Laws Related to Distracted Driving in California

There are many forms of distracted driving, and a few different laws that make it illegal to drive while distracted in California. However, as mentioned previously, with the rise of cell phone usage in the United States, the majority of distracted driving cases revolve around the use of electronic devices while driving. There are two main laws that make it illegal to use such electronic devices whilst operating a motorized vehicle: Vehicle Code 23123 and Vehicle Code 23123.5.

Vehicle Code 23123

California Vehicle Code 23123 makes it illegal for a person to drive a motorized vehicle while at the same time using a wireless telephone or other form of electronic device to engage in a verbal conversation. An exception to this rule is if the device has been specially configured and designed to allow the driver to speak on the device in a hands-free manner that doesn’t distract from driving, say with the use of a Bluetooth device. Note that VC 23123 does not only cover cellphones, although most violations of VC 23123 involve cellphones. A driver using any electronic device to engage in a verbal conversation with another person while driving can be found guilty of violating VC 23123.

The base penalty for violating VC 23123 is a $20 fine for the first offence, and a $50 fine for every subsequent violation. This offense is not a crime, but rather an infraction, so the distracted driver won’t face criminal repercussions for their actions. However, a violation of VC 23123 can act as evidence of negligence, which can be used against a distracted driver in a lawsuit for a personal injury. While negligence can oftentimes be something that is difficult to prove concretely, a person who is found guilty of violating VC 23123 is automatically categorized as a negligent driver. This means that if someone is cited for violating VC 23123 at the time of an accident, the victim of the crash will most likely be successful in filing a lawsuit for a personal injury against them, as a violation of VC 23123 makes that person negligent and likely responsible in the eyes of the court.

Note, there are other specific exceptions to this rule. If a person is using an electronic device in an emergency purpose, such as for an urgent call to the police or to the fire department, than this dose not violate the law. A person is also allowed to use an electronic device while operating a motorized vehicle if they do so on private property.

Vehicle Code 23123.5

California Vehicle Code 23123.5 makes it illegal for a person to operate a motorized vehicle while at the same time operating an electronic wireless communications device, unless that device as been configured for voice-operated, hands-free usage. This section of the law does not apply to systems that were embedded in the motorized vehicle by the manufacturer. While this law may appear on its face similar to VC 23123, it is important to understand that VC 23123 only applies to participating in a conversation on an electronic device, whereas VC 23123.5 applies to other forms of communication using electronic devices. The most common violation of VC 23123 in California is unsurprisingly texting while driving.

Handheld wireless communication devices can be used while operating a motorized vehicle under certain conditions. If the electronic device is mounted on the windshield or on the dashboard in a way that does not prevent the driver from seeing the road, and the driver is able to engage with the device with the motion of a single swipe or a single tap, then the usage of the electronic device while driving is indeed legal. Handheld wireless communication devices not only cover cell phones, they also cover mobile radio devices, laptops, electronic music players, pagers, or any device that allows two-way messaging.

As with VC 23123, the penalty VC 23123.5 for the first violation is $20, and $50 for each subsequent violation of the law. Also, as with VC 23123, a violation of VC 23123.5 can be used as evidence of negligence in court during a lawsuit for a personal injury proceeding. Violation of VC 23123.5 also qualifies as negligence and makes the driver automatically negligent and most likely liable for damages in a lawsuit for a personal injury.

Note: There are a few other laws governing distracted driving that deserve a quick mention. VC 23124 makes it a violation for people under the age of 18 to operate electronic communication devices, even in a hands-free mode. VC 23125 makes it illegal for people operating school buses or other forms of transit vehicle to use an electronic device while driving, also even if using the device in a hands-free manner.

We have touched on this subject a bit in the paragraph above, but in this section, we will explain the concept of fault in a more complete manner. To compel the California court system to force a distracted driver to pay restitution to the victim of their reckless behavior, it must be proven that the driver was behaving in a highly negligent manner. Negligence is when the operator of a motorized vehicle is careless in their use of the motorized vehicle and is not paying full attention to the road and the surrounding cars, say because they are distracted due to the use of an electronic device. Negligent driving is usually exhibited by a particular act, such as speeding, running through a stop sign or a red traffic light, or not yielding the right of way.

Through the negligence legal framework dictated in California’s vehicle code, when the operator of a motorized vehicle causes an accident due to negligence associated with distracted driving, that driver will be required to pay the accident victim to cover their costs. This means that personal injury lawsuit cases often revolve around proving that the accused party caused the accident as the result of negligence. Generally, negligence is proven through a violation of “duty of care.” The duty of care requires that the driver keep their eyes on the road when driving and maintains their focus on driving, and duty of care is violated if a driver is distracted due to the use of an electronic device.

Proving negligence can be a tricky task, especially when it comes to distracted driving. People accused of distracted driving often lie about their usage of an electronic device, and it can be difficult to provide evidence that proves these statements false. However, as touched upon briefly above, this task becomes much easier if the distracted driver was cited for a violation of VC 23123, or another vehicle code associated with distracted driving. A violation of one of these vehicle codes makes a driver “negligent per se,” meaning that the courts will without further investigation see a driver as negligent if they violated one of these vehicle codes at the time of the crash. If the driver is found negligent per se, then it is highly likely that the victim will gain restitution for costs incurred due to the accident.

