveillance video taken by nearby cameras on homes or businesses. Maison Law can work with accident reconstruction teams to help prove the driver was out of control at the time of the impact.
When Should I Contact a Lawyer After an Accident?
If you are left with a serious injury and a distracted driver is to blame, it’s a good idea to speak with a lawyer as soon as possible. With a serious injury like a neck or back injury, bone fractures, or brain trauma, your medical bills will be higher, and insurers may resist even harder to avoid taking responsibility. A lawyer fights to make sure the blame stays on the right driver, and that you receive the maximum compensation possible.
To find out what your case may be worth, contact Maison Law for a free case consultation.
There’s no obligation for your meeting. But if you do need our help, you don’t have to worry about how you’ll pay a lawyer. We aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.