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Automobile accidents are a common occurrence in both urban and rural areas in the United States. California is one of the most diverse states in the country, and it is home to many drivers who find themselves involved in motor vehicle accidents. The National Highway Traffic Safety Administration reports that millions of traffic collisions are reported to law enforcement agencies each year in the United States.
Drivers may do everything within their power to be attentive and cautious while driving, yet still find themselves involved in an accident. Some drivers may be performing actions that are putting their own lives and the lives of others at risk of serious bodily injury or death. The behavior of drivers while driving can influence whether they are a danger to themselves and other drivers.
Paying attention to one’s environment is a crucial part of being a safe driver in California. However, drivers must do more than simply watch the road pass in front of them. Drivers must also listen for sounds that can signal the approach of an oncoming vehicle or another object. Technological advances will likely force state legislatures to enact new provisions promoting responsible driving behavior on California roads.
Some drivers may not understand which behaviors are legal to engage in while driving. Other drivers may assume that some actions are illegal to perform while driving. In 2016, the state legislature made it illegal for individuals to wear headphones while biking or driving in the state of California. AirPods are a popular consumer item among drivers of all ages. The California Department of Transportation must keep track of evolving technology so the state can regulate behavior that may likely cause serious bodily injury or death.
Driving while wearing headphones is an extremely risky behavior. Headphones drown out other sounds that drivers may need to hear to prevent an accident. These devices deprive drivers of the ability to use their sense of hearing while driving. Environmental sounds, alerts from other drivers, and alarm signals may go unnoticed by drivers who are wearing headphones. A driver who uses headphones while driving an automobile is engaging in a dangerous activity. Distracted driving is recognized as a major contributor to automobile accidents in California. Using headphones while driving is a violation of California law.
It Is Dangerous For Drivers To Wear Headphones While Driving
Drivers must pay attention to the sounds and atmospheric details that surround them while driving. Listening with full attention while driving can help alert drivers to potential mechanical problems with their vehicle. Additionally, sudden environmental changes can occur unexpectedly, and a driver who does not hear thunder will be less likely to be aware of downpours and flooded roads.
Drivers who use headphones while driving do not use their sense of hearing to stay focused on the act of driving. Listening to music or talking to a friend on the phone can distract a driver from auditory cues that may provide warnings about potential dangers. Listening to headphones keeps drivers distracted, and their mental focus shifts away from the complex task of driving. Also, drivers need to be aware of other automobiles on the road, and using headphones can prevent drivers from hearing other vehicles.
Technological advances have made headphones louder and more likely to shut out surrounding auditory cues. Drivers who are immersed in what they are listening to with headphones may not hear a pedestrian screaming or a fellow driver using their horn. Being unaware of pending dangers can increase the likelihood that a driver will be involved in an accident that causes serious bodily injury or death.
Emergency vehicles, such as ambulances and fire trucks, use loud sounds to alert drivers to move out of the way. A driver wearing headphones may not hear sirens or alarms. Additionally, a driver may not hear a police officer’s siren when the officer is attempting to pull the driver over.
Distracted Drivers In California
Distracted driving is a serious problem in California. Drivers who wear headphones while driving are distracted because they fail to utilize their sense of hearing to monitor auditory signals. Bicyclists and drivers may use wireless headphones to listen to podcasts or speak to friends and family on the telephone.
Some drivers believe that using headphones is safer than looking down at a device and taking their eyes off the road. However, drivers become distracted by the music, podcasts, and conversations they are immersed in, and this distraction may lead to automobile accidents resulting in serious bodily injury or death.
Drivers who wear headphones cannot hear someone screaming for help on the side of the road. Also, distracted drivers who wear headphones cannot respond to ambulances and police cruisers that use sirens to alert drivers to move out of the way. Bicyclists and pedestrians who wear headphones may be unable to hear the sound of an approaching vehicle, and they may be at risk of being struck by a moving vehicle. Even driving with only one headphone can still be distracting and prevent drivers from heeding auditory cues that can protect their lives and the lives of others.
