TL;DR: In California, applying makeup while driving isn’t illegal but can lead to distracted driving charges. If the driver causes an accident, they may face liability for injuries and damages.
Highlights:
- Write down what you saw before memories fade.
- Note time, location, weather, and traffic conditions.
- Photograph the scene, vehicles, and visible cosmetics.
- Collect the driver’s and witness’s names and contact information.
- Get medical care and keep all treatment records.
- Report the crash to your insurer promptly.
- Speak with a lawyer before giving recorded statements.
Tip: Save photos, videos, and receipts in one folder to keep your evidence organized.
Table of Contents
In California, no law explicitly prohibits putting on makeup while driving. However, it may be considered a “moving violation.” As a form of personal grooming, it can be classified as a distraction when done behind the wheel. If an accident occurs, a driver may be pulled over, fined, or held liable for a victim’s injuries and losses.
Applying makeup while driving can quickly escalate from a simple mistake to a costly legal problem. The following sections discuss how the law applies in these situations and the financial and legal consequences drivers could face. You’ll also learn the key steps to take if a driver putting on makeup causes your injuries.
How Can Applying Makeup While Driving Be Illegal In California?
Putting on makeup while driving is not illegal in California. However, it can lead to a citation if it results in unsafe driving. Depending on the circumstances, law enforcement may charge drivers with distracted driving, reckless driving, or speeding. Each of these violations can result in fines, points on licenses, or even more serious charges and liability.
California Laws That May Apply To Putting On Makeup While Driving
There is no specific law in California that bans applying makeup while driving. However, this activity can lead to traffic violations. Depending on the specifics of a case, a driver may be cited under several traffic laws:
Distracted Driving
Distracted driving is any activity that takes a driver’s attention away from the road. The California Office of Traffic Safety (OTS) lists grooming as a type of distraction. Putting on makeup can fall under this category.
California’s distracted driving laws primarily prohibit texting or using a handheld device. However, they broadly cover any activity, including eating, reaching for objects, or grooming, that keeps someone from safely operating a vehicle.
If a driver were applying makeup while driving, all three main types of distractions would be involved:
- Visual Distraction — Applying makeup often requires using a mirror. A driver who looks away from the road to check their face may fail to notice a red light, a hazard, or a pedestrian.
- Manual Distraction — When drivers put on makeup, they’ll have to take one or both hands off the wheel. This action can limit their control over their vehicle.
- Cognitive Distraction — Mental distractions can take one’s mind off driving. When they’re focused on getting their eyeliner straight, drivers can’t fully process what’s happening on the road. That can make it more challenging for them to respond to sudden dangers and avoid accidents.
Reckless Driving
If someone drives with a “willful or wanton disregard for safety,” they can be charged with reckless driving. For example, they might continue applying makeup, even when they see pedestrians crossing ahead.
Unsafe Speed For Conditions
California’s speed law requires drivers to always travel at a speed that is safe for the current conditions. This rule doesn’t just apply to speeding. Motorists can break this law even if they drive below the posted limits.
For example, a driver applying makeup may move slowly or fail to react to green lights. This action could create a hazard or obstruction that impedes traffic. As such, it may be considered a violation of the state’s speed law.
Potential Consequences Of Putting On Makeup While Driving In California
Applying makeup while driving carries real legal and financial risks. Here’s a closer look at the main consequences drivers may face:
Financial Fines
A citation for distracted driving in California starts with a base fine of $20 for a first offense and $50 for subsequent offenses. However, after court fees and additional assessments are added, the total amount owed for a first offense can rise to $150–$162 or more per violation. Multiple offenses can result in even steeper expenses.
Insurance Premiums And Driving Record Entries
Grooming while driving is not a specific moving violation in California. However, if an officer sees someone driving unsafely while applying makeup, they may issue a ticket. This citation could be related to distracted, inattentive, or reckless driving. Depending on the specific violation, the California Department of Motor Vehicles (DMV) may add points to that person’s driving record.
Insurance companies monitor these points closely. They often consider a driver’s traffic citation history when determining whether to raise insurance premiums.
Civil Liability In Accidents
The consequences become even more severe if distracted driving results in a crash. A driver who causes an accident while applying makeup can be considered “negligent per se.” This legal doctrine means that violating a safety law can create a presumption of negligence in civil court.
To establish negligence per se, these key elements must generally be met:
- The driver violated a law intended to protect public safety, such as distracted driving statutes.
- The violation directly caused the accident.
- The victim was among the group of people the law was designed to protect (for example, other drivers, passengers, or pedestrians).
- The injury or damages suffered are the kind the law was meant to prevent.
If these elements are satisfied, the court will usually presume the distracted driver was negligent. This legal presumption can simplify how injured victims seek compensation for losses such as:
- Medical expenses
- Property repairs
- Lost wages
- Loss of future earnings
- Pain and suffering
- Emotional distress or trauma
- Loss of companionship
Criminal Charges
If a driver putting on makeup causes a fatal accident, the consequences can be more serious. In California, it could lead to criminal charges like vehicular manslaughter. These may be considered misdemeanors or felonies, depending on the specifics of a case. Drivers may face significant fines, license revocation, or even jail time.
