California Cell Phone Accident Lawyer Sebastian Gibson
California Cell Phone Accident Lawyer Sebastian Gibson
Sebastian Gibson, The Right Choice in California Cell Phone Accident Attorneys
Most California cell phone accident attorneys and car accident lawyers, not to mention most residents and visitors to California are unaware that at the start of the new year, a new law goes into effect to reduce the number of California auto accidents caused in whole or in part by a driver’s use of their cell phone.
On January 1, 2017 a new law signed by California Governor Jerry Brown went into effect which legislators and the CHP have high hopes will reduce car accidents caused by the use of a driver’s cell phone.
As the law currently stands, it’s a violation of the California vehicle code to use a cell phone to text someone, but it’s not a violation to take a selfie. Nor is it a violation to program Google Maps or Apple Maps or any GPS function to determine the best route to a person’s destination.
California Vehicle Code Section 23123.5
But beginning in 2017, the new law, AB 1785 which will become Section 23123.5 of the Vehicle Code, prohibits drivers from holding and operating cell phones for any reason other than for functions that require only the motion of a single swipe or tap of the driver’s finger, and only if the devices are actually mounted in some type of holder on the vehicle’s windshield or on the dashboard.
The Opinion of California Cell Phone Accident Lawyer Sebastian Gibson
While safety advocates and the CHP applaud the new law, it’s the opinion of this Palm Springs and Orange County personal injury attorney that the new law won’t significantly create a huge demand for cell phone mounts on windshields and dashboards. Really. That’s simply not going to happen. And to the extent it does create a demand, it may unfortunately be to take advantage of what appears to be a loophole in the new law.
Teenager Car Accidents in California
The number of teenagers who will rush to buy a product on Amazon to have their cell phone mounted on their windshield will probably and initially only be a number between 0 and 5. The fear of most teenagers of looking like a dork for the most part far exceeds any fear they may have of being in a car accident. Unfortunately, it is that segment of drivers that all safety experts know are more prone to causing a car accident while using their cell phones.
Thus, one must suspect that the intention of the legislators who drafted the new law is to simply make all drivers, including teenagers, much more paranoid about using their cell phones to talk or text and now for nearly any function, not only when they see a police car ahead, behind, or pulling up alongside them, but at all times.
Loopholes in the New Cell Phone Law
But lets talk about loopholes. The law states that the law excludes functions that require the motion of a single swipe of the driver’s finger. Were the legislators who drafted this law completely unaware of Tinder, the dating app in which you can like or reject someone’s looks for the purpose of meeting up with them with the single swipe of one’s finger?
And how long do the legislators who drafted this law think it will take app developers to modify their apps so that drivers can play games, read the news or even watch their friends on FaceTime now with the single swipe of a finger on their cell phones, which by virtue of having their cell phones mounted on one’s dash or windshield, will make it all the more entertaining. And all the more distracting.
California Cell Phone Accident Lawyer Sebastian Gibson
As a personal injury lawyer in the Coachella Valley and Newport Beach who sees senseless and catastrophic injuries and deaths from car, truck and motorcycle accidents, not to mention all too frequent injuries to pedestrians and bicyclists on an everyday basis, it’s clear that cell phones can be a major distraction to drivers.
Legislators are determined not to let the widespread use of cell phones by drivers divert them from attempting to cut down on the number of traffic accidents and deaths caused by their use. Some would say that’s a losing battle, but if their efforts save a single life, they are to be applauded.
Fines for the New California Cell Phone Law
The initial fine for use in violation of the new vehicle code section is $20. The fine goes up to $50 for every subsequent violation. Will that cause drivers to think twice before using their cell phones other than in the prescribed manner. Doubtful. Still, for a person scraping to get by every month, even a fine of $20 to $50 can be a severe hardship. It is the fines that can cause a working single mother or dad with children to raise to pay hundreds of dollars (in many cases $300 and $400) for other non-cell phone violations that frankly draw the ire of this attorney.
So, while the good intention of the legislators in California to reduce the amount of car accidents and injuries caused by the use of cell phones is to be applauded, unfortunately, the newly drafted law still leaves much to be improved upon.
Call California Cell Phone Accident Lawyer Sebastian Gibson
California Cell Phone Accident Lawyer Sebastian Gibson has been named a Top Lawyer by Palm Springs Life Magazine for the past 14 years and has been called a “Superb” Lawyer by Avvo (their highest rating) which rates lawyers all across the U.S.
With offices in the Coachella Valley in Palm Desert and in the Orange County area in the city of Newport Beach, you can retain California Cell Phone Accident Lawyer Sebastian Gibson for your auto, truck, motorcycle, bicycle or pedestrian accident, dog bite or the wrongful death of a loved one by calling (760) 776-1810. Just don’t use your cell phone to call us while you’re driving, please.
