California’s 2017 Cell Phone Law Affect on Car Accident Liability

The 2017 new California law limiting mobile phone use in autos was intended to encourage diminish the quantity of car crashes and wounds brought about by the utilization of PDAs. Beginning January 1, 2017, it will be an infringement of the California vehicle code not just if a driver writings somebody while driving yet in numerous different occurrences. While the plan of the law is splendid, the new law shockingly may do little to diminish the quantity of PDA mischances and wounds.


photo credit: leaderlawaz

On January 1, 2017 another law marked by California Governor Jerry Brown becomes effective which administrators, California individual damage legal advisors and the CHP have trusts will diminish auto collisions created by the utilization of a driver’s PDA.

As the law at present stands, it’s an infringement of the California vehicle code to utilize a wireless to content somebody, or to utilize a mobile phone to make a call if the call is not made hands free. Be that as it may, it is not an infringement to take a selfie. Nor is it an infringement to program Google Maps or Apple Maps or any GPS capacity to decide the best course to a man’s goal.

The New California Vehicle Code Section 23123.5

Starting in 2017, the new law, AB 1785 which will get to be Section 23123.5 of the Vehicle Code, denies drivers from holding and working mobile phones for any reason other than for capacities that require just the movement of a solitary swipe or tap of the driver’s finger, and just if the gadgets are really mounted in some kind of holder on the vehicle’s windshield or on the dashboard.

Drivers will even now be permitted to utilize their mobile phones to make a call insofar as it is done in a hands free mode. Be that as it may, starting in 2017, if drivers need to work their telephones while driving and really touch their telephone for any reason, their telephones should really be mounted in a holder on the vehicle’s windshield or on the dashboard, and the main activities a driver may make to their telephone is a solitary swipe or tap of the driver’s finger.

An Analysis of the New California Cell Phone Law

While wellbeing advocates and the CHP commend the new law, it’s questionable the new law won’t essentially make a tremendous interest for mobile phone mounts on windshields and dashboards. In any event not at first. It may not have much effect in the long haul unless fines for utilizing PDAs are considerably more often upheld. To the degree it creates a request, it might tragically be to exploit what has all the earmarks of being an escape clause in the new law.

Young person Cell Phone Car Accidents and Injuries in California

The quantity of young people who will race to purchase an item on Amazon to have their mobile phone mounted on their windshield will in all likelihood just be a little number. The dread of most young people of resembling a dork generally far surpasses any dread they may have of being in an auto collision. Shockingly, it is that section of drivers that all wellbeing specialists know are more inclined to bringing on a fender bender while utilizing their PDAs.

One speculates the aim of the officials who drafted the new law was to make all drivers, including young people, a great deal more suspicious about utilizing their phones to talk other than in a hands free mode or to content and now for almost any capacity, not just when they see a squad car ahead, behind, or pulling up nearby them, however at all times.

In any case, as the new law is composed, it might even be troublesome for some drivers to comprehend when they may and may not utilize their mobile phones while driving.

Escape clauses in the New Cell Phone Law

The new law additionally appears to have a noteworthy deformity in its endeavor to demoralize phone utilize. The law expresses that the law avoids capacities that require the movement of a solitary swipe of the driver’s finger. Obviously the officials who drafted this law were totally uninformed of Tinder, the dating application in which you can like or reject somebody’s searches with the end goal of getting together with them with the single swipe of one’s finger.

Also, the lawmakers who drafted this law appear to have neglected to consider how quick wireless application engineers can alter their applications so mobile phone proprietors can play amusements, read the news or even watch their companions on FaceTime now with the single swipe of a finger on their PDAs. What’s more, by excellence of having their PDAs mounted on one’s dash or windshield, this may in reality make it all the all the more engaging, particularly to young people. And all the additionally diverting.

California Cell Phone Accidents and Injuries

In spots, for example, Palm Springs, Newport Beach or truly anyplace in the Coachella Valley, Orange County and all through California, one sees extremely numerous disastrous wounds and passings from auto, truck and cruiser mishaps, also very regular wounds to people on foot and bicyclists brought on by drivers utilizing their PDAs. It’s very obvious that phones are a noteworthy diversion to drivers.

Administrators are resolved not to let the across the board utilization of mobile phones by drivers occupy them from endeavoring to eliminate the quantity of car crashes and passings created by their utilization. Some would state that is a losing fight, yet in the event that their endeavors spare a solitary life, they are to be cheered.

Be that as it may, if the fines for utilizing a mobile phone while driving are to be assessed for their effect on car collisions, one needs to presume there the effect on California mischances and individual harm cases might be insignificant.

Fines for the New California Cell Phone Law

The underlying fine for use infringing upon the new vehicle code area is $20. The fine goes up to $50 for each ensuing infringement. Will that make drivers reconsider before utilizing their mobile phones other than in the recommended way. It’s dubious. While a fine of $20 to $50 can be a serious hardship for a man scratching to get by, drivers once in a while consider their ledger adjust while driving.

The fines can bring about a working single parent or father with youngsters to raise to pay several dollars (by and large $300 and $400) for other non-PDA infringement that are ludicrous. Yet, its far-fetched we’ll see the fines for mobile phone utilize ever achieve those foolish levels.


Along these lines, while the great aim of the lawmakers in California to lessen the measure of auto crashes and wounds brought on by the utilization of phones is to be praised, lamentably, the recently drafted law still leaves much to be enhanced and may have little effect on the lives of drivers and mishap casualties.

Palm Springs Personal Injury Lawyer Sebastian Gibson has been named a Top Lawyer by Palm Springs Life Magazine for as far back as 6 years and has been known as a “Brilliant” Lawyer by Avvo (their most noteworthy rating) which rates legal advisors the whole way across the U.S. With workplaces in the Coachella Valley in Palm Desert and in the Orange County territory in the city of Newport Beach, you can hold Sebastian Gibson for your auto, truck, bike, bike or person on foot mischance, canine chomp or the wrongful passing of a friend or family member by calling (760) 776-1810.

credit : The Law Offices of R. Sebastian Gibson

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