What To Do If Someone Applying Makeup While Driving Injures You
The actions you take after a crash can help protect your health, legal rights, and future claim. If you’re a driver, pedestrian, or cyclist injured by a motorist who was applying makeup behind the wheel, here are recommended steps to take:
Step 1: Document The Distraction
Write down what you remember about the accident while your memory is still fresh. That can include whether you saw the driver holding a mascara wand or using a compact mirror before the crash. Also, take note of the following details:
- Time of the crash
- Location
- Weather
- Traffic conditions
- Other relevant observations
Step 2: Gather Evidence
Collecting evidence is essential for building your case. Here’s a list of what you can gather:
- Names and contact information of the driver and any witnesses.
- Photographs from the scene showing cosmetics or other indicators of the driver’s actions.
- Dashcam, cellphone, or security camera footage of the accident.
- Police reports and medical records related to the accident and your injuries.
In California, injured victims typically have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline may mean losing your right to recover any compensation. Certain exemptions can shorten or extend this time limit. Therefore, it’s crucial to act quickly, as collecting evidence and preparing a claim can take time.
Step 3: Seek Medical Attention
Get checked by a medical professional as soon as possible, even if you feel fine. Follow your doctor’s advice and keep copies of your diagnoses, prescriptions, and medical bills. Additionally, secure records confirming that they recommended you to undergo treatments such as physical therapy or chiropractic care. Your medical records can establish the nature of your injuries, connect them to the crash, and support your claim for damages.
Step 4: Notify Your Insurance Company
Report the accident to your insurance provider promptly. Provide them with all relevant information, including your evidence and medical records. By doing so, your own policy could help cover urgent accident-related expenses as you pursue compensation from the at-fault driver.
Step 5: Consult A Legal Professional
Keep in mind that the other party’s insurer will carefully review what you say and do when assessing your claim. You may make some common mistakes that cause them to dispute your claim or offer lower settlement amounts. These include:
- Admitting fault, either verbally or in writing.
- Posting details, photos, or opinions about the accident on social media.
- Giving a recorded statement without first speaking to a lawyer.
To avoid these errors, you may think, “I need a personal injury lawyer.” In this scenario, it can be helpful to contact an attorney who focuses on these types of cases. Arash Law’s distracted driving accident lawyers can gather evidence, build a case, file a claim, and pursue fair compensation for your injuries and related losses.
If you’re considering the costs and wondering, “Do lawyers only get paid if they win?” the answer at our firm is yes. We work on a contingency fee basis and don’t charge upfront fees. We only take a portion of the settlement or court award we recover on your behalf. In simpler terms, it’s a no-win, no-fee policy.
Frequently Asked Questions
Accidents due to distracted driving can involve complex legal and insurance issues. Victims often have several questions and seek free legal advice from an accident lawyer as they navigate the claims process.
Below are answers to some of the most commonly asked questions about the legality of applying makeup while driving.
What Is Considered “Grooming” When Driving?
“Grooming” is any activity that involves personal care tasks, such as applying makeup, combing hair, or shaving, while driving a vehicle. These actions take one’s hands off the wheel and divert attention from the road, increasing the risk of accidents.
Is It Illegal To Apply Makeup While Stopped At A Red Light In California?
California law does not specifically prohibit applying makeup while stopped at a red light. However, if grooming distracts you, impedes traffic, or affects safe driving, an officer may still issue a citation. Similar questions come up with cell phone use at red lights, because a temporary stop does not always remove distracted driving liability.
Can I Apply Makeup In A Parked Car?
Yes, you can generally apply makeup in your car if it is legally parked. In other words, your vehicle is stationary in a designated parking spot. Additionally, you must not be impeding traffic or violating any parking rules.
Can Police Pull Me Over Just For Makeup?
Yes. There is no specific law against applying makeup while driving. However, an officer may pull you over if they believe this activity is affecting your ability to drive safely.
What If The Other Driver Was Applying Makeup, But I Am Also Partially At Fault For A Crash?
In this scenario, you can still pursue compensation. California follows a pure comparative negligence system, which allows multiple parties to share responsibility for a crash. If you’re among them, however, an insurer or court can reduce your damages by your percentage of fault.
To illustrate, suppose the other driver was putting on makeup. However, you were speeding. If you’re found 30% liable and your total damages are $10,000, you would only receive 70%, or $7,000.
Injured By A Distracted Driver? Seek Legal Help From Our Lawyers!
If someone hits and injures you because they were applying makeup while driving, the legal aftermath can be complex. Under California law, you may be able to seek damages from the at-fault party. However, proving the other driver’s negligence and addressing potential pushback from their insurer can easily complicate your claim.
AK Law’s legal team can manage these intricacies. Our lawyers can gather evidence and build a strong case for compensation. We can also handle negotiations on your behalf and advocate for your rights throughout the claims process. Call us at (888) 488-1391 to discuss your legal options for recovery. Our initial consultation is confidential and free!
