Distracted Driving in California: Laws, Penalties, and Liability

The Growing Epidemic of Distracted Driving in California

Distracted driving has become one of the leading causes of car accidents in California. According to the California Office of Traffic Safety, distracted driving contributes to thousands of collisions each year across the state. When a driver takes their eyes off the road to check a text message, adjust their GPS, or scroll through social media, they put every other person on the road at risk.

California’s Hands-Free Cell Phone Laws

California has some of the strictest distracted driving laws in the nation. Under Vehicle Code Section 23123, it is illegal for drivers to hold and operate a handheld wireless telephone while driving. Vehicle Code Section 23123.5 prohibits writing, sending, or reading text messages while driving. Violations carry a base fine of $20 for a first offense and $50 for subsequent offenses, though court fees and assessments can push the total cost well over $150.

For drivers under 18, Vehicle Code Section 23124 bans ALL cell phone use while driving — even hands-free — reflecting California’s recognition that younger drivers face heightened risks from any phone-related distraction.

Beyond Cell Phones: Other Forms of Distracted Driving

While cell phones get the most attention, distracted driving encompasses any activity that diverts a driver’s attention from the road. Common examples include eating and drinking while driving, adjusting the radio or climate controls, talking to passengers, grooming or applying makeup, reading maps or printed directions, and reaching for objects in the vehicle. All of these behaviors can constitute negligence if they cause an accident.

Proving the Other Driver Was Distracted

Establishing that the at-fault driver was distracted can significantly strengthen your personal injury claim. Evidence may include cell phone records showing calls or texts at the time of the crash, witness testimony that the driver appeared to be looking down or not paying attention, the police report noting distracted driving as a contributing factor, surveillance or dashcam footage, and data from the vehicle’s event data recorder (black box).

Liability and Compensation

A driver who causes an accident because they were distracted is negligent under California law. As the victim, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. In cases of particularly egregious distraction — such as watching videos on a phone while driving at highway speeds — you may even be entitled to punitive damages under Civil Code Section 3294.

Injured by a Distracted Driver? Contact Us Today

If you were injured by a distracted driver in California, the experienced personal injury attorneys at Smilove & Rosenblum can help. Call (800) 300-3226 for a free consultation.

Related Resources

• Practice Area: Car Accident Attorney Services
• Practice Area: Wrongful Death from Distracted Driving
• Drunk Driving Accidents in California
• Police Reports in California Car Accident Claims