Consequences of Distracted Driving in California

In 2024, it is way too easy to be distracted when driving. At any given point in time, you probably have a smartphone with you – and perhaps even a smartwatch on your wrist. You may also have a large screen on your dashboard for navigation, music, and more.

In California, it is against the law to use any device while driving – with very few exceptions. If you violated California’s distracted driving laws, you could be cited for a traffic violation. It will also make it far easier for an accident victim to win a personal injury lawsuit against you and recover full compensation for their losses.

At the Appel Law Firm, we are committed to helping injury victims get the money that they deserve for their injuries. We represent people in all types of personal injury claims, including slip and fall cases, motorcycle accidents, truck accidents, and auto accidents. Contact our law offices today to schedule a free initial consultation with a Walnut Creek car accident lawyer.

What Is Distracted Driving?

Most people have a general idea of what distracted driving is. Most of us associate it with a specific type of distraction – using your smartphone while driving. While texting while driving is incredibly common, it is far from the only type of distracted driving.

According to the Centers for Disease Control and Prevention (CDC), there are three main types of distracted driving:

1. Visual distractions involve anything that takes your eyes off the road. It can include using your phone, inputting directions into the GPS, or changing the music.
2. Manual distractions include taking your hands off of the wheel. This could happen when reaching around to the backseat to grab something, eating, or opening up your glovebox to get something.
3. Cognitive distractions involve taking your mind off of driving. If you let your mind wander or get into a discussion with your passengers or someone on the phone, it could be a cognitive distraction.

Of course, many distracted driving behaviors involve more than one type of distraction. If you’re on your phone while driving, you are probably taking your eyes off of the road, your hands off of the wheel, and your mind off of driving.

Distracted driving is a huge problem in the United States. In 2019 alone, more than 3,100 people were killed and 424,000 people were injured in distracted driving crashes. In California, 140 people were killed by distracted drivers in 2021.

Distracted driving doesn’t just affect other drivers. Per the CDC, 1 in 5 people killed by distracted drivers weren’t in a motor vehicle at all. Pedestrians and bicyclists are particularly vulnerable to distracted driving.

Is Distracted Driving Illegal in California?

In California, it is against the law to use your phone while driving. California’s Vehicle Code specifically prohibits talking on a cell phone or texting while driving. You can only use a device to talk while driving if it is specifically set up to allow hands-free use (such as Bluetooth calls that are connected to your vehicle’s sound system).

If you talk or text while driving in California, you will receive a traffic citation.  The consequence of each citation is a fine of $20 – or $50 for each subsequent offense. This is the base amount of the fine, which increases significantly when fees and assessments are added to the ticket.  Distracted driving is not a crime in California.

Cell phone tickets do not result in points on your driving record in California, which means that it won’t affect your insurance rates.  However, if you don’t appear in court or pay your ticket, you could be charged with failure to appear. This offense is a misdemeanor crime punishable by up to 6 months in county jail and/or a fine of up to $1,000.

Beyond a traffic citation and fine, if you cause an accident while texting and driving, you could be held liable for any injuries that you cause. The accident victim will likely pursue a personal injury claim to seek financial compensation for their losses.

In California, an injured party typically has to prove that the at-fault party was negligent – or that they failed to use reasonable care to avoid harming others. If they can prove that you were negligent, then they can recover money for their property damage, lost wages, medical bills, emotional distress, and other losses.

In distracted driving cases, the concept of negligence per se comes into play. This legal theory holds that if a person causes harm while violating a law, negligence is presumed. Specifically, the accident victim will need to show the following:

1. The at-fault driver (defendant) violated a law or regulation;
2. This violation caused the accident victim (plaintiff) to sustain an injury or property damage; and
3. The law that the defendant violated was meant to protect people like the plaintiff.

If the plaintiff can show these 3 elements, they don’t have to prove that the defendant was negligent. 

If you cause a distracted driving accident, negligence per se will make it much harder to deny liability for the crash. If you violated California’s distracted driving law and caused an accident, then negligence will be presumed because this law was designed to protect others on the road.

Of course, the best way to avoid these consequences is to never drive while distracted. While this can be challenging given all of the temptations of phones and other devices, focusing solely on the road while driving is a smart choice. To help, you may do things like:

• Setting up the “do not disturb” feature on your phone while driving;
• Connecting your phone to your vehicle’s Bluetooth system;
• Preparing before you drive by setting up the GPS, music, and climate control; and
• Pulling over if necessary to answer a call or deal with an issue like a crying child in the back seat.

What Can You Do If You Were Hurt in a Distracted Driving Accident?

If you were the victim of a distracted driving accident, the most important thing that you can do is get to safety. Get to the side of the road or onto the sidewalk and call for help if necessary.  If law enforcement arrives, they can not only investigate the case and write an accident report, but they can cite the other driver for distracted driving.

Next, seek medical attention. Being seen by a doctor is incredibly important in car accident cases. You will not only get a diagnosis and a treatment plan, but this initial visit will establish a direct link between the crash and your injuries.

While still at the scene, you can also gather some evidence. If you can do so, take photos and videos of the accident scene. You should also get the contact information for the at-fault driver and any witnesses.

When talking to others about the crash, stick to the basic facts. Do not tell anyone that you are sorry or offer your opinion about what happened. Keep in mind that anything that you say could be used to undermine your personal injury case.

If you are approached by an insurance adjuster, do not talk to them, give a statement, or sign any paperwork. Even if they tell you that they accept liability or offer you a settlement, you should be wary. The adjuster’s job is to resolve the case for as little money as possible – not to get you top dollar for your losses.

Instead, you should reach out to schedule a free initial consultation with a Walnut Creek car accident attorney. During this call, you’ll have a chance to tell your story and explain what happened. Your lawyer will then advise you of your legal rights and options for pursuing a claim. They may also give you a ballpark estimate of the value of your case.

If you decide to hire a personal injury law firm, then they will get to work to build the strongest possible case for damages. Your attorney won’t simply accept a lowball settlement offer. They will fight to help you get maximum compensation for your distracted driving accident.

Hurt in a Distracted Driving Crash? We Can Help.

Distracted driving is one of the biggest risks of being on the road in California as a driver, pedestrian, motorcyclist, or bicyclist. While distracted driving is against the law, too many people use their phones while driving. If you have been hurt in a distracted driving accident, we can help you get the money that you deserve for your injuries.

Based in Walnut Creek, the Appel Law Firm aggressively advocates for the rights of accident victims throughout Northern California. We handle all personal cases on a contingency fee basis so that you never pay a fee unless we recover money for you. To learn more or to talk to a Walnut Creek car accident lawyer, give us a call at 925-938-2000 or fill out our online contact form.