Every day, drivers across California make the risky choice to use their phones while driving. A quick text or checking an app might seem harmless, but these distractions have devastating effects on the road. Despite efforts to curb this behavior, distracted driving remains a leading cause of accidents, leaving victims with serious injuries and complicated legal battles. Holding those responsible accountable is vital, as it ensures safer roads and justice for those affected by someone else’s reckless choices.
Understanding California’s Texting and Driving Laws
California has some of the strictest laws in the nation regarding texting and driving. Under the state’s hands-free law, drivers are prohibited from holding and using their phones while operating a vehicle. This includes texting, browsing apps, or making calls without a hands-free device. All drivers, regardless of age, must use hands-free technology to use their phones for navigation or communication. For drivers under 18, the rules are even stricter—no use of electronic devices, even hands-free, is permitted.
Violating these laws can lead to fines and, in some cases, points on a driver’s record. For a first offense, fines start at $20 but increase for repeat violations. These laws are designed to minimize distractions and reduce the likelihood of accidents caused by phone use. Understanding and complying with these rules is not just about avoiding penalties—it’s about keeping our roads safer for everyone.
How Distracted Driving Collisions Happen
Distracted driving collisions occur when a driver’s attention shifts away from the road, even briefly. These distractions are often tied to phone use but can also involve other activities. Here’s how these incidents commonly happen:
- Texting or Calling: A driver’s eyes leave the road to read or send a text, or they’re focused on dialing a number instead of watching traffic.
- Using Apps or GPS: Drivers often use their phones for music or navigation. Adjusting settings or checking directions diverts their focus and reaction time.
- Eating or Drinking: Trying to eat a meal or sip a beverage while driving can take one or both hands off the wheel, making it harder to respond to sudden changes.
- Interacting with Passengers: Engaging in conversations or turning to check on children in the back seat can cause drivers to lose sight of the road.
Even a few seconds of distraction can result in serious accidents, especially at high speeds or in heavy traffic.
Determining Liability in Distracted Driving Accidents
Determining liability in distracted driving accidents involves establishing that the driver’s negligent behavior directly caused the collision. In California, proving this typically starts with gathering evidence, such as police reports, witness statements, and cellphone records. Police reports often document the circumstances of the crash and may note whether the driver was using a phone at the time. Witnesses can provide additional accounts, confirming if they saw the driver distracted.
Cellphone records can reveal whether the driver was texting, calling, or using apps right before the crash. Violating California’s texting laws, combined with this evidence, strengthens the case for negligence. However, sometimes liability isn’t straightforward, as there may be multiple parties involved, or the injured party might also share some responsibility. In such cases, California’s comparative negligence law comes into play, where damages can be adjusted based on the degree of fault attributed to each party.
Steps to Take After a Distracted Driving Accident
If you’ve been involved in a distracted driving accident, taking immediate steps can protect your health and your legal rights. Here’s what you should do:
- Call 911: Report the accident to the authorities, even if it seems minor. Having an official report is important for documenting what happened and for any future claims.
- Seek Medical Attention: Get checked by a medical professional, even if you don’t feel injured immediately. Some injuries may not be immediately apparent, and medical records can support your case.
- Gather Evidence: Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. This can provide valuable proof later.
- Exchange Information: Collect the contact and insurance details of the other driver involved. If there are witnesses, try to get their contact information as well.
- Consult an Attorney: Speaking with a legal professional can help you understand your options and pursue the compensation you deserve.
Contact an Experienced Walnut Creek Distracted Driving Accident Attorney
Distracted driving continues to be a serious risk on California roads, leading to accidents with devastating consequences. Understanding your rights and taking the proper steps after an accident can make all the difference in your recovery. If you or a loved one has been harmed by a distracted driver, contact Casper, Meadows, Schwartz & Cook today for a consultation. Let us help you pursue justice.