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Cell phone use while driving is among the leading causes of car accidents in California and across the nation. Using a phone while behind the wheel is so dangerous that it is comparable to driving while intoxicated by alcohol. The risk of intoxication and cell phone use is about the same. Whether you’re using your phone to text, check emails, or scroll through social media, it’s a behavior that constitutes distracted driving.
Distracted drivers can cause accidents in an instant. If you were injured due to a distracted driver, call our California car accident lawyers. Arash Law, founded by Arash Khorsandi, Esq., offers legal guidance and support.
When you are at a red light, it is easy to spot someone using their cell phone. You can see the driver looking at their hand or taking too long to respond to the changing light. These are common signs that the driver in front of or next to you is using a cell phone. It is illegal to use a cell phone while driving in California. Most Californians are aware that doing so is against the law. Where things get murky is using a cell phone while at a red light.
We need to examine what distracted driving entails. Legally speaking, it involves any behavior, including cell phone use, that restricts a driver’s ability to operate a vehicle. The gray area is when people are stopped at red lights. Most drivers believe texting or using the phone at red lights is safe and acceptable. This belief comes from the understanding that the car is technically not in motion.
While there is some gray area in the legality surrounding these actions, you have options if a red light accident happens. You can pursue compensation if you are hurt because a driver is negligent, reckless, or inattentive. Depending on the circumstances, you can file a claim for emotional, physical, and financial losses. You can seek help from a California car accident lawyer as you navigate the legal process.
How Many Drivers Text At Red Lights?
A survey conducted by IDriveSafely.com, assessing driving habits, revealed some interesting findings. Over half of American drivers read text messages when stopped at a red light or stop sign. Other findings include:
- Fifty-four percent of drivers type messages at red lights.
- Thirty-four percent of drivers typed messages at stop signs.
- Thirty-six percent of drivers read text messages at stop signs.
- Sixty-five percent of drivers read texts at red lights.
While phone use does not automatically cause an accident, it still increases the chance of having one. This distraction could lead to different types of accidents, such as rear-end collisions and intersection accidents.
California Distracted Driving Laws
Using smartphones at red lights is a common practice. However, just because something is common doesn’t mean it is legal. There is a stark difference between prevalent and legal. California law prohibits the use of cell phones while driving. Accident lawyers may rely on this law to support a negligence claim in certain cases.
While the law states that it is illegal to use a cell phone, it does not specify whether a vehicle is stopped or in motion. Section 23123.5(a) of the California Vehicle Code states:
“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone… unless the wireless telephone… is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”
There are various opinions on how to apply this law to real-world circumstances. Many drivers interpret the law as having a potential loophole. The question that arises is, if you are at a red light, does that count as driving a vehicle? Some people believe it does, and others do not.
To clarify this concern, we have Section 23123.5(c), which states:
“A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:
(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield… or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.
(2) The driver’s hand is used to activate or deactivate a feature or function . . . with the motion of a single swipe or tap of the driver’s finger.”
This statute section outlines California’s stance on smartphone use at red lights and stop signs. California considers you to be operating a vehicle when stopped at a stop sign or red light. Basically, you can only use your phone if you can complete the action with a single swipe, such as answering a phone call. However, you must use a hands-free device, such as your car’s Bluetooth, for other actions.
For additional clarification, the California Office of Traffic Safety (OTS) made a statement about cellphone use specifically for anyone in the driver’s seat. In short, it is prohibited in any capacity.
Their official statement is, “In California, you cannot use a cell phone…while holding it in your hand. You can only use it in a hands-free manner, such as a speakerphone or voice commands, but never while holding it.” Injury attorneys may refer to these regulations when handling cases involving distracted driving.
These sections, statutes, and statements work in tandem to demonstrate that there is no distinction between cell phone usage while in motion and while stopped. Although the information is available, many drivers choose not to follow it. When that happens and you get injured, you can speak to a car accident lawyer in California.
Types Of Distracted Driving
Distracted driving can take many forms, which may eventually lead to reckless driving accidents. There are various categories of distractions, but they are all equally hazardous. Cell phone use falls under all of the categories we will explore. The primary types of distracted driving are:
- Manual — Anything that requires a person to take their hands off the steering wheel. Common examples include eating, drinking, and reaching for items in the car. Texting or grabbing a cell phone also fits into this category.
- Visual — Any activity that takes a driver’s eyes off the road is a visual distraction. This distraction can include looking at signs, the GPS, or at passengers. Looking at a cell phone screen is also a visual distraction.
- Cognitive — Cognitive distraction is a tricky one to prove. It involves a person taking their mind and attention off the vehicle’s operation. The person can be thinking about work, school, grocery shopping, etc. Manual and visual distractions are easier to spot than cognitive ones since there is no apparent action the person is taking.
Using a cell phone is unique because it encompasses all these categories. Combining all three distractions becomes a dangerous situation. While texting is the most common action, all cell phone usage is dangerous. For this reason, accident lawyers often review mobile phone records as potential evidence when establishing liability of the other party.
Other examples of dangerous cell phone use while driving include:
- Using social media.
- Making phone calls.
- Playing games on your phone.
- Taking pictures or videos.
- Using the GPS.
- Starting, stopping, or changing your music.
