It is documented that 25% of all auto accidents occur because of distracted driving. California distracted driving laws can be critical to your car accident injury claim because they may affect who is determined to be negligent . Taking the facts and circumstances of your case and applying them to the law will be an important step for your car accident lawyer in evaluating your chances of success.
California Distracted Driving and Cell Phones
Many people don’t realize that distracted driving isn’t just using a cell phone in the car or breaking a traffic law. Anything within the vehicle, including passengers, reaching for items/climate control/radio, in attention to the road, or health concerns, are all forms of distracted driving. However, most do know that cell phones are the primary culprit of distracted driving car accidents in California and throughout the country, especially because of texting. The main issue with a cell phone is that even the smallest peek can take the driver’s awareness off of the road. Below are four laws that affect cell phone usage while driving.
Drivers under Eighteen
Any driver under the age of 18 is not legally permitted to use a cell phone while driving. The law also prevents usage of any hands-free products like a headset or Bluetooth. Audio headsets are also banned. If a driver is caught violating this law, they will likely be pulled over and issued a ticket.
When You Can Use a Cellphone
The laws in California prohibit the use of cellphones and hands-free devices in most cases, however, there are a few exceptions. If you are on your own private property, you are able to use the phone. If there is an emergency, you may use it to contact the police or medical assistance. One exception is if the individual is an authorized emergency vehicle driver. Anyone that is over eighteen may use a Bluetooth device or dial the phone, but this is not looked upon favorably by law enforcement. If you witness an emergency, the best move would be to pull over and dial 911.
Other Distractions in the Car
As we mentioned earlier, cellphones aren’t the only distractions in a car. Even though it is something we do every day, changing the radio while driving is a distraction. As long as the driver takes their eyes off the road, it may be enough time to cause a car accident. Whether it’s looking at the radio, changing the climate, falling or moving items in the car, reaching to the backseat for a child, these can all create enough of a distraction to cause a car crash. Passengers are typically the most distracting to the driver. This is especially true when the driver is young or inexperienced with the road.
Penalties for Violations of the Law
Unless someone causes serious injury or death, the penalties are relatively minor. A first time offense usually has a fine of $75. A second offense is up to $190. Because a distracted driving ticket is a moving violation, this will remain on the person’s driving record. This will add points to your license, affect your insurance policy premium, and lead to harsher penalties for future offenses.
The above laws as well as unwritten “rules of the road” can apply to your car wreck claim. This may ultimately determine how much financial compensation you are able to seek for medical bills, lost wages, and pain and suffering.
We are here to help if you’ve been in a car accident and have questions about distracted driving. Please give us a call at (916) 619-5452. We also have a form on our website or can be reached by email at info@hanecaklaw.com.
