Is Texting While Driving Illegal? (California Law)

Distracted driving is one of the leading factors involved in automobile crashes across the country.
Using a cell phone is often the reason motorists get distracted, and several states have implemented distracted driving laws.
However, is texting while driving illegal under California law?
The accident attorneys at Curtis Legal Group have successfully handled numerous California distracted driving accident cases. In this post, they’ll discuss whether texting behind the wheel is legal and how this form of distracted driving could impact your auto accident injury claim.
Texting While Driving Is Not Only Dangerous, It Can Be Deadly
Drivers are often tempted to think they can quickly read or send a text without affecting their driving. However, according to the National Highway Traffic Safety Administration (NHTSA), the average driver takes up to five seconds to read a text, which means they are not watching the road for the same distance as a football field (at 55mph).
During that time, another vehicle, an animal, or even a child could enter the roadway, leading to devastating consequences.
Sending a text, even by using voice dictation to record it, still requires some of a driver’s attention, which is better used to watch the road. Texting while driving creates three kinds of distractions:
- Visual: Even with dictation, the driver must look at their phone to start the recording, end it, and tap the “send” button, taking their eyes off the road.
- Cognitive: A motorist’s mind can’t focus clearly when it’s divided between what’s happening on the road and what they’re trying to say in a text.
- Physical: Taking even one hand off the wheel to manipulate a phone or the car’s visual display can result in a loss of control, leading to an accident.
Unfortunately, driving also requires visual, cognitive, and physical attention, so texting while driving, even with a hands-free device, steals away the critical focus needed to prevent a crash. Drivers can also experience “inattentional blindness,” where they are so distracted by texting that they can’t recognize potential dangers. This could lead to an accident where you suffer substantial injuries.
California’s Laws on Cellphone Use While Driving
Nearly all states have some type of cell phone ban, but California completely bans texting while driving at all times. In July 2008, the state passed California Vehicle Code [VC] §23123, which outlaws using a handheld wireless telephone when driving. Additionally, legislators passed California Vehicle Code (VC) §23123.5 on the same date to make it illegal to text when operating a vehicle.
Updates to these laws in recent years have strengthened both the restrictions and the penalties, forming what’s known as the California Wireless Communications Device Law. However, there are exceptions to the law, including the following:
- While the phone is mounted, drivers can legally swipe or tap the screen once to activate or deactivate. The phone must be mounted in an area where the driver cannot actively use the device with their hands.
- The phone can be:
- Mounted on the driver’s dashboard
- Mounted on the lower right side of the driver’s windshield in a 7-inch square area
- Mounted on the lower left corner of the driver’s windshield in a 5-inch square area
- Mounted in the center console
- Drivers cannot swipe multiple times and input information into a text or email.
- Drivers cannot use their devices at stop signs and traffic lights.
- Drivers under the age of 18 are entirely prohibited from using a phone while driving a car, even if it is a hands-free device.
The law allows some exceptions in the event of emergencies. For example, if you are involved in a crash or witness one, you can use your phone to dial 911 for police and emergency medical services.
Fines and Points for Texting and Driving in California
Previous state laws gave counties the right to impose additional fees to fund courthouse and jail construction, with violators receiving as much as $150 in fines for their first violation.
In 2019, California passed Assembly Bill 47. which raised the fine amount for first-time distracted driving offenses above $20.
Second or subsequent offenses carry $50 fines, but additional penalties and fees can easily increase the total cost to between $162 (first-time) and $258 (second offense).
Additionally, California’s Department of Motor Vehicles (DMV) will add a point to a driver’s driving record for distracted driving citations that will remain for up to 36 months.
Drivers with points on their records can expect to see increases in their insurance rates. To have these points removed, drivers may also have to attend a state-approved traffic school.
Although drivers who text while driving will pay fines, they may also face additional charges if they commit other traffic violations. They could even see criminal charges if someone dies as a result of an accident they cause. However, these will do nothing to help you if you are hurt or lose a loved one.
You will need to hold the wrongdoer accountable with a personal injury lawsuit to seek the financial compensation you require to fully recover from your injuries.
What to Do if You Are Injured in a Texting While Driving Accident
The immediate aftermath of a crash can be painful, confusing, and overwhelming. You may be hurt and unable to move. If you were on a motorcycle or walking when you were hit by a texting driver, you may need emergency medical care. Your first job after you’ve been injured by someone who was texting behind the wheel is to get the medical attention you need.
After that, you should follow these recommendations to protect your health and potential claim against the at-fault party:
- Dial 911 to call for law enforcement and an ambulance.
- Even if you think you aren’t hurt, or your injuries are minor, get checked out by the paramedics.
- Speak to the police or highway patrol officers to describe what happened.
- Exchange contact and insurance information with the other drivers.
- Don’t accuse anyone of being at fault, and don’t admit any blame.
- If you don’t get evaluated at the scene, visit your doctor within 24-48 hours to establish a connection between the accident and any undiagnosed injuries.
- Arrange a free consultation with a car accident lawyer at Curtis Legal Group to discuss your accident and examine your case.
- Notify your insurance carrier about the accident.
- Avoid speaking with family and friends about the crash, and don’t post on social media.
In California, the pure comparative negligence statute allows you to claim damages even if you are 99% at fault for an accident. However, you want to strengthen your ability to reduce any fault that might be assigned to you. By partnering with an experienced car accident attorney at Curtis Legal Group, you put a fierce negotiator on your side to demonstrate that the blame lies with the driver who chose to break the law by texting while driving.
Common Injuries From a Texting While Driving Car Accident
Because distracted drivers aren’t paying attention to the circumstances around them, they are less likely to brake in time or take evasive action. This means they slam into your vehicle with more force, causing more serious injuries. Some of the most common kinds of harm you could suffer include:
- Back and neck injuries, including whiplash
- Burns
- Broken bones and fractures
- Bruises, cuts, and lacerations
- Eye, ear, and mouth damage
- Internal organ damage
- Puncture wounds
- Traumatic brain injuries
Some injuries may not appear for hours or days after the accident.
You must see a doctor right away to ensure all your conditions are properly diagnosed and treated.
These records also provide substantial evidence for your insurance claim or lawsuit against the driver at fault.
Get Help if You Were Hurt by Someone Texting While Driving in California
A qualified attorney can use evidence from various sources to demonstrate the other driver was texting while driving when they hit you. It’s possible to use data from the car’s onboard computer to show hard braking or acceleration, and cell phone records can prove the driver was using their phone at the time of the crash. Likewise, witness statements or police reports can further support your car accident claim.
If you or a loved one was involved in an accident with a distracted driver, don’t wait to get the legal representation you need. We will help you hold them accountable and secure the compensation you deserve. Contact the car accident lawyers at Curtis Law Group today.