What Are California’s Texting and Driving Laws?

California Distracted Driving Law: What You Need to Know

Driving while distracted is one of the most dangerous things you can do on the road. In fact, distracted drivers are 23 times more likely to be in a collision if they text while driving. Considered any activity that diverts attention away from driving, distracted driving has been the cause of many car accidents in California. It is often considered a form of reckless driving and carries serious consequences.

If you’ve been the victim of a distracted driver, you may be eligible for compensation. Speak to an Irvine personal injury lawyer as soon as possible to determine whether you have a case. 

 

California Vehicle Code 23123: Texting and Driving Law

California Vehicle Code, Section 23123(a) states, “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.”

In other words, the law prohibits using a cell phone or similar electronic wireless communications device while holding it in your hand, whether to make a call or send a text message. You can only use it in a hands-free mode, such as a speakerphone or voice command. 

The law is stricter for drivers under 18. Anyone under 18 is prohibited from using cell phones or other devices, whether they are a handheld wireless telephone or hands-free device. 

According to the California Highway Patrol (CHP), the first offense for distracted driving is a traffic ticket of a minimum of $162. Fines increase with each subsequent offense. 

The only exception to California’s texting and driving law is making an emergency call to a law enforcement agency, a medical provider, the fire department, or another emergency services agency. Additionally, those operating an authorized emergency vehicle or operating a vehicle on private property are exempt from California law.

 

Other Types of Distractions 

Using a cell phone while driving are not the only distractions to worry about. The following are also considered dangerous actions that all drivers should avoid, according to the California Office of Traffic Safety:

  • Eating or drinking
  • Personal grooming
  • Reading
  • Reaching for an object
  • Talking with passengers
  • Looking out the window 
  • Adjusting the radio 
  • Using a navigation system 

 

Consequences of Distracted Driving

Distracted driving laws in California

Distractions are everywhere, but your only focus while driving should be the road ahead of you. There are serious and dangerous consequences of distracted driving. 

Tickets 

A distracted driving ticket costs a minimum of $162 in California. However, this amount can vary from city to city. Second-time offenders will face more significant fines. Ignoring a mobile phone ticket can result in additional consequences, including failure to appear. 

Higher Insurance Premiums

Insurance companies may raise insurance premiums for California drivers convicted of cell phone violations, viewing cell phone use while driving as an increased risk of car accidents. 

Collisions

The rise of cell phone use has contributed to the increase in distracted driving, causing nearly 290,000 injuries and 3,308 fatalities in 2022, according to the NHTSA

Collisions involving a distracted teen driver are a considerable concern. Teens are less experienced and more likely to engage in risky behaviors, like texting while driving, which puts them much more at risk of a collision. 

 

July Is Cell Phone Courtesy Month 

Almost everyone in California has a smartphone; many of us would probably feel lost without it. However, as helpful as smartphones can be, they can also impede and even be dangerous in certain cases (e.g., driving). National Cell Phone Courtesy Month reminds people to be mindful of their cell phone use and prioritize common courtesy. 

Apart from not using a smartphone while driving, which is always a terrible idea, keep in mind these other cell phone etiquette tips:

  • Use speakerphone in private places: No one needs to hear your conversation. If you are talking in public, avoid using speakerphone unless you absolutely have to, 
  • Turn off your phone during a movie: To show respect, turn off your phone or put it in Do Not Disturb Mode in a movie theater, a performance hall, or a place of worship.
  • Keep your voice down: If you must take a call in public, speak quietly to avoid disturbing others.
  • Step away from others: When taking a call, move to a less crowded area to avoid interrupting others.
  • Be mindful of your surroundings: Don’t use your phone while walking in crowded places to avoid accidents.
  • Avoid phone use during meals: When dining with others, put your phone away to engage in meaningful conversations without distractions.
  • Respect personal space: When using your phone, keep a comfortable distance from others to respect their personal space and privacy.

By following these simple tips, we can all contribute to a more considerate and respectful environment. Let’s use National Cell Phone Courtesy Month as an opportunity to be more mindful of our smartphone habits and their impact on those around us.

 

Do You Need a Distracted Driving Accident Lawyer? 

Cell phones reckless driving accident

Unfortunately, given the popularity of smartphones and even “smart” cars, distracted driving is becoming increasingly common. This means an accident with a distracted driver is a real concern, especially in busy areas of Irvine. If you were injured as a driver, a bicyclist, or a pedestrian because of a distracted driver, you may be entitled to financial compensation.

Speaking with our Irvine personal injury lawyer can help you understand how to proceed with a personal injury claim against the negligent driver. Woodbridge Accident Lawyers has the resources and experience to negotiate with the insurance company to ensure you receive maximum compensation.

To schedule a free consultation with our team, call us at (949) 850-6767

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