Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being played, and other information.

Consider then what you might bring into your vehicle. Some drivers apply makeup and brush hair while driving. Others eat sandwiches or breakfast biscuits and drink coffee on California's roads. You might even glance at your meeting notes or reports as you journey to the office. With the phones, you text, call, view social media, check messages or emails, or take photographs – perhaps while driving.

All of these distractions prevent you or those with whom you share the road from paying attention to other traffic, pedestrians, signs, and driving conditions. The impacts of inattentiveness can prove severe and fatal. In 2021, distracted driving claimed 140 lives in California. During a period from September 30, 2021, to October 1, 2022, crashes involving distracted driving killed 96. Another 9,733 people sustained injuries from distracted drivers.

Lawmakers address concerns over distracted driving through prohibitions, fines, and other penalties for offenders. Distracted driving laws also impact personal injury claims. Violators of distracted driving and other traffic laws face liability for medical expenses, lost wages, disability, mental anguish, and death their negligence generates. If your injuries result from your acts of distracted driving, California's comparative negligence law can reduce what you otherwise might recover.

Below, we explain the various California distracted driving laws and how they impact a claim.

Statutes on Distracted Driving

The California legislature has expressly prohibited certain forms of distracted driving. These address technological distractions, namely wireless phones. According to an Office of Traffic Safety survey conducted in 2023, nearly three out of every four respondents cited texting and talking while driving as their chief safety concern.

Researchers highlight specific types of distractions from using a cell phone while driving. Those who text, dial, move, or hold wireless phones tend to take their eyes off of the road. Consider that a driver who takes his or her eyes off the road for even five seconds (moving at 55 miles per hour) travels roughly the length of a football field. Drivers who talk on a cell phone may experience a form of cognitive “blindness” even though they look straight ahead at the road. The operator does not analyze conditions or observations for potential dangers or the need to properly react, such as stop or slow down.

Hands-On Use

Under California Vehicle Code Section 23123, motorists may not call on a wireless phone while driving unless the phone can be used hands-free.

California Vehicle Code Section 23123.5 outlaws driving while using a wireless device with your hands. This includes wireless phones, laptops, pagers, and tablets. You violate this statute by texting, searching for content, or viewing content with your hands. The law permits you to mount the wireless phone in the way you would mount a global positioning system (GPS) device and use the phone hands-free.

For all drivers under the age 18, any use of a wireless electronic device is prohibited – even if you can operate it hands-off. California Vehicle Code recognizes that minors have not developed enough experience or development to talk on a wireless phone while driving.

Watching Your Favorite Programs While Driving

California Vehicle Code Section 27602 makes it unlawful to have a television or video screen operating in the front driver's seat or otherwise visible to the driver. The prohibition encompasses small portable televisions, wireless phones, portable video players, onboard screens, laptops, and tablets. You do not violate this statute by using video or similar screens for:

*Displaying vehicle position or location

*Mapping

*Assisting you with driving, such as a rear-view camera when your car is in “reverse”

*Display of vehicle information

Also, motor vehicles may have these devices if they are disabled for television or video while the operator is driving or comes with an interlock that restricts use while driving to GPS, mapping, vehicle information, and driver assistance.

Violation of these Statutes as Negligence Per Se

Generally, the law requires people to use reasonable care when engaged in any activity to avoid injuring others. Typically, what constitutes reasonable care depends on what a reasonable person would do under particular circumstances.

Negligence per se recognizes that certain statutes themselves establish the standard of care. That is, courts in these types of claims examine whether the person accused of negligence followed the statute. California's “negligence per se” doctrine creates a presumption of negligence if:

*The actor violates a safety statute and

*The violation represents a “substantial factor” in causing injuries

As you might expect, California's Vehicle Code contains many statutes addressing speed, yielding the right-of-way, stopping, and other standards for safe driving. Drivers are presumed to be negligent per se by not following them.

To overcome the presumption, you or the defendant must demonstrate that the violation is excused or that the violation was not a substantial factor in the injuries.

Reckless Driving

California Vehicle Code Section 23103 defines “reckless driving” as having “willful and wanton disregard for the safety of persons or property.” Generally speaking, this involves a driver who was aware of and ignored a "substantial and unjustifiable risk" of injury from actions. The statute does not require proof that the driver intended to injure others.

