A single glance at your mobile phone. One quick text. That’s all it takes to cause a motor vehicle accident that changes lives forever.
In California, texting while driving remains one of the most dangerous and underreported forms of distracted driving—especially among teen drivers and novice drivers. The use of hand-held devices and wireless communication devices significantly impairs reaction time, turning everyday roads into scenes of preventable tragedy.
This blog explains the legal and human costs behind distraction-related crashes, your rights under California traffic law, and how the car accident lawyers in Santa Clara at Farahi Law Firm can help.
This post is part of our Distracted Driving series—Where we explain how to protect yourself, your loved ones, and your future.
Why You Shouldn’t Text While Driving
According to the National Highway Traffic Safety Administration (NHTSA), over 3,000 people died in distraction-related crashes in 2022 alone—and texting while driving remains one of the most alarming behaviors contributing to those deaths.
Why? Texting combines all three types of distraction while driving.
| Type of Distraction | What It Means | Example While Texting |
| Visual | Taking your eyes off the road | Reading a message on your screen |
| Manual | Taking your hands off the wheel | Typing a reply to your mobile device |
| Cognitive | Taking your mind off the task of driving | Mentally focused on a conversation, not driving |
This dangerous combination drastically reduces Reaction Time, making it as hazardous as drunk driving. Whether using a mobile device, replying through Android Auto, or glancing at hand-held phone conversations, you’re increasing your chances of causing a motor vehicle crash.
The dangers of texting go far beyond a fine—they lead to fatal crashes, bodily injury, and life-altering traumatic brain injuries. That’s exactly why you shouldn’t text while driving—ever.
California’s Laws on Texting While Driving
Under California Vehicle Code §23123.5 VC, it is illegal for a driver to use a hand-held phone or any electronic device to text, scroll, or type while operating a vehicle—even while stopped at a red light. The law clearly distinguishes between manual phone use and legally permissible hands-free options.
Here’s a breakdown of the key legal points:
California Laws on Texting While Driving (Vehicle Code §23123.5 VC)
| Topic | Details |
| Legal Status | Texting while driving is prohibited—including when stopped at a light. |
| What’s Banned | Use of hand-held devices, manual typing, scrolling, or texting |
| Allowed Exceptions | Hands-free devices or mounted phones with single-swipe/tap use |
| Penalties | Fines, points on license, and higher insurance premiums |
| Impact on Legal Claims | Can establish negligence in a personal injury claim |
| Possible Legal Consequences | This may lead to lawsuits for property damage, emotional distress, and bodily injury |
Violating this law doesn’t just result in a citation. It can be used as proof of reckless driving or negligent behavior in a motor vehicle accident, especially if the crash caused severe injuries, medical costs, or traumatic brain injury.
How Texting While Driving Affects Personal Injury Claims
In California, texting while driving is a strong indicator of negligence—a crucial factor in determining legal responsibility in a personal injury claim. If the distracted driver violated a traffic law, that evidence could shift the percentage of fault, impacting how much compensation is awarded.
Insurance companies will often try to reduce their payout by blaming the victim. However, it becomes harder for the insurer to deny liability when driver distractions like mobile device use are documented through phone records, surveillance footage, or witness statements.
This is where expert car accident lawyers in Santa Clara come in. The legal team at Farahi Law Firm investigates every detail, preserves critical digital evidence, and negotiates directly with the insurance company—ensuring you’re positioned to recover maximum financial compensation.
What to Do After a Distracted Driving Crash
After a distracted driving crash, what you do in the first few minutes can shape the outcome of your personal injury claim.
- Call the police immediately to file an official traffic accident report—this becomes a key piece of legal evidence.
- Document the scene thoroughly: take photos of the damage, skid marks, road conditions, and get witness contact information.
- Preserve digital evidence, including phone usage, texts, or surveillance footage that may prove driver distractions.
- Seek medical treatment, even if symptoms seem minor—delayed treatment makes injuries like spinal cord injuries or traumatic brain injury worse.
Before speaking with the insurance company, contact a qualified Auto Accident Attorney. At Farahi Law Firm, we help you protect your rights and secure the medical treatment and fair compensation you deserve.
The Medical Treatment You Need and the Money You Deserve.
Texting while driving isn’t just risky—it’s illegal, negligent, and often deadly. If you or a loved one was injured in a distracted driving crash, don’t wait to protect your rights.
Contact Farahi Law Firm, our expert car accident lawyer in Santa Clara, for a free case review.
We’ll fight for The Medical Treatment You Need and the Money You Deserve.
FAQs:
Yes. Under Vehicle Code §23123.5, texting or using a hand-held phone while driving is illegal. Violations can result in fines and insurance hikes and may impact your personal injury claim if you’re found at fault.
If the other driver was texting, they may be considered negligent under California law. You can file a personal injury claim to recover damages like medical costs, emotional distress, and property damage. Our car accident lawyer in Santa Clara can help build your case.
Absolutely. Texting is considered a driver distraction and can shift the percentage of fault in your favor. Phone records, video footage, and witness statements can prove liability and help you pursue fair compensation.
You typically have two years from the date of the accident to file a personal injury lawsuit in California. Delays can impact your case, so it’s best to consult an Auto Accident Attorney immediately.
