| A number of factors can cause auto accidents - | | | | function. |
| dangerous road conditions, bad weather, drunk | | | | There are a few exceptions to this law, including the |
| drivers or other drivers who aren't paying attention | | | | emergency exception. In cases of true emergency, |
| to the road. Distracted drivers are the cause of | | | | drivers may use a hand-held phone to contact |
| countless preventable accidents on the state's | | | | emergency services, such as the police, fire |
| roadways every year. The National Highway | | | | department or ambulance, for example. This |
| Transportation Safety Administration (NHTSA) | | | | exception also applies to drivers under the age of 18. |
| estimates that at least 25% of all automobile | | | | Exceptions also exist for certain classes of drivers |
| accidents are caused by distracted drivers. | | | | who use two-way radios, like farm vehicles, tractor |
| - Drivers may be distracted by: | | | | trailers and tow trucks. Additionally, the law does not |
| - Passengers in the car | | | | apply to emergency vehicle drivers while they are |
| - Loud music | | | | working or drivers on privately owned property. |
| - Eating | | | | The California Wireless Communications Device Law |
| - Talking on the phone | | | | (Vehicle Code §23123.5), or the "No Texting |
| - Text messaging | | | | Law," makes writing, sending or reading text |
| - Watching television | | | | messages while driving a violation of the law. This |
| Rear-end collisions are one of the most common | | | | prohibition applies equally to all drivers, regardless of |
| types of accidents caused by distracted drivers, who | | | | age. |
| are more apt to run into a car stopped in traffic or | | | | Those charged with violating either of these |
| traveling slowly during rush hour. While these | | | | provisions may receive a base fine of $20 for the |
| accidents are more likely to result in fairly minor | | | | first violation with fines increasing to $50 for |
| injuries, not all of them do - catastrophic injuries and | | | | subsequent violations. These fines also may be |
| even death can result all because of another driver's | | | | increased, depending on the circumstances, up to |
| negligence. | | | | three times the base fine (or $60-$150). While |
| In an attempt to decrease the number of accidents | | | | convictions for violating either law will appear on a |
| caused by distracted drivers, the California legislature | | | | driver's driving record, they do not result in points |
| passed two new laws aimed at telephone use and | | | | against the driver's license. |
| text messaging while driving: | | | | It may be too soon since the passage of these laws |
| - The California Wireless Telephone Law (effective | | | | to determine the effect they ultimately will have on |
| July 1, 2008) | | | | preventing accidents. There remain serious questions |
| - The California Wireless Communications Device Law | | | | about the enforceability of these laws and whether |
| (effective January 1, 2009) | | | | the meager penalties will deter drivers from |
| The California Wireless Telephone Law (Vehicle Code | | | | continuing to text and use hand-held cell phones while |
| §23123), or the "Hands-Free Law," makes the | | | | driving. |
| use of any hand-held wireless telephone while driving | | | | Enforceability questions aside, other states that have |
| a motor vehicle a violation of the law. Drivers age 18 | | | | enacted similar provisions uniformly have seen a drop |
| and older may use cell phones so long as they use a | | | | in the number of traffic fatalities. The Public Policy |
| hands-free device, like Bluetooth. However, drivers | | | | Institute of California estimates that the Hands-Free |
| under 18 may not use any cell phone while driving, | | | | Law alone will save 300 lives per year. This number |
| regardless of whether they have a hands-free | | | | represents an overall annual 7% drop in car accident |
| device. | | | | fatalities in the state. Further, national research |
| Under the law, drivers are permitted to read, select | | | | unequivocally shows that drivers using cell phones and |
| and enter phone numbers, although they are | | | | texting while driving pose significant distractions to |
| "encouraged" to refrain from doing so. Drivers also | | | | drivers and impairs their ability to react appropriately |
| may put their cell phones on speaker phone so long | | | | to driving conditions. |
| as they do not hold the phone while using this | | | | |