The reckless driving statute may cover distracted driving, including those not expressly prohibited by statutes. These actions may include eating, reading books or papers, and personal grooming. Whether they constitute reckless driving can depend upon factors such as:

*The amount of time spent doing these things rather than watching the road and other surroundings

*The location, especially if the offending driver is at an intersection or around other vehicles or people

*The density of traffic or pedestrians in the immediate vicinity

*The conditions, such as night-time, fog, rain, or snow

Other Negligence

Even if these other acts don't meet the reckless definition, they may still be negligence or evidence of other negligent acts, such as running a stop light, speeding, or failing to reduce speed to avoid an accident. The fact of a rear-end collision presents evidence that the trailing driver was not paying attention or did not slow down or stop in time to avoid the collision. Acts of distracted driving, even if not expressly outlawed by the California Assembly, may contribute to other violations of the Vehicle Code such as:

*Speeding (Vehicle Code Sections 22348 through 22431)

*Running a stop light (Vehicle Code Section 21453)

*Failing to yield the right-of-way (Vehicle Code Section 21800)

*Not yielding to a pedestrian in a crosswalk (Vehicle Code Section 21950)

*Unsafe turns or other movements (Vehicle Code Section 22107)

What Distracted Driving Means for a Claim

A violation of the cell phone or other traffic statutes is itself sufficient evidence of negligence. If you suffered injury from a driver's failure to obey the statutes, you may recover from the at-fault driver or the liability insurance covering the vehicle.

At the same time, your acts of distracted driving can reduce what you might recover from the other party. California follows a “pure comparative negligence” approach. That is, the injured party's damages are lowered by the percentage of that party's fault in contributing to the crash. As a comparative negligence state, California law does not bar recovery for plaintiffs whose level of fault exceeds a certain level.

For example, you suffered $100,000 in medical bills, lost earnings, and pain and suffering. If a jury or court determines that your use of a cell phone contributed 60 percent to the crash, you would recover $40,000. In other words, the court holds the defendant 40 percent at fault.

Punitive Damages

When a distracted driver engages in reckless driving, you may obtain punitive damages. These awards go beyond compensating you for your injuries. Courts punish those who act with a conscious or willful disregard for the safety of others with these types of damages. California law does not limit the amounts of punitive damages.

Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being played, and other information.

Consider then what you might bring into your vehicle. Some drivers apply makeup and brush hair while driving. Others eat sandwiches or breakfast biscuits and drink coffee on California's roads. You might even glance at your meeting notes or reports as you journey to the office. With the phones, you text, call, view social media, check messages or emails, or take photographs – perhaps while driving.

All of these distractions prevent you or those with whom you share the road from paying attention to other traffic, pedestrians, signs, and driving conditions. The impacts of inattentiveness can prove severe and fatal. In 2021, distracted driving claimed 140 lives in California. During a period from September 30, 2021, to October 1, 2022, crashes involving distracted driving killed 96. Another 9,733 people sustained injuries from distracted drivers.

Lawmakers address concerns over distracted driving through prohibitions, fines, and other penalties for offenders. Distracted driving laws also impact personal injury claims. Violators of distracted driving and other traffic laws face liability for medical expenses, lost wages, disability, mental anguish, and death their negligence generates. If your injuries result from your acts of distracted driving, California's comparative negligence law can reduce what you otherwise might recover.

Below, we explain the various California distracted driving laws and how they impact a claim.

Statutes on Distracted Driving

The California legislature has expressly prohibited certain forms of distracted driving. These address technological distractions, namely wireless phones. According to an Office of Traffic Safety survey conducted in 2023, nearly three out of every four respondents cited texting and talking while driving as their chief safety concern.

Researchers highlight specific types of distractions from using a cell phone while driving. Those who text, dial, move, or hold wireless phones tend to take their eyes off of the road. Consider that a driver who takes his or her eyes off the road for even five seconds (moving at 55 miles per hour) travels roughly the length of a football field. Drivers who talk on a cell phone may experience a form of cognitive “blindness” even though they look straight ahead at the road. The operator does not analyze conditions or observations for potential dangers or the need to properly react, such as stop or slow down.

Hands-On Use

Under California Vehicle Code Section 23123, motorists may not call on a wireless phone while driving unless the phone can be used hands-free.

California Vehicle Code Section 23123.5 outlaws driving while using a wireless device with your hands. This includes wireless phones, laptops, pagers, and tablets. You violate this statute by texting, searching for content, or viewing content with your hands. The law permits you to mount the wireless phone in the way you would mount a global positioning system (GPS) device and use the phone hands-free.

