Distracted driving is one of the top reasons for car accidents in California and elsewhere in the nation, according to studies conducted by the California Department of Motor Vehicles, and several other groups nationwide. A recent news report in The Malibu Times states that citations for cell phone use are now the number two reason for getting pulled over in Malibu. Los Angeles Sheriff's officials say that they gave out 482 citations for speeding, but cell phone use came in second with 137 citations.

California Cell Phone Law

Talking on a hand-held cell phone and texting are illegal under California law. According to California Vehicle Code Section 23123 (a): "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving." It is also illegal in California to type, read or send text messages while driving.

These laws are in place for a reason. A recent study by the University of Utah has found that drivers using cell phones while driving are as impaired in their ability to avoid accidents as a drunk driver. However, penalties in California are not severe enough to act as a deterrent to these drivers. The fine is $20 for a first offense and $50 for subsequent offenses. A cell phone citation also does not affect your driving record like a speeding ticket or other traffic violations such as turning in front of someone.

Distracted Driving is Negligent Driving

But the problem is apparently escalating. Cell phone use or texting while driving has been directly or indirectly responsible for numerous Los Angeles car accidents. It is about time that enforcement is stepped up. Distracted driving is as dangerous as driving under the influence, running a red light or not yielding right-of-way. The problem is also prevalent among commercial drivers such as drivers of big rigs, buses and even trains. A Metrolink train engineer was determined to have been texting moments before the Chatsworth Metrolink train accident in September 2008, which caused 25 fatalities and more than 150 serious injuries.

If you or a loved one has been injured in a car accident as a result of a distracted driver, it would be in your best interests to consult with a reputed Los Angeles personal injury lawyer, who has successfully pursued negligent drivers on behalf of injured clients. Driving while talking on the cell phone or texting, amounts to negligence. If you are injured by a motorist as a result of their distracted driving, you could seek compensation to cover medical costs, loss of wages, cost of hospitalization and other related damages.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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