Texting and Driving

Texting and driving have become a serious problem in California, prompting lawmakers to enact a new law prohibiting drivers from having their cellphones in their hand for any reason, including accessing music. This will make it easier for police to identify and cite drivers using their cell phones illegally.

This new law, AB 1785, covers a lot of the previous loopholes in the hands-free cell phone laws, such as taking a video or browsing music. Let’s take a look at the specifics of AB 1785.

AB 1785

Texting isn’t the only cause of distracted driving. Cellphones can be used to check social media, scroll through music playlists, input addresses for directions or take photos and videos, all of which can contribute to accidents. The California Office of Traffic Safety conducted a recent study that determined 1 out of 8 drivers on the road is using their phone, and distracted driving contributes to roughly 80 percent of collisions. In light of this evidence, lawmakers decided to put a stop to cellphone use on the road.

Under this new law, drivers can only use a cellphone if they do it hands-free. Cell Phones must be mounted on the dashboard, windshield or console, and must be voice-activated and operated. Drivers can, however, activate or deactivate a feature of their phone using one motion, such as a single swipe or tap. This also means that texting at a red light is also banned, regardless of whether you’re actually moving.

A few exceptions apply to this cellphone ban:

• Passengers are still free to use their cellphones.
• Handheld cell phones can be used to make an emergency call to a medical provider, law enforcement agency, fire department or other emergency service agency.
• Emergency vehicle operators are free to use their handheld cell phones.
• Drivers on private property can use their handheld cell phones.

These exceptions only apply to adult drivers, however. Drivers 17 years of age or younger are not allowed to use a cellphone for any reason, apart from true emergencies, and it’s still recommended that they pull over if possible.

What Constitutes “Distracted Driving?”

This new law has prompted many to question other forms of distracted driving since cellphones aren’t the only distraction that pulls the driver’s attention from the road. Anything that takes the driver’s hands off the steering wheel is a manual distraction, anything that takes the driver’s eyes off the road is a visual distraction and anything that takes the driver’s focus away from driving is a cognitive distraction.

With those definitions, the “distracted driving” could be the following:

• Eating and drinking.
• Conversing with others in the vehicle.
• Changing radio stations.
• Programming navigation.
• Grooming activities, such as putting on lipstick or brushing hair.

Texting and driving involves all three forms of distraction, which is why it’s the most dangerous, but it’s important to remember that any distraction can lead to a potential accident.

Contact the Gruber Law Group

Were you or a loved one injured in a distracted-driving accident? Get the compensation you deserve with the help of the Gruber Law Group. Call or visit us today!