California law says that a cell phone or other electronic device can only be used if it is not in the driver’s hand, even while the car is not moving, but it is still being “operated.” Since using phones at red lights can still pose risks and cause California car accidents, it is considered illegal.
In this article, you will understand the legal perspective of using phones at red lights and how to protect your rights if involved in a California car accident due to such negligence.
What Are the Dangers of Using a Phone While Driving?
Using phones while driving is prohibited in most countries for a reason. Texting, scrolling on social media, or even the simplest checking on emails require attention, thereby shifting your focus on the phone rather than on the road.
Here are some critical dangers of distracted driving or using phones while operating a vehicle:
- Distraction: Drivers are distracted visually, mechanically, and intellectually while they use their phones. This indicates that the driver’s eyes, hands, and thoughts are not entirely focused on the road.
- Delayed Reaction Time: Using a phone slows the driver’s reaction time to sudden events such as a pedestrian crossing the road, an abrupt stop, or unanticipated obstructions.
- Impaired Judgment: Talking or texting while driving can impair judgment, leading to unsafe actions such as speeding, inappropriate lane changes, or failure to obey traffic signals.
- Reduced Situational Awareness: When motorists use a phone, they are less attentive to their surroundings, increasing the likelihood of missing vital indicators such as traffic signs, signals, or the actions of other drivers.
- Loss of Control: Using a phone while driving can result in losing control of the vehicle, particularly if the driver is not looking at the road or using both hands on the steering wheel.
Using phones while driving can endanger the lives of everyone on the road. It is highly recommended that drivers avoid using phones while driving and, if they must, use hands-free devices or pull over to a safe spot to use them.
Is Using a Phone While Driving Illegal in California?
Under California Vehicle Code Section 23123.5, drivers are prohibited from using hand-held electronic devices to create, send, or view text-based messages while driving. This includes activities like texting, emailing, and instant messaging.
However, drivers 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 law.
Violating this regulation can result in fines and, according to Assembly Bill 47, may add a point to your driving record for 36 months.
While using a hand-held device causes a physical distraction, many people fail to consider the cognitive distraction of using a hands-free call. Despite being hands-free, drivers often multi-task when using such a device. Unfortunately, multi-tasking lowers concentration levels and impairs one’s capacity for sound decision-making. It is also cognitively taxing.
According to studies, there is a 37% decrease in spatial processing in the area of the brain used for driving when a driver is using a cell phone, making them less adept at identifying and responding to threats.
Overall, using phones while driving is not only dangerous but also illegal. While using hands-free devices reduces the risks of distracted driving, it still does not eliminate the dangers.
Can You Use Your Phone at a Red Light?
California law prohibits the use of hand-held phones while driving. However, this becomes unclear when there are several factors to consider. This is why drivers often ask, “Can you use your phone at a red light?”
Remember that the legislation states that using phones is illegal when operating a vehicle. As such, when using your phone at a red light, the car is still being “operated” even though it is not moving.
Moreover, according to reports, authorities have been pulling over multiple people caught using their phones even when stopped at a light. This is why avoiding using phones while driving is best, even when stopped at a red light.
Can I File a Claim If a Distracted Driver Hits Me?
Distracted driving frequently causes collisions, such as head-on crashes, resulting in injuries or damages. If you experience a California car accident due to distracted driving, you can file a claim for compensation.
However, you must first prove that the other driver’s distraction directly caused the accident. You can do this by establishing the elements of negligence in a car accident:
- The driver had a duty to ensure the safety of all road users.
- The driver breached this duty.
- A collision resulted from this breach.
- The accident caused injuries or other damages.
For example, a distracted driver hits you. Unfortunately, you incurred severe leg injuries from the collision. In this situation, the distracted driving violation of the driver is the direct cause of the crash, making them liable for the damages.
While you have the right to file a claim, determining liability can be challenging, especially with limited evidence. A California car accident attorney can evaluate the specifics of the collision and assess liability to build a strong case for you.
Lawyer’s Tip: If you want to check if the motorist had any phone conversations, texts, or app usage right before the collision, you can request that the authorities or experts get access to the driver’s cell phone records. This could be crucial evidence of driving while intoxicated.
What Happens If I’m Partly At Fault for the Crash?
California follows a pure comparative negligence system. This means you can file a personal injury claim even if you were partially at fault for the accident. However, you will likely receive reduced compensation in such instances.
For example, a distracted driver hit you. During the crash, you failed to use a seatbelt, making your injuries worse. Let’s say the insurance provider contended that you were partially responsible for the severity of your injuries, and the court agreed. In this case, if you were deemed 5% accountable for your injuries, you would receive 95% of the compensation. Similarly, the other driver could claim the remaining 5%.
With the intricacies involved in determining liability, contacting a California car accident attorney is advisable to protect your legal rights, especially if the insurance company attempts to pressure you into accepting an unfair settlement.
How Can a California Car Accident Attorney Help Maximize My Payout?
While there are laws about distracted driving, drivers often feel confused and don’t understand the totality of the legislation, causing them to commit violations. Unfortunately, even if you were unaware that you have infringed, you may be liable for the damages if this causes a crash.
A California car accident attorney can evaluate the case details and collect evidence to support your claim. They also have the expertise and resources to collaborate with a car accident reconstructionist when evidence is limited.
To enhance the likelihood of a successful claim, they can:
Collect evidence to strengthen your case.
- Establish the fault of the responsible party.
- Assess the full extent of the damages.
- Communicate with the insurance company.
- Initiate legal proceedings if necessary.
The Law Offices of Larry H. Parker, located in Southern California, employ highly skilled California auto accident lawyers specializing in car accident cases with extensive personal injury law experience. Contact us at 800-333-0000 or schedule a free consultation for the best legal options.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“They took good care of my case Twice! These guys are good at what they do. Any issues with the doctors are handled with ease. Would recommend them.” – Juan M.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- How Much Can You Expect to Receive in a Personal Injury Case Regarding a Traumatic Brain Injury?
- Learn About Diminished Value and Its Potential Impact on Your California Personal Injury Case
- 5 Things To Expect in Mediation for Car Accident Settlements
- Proving Distracted Driving Can Be Difficult: Here Are Five Methods of Doing So
Works Cited
“Assembly Bill 47.” California Legislative Information.
“California Vehicle Code Section 23123.5.” California Legislative Information.
Rodriguez, Angela. “Is it illegal to text at a stop light in California?” Sacramento Bee, 15 June 2023. Accessed 20 June 2024.
“Using a mobile phone whilst driving.” Shell Global. Accessed 20 June 2024.
