There are 22 million licensed drivers in California. This is part of the reason that the laws passed in California are often duplicated in other states. Our state is known to be more progressively legally than others, with one example being the recent distracted driving laws passed. The purpose has been to restrict how cell phones are used while driving because they have been linked to an increase in car accidents.
Generally speaking, the punishment for getting caught texting while driving is a citation and a fine. But what if a person is talking on the phone or texting illegally when they are involved in a car accident? What if someone dies in that accident? Is the person texting responsible for their death? Could the surviving family win a wrongful death case against them? The answers to these questions are more complicated than you may think.
Current California laws related to cell phones and driving
As of 2018, there are four rules on the books regarding using cell phones while driving in the state of California. Two of the laws ban using a handheld cell phone while driving. Another law applies to drivers 18 years or younger and makes it illegal for them to use any device, even a hands-free device, while driving. This does including things like wired headsets and Bluetooth and devices that connect the phone right to the car’s speaker system.
The final law involves texting while driving and makes it illegal to do so for drivers of any age. However, all of these laws have certain exceptions.
Exceptions to California distracted driving laws
There are a few exceptions to the laws regarding distracted driving in California. For example, you can use a cell phone to text or call when you are on private property. This includes a private road, your driveway, or your own acreage. You can use any type of cell phone to contact the police, fire, or other emergency personnel.
If you are the authorized driver of an emergency vehicle then you can use your cell phone. A driver who is at least 18 years old can use a handheld cell phone briefly to dial a call though they are then required to switch to a headset for the call itself.
Breaking a distracted driving law could make a person negligent in a car accident
If a person is texting on their phone and is involved in a car accident, then it is likely that this information would be relevant to their case. In the event they were already at fault, then this could seal the deal. On the other hand, if they were not entirely at fault then this could increase their at-fault percentage. For example, if a person is stopped at a stop sign, texting on their phone, and is rear-ended, then it may be that a court will find the victim partially at-fault for being on their phone.