As with every rule, people will try to find ways around it. Many people will use hands-free technology to limit distracted driving. People think doing so is an excellent solution because it addresses the manual and visual aspects of distracted driving. Studies suggest that hands-free devices may not eliminate all driving risks, as they can still affect attention and reaction time. They are slowed to a point comparable to someone with a BAC of 0.08 percent, the legal limit for alcohol.
While distracted driving has become synonymous with cell phone use, it is not the only distraction. Long before cell phones were easily accessible, distracted driving was a problem. Many of these actions are considered routine today but are forms of distraction. Examples include:
- Changing the radio station.
- Talking to passengers.
- Adjusting the temperature.
- Tending to children.
Children and pets are extreme distractions for drivers. Pets, in particular, can move about the car and cause chaos. If you must drive with a pet, keep them in a kennel or behind a separator. You can also use special car harnesses or car seats to keep your pets and yourself safe. To keep them occupied, give them some toys. It is also essential to take regular bathroom breaks so they can stretch and get their energy out if you are on a road trip.
In an ideal world, drivers would stay focused on the road and avoid all distractions. Unfortunately, drivers often think they can handle multiple tasks simultaneously, which can lead to dangerous situations. Even when most drivers avoid distractions, they can still be involved in a distracted driving accident that can cause injury or death.
You may need legal assistance if you are involved in a collision with a distracted driver. Speak to our distracted driving accident lawyers in California. Arash Law, led by Arash Khorsandi, Esq., offers free initial consultations.
Dangers Of Using A Cell Phone At A Red Light
The National Center for Biotechnology Information (NCBI) reports that texting at a red light can decrease a person’s “situational awareness,” leading to slower reaction times and driving errors. There is extensive research showing how dangerous it can be to use a phone at a light. The Governor’s Highway Safety Association issued the following statement:
“It’s not safe to text at a stoplight. Research shows that the brain remains distracted even after you put the phone down and start driving. And you need your brain at full capacity to drive safely. The best bet is always to stow your phone while behind the wheel and remain focused on the road for the full ride – whether in motion or stopped at a light”.
One possible reason the original statute did not include the distinction regarding red lights is that it was not considered. They may have felt the verbiage covered all the bases. However, people have interpreted the law in other ways. This has led to some confusion and necessitates further clarification.
There are many examples of why checking your phone while stopped is dangerous. One example is a person sitting at a red light, looking at their phone. They see the car next to them beginning to move from their peripheral vision. Since the person is distracted, they take their foot off the brake without looking up. Now they have rear-ended the vehicle in front of them.
Another example is a person who is distracted and stops at a red light. They are initially the only people there. Suddenly, another distracted driver approaches from the other side. It results in a head-on collision. If even one of the drivers had been paying attention, the accident could have been avoided.
Ideally, all drivers will be paying attention, and many accidents will be avoided. Since that is not the case, these distracted drivers must be held accountable for their actions.
Penalties For Texting At Stop Lights
Having concluded that using a cell phone at a stoplight is both illegal and dangerous, it is now time to address the consequences. California is strict regarding texting and driving. They will charge first-time offenders with fines between $150 and $162. For a second offense, the penalties may be higher and can go up to $285.
While there are legal penalties, there are also other consequences. Distracted driving can often lead to car accidents. When a person causes an accident, they can suffer an injury or injure others. Sometimes people will die from distracted driving. If a distracted driver injured you or a loved one, speak to our car accident lawyers.
Intersection Accidents
The Federal Highway Administration reports that approximately 50 percent of all car accidents are attributed to intersections. Over 50 percent of these collisions are serious, and 20 percent are fatal. Additionally, the NHTSA shows that 55 percent of intersection accidents are due to distractions, inattention, and inadequate surveillance. Texting at any point during the operation of a vehicle is unsafe. Drivers can face traffic citations and be involved in collisions. It may be wise to put the phone down until you reach your destination.
What often happens at intersections is that the light turns green while the person is distracted, causing them to accelerate quickly when another car honks. Since the person did not assess the area, they may not be aware of what other drivers are doing and may be involved in an accident. Often, these accidents result in rear-end collisions. Injury lawyers can use evidence of distraction in proving negligence in these accident cases.
Gathering Evidence For Distracted Driving Claims
Even though distracted driving is dangerous, people drive distracted daily. When you file an insurance claim, you must present evidence that the person was distracted, which led to the accident and your injuries. You will also have to show your accident-related losses. The car accident claims lawyers at Arash Law can help you gather evidence, such as:
- Cell phone records showing time stamps of text messages.
- Data from fitness trackers.
- Analysis of the other driver’s social media to investigate whether they were posting and driving.
- Email timestamps.
- Photos or videos with location and timestamps.
Our California car accident lawyers understand how devastating the consequences of these car accidents are. Our team of personal injury lawyers can help you build an evidence-based case and pursue compensation.
Got Injured Due To A Distracted Driver? Contact Arash Law
Sending or checking a text message can seem harmless, but it can lead to dire consequences when you’re behind the wheel. Arash Law has decades of experience helping victims of distracted driving crashes. You may have legal options to pursue compensation if a distracted driver caused injuries to you or someone you love. Our California personal injury lawyers are here to help. Call our distracted driving accident lawyers in California at (888) 488-1391 for a free initial consultation about your accident.