For all drivers under the age 18, any use of a wireless electronic device is prohibited – even if you can operate it hands-off. California Vehicle Code recognizes that minors have not developed enough experience or development to talk on a wireless phone while driving.

Watching Your Favorite Programs While Driving

California Vehicle Code Section 27602 makes it unlawful to have a television or video screen operating in the front driver's seat or otherwise visible to the driver. The prohibition encompasses small portable televisions, wireless phones, portable video players, onboard screens, laptops, and tablets. You do not violate this statute by using video or similar screens for:

*Displaying vehicle position or location

*Mapping

*Assisting you with driving, such as a rear-view camera when your car is in “reverse”

*Display of vehicle information

Also, motor vehicles may have these devices if they are disabled for television or video while the operator is driving or comes with an interlock that restricts use while driving to GPS, mapping, vehicle information, and driver assistance.

Violation of these Statutes as Negligence Per Se

Generally, the law requires people to use reasonable care when engaged in any activity to avoid injuring others. Typically, what constitutes reasonable care depends on what a reasonable person would do under particular circumstances.

Negligence per se recognizes that certain statutes themselves establish the standard of care. That is, courts in these types of claims examine whether the person accused of negligence followed the statute. California's “negligence per se” doctrine creates a presumption of negligence if:

*The actor violates a safety statute and

*The violation represents a “substantial factor” in causing injuries

As you might expect, California's Vehicle Code contains many statutes addressing speed, yielding the right-of-way, stopping, and other standards for safe driving. Drivers are presumed to be negligent per se by not following them.

To overcome the presumption, you or the defendant must demonstrate that the violation is excused or that the violation was not a substantial factor in the injuries.

Reckless Driving

California Vehicle Code Section 23103 defines “reckless driving” as having “willful and wanton disregard for the safety of persons or property.” Generally speaking, this involves a driver who was aware of and ignored a "substantial and unjustifiable risk" of injury from actions. The statute does not require proof that the driver intended to injure others.

The reckless driving statute may cover distracted driving, including those not expressly prohibited by statutes. These actions may include eating, reading books or papers, and personal grooming. Whether they constitute reckless driving can depend upon factors such as:

*The amount of time spent doing these things rather than watching the road and other surroundings

*The location, especially if the offending driver is at an intersection or around other vehicles or people

*The density of traffic or pedestrians in the immediate vicinity

*The conditions, such as night-time, fog, rain, or snow

Other Negligence

Even if these other acts don't meet the reckless definition, they may still be negligence or evidence of other negligent acts, such as running a stop light, speeding, or failing to reduce speed to avoid an accident. The fact of a rear-end collision presents evidence that the trailing driver was not paying attention or did not slow down or stop in time to avoid the collision. Acts of distracted driving, even if not expressly outlawed by the California Assembly, may contribute to other violations of the Vehicle Code such as:

*Speeding (Vehicle Code Sections 22348 through 22431)

*Running a stop light (Vehicle Code Section 21453)

*Failing to yield the right-of-way (Vehicle Code Section 21800)

*Not yielding to a pedestrian in a crosswalk (Vehicle Code Section 21950)

*Unsafe turns or other movements (Vehicle Code Section 22107)

What Distracted Driving Means for a Claim

A violation of the cell phone or other traffic statutes is itself sufficient evidence of negligence. If you suffered injury from a driver's failure to obey the statutes, you may recover from the at-fault driver or the liability insurance covering the vehicle.

At the same time, your acts of distracted driving can reduce what you might recover from the other party. California follows a “pure comparative negligence” approach. That is, the injured party's damages are lowered by the percentage of that party's fault in contributing to the crash. As a comparative negligence state, California law does not bar recovery for plaintiffs whose level of fault exceeds a certain level.

For example, you suffered $100,000 in medical bills, lost earnings, and pain and suffering. If a jury or court determines that your use of a cell phone contributed 60 percent to the crash, you would recover $40,000. In other words, the court holds the defendant 40 percent at fault.

Punitive Damages

When a distracted driver engages in reckless driving, you may obtain punitive damages. These awards go beyond compensating you for your injuries. Courts punish those who act with a conscious or willful disregard for the safety of others with these types of damages. California law does not limit the amounts of punitive damages.