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.

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. 




If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.