In California, a cell phone or other electronic device may only be used if it is out of the driver’s hand. How about when stopped in a red light? As per authorities, a car is being operated even when stopped at a red light, making it illegal to use phones in such a case.
With the complexities of distracted driving, this article will help you understand the legalities of phone usage at a red light and its implications on California car crashes.
How Often Do Accidents Happen Due to Phone Usage?
Using phones while driving is considered distracted driving. Unfortunately, accidents result from such negligent actions since they impair the driver’s ability to drive and focus on the road.
Usually, drivers experience the following when texting while driving:
- Drivers are cognitively, mechanically, and visually distracted when using their phones. This suggests the motorist is not focused on the road with their hands, eyes, and thoughts.
- When a driver uses a phone, their response time to unexpected obstacles, sudden stops, and pedestrian crossings is slowed.
- Talking on the phone or sending texts while operating a vehicle might cause one to make risky decisions, such as changing lanes too quickly or disregarding traffic signals.
- When drivers are distracted by their phones, they are less likely to pay attention to their surroundings and, therefore, more likely to miss important cues like traffic signs, signals, or other drivers’ behavior.
According to Forbes, many accidents involve distracted drivers, including those who text while operating a vehicle. 2021 Data shows that using a phone or texting while driving contributed to the following:
- 12% of the fatal distracted driving incidents
- 20,015 accidents total, or 8% of distracted driving injury crashes
- 8% of non-fatal collisions with distracted drivers, or a total of 44,518 incidents
In the same year, texting and driving-related accidents claimed the lives of 410 individuals in total. That’s equivalent to more than one fatality every day.
With the significant risks brought by texting while driving, drivers must avoid using any devices when operating their vehicles to protect themselves and the safety of others.
What Does the Law Say About Using Phones While Driving?
California Vehicle Code Section 23123.5 makes it illegal for drivers to use handheld electronic devices to create, send, or view text-based messages while driving, including texting, emailing, and instant messaging. Violating this law can result in legal consequences, such as fines.
However, they can use hands-free devices or voice-activated functions for text communication if no manual input is required. Emergency personnel and drivers reporting emergencies are exempt from this regulation.
While using a handheld device is a physical distraction, many overlook the cognitive distraction of using hands-free calls. Despite being hands-free, drivers often multitask while using such devices, which reduces concentration levels and impairs decision-making abilities. This type of multitasking is also cognitively demanding.
According to studies, using phones, either hands-free or handheld, can still cause distraction to drivers, making them susceptible to danger:
- Drivers using hands-free and handheld cell phones miss up to 50% of the information in their driving environment due to “inattention blindness,” which can lead to missing exits, running red lights, and ignoring stop signs.
- Cellphone-using drivers exhibit slower reaction times compared to drivers impaired by alcohol at the legal intoxication limit of .08 blood alcohol concentration.
- Engaging in cell phone conversations reduces brain activity in areas associated with driving by 37%.
Using a phone while driving, whether handheld or hands-free, seriously reduces a driver’s capacity to focus and respond quickly to changing road conditions, which raises the risk of collisions.
California law limits the use of phones while driving to improve traffic safety. However, there is still reason for concern regarding the cognitive distractions caused by hands-free technology. Therefore, drivers must give their full attention to the road and avoid distractions to protect everyone’s safety, even when using hands-free phones.
Can You Use Your Phone at a Red Light?
California law prohibits handheld phones while driving, but the specifics can be confusing, leading many drivers to ask, “Can you use your phone at a red light?”
The legislation clearly states that phone use is illegal while operating a vehicle, including when the car is stationary at a red light. The vehicle is still in operation even when not in motion. Hence, using phones at a red light is considered illegal.
Additionally, reports indicate that authorities frequently pull over drivers using their phones at red lights. Therefore, it’s best to avoid using phones while driving, even when stopped at a light, to comply with the law and ensure safety.
Can I Hold a Driver Liable for a California Car Crash Due to Distracted Driving?
As mentioned, distracted driving is one of the leading causes of California car crashes. You can file a claim if you are involved in an accident due to distracted driving. To succeed, you must demonstrate that the other driver’s distraction directly caused the accident.
This involves proving the following elements of negligence:
- The driver had a duty to ensure the safety of all road users.
- The driver breached this duty.
- This breach resulted in a collision.
- The accident caused injuries or other damages.
For instance, suppose a distracted driver hits you, causing severe back injuries. In this case, the driver’s distraction is the direct cause of the crash, making them liable for your damages.
Filing a claim can be complex, mainly when evidence is limited. A California car accident attorney can help by evaluating the specifics of your collision, determining liability, and building a solid case to ensure you receive fair compensation.
How Do I Prove the Driver’s Phone Use While Driving Violation?
