The evidence is clear. Texting while driving is just as dangerous (if not more) than driving while under the influence of alcohol. In today’s modernized society, it is one of the most prevalent forms of distracted driving. When a driver makes the decision to read a text or reply to one while driving, they are putting themselves, their passengers, pedestrians, and other drivers in danger of being severely injured or killed. Unfortunately, many people still ignore this information and would rather read and/or send a text while driving instead of simply pulling over or waiting to respond. Remember, no text is more important than the life and wellbeing of yourself or others. If you have been injured as a result of a driver that is texting while operating a motor vehicle, they should be held fully responsible for the harm that they have caused. At Injury Trial Lawyers, we are prepared to represent you and work diligently to pursue full compensation for your injuries. Give our San Diego texting and driving accident attorney a call to schedule your free consultation today.
Is it Illegal to Text and Drive in California?
Yes. Vehicle Code section 23123.5 bars driving while holding and operating a phone or other wireless device unless it is used in a voice-operated, hands-free manner. Here is how the rules work:
- A phone may be touched only if it is mounted on the windshield, dashboard, or center console and the driver uses a single swipe or tap to turn a feature on or off.
- Systems installed by the vehicle manufacturer are not covered by the handheld ban.
- Drivers under 18 may not use a phone or wireless device at all while driving, even hands-free, except for emergency calls (Vehicle Code section 23124).
A violation carries a base fine of $20 for a first offense and $50 for each later offense, before court assessments are added. It should be noted that Bluetooth headsets typically cost less than one citation. Furthermore, most phones and modern vehicles are already equipped for “hands-free mode.” It only takes a few minutes to set it up.
Texting and Driving Accident Statistics
For some, texting and driving may seem like an innocent mistake that only affects newer drivers. That could not be further from the truth. Listed below are some pertinent statistics surrounding texting and driving accidents:
- NHTSA reports that 3,208 people were killed and 315,167 were injured in crashes involving distracted drivers in 2024.
- Sending or reading a text takes your eyes off the road for about 5 seconds. At 55 mph, that is like driving the length of a football field blind.
- In a civil claim, a phone violation can support a presumption of negligence under Evidence Code section 669, and phone records can be requested in discovery.
Other Forms of Distracted Driving
According to the Centers for Disease Control and Prevention (CDC), there are three types of distracted driving: visual, manual, and cognitive. Visual distraction involves taking your eyes off the road. Manual distraction includes anything that takes your hands off of the steering wheel. Cognitive distraction happens when a driver takes their mind off of the road. Distracted driving encompasses eating, daydreaming, reaching for something, etc. Texting while driving can actually include all three forms of distraction at once; you take your hands off the wheel (manual), look at the screen (visual), and think of a response (cognitive).
When to Work With a Personal Injury Attorney
As you can see, texting while driving can have major implications for yourself and other drivers on the road (up to fatalities). If you have suffered injuries as a result of a distracted driver texting and driving, you may be able to seek compensation. Ensure that you immediately seek medical attention and connect with our car accident attorney as soon as you can. Vikas Bajaj has been practicing law in California since 2001. He can review your accident claim with you. Give us a call to schedule a free initial consultation today.
Texting and driving accident FAQ
How can texting be proven after a crash?
Phone records, witness statements, video, and the driver’s own statements can show phone use around the time of the crash. Phone records usually require a subpoena.
Does a hands-free violation prove fault?
Not by itself, but violating California’s hands-free law (Cal. Veh. Code § 23123.5) may support a finding of negligence when it contributed to the crash (Cal. Evid. Code § 669).
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury (Cal. Code Civ. Proc. § 335.1). If a government agency may be responsible, a written claim usually must be filed within six months (Cal. Gov. Code § 911.2).
Can I still recover if I was partly at fault?
Often, yes. California follows pure comparative fault, so any recovery is reduced by your percentage of fault but is not automatically barred.