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California Senate Bill Penalizes Distracted Driving

Posted on behalf of Arnold Law Firm in

young woman driving while textingCalifornia lawmakers are taking distracted driving seriously by pushing Senate Bill SB 1030 toward law. The measure would add one driving-record point if a driver is found handling a mobile device while driving.

The bill has passed the Senate and is now headed to the California State Assembly. SB 1030 would then become law if signed by Governor Jerry Brown.

Stronger legislation is an important step toward addressing distracted driving to make roadways safer. Industry experts report that distracted driving is just as dangerous as impaired driving and is becoming increasingly common.

What Happens if California SB 1030 Is Passed into Law?

California currently prohibits holding an electronic device while driving and texting. Using a handheld wireless phone while driving has been against the law in California since July 1, 2008.

The Wireless Communications Device Law, in effect since 2009, specifically prohibits writing, sending or reading text messages while driving. Legislation was strengthened in 2017, making it illegal to hold a cellphone for any reason while driving, including maps, directions or music.

Violating the distracted driving law is considered a primary offense, allowing a law enforcement officer to stop a person suspected of breaking this law. Under the existing distracted driving law, a motorist who is caught driving while texting is subject to a fine of $20 plus penalties for a first offense. A second or subsequent offense can result in a fine of $50 plus penalties. The offense is currently considered an infraction but does not add any points to the motorist’s driving record.

The new law would result in the same penalties, plus it would add one point to a motorist’s driving record. The new law creates a stronger deterrent to texting and using social media while driving.

Lawmakers anticipate that the law will have an effect on driver habits similar to how seatbelt laws affected motorists’ behavior. When seatbelt violations became primary offenses and penalties increased, people obeyed the law more often.

The author of SB 1030, State Senator Josh Newman, has stated that current penalties are not harsh enough to deter the dangerous habit of texting while driving. He also said that thousands of people are seriously injured or killed in distracted driving accidents in California.

Some of the dangers of using a cellphone while driving, according to the Automobile Association of America (AAA), include:

  • Texting while driving increases the likelihood of a collision by two to eight times.
  • Talking on a phone while driving increases the likelihood of a collision by four times.
  • Distracted driving is one of the top three factors in deadly crashes involving teen drivers.
  • Distraction plays a role in six out of 10 teen driving accidents.

What Does One Point Do to My Driving Record?

California uses a point system to keep track of a motorist’s driving infractions. Having as few as four points within a 12-month period or six points in a 24-month period can result in a suspension of driving privileges.

Additionally, driving points can result in higher insurance premiums. Points are used as a gauge of how safely a motorist tends to drive, so additional points on a driver’s record are intended to penalize the driver and also to motivate him or her to drive more safely.

How a Lawyer Can Help

If a negligent party causes a collision by texting while driving and you are injured as a result, the Arnold Law Firm can help. Our car accident attorneys have extensive experience in pursuing claims against drivers who caused injury to others due to distracted driving or violation of other traffic laws. Since 1975, our skilled attorneys have pursued maximum compensation against negligent drivers.

We offer a free consultation to discuss the possibility of pursuing a personal injury claim. We will identify parties who may be liable for the injuries that you sustained, including your medical expenses, lost wages, and pain and suffering.

You do not pay any upfront fees. We do not receive payment until we help you recover compensation for your car accident. Contact us today to find out how we can help you.

Call (916) 777-7777 or fill out a Free Case Evaluation form today
so we can review your claim.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.