If you bring a lawsuit for a personal injury against someone who caused you to get into an accident due to their distracted driving, you are asking that the court order this person to cover the costs associated with this accident. In all cases, these costs include monetary costs associated with the accident, which include medical costs for any injuries sustained, costs associated with repairing the vehicle, and compensation for lost income. In some cases, the distracted driver must also pay for non-monetary costs associated with the accident, such as psychological trauma. Car accidents are highly traumatic events that can be highly taxing on one’s mental state, and as a direct result, a distracted driver may be forced to pay for therapy sessions as the result of a lawsuit for a personal injury.

The issue of gaining restitution for an accident caused by a distracted driver who was uninsured is a more difficult task. California law requires car insurance agencies to offer insurance coverage for accidents caused by uninsured drivers, but many Californians don’t have insurance that covers accidents caused by uninsured drivers, as it is usually only included in the more expensive car insurance packages.

However, even if your car insurance doesn’t cover damage caused by uninsured motorists, there is still a chance that it may be possible to gain recompense. A lawsuit for a personal injury can assist you in forcing the uninsured distracted driver responsible for the accident to pay for the damage to your car as the insurance agency normally would for an insured driver. Additionally, as mentioned above, a lawsuit for a personal injury can compel the distracted driver to pay for much more than just damage to your car, including medical costs. Also, if the uninsured driver claims they were operating another person’s car and don’t have the assets to cover any costs associated with the accident, it may be possible to hold their family members liable for the car accident. If a family member allowed an uninsured incompetent driver to use his/her motorized vehicle, then they may have violated California’s negligent entrustment of motorized vehicle laws, and thus be responsible for any damages inflicted by the distracted driver.

An attorney can work on your behalf after you endured a motorized vehicle crash caused by a distracted driver. A lawyer with expertise in this area can take the burden off your shoulders by dealing with the California courts, the distracted driver and their attorney, in addition to any car insurance companies involved in this case. Hiring the right attorney is a crucial decision, as this lawyer will be helping you right from the start to the finish of the whole process, explained in the following paragraphs.

Examination of the Car Crash

If the car accident was serious enough that it warranted a response from police officers, then these law enforcement agents will have likely investigated the accident. Their report will typically include verbal statements from all the drivers involved in the accident, rough specifics of the circumstances around the accident, and any statements from third parties who witnessed the accident. If the police didn’t respond to the accident, then the car insurance agencies may elect to complete an investigation of their own. However, the reports that surface from these investigations are often unreliable or incomplete. They may contain errors in describing the details of the crash or false/misinterpreted statements. Consequently, an attorney will often complete a separate investigation, which can often bring important evidence to light. Oftentimes, this more systematic investigation can bring forward pieces of evidence that completely change the lawsuit, and are crucial in forcing the distracted driver to pay for the costs of the crash.

Encouraging you to Pursue Treatment

Many people who suffer injuries as the result of crashes caused by negligent drivers avoid seeking medical attention, due to financial concerns. An attorney can help dissipate these financial concerns by helping the victim of the crash feel confident that he/she will, in the end, receive compensation for these medical bills. This’s a major benefit, as injuries sustained from car accidents can grow worse over time if left untreated, and end up costing even more money in the end.

Demand Letter

After conducting an inquiry into the nature of the car crash, your lawyer can help draft a demand letter. This letter includes the names of the people involved in the accident, the amount of harm involved, and most importantly, a formal demand for recompense. A demand letter is a legal document that must be correctly formatted with the correct legal language, so it is certainly helpful to have this letter written by an attorney. A demand letter serves as the beginning of a negotiation with the insurance adjuster if the distracted driver has insurance.

Dealing with Insurance Companies

Talking with car insurance companies is one of your attorney’s most important jobs, as dealing with these companies can be stressful and difficult. Insurance companies employ adjusters and lawyers who will try and trip you into saying something that hurts your case. A personal injury lawyer will know precisely how to speak with these insurance companies and definitely won’t say something that will cause you to lose money. Also, your lawyer can assist you in deciding if you really should say yes to an offer from an insurance agency, or otherwise bring the issue to a trial through a lawsuit.

Personal Injury Lawsuit

Lastly, if the insurance agency refuses to cover the costs of the crash, then your lawyer can assist you in filing a lawsuit for a personal injury through the civil court system. This lawsuit can compel the distracted driver who caused the accident to cover the costs you incurred as a direct result of the crash, either through a court ruling or as the result of a settlement.

If recently you were the victim of a motorized vehicle accident that was directly caused by a distracted driver, you should consider hiring an attorney who can assist you in recuperating financial losses associated with the accident. Call Los Angeles Personal Injury Attorney today at 424-231-2013 to converse with an attorney about your case.