In a state as busy and car-dependent as California, safety on the roads is always top of mind especially with the rise of distracted driving. Whether you're commuting in Los Angeles, driving down the 405, or heading out for a weekend trip, you’ve likely seen a driver looking down at their phone. It’s become so common that we almost forget how dangerous it really is.
That’s why California’s updated hands-free driving laws are such a big deal. These new laws aim to reduce distracted driving and ultimately prevent the thousands of accidents caused every year by phone use behind the wheel.
But what exactly is this new hands-free law in California? How does it work? And more importantly, how can it help protect you and your loved ones on the road?
Let’s break it down without the legal jargon.
What Is the New Hands-Free Law in California?
While California has had hands-free laws since 2008, the state recently expanded and strengthened those laws to address growing concerns over distracted driving, especially with smartphones becoming even more integrated into daily life.
The most recent update, found in California Vehicle Code 23123.5, further limits the use of handheld devices and increases penalties for repeat offenders. The core message is simple: drivers should not have phones in their hands period.
Here’s what the current law says:
- Drivers are prohibited from holding a cellphone or any electronic device while operating a vehicle.
- The device must be mounted on the dashboard, center console, or windshield (without obstructing your view).
- You can only tap or swipe once to activate or deactivate a function (e.g., answering a call).
- Texting, scrolling, or watching videos is illegal even at a stoplight.
What’s Changed in the Law?
In 2021, California added a key point penalty to the law. Before, violations only came with a fine, but now:
- A first offense still results in a base fine of $20, but you’ll also receive a point on your driving record.
- Subsequent offenses carry heavier fines and continued point penalties.
Why does that matter? Points on your license can lead to higher insurance rates, license suspension, and more serious consequences if you’re involved in an accident.
Why Hands-Free Laws Are So Important in California
Distracted driving is one of the leading causes of car accidents in California. According to the California Office of Traffic Safety, thousands of crashes each year are directly linked to drivers using their phones whether it's texting, checking social media, or using GPS without a mount.
And the numbers don’t lie:
- Over 3,000 people are killed in the U.S. every year due to distracted driving (NHTSA).
- The average text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of a football field blindfolded.
- In California, you’re four times more likely to crash while using a cellphone.
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How the Hands-Free Law Helps Prevent Accidents
The new hands-free law is about more than penalties. It’s a way to shift driver behavior to make people think twice before reaching for their phones.
Here’s how it helps:
1. Encourages Safer Driving Habits
By making it illegal (and penalizing it with points), the law forces drivers to keep their phones out of their hands. Over time, this can lead to new, safer habits like using voice commands or pulling over if you really need to send a message.
2. Reduces Reaction Time Delays
Even a one-second delay in reaction time can make the difference between avoiding an accident and causing one. By keeping your hands on the wheel and eyes on the road, you're more likely to respond quickly to sudden stops, red lights, or pedestrians.
3. Protects Other Road Users
It’s not just about the driver. Hands-free laws help protect pedestrians, cyclists, motorcyclists, and other drivers. In crowded areas like Downtown LA or Santa Monica, this becomes even more critical.
4. Keeps New Drivers Accountable
The law applies even more strictly to younger or less experienced drivers. Those under 18 cannot use phones at all, even hands-free. This helps develop safe driving behavior early on.
Exceptions to the Law: What You Can (and Can’t) Do
It’s important to know there are a few exceptions built into the law:
✅ Allowed:
- Using a mounted device to activate GPS or music with a single tap or swipe
- Voice commands via Siri, Google Assistant, or other tools
- Calling 911 in an emergency
❌ Not Allowed:
- Holding the phone in your hand
- Typing a message while driving
- Watching videos or livestreams
- Using your phone at a stop sign or red light (yes, even when stopped)
Common Misconceptions About Hands-Free Driving
Let’s clear up a few myths:
🟠 “It’s okay if I’m just at a red light.”
Nope. Even when stopped, you’re still considered to be “driving,” and the law still applies.
🟠 “I can hold the phone if I’m using speakerphone.”
Wrong again. Holding the phone in any way even on speaker is still a violation.
🟠 “I’ve got Bluetooth, so I’m safe.”
Maybe. But if you’re dialing or fumbling with settings while driving, it can still be considered distracted driving.
What If You’re Hit by a Distracted Driver?
If you're involved in an accident and suspect the other driver was using their phone, it could directly impact the outcome of your case. Distracted driving is a form of negligence, and proving it can increase your chances of receiving full compensation.
Here’s what to do:
- Call 911 and report the accident.
- Document the scene—take photos of both vehicles, damage, location, and weather.
- Ask witnesses if they saw the other driver using their phone.
- Seek medical attention, even if you feel okay.
- Contact a personal injury attorney such as Esther The Lawyer as soon as possible.
Can Cellphone Use Be Proven?
In many cases, yes. Your attorney may be able to:
- Subpoena the other driver’s phone records
- Use surveillance footage from nearby businesses
- Refer to police reports that mention phone use
- Leverage witness testimony
That’s why having an experienced personal injury attorney matters. Someone who knows how to connect the dots and build a strong case around distracted driving.
How Esther The Lawyer Helps Victims of Distracted Driving
At Estrada Law Group, we’ve seen firsthand the damage that distracted driving can cause. Esther The Lawyer doesn’t just understand the law, she understands people. She’s worked with clients across Los Angeles who’ve been hit, hurt, or permanently affected by drivers who were looking at their phones instead of the road.
Here’s how our firm helps:
- Investigating the cause of the crash, including phone use
- Working with accident reconstruction experts
- Handling negotiations with insurance companies
- Filing your claim and guiding you through the legal process
- Fighting to get you the compensation you deserve medical bills, lost wages, pain and suffering, and more
How to Drive Smarter (and Safer) in California
Whether you’re a lifelong Californian or a new LA transplant, here are some easy steps to keep yourself safe and legal:
- Mount your phone in your car or use a dashboard holder
- Use Do Not Disturb While Driving most phones have this feature built in
- Set your destination and playlist before driving
- Use voice commands instead of typing
- Pull over if you need to read or send a message
Remember, no text or call is worth your life or someone else’s.
Final Thoughts: Safer Roads Start with Smarter Laws
The updated hands-free law in California is about more than tickets and penalties. It’s about changing driver behavior, protecting lives, and creating safer roads for everyone. With so many distractions fighting for our attention, the law gives us a reason and a responsibility to focus on what matters most: the road ahead.
If you or a loved one has been injured in a car accident involving a distracted driver, don’t wait. You deserve answers, support, and a team that will fight for your rights.
📞 Contact Esther The Lawyer Today
At Estrada Law Group, we’re proud to serve the Los Angeles community with legal expertise and compassion. Esther The Lawyer will guide you through every step of the process from accident to outcome.
📞 Phone: +1 (323) 609-5000
📧 Email: info@estradalawgroup.com
📱 Social Media:
Instagram: @estherthelawyer | @estradalawgroup
TikTok: @estherthelawyer
Don’t let a distracted driver take control of your future. Call us today for a free consultation.