Laws Regulating The Use Of Headphones In California
California Vehicle Code Section 27400 regulates the use of headphones in California. Drivers and bicyclists cannot use headphones while they are driving an automobile or riding a bicycle. California Vehicle Code Section 27400 states as follows: “No person operating a motor vehicle or bicycle may wear headphones, earplugs, or a headset that covers, rests in, or is inserted in both ears.” AirPods fall under this code section, and drivers and bicyclists cannot wear AirPods while operating vehicles in California.
The following guidelines may help individuals understand how California Vehicle Code Section 27400 applies to them:
- Drivers should use an automobile stereo system to enjoy music while driving.
- Individuals who need access to their phones should use phone holders. Drivers can still pay attention to the road while speaking on the telephone.
- Using only one headphone may be better than using both headphones. A driver can hear ambulances, police cruisers, and other auditory cues out of one ear.
- Many modern automobiles have audio systems that allow users to take calls using speakers inside the automobile. Drivers who have access to these systems do not need to use headphones when they are driving.
While California law allows drivers to use a single headphone, the law is clear that individuals must not wear headphones covering both ears. Still, any use of an earpiece can create risks that may lead to an accident. Under California Vehicle Code Section 27400, individuals must not wear headphones covering both ears. Yet even using one headphone can place drivers at risk of being in an accident that causes serious bodily injury or death.
Drivers need to pay attention to their surroundings while driving, which includes listening to auditory signals that can alert them to dangerous conditions. Any number of sounds may cause drivers to stop their automobiles and watch out for any incoming threats. A driver wearing headphones is more likely to cause serious bodily injury to themselves or others. Not all drivers may be paying attention to their surroundings, and hearing sounds while driving can help drivers avoid accidents. Headphones that come equipped with the capability to cancel noise can be extremely dangerous if drivers wear them while driving.
Exemptions Under California Law
California is a large and diverse state. Highway systems in major cities such as San Diego, Los Angeles, and San Francisco can easily become congested. Drivers need to pay attention to their surroundings while driving so they can protect their own lives and the lives of others.
However, some drivers in California may need to wear headphones and headsets while driving. Individual citizens may need to use headphones, hearing aids, and other devices. California Vehicle Code Section 27400 does not apply in the following circumstances:
- Individuals who have to use prosthetic devices due to deafness or impaired hearing.
- Employees and others who must use devices designed to protect their hearing and reduce levels of noise that can damage the eardrum and cochlea (the majority of these devices allow those who wear them to recognize ambulances, police cruisers, and other emergency personnel’s vehicles).
- Employees who must wear safety headphones or headsets to protect themselves in their work conditions.
- Employees who wear protective headgear while they are operating heavy machinery, construction equipment, and other tools.
- Employees who use emergency vehicles must wear protective headgear to perform their job duties.
Under California state law, drivers and bicyclists may wear one headphone or headset while driving an automobile. The device must only cover one ear. All drivers and bicyclists who cover both ears with headphones while driving violate California law.
Penalties For Using Headphones While Driving In California
A ticket for driving while wearing headphones in California can result in a significant fine, as the base penalty is increased by various court fees and assessments. Also, a ticket for wearing headphones while driving is an infraction and does not result in a point on the offender’s driving record. Drivers who obtain an excessive number of points in a specific period of time may have their driving privileges suspended. The point limits in California are eight points in thirty-six months, six points in twenty-four months, and four points in twelve months. Missing court appearances may lead to individuals being charged with a misdemeanor for failure to appear.
Some drivers cause traffic accidents while wearing headphones while driving. Under these circumstances, the driver wearing headphones may face civil liability. Drivers who do not focus all their attention on the road conditions and other drivers and who cause a motor vehicle accident may be financially liable for the injured party’s economic and non-economic damages.
Drivers who cause injuries while wearing headphones may be held liable for property damage, lost earnings, and medical expenses. Some drivers might be subject to criminal charges if the automobile accident resulted in death or serious bodily injury. Drivers need to consider the potential consequences of wearing headphones while driving or bicycling in California.
Consult A California Personal Injury Attorney
Arash Law, founded by Arash Khorsandi, Esq., is a full-service personal injury law firm in California. We have years of experience representing clients in personal injury cases.
Contact us at (888) 488-1391 to schedule a free initial consultation, during which we can review the details of your case. Our car accident lawyers represent clients in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and other cities in California.
