California Laws Regarding Cellphone Use & Driving

California law makes it strictly illegal to compose, send, or read a text message or email while driving. It is also illegal to use handheld phones while operating a vehicle. Hands-free devices are legal, as long as the driver is at least 18 years old. The only exception is in situations which require calling emergency responders or law enforcement.

Why Texting & Driving is So Dangerous

Every driver’s instincts tells them that it is extremely risky to text or talk on the phone while driving, yet this does not stop countless numbers of people from doing so each and every day. Perhaps people are comfortable with texting and driving because they do not know the science and reasons why it is such a problematic and hazardous act? The Centers for Disease Control and Prevention (CDC) has conducted thorough research into smartphone use while driving, as well as other forms of distracted driving.

According to the CDC, there are three types of driver distractions:

• Manual: Something that takes the hands of the driver off the wheel, clutch, or gearshift.
• Visual: Something that takes the eyes of the driver away from the road and mirrors.
• Mental: Something that takes the mind of the driver away from the task of safely driving.

Smartphone use behind the wheel is so likely to cause an accident because it engages the driver in all three forms of distraction at once. Picking up the cellphone and texting are manual distractions, reading a message received or to send is a visual distraction, and thinking about what the message says is a mental distraction. Furthermore, a mental distraction is believed to persist for 30 seconds after the distracting object or behavior is removed or ceased. For example, the mental distraction of reading a text message will still exist for 30 seconds after the driver puts the cellphone away.

National Safety Council Research & Driver Liability

The National Safety Council (NSC) also has an interest in stopping cellphone car accidents. Through its own research, it has found that checking a text while driving at freeway speeds will cause the motorist to “drive blind” for 300 feet, or the length of one football field, on average. The NSC also concluded that hands-free devices, such as Bluetooth headsets and speaker systems built into car dashboards, do not actually reduce the chances of getting into a crash at all.

With all of this information backed by the CDC, NSC, and more, there really is no reason why liability for a cellphone car accident should not be placed entirely on the shoulders of the person who willingly distracted themselves with their smartphone. However, there is no personal injury law in California or any state that says this must be so. People hurt by distracted drivers still need to fight for their rights and compensation through a claim or lawsuit.

Contact Our Los Angeles Personal Injury Lawyer Today

If you have been injured due to the gross negligence driver who was on the phone at the time of your traffic collision, we at the Law Offices of Jennie Levin, P.C. want to advocate on your behalf. Our legal team, led by strongminded, experienced, and skilled Los Angeles car accident Attorney Jennie Levin, prioritize client comfort and recovery above all else. We are compassionate when working with clients yet aggressive when facing the opposition in and out of the court. It is this duality that helps us maximize your chances of receiving total compensation for your medical bills, loss of work and wages, and pain and suffering.