What Is California’s Cell Phone & Driving Law?

What You Need to Know About Using a Cell Phone While Driving in CA

If you drive in California, you need to know the laws regarding cell phone use. Violating the state’s cell phone laws could not only result in a hefty ticket, but it could also result in a serious accident. Distracted driving is a leading cause of car wrecks in the state. Individuals injured in a car accident due to another person’s negligence may be entitled to compensation.

At Levin & Nalbandyan, LLP, we provide experienced representation for individuals who have been injured in car accidents caused by someone else’s wrongdoing. Our lawyers will work hard to ensure you receive the money you deserve after a collision. We have recovered millions on behalf of our clients and will not rest until you get the best possible outcome in your case.

Were you injured by a distracted driver in Southern California? Contact our office at (213) 232-4848 to discuss your case directly with an attorney. 

California’s Cell Phone Laws

According to California Vehicle Code Section 23123, it is unlawful for a person to use a wireless phone (cell phone) while driving unless it is being utilized in its hands-free listening and talking mode. The only exception to this is if it is an emergency situation. 

California Vehicle Code Section 23123.5 prohibits a person from driving while operating a wireless device, including a telephone or electronic device) unless it is specifically designed and configured for “voice-operated and hands-free operation.” Furthermore, it must be used in this manner. 

These two vehicle code sections make it illegal for a person to use their cell phone to text or talk while driving unless it is in hands-free or voice-operated mode. If a person uses their phone while driving in violation of one of these code sections and causes an accident, they may be held liable for resulting damages.

Exceptions to the Law

With ever-advancing technology and smartphones, people behind the wheel are constantly communicating and connecting, and it is a significant public health concern. California’s Handheld Devices and No-Touch Rule strictly regulates cell phones, such as smartphones, or other electronic devices. In most cases, like most states nationwide, there are some exceptions for those on private property, such as driveways and parking lots, and the following: 

Emergency Calls, Emergency Personnel, and School or Transit Bus Operators  

The statute allows for exceptions for emergency calls while driving, such as calling law enforcement, fire departments, or any other medical and emergency services. Emergency service professionals, such as police, firefighters, and first responders, may use a wireless device while operating vehicles for calls in the course of their duties. School buses or transit vehicles can use cell phones for work-related or emergency calls. 

Factory-Integrated Systems, Mounted Devices, and Push-to-Talk for Commercial Drivers 

The statutes allow phone calls for motorists over 18 with factory-integrated systems, such as built-in infotainment screens, and mounted devices that require minimal interaction. You may hold the device briefly, such as for a single swipe or tap, to activate or deactivate features when mounting the cell phone on the windshield or dashboard. Commercial drivers, such as tractor-trailer drivers, may use push-to-talk radios while operating their vehicles to communicate. However, cell phone use is strictly prohibited.  

Hazards of Using Hand-Held Wireless Devices While Driving 

Cell phone use while driving is hazardous and among the leading causes of fatal accidents worldwide. State traffic safety laws aim to reduce the risks posed by smartphones and other communication devices that demand visual, manual, and cognitive attention and divert your attention from the road. Even a few seconds’ glance away can have catastrophic consequences. While state statutes allow some exceptions to cell phone and driving laws, everyone must prioritize safety at all times. Motorist distractions, particularly those involving smartphones, are a leading cause of severe and deadly crashes. Not only do all types of distractions, particularly smartphone use, place the driver at high risk, but they also put every other motorist around them on the roads and highways at unnecessary risk of entirely avoidable collisions. 

Rules for Drivers Under 18

California’s cell phone and driving laws prohibit any driver under 18 from holding, touching, or using any cell phone or communication device that requires them to have or press keys. There is a total ban, meaning it is unlawful for anyone under 18 to use a cellphone or any handheld communication device while operating a vehicle, for any reason. The legislation strictly prohibits anyone under 18 from talking, texting, using apps, or communicating by using a wireless device. 

Many Factors Increase the Risks for Young Drivers 

Using a wireless device while driving increases the risks of crashing for everyone, but that is particularly true for young and inexperienced motorists. The disparity stems from a mix of developmental and behavioral factors and a lack of experience, which amplify the impact of the distraction. 

Another component is the immature brain development and impulsivity of teenage drivers, with little driving experience. The area of the brain for impulse control, decision-making, and risk assessment, called the prefrontal cortex, is not fully mature and does not fully develop until the mid-20s. Those elements can also increase the risks of distractions and driving in general.

What to Do If You Are Injured by a Distracted Driver

If you are injured by a distracted driver, you need to speak with an attorney. An attorney can help you understand your rights and determine if you have a valid claim for damages. Any time you are involved in an accident, you should contact local law enforcement. It is required by law that you report the crash if someone was injured, killed, or there is property damage that exceeds $1000. 

The officer who reports to the scene of the accident will conduct an investigation into who or what caused the accident. If they believe that a party violated a traffic law, they may issue a citation or put it in the report. 

In some cases, it may not be readily apparent what caused the accident. If there is a question about liability, you need to consult with an attorney as early in the process as possible. A lawyer can help determine whether the other driver was using their cell phone in violation of the California Vehicle Code. 

Injured by a Distracted Driver? Contact Our Office for a Free Consultation.

If you were injured by a distracted driver, you might be able to file a claim for damages.  Contact our office at (213) 232-4848 to schedule a free, no-obligation consultation. There are no fees unless we win. Call now to get started.