Distracted driving remains a leading cause of motor vehicle accidents. There are strict laws to limit distractions behind the wheel, and they aim to improve road safety. Understanding how these laws impact liability in an accident can clarify who holds responsibility.
Distracted driving laws
Under California Vehicle Code Section 23123, it is illegal to use handheld devices while driving. Drivers cannot text, make phone calls, or hold their phones unless they use a hands-free option. Violating these laws leads to fines and plays a key role in determining liability when accidents occur.
How violations affect liability
Liability in motor vehicle accidents often depends on negligence. If a driver violates distracted driving laws and causes an accident, courts may view their behavior as negligent. This can make them liable for any damages from the crash.
The legal doctrine of negligence per se may apply in this case, meaning that violating a safety statute, such as distracted driving laws, automatically establishes the driver’s negligence. Phone records or eyewitness accounts can support claims that a driver was distracted at the time of the accident.
Comparative negligence
California follows a comparative negligence system, meaning more than one party may share fault for an accident. If the court finds a distracted driver partially responsible, their liability depends on the percentage of fault assigned. For example, if they are 60% at fault, they must cover 60% of the damages.
Understanding the consequences
Distracted driving laws significantly affect fault and liability in motor vehicle accidents. Recognizing the impact of distracted driving helps prevent accidents and protect drivers from legal consequences.