Setareh Law
May 14, 2026
Behind every distracted driving accident statistic lies a preventable tragedy. In California, where drivers navigate some of the nation’s busiest highways, even a momentary glance at a phone or brief distraction can transform an ordinary commute into a life-altering collision.
When distracted driving results in injuries, Setareh Law stands ready to help victims pursue the compensation they deserve. With over $250 million recovered for clients and 60 years of combined experience, we understand how these preventable accidents devastate lives and fight relentlessly to hold negligent drivers accountable. Our team provides bilingual services and operates from eight office locations throughout California to ensure accessible representation for every injured person.
What Does California Law Say About Distracted Driving?
California maintains some of the strictest distracted driving laws in the United States. The primary legislation prohibits drivers from holding and operating mobile phones while behind the wheel. Under California Vehicle Code Section 23123.5, drivers cannot manually use their cell phones for texting, emailing, or scrolling through apps while their vehicles are in motion. This includes stopped at red lights or stuck in traffic.
The handheld device ban extends beyond phones to tablets, GPS devices, and other electronic equipment. Drivers over 18 may use hands-free technology, but even voice-activated systems can create dangerous cognitive distractions. Drivers under 18 face even stricter rules, with a complete prohibition on using wireless devices in any capacity, including hands-free options.
How Much Are the Fines for Distracted Driving?
Financial penalties for distracted driving violations escalate with each offense. First-time violators face base fines of $20, though additional fees and assessments typically bring the total closer to $162. Second and subsequent violations carry base fines of $50, with total costs reaching approximately $285 after processing fees.
These fines represent only the immediate financial consequences. Distracted driving violations can increase insurance premiums substantially. More importantly, when distracted driving causes car accidents resulting in injuries or fatalities, drivers face criminal charges including reckless driving, vehicular manslaughter, or even second-degree murder under certain circumstances.
What Are the Most Common Forms of Distracted Driving?
Distraction takes multiple forms on California roadways. Visual distractions occur when drivers take their eyes off the road to look at phones, navigation systems, passengers, or scenery. Manual distractions happen when drivers remove their hands from the steering wheel to eat, adjust controls, or reach for objects. Cognitive distractions develop when drivers’ minds wander from the driving task to conversations, daydreams, or stress.
Texting represents the most dangerous distraction because it combines all three types simultaneously. Sending or reading a text typically requires five seconds of attention. At highway speeds, vehicles travel the length of a football field during those five seconds of inattention.
Can I Still Recover Compensation If I Was Partially Distracted?
California follows pure comparative negligence principles in personal injury cases. This means injured parties can recover damages even when partially at fault for accidents. Courts reduce compensation awards proportionally based on each party’s degree of fault.
If you were 20 percent responsible for an accident because you were adjusting your radio when another driver ran a red light, you can still recover 80 percent of your total damages. This legal framework ensures victims receive fair compensation reflecting the actual distribution of fault rather than facing complete bars to recovery for minor contributory negligence.
How Does Distracted Driving Impact Personal Injury Claims?
Evidence of distracted driving strengthens personal injury claims substantially. Cell phone records, vehicle data systems, witness testimony, and surveillance footage can document when drivers engaged in distracting behaviors immediately before collisions. Insurance companies and courts recognize distracted driving as clear negligence violating traffic laws and reasonable care standards.
Victims injured by distracted drivers often face severe consequences including medical expenses, lost wages, pain and suffering, and permanent disabilities. California law allows recovery for all economic and non-economic damages flowing from injuries caused by negligent drivers. When distracted driving causes wrongful death, surviving family members can pursue compensation for their losses.
What Counts as “Mounted” Under California’s Hands-Free Law?
California Vehicle Code Section 26708 requires that any phone used while driving be mounted on the vehicle itself — but the law is more specific about where that mount can be placed than most drivers realize. Getting the placement wrong means the phone technically isn’t “mounted” under the law, and any interaction with it, no matter how brief, becomes a violation. Here is what the law actually permits and what it does not.
Legal Phone Placement Locations
California law permits phone mounts in the following locations:
- Dashboard mount — A mount attached to the dashboard is legal provided it does not obstruct the driver’s view of the road. The mount must not block the area directly in front of the steering wheel or the driver’s primary line of sight.
- Lower corner of the windshield — A mount affixed to the lower left corner of the windshield (driver’s side) or the lower right corner (passenger’s side) is explicitly permitted under CVC 26708. The key word is lower — a mount positioned in the center or upper portion of the windshield is not compliant.
- Center console mount — A mount attached to the center console or a dedicated phone holder integrated into the vehicle is also permissible, provided the phone does not require the driver to look away from the road at an unsafe angle.
Illegal Phone Placement Locations
No matter how convenient, the following placements do not satisfy California’s mounting requirement:
- Cupholder — A phone sitting in the cupholder is not mounted. Even if it stays in place, it is not affixed to the vehicle and does not meet the legal standard.
- Lap — Holding a phone in your lap or balancing it on your legs is not mounting and constitutes handheld use regardless of whether you are actively touching the screen.
- Passenger seat — A phone resting on the passenger seat is not mounted. Any interaction with it while driving is a violation.
- Center of the windshield — A suction-cup mount placed in the center or upper portion of the windshield obstructs the driver’s view and does not comply with CVC 26708, even though it is physically attached to the vehicle.
The Single Swipe or Tap Rule: What You Can and Cannot Touch
Even with a properly mounted phone, California law does not give drivers unlimited access to the screen. CVC 23123.5 allows a driver to interact with a mounted phone only through a single swipe or tap — and only when the action does not require the driver to hold the device. In practice, this means:
- Legal single-tap interactions: Answering an incoming call, dismissing an incoming call, activating a navigation app that is already open and loaded, or activating voice control such as Siri or Google Assistant with a single tap.
- Illegal multi-touch interactions: Typing a destination address into a navigation app, scrolling through a music playlist, selecting a new song, reading or composing a text message, browsing contacts, or adjusting any settings that require more than one tap.
The distinction the law draws is between a minimal, incidental interaction and active manual operation of the device. If completing the task requires you to look at the screen for more than an instant or to perform more than a single finger motion, it falls outside what the single-tap rule permits. Officers enforcing this law look for repeated screen interactions, extended glances downward, or any scrolling motion as indicators of illegal use even on a mounted device.
Why This Matters After an Accident
Improper phone placement and multi-touch interactions on a mounted device are not just ticketable offenses. In a personal injury case following an accident, evidence that a driver’s phone was not properly mounted — or that they were scrolling, typing, or actively navigating rather than using a single tap — can establish negligence and directly support a claim for damages. Cell phone records, app activity logs, and witness accounts of the driver looking down repeatedly are all forms of evidence that attorneys use to demonstrate distracted driving, even when the driver believed they were in compliance with the law.
Partner With Setareh Law After a Distracted Driving Accident
Distracted driving accidents demand immediate legal attention. Evidence deteriorates, witnesses’ memories fade, and insurance companies move quickly to minimize their liability exposure. We understand the urgency these cases require and provide around-the-clock availability to ensure your rights remain protected from the moment an accident occurs.
Our approach combines aggressive advocacy with compassionate client service. We handle every case on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf. With over 400 five-star Google reviews and eight conveniently located offices throughout California, we meet you where you are and deliver the personalized attention your case deserves. Contact Setareh Law today for a consultation about your distracted driving accident claim.
