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In 2024, distracted driving remains a top reason for car accidents. In the U.S. alone, 700 people are hurt due to distracted driving, and 80% of accidents involve driver distraction.
California has over 28 million registered vehicles, which means the above statistics translate to countless preventable injuries and fatalities every year.
For this reason, California continues to implement and enforce strict laws and penalties to curb distracted driving. However, the legal consequences of distracted driving extend beyond tickets and fines.
What Does Distracted Driving Mean?
Distracted driving happens when a driver’s attention is diverted from operating their vehicle. There are three categories of distracted driving:
- Visual distractions: This means taking your eyes off the road for many reasons, including looking at your phone or GPS.
- Manual distractions: When you take your hands off the wheel to eat, drink, or adjust the radio, you are manually distracted from driving.
- Cognitive distractions: Even if your hands stay on the wheel and your eyes on the road, you can still be cognitively distracted, which usually refers to daydreaming or having upsetting conversations.
When you text and drive, you are guilty of all three types of distraction. You are taking your eyes and hands off the road, and your concentration is on your conversation, not on driving.
California’s Distracted Driving Laws
California introduced stricter traffic laws in Fall 2024, including harsher penalties for distracted driving.
California is one of several states that continually update traffic laws to curb road accidents. The newly updated penalties and consequences are as follows:
- Distracted driving is a growing problem in the state, so as of Fall 2024, the fines for texting or talking using a handheld device while driving start at $250. If you are a repeat offender, you will get a higher fine.
- Each violation means getting points on your license. If you keep driving while distracted and getting fines, your license will likely be suspended.
- Law enforcement agencies in California are also dedicated to enforcing these stricter regulations. This means you will see more visible policing and traffic cameras throughout the state.
Texting While Driving Is a Massive Problem
As mentioned above, texting while driving makes you guilty of all three types of distracted driving. According to credible national statistics, drivers who text while on the road are 23 times more likely to cause an accident.
Reading or sending a text, on average, takes five seconds. Traveling at 55 mph is the same as driving the length of a football field without looking at the road. This type of distraction is often compared to driving drunk because of how long it takes to react to a potential hazard.
What Happens If You Are Caught Texting and Driving?
The California Vehicle Code Section 23123 bans drivers from using phones to read or send messages and emails. If you are over 18, you can use a hands-free kit. Moreover, Section 23125 restricts school bus and transit drivers from using a mobile phone. Exceptions are made for emergencies or work-related issues.
If caught texting and driving, you will receive a fine and points against your driver’s license. If you are caught a second time, your fine will increase, and so will your points. The more points you accumulate, the more your license will likely be suspended.
Texting and driving violations can affect job stability and increase car insurance premiums.
Accident Liability
If you cause an accident while texting and driving, you will be deemed liable for the victim’s losses and injuries. The victim can sue you for a range of damages. These include medical bills, lost income, non-economic damages like mental distress, and property damage.
If the accident results in a victim’s death, their family can file a wrongful death lawsuit against you. Your insurer will likely have to pay a large settlement. The settlement will come from your pocket if you do not have insurance.
Criminal Charges
Under certain circumstances, you can have criminal charges leveled against you. This will happen if you are reckless on the road and show a disregard for the safety of others while you text and drive.
Also, in some cases, a fatality due to distracted driving means you can be charged with vehicular manslaughter. This could either mean a heavy penalty or imprisonment.
Proving Distracted Driving in Legal Cases
If you are the victim of a distracted driving accident, you must prove the driver was texting and driving. Your lawyer must obtain the driver’s cell phone records to check whether they were texting or calling during the accident.
Your lawyer will also use witness testimonies to build your case. Bystanders or passengers can all state the driver’s behavior while on the road.
If the driver’s car has a dashcam, the footage can also prove that the driver was distracted during the accident.
Furthermore, your lawyer will use the official accident report, as it may include documented signs of distraction noted by a police officer.
Remember that if you were to blame for the accident, the victim’s lawyer will use these methods to build a case against you.
Protecting Yourself From Legal Consequences
The easiest way to stay on the right side of the law is to always focus on the road. Turn your phone off while driving, or use a hands-free kit if you are over 18. It is best to leave your phone alone until you reach your destination.
To avoid violations, ensure you are informed about California’s distracted driving laws. Again, if you turn your phone off or leave it in ‘do not disturb’ mode while driving, you should have no problems.
If you are involved in an accident caused by a distracted driver, consult a lawyer immediately.
Distracted Driving is More Than a Traffic Violation
When you text, drive, and cause an accident, it does not only affect your life and future. You will potentially leave a family in grief and hardship because you took the life of their loved one. You must take responsibility for your actions on the road and prioritize safety over convenience and conversation.
This is the only way to help make California roads a safer place for everyone.