Proving that the other driver was distracted during the collision might seem challenging. Still, several types of evidence can help establish their negligence in a car accident caused by distracted driving.
Eyewitnesses
Eyewitnesses can provide crucial details about the driver’s behavior before the collision. You may want to ask for their statement regarding the accident.
However, insurance companies tend to discredit statements gathered by victims. This is why collecting contact information from witnesses at the scene is crucial. Your lawyer can then record their statements during the legal process.
Police Report
A police report can be instrumental in demonstrating the other driver’s negligence. It provides specific details relevant to the case, such as the drivers’ contact information, the violation committed by one or both parties and other factors that may have influenced the incident.
Moreover, officers typically document statements or observations that may indicate a distracted driving violation to help prove your claim.
Social Media Activity
Investigating the driver’s social media activity around the time of the collision can be critical evidence in proving distracted driving. Social media sites such as Instagram, Snapchat, Twitter, Facebook, and Instagram frequently maintain extensive user behavior records, including shares, likes, comments, and posts. Timestamped versions of these logs allow for a precise record of the driver’s actions throughout time.
During an investigation, law enforcement officials and legal professionals can request access to a driver’s social media accounts and, if necessary, subpoena social media firms for their records.
Cell Phone Records
Examining a driver’s cell phone usage history can be essential to determine if distracted driving contributed to a California car crash.
Attorneys and law enforcement agencies may ask the service provider for a subpoena or court order to see the driver’s cell phone records. The data is guaranteed to be legally obtained and acceptable in court using this legal process.
Mobile carriers keep timestamped calls, text messages, and data usage logs in-depth. These suppliers may cooperate so you can obtain complete and accurate records.
In-Car Cameras
Dashcams and other in-car cameras are very helpful in capturing visual evidence of a driver’s actions before an accident. These cameras, mounted on the dashboard or windshield, capture both the road ahead and, occasionally, the inside of the car. This offers footage captured in real-time of the moments before, during, and following the accident.
This evidence’s quality and credibility will significantly impact your case’s strength. Consulting an experienced California car accident attorney specializing in distracted driving cases can help you navigate the legal process and ensure your evidence is robust and compelling.
How Can the Best California Car Accident Attorney Help Me?
Proving that a texting-while-driving incident caused a car accident may appear straightforward but challenging in practice. For example, how can you convincingly demonstrate that the other driver’s distraction from phone use directly led to the collision if you failed to collect evidence at the scene?
In such situations, consulting with a California car accident attorney becomes crucial. They can thoroughly analyze the specifics of your case and gather pertinent evidence to substantiate your claim. Additionally, they possess the necessary resources and expertise to collaborate with car accident reconstruction experts when evidence is limited.
Furthermore, these legal professionals can take proactive steps to enhance the likelihood of a successful claim:
- Collecting compelling evidence to strengthen your case.
- Establishing the liability of the responsible party.
- Assessing the full extent of the damages incurred.
- Engaging in effective communication with insurance companies.
- Initiating legal proceedings if negotiations fail to achieve a fair settlement.
By contacting a knowledgeable California car crash lawyer, you can confidently navigate the complexities of your claim, ensuring your rights are protected and increasing your chances of receiving the compensation you deserve.
Jacoby & Meyers features some of California’s top personal injury attorneys dedicated to protecting your legal interests and ensuring fair compensation. While many firms handle accident claims, Jacoby & Meyers stands out for its steadfast advocacy, making it the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has championed the rights of accident victims, securing substantial settlements totaling over $2 billion. Their proven track record highlights their commitment to client satisfaction.
If you’ve been injured in a car accident, Jacoby & Meyers is ready to help. They offer free consultations for injury victims and work on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
I personally thought Maria was the best choice I made for picking out a lawyer and her law firm. Furthermore, she was consistent with her work; if not, she would notify you. Also, she is a strong, outspoken woman who showed me she was on my team and for me. I appreciate her so much and am blessed to have her and her law firm help me.”—Jessica R.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Does the Burden of Proof Work in Personal Injury Claims in California?
- What Happens If an Unlicensed Driver Hits Me?
- Am I Liable for a Crash for Running a Yellow Light?
- Who is Liable For a Snow Car Accident?
Works Cited
“California Vehicle Code Section 23123.5.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23123.5.&lawCode=VEH.
“Dangers of using hands-free devices while driving.” Zurich North America, 19 September 2023, https://www.zurichna.com/knowledge/articles/2023/09/dangers-of-using-hands-free-devices-while-driving. Accessed 25 June 2024.
“Texting and Driving Statistics 2024 – Forbes Advisor.” Forbes, 28 March 2024, https://www.forbes.com/advisor/car-insurance/texting-driving-statistics/. Accessed 25 June 2024.
Call or text 888-522-6291 or complete a Free Case Evaluation form
