Updated October 13, 2026
Originally published September 30, 2018
You glance at your phone for two seconds. When you look up, the car ahead has stopped. Or maybe you were the one who got hit by a driver who never looked up at all. Texting and driving is illegal in California, and it is one of the most preventable causes of serious injury crashes.
This guide explains what the law says, why texting is so dangerous, and what to do if a distracted driver hurt you. If you only want the rules for calls, mounts, and hands-free use, see our guide to the California cell phone law.
Is Texting and Driving Illegal in California?
Yes. California Vehicle Code section 23123.5 prohibits driving while holding and operating a handheld phone or other wireless device. That covers typing a message, reading one, scrolling, and using an app. Adults can use voice-operated features as long as the phone is not in their hand, and drivers under 18 may not use a phone at all while driving, handheld or hands-free, except to call for emergency help.
It is a primary offense, which means an officer can pull you over just for holding your phone. The same section applies to smartwatches and other wireless devices, not just phones.
Why Texting Is So Dangerous
Texting combines three kinds of distraction at once: your eyes leave the road, your hands leave the wheel, and your mind leaves the task of driving. According to the National Highway Traffic Safety Administration, sending or reading a text takes your eyes off the road for about five seconds. At 55 mph, that is like driving the length of a football field with your eyes closed.
NHTSA reports that 3,208 people died in crashes involving distracted drivers across the United States in 2024. The California Office of Traffic Safety reports that 148 people were killed in California crashes involving a distracted driver in 2022. Distraction is also likely undercounted, because many drivers do not admit to phone use after a crash.
What Happens If You Get Caught Texting While Driving
The base fine is $20 for a first offense and $50 for each additional offense. Court fees and penalty assessments push the real cost much higher: a first ticket typically costs at least $160 and a second at least $285. A repeat violation within 36 months can also add a point to your driving record, which can raise your insurance rates.
The ticket is the small consequence. If you cause a crash while texting, you can be held financially responsible for the other person’s injuries, and the violation helps prove it.
If a Texting Driver Hurt You
You do not have to prove the driver was a bad person. You have to show they were negligent and that it caused your injuries. A phone violation helps in two ways.
- It can show negligence. Under California Evidence Code section 669, a driver who violated a safety law like the phone ban is presumed negligent if the violation caused the type of harm the law was meant to prevent, unless they can rebut it.
- It strengthens your story. Insurers are quicker to take a case seriously when the other driver was on a phone, and juries react strongly to it.
You may be able to recover your medical bills, lost income, vehicle damage, and pain and suffering. See our guide to average car accident settlements in California for how those numbers are built.
How to Prove a Driver Was Texting
Drivers rarely admit it. Evidence usually comes from several places:
- Witnesses and the police report. Another driver, a passenger, or a pedestrian may have seen the phone in the driver’s hand. Ask the officer to note it.
- Video. Dashcams, doorbell cameras, and business cameras are often overwritten within days.
- Phone records. Carrier records show when texts and calls were sent and received. They are usually obtained through a lawyer, who can send a preservation letter early and request them formally if a lawsuit is filed.
- Vehicle data. Many modern cars store speed, braking, and infotainment data that can show what happened in the seconds before impact.
If the driver was working at the time, such as making deliveries or driving to a job site, their employer may also be responsible. That can open access to more insurance coverage.
What to Do After a Crash With a Distracted Driver
- Get medical care. Some injuries do not show up right away, and gaps in treatment are used against you.
- Call the police and tell them if you saw the driver using a phone.
- Collect evidence. Photograph the vehicles and the scene, and get names and numbers of witnesses.
- Do not give a recorded statement to the other driver’s insurer before you have advice.
- Call a lawyer early so video and phone records can be preserved.
Our checklist on what to do after a car accident in San Diego walks through the rest.
What If You Were on Your Phone Too?
California uses pure comparative negligence. If both drivers share blame, your recovery is reduced by your percentage of fault, but you are not barred from recovering. That is why you should not speculate about fault with an adjuster, and why having a lawyer review the facts matters.
How Long Do You Have to File?
You generally have two years from the date of the crash to file a personal injury lawsuit in California. Claims against a government agency have shorter deadlines. Phone records and video may be gone long before the deadline, so early action matters more than the deadline suggests.
How to Stop Texting While Driving
- Turn on Do Not Disturb While Driving, which silences notifications and can auto-reply.
- Set up your route before you shift into drive.
- Mount your phone per the law and use voice commands only.
- Pull over and park if you must send or read something.
Batta Fulkerson has recovered nearly $250 million for injured clients with a 98% success rate across more than 15,000 cases, and San Diego has voted us its favorite personal injury firm. We’re open 24 hours, and you’ll talk to a real person who knows your name. Learn more about our San Diego car accident lawyers, or read what our clients say.
Hit by a driver who was on their phone? Call (619) 333-5555 or use our free case review form. No fees unless we win.
Frequently Asked Questions
Is texting and driving illegal in California?
Yes. California Vehicle Code section 23123.5 makes it illegal to drive while holding and operating a phone or other wireless device, which includes texting, scrolling, and reading messages. Adults may use voice-operated, hands-free features, but you cannot hold the device.
What is the fine for texting and driving in California?
The base fine is $20 for a first offense and $50 for each one after that. With court fees and penalty assessments, a first ticket typically costs at least $160 and a later one at least $285. A repeat violation within 36 months can also add a point to your driving record.
Can I be sued for texting and driving?
Yes. If you cause a crash while using your phone, the injured person can file a personal injury claim against you. Violating the phone law can also be used as evidence that you were negligent.
How do you prove the other driver was texting?
Evidence can include police and witness statements, dashcam or nearby camera footage, and the driver’s phone records. Your lawyer can send a preservation letter and, if a lawsuit is filed, request those records through the court process.
What if I was texting too when the crash happened?
You can still recover money, but your share of fault will reduce it. California follows pure comparative negligence, so if you are found 20% at fault, your recovery is reduced by 20%. Do not guess about this with an insurance adjuster. Talk to a lawyer first.
How long do I have to file a claim after a texting-and-driving crash?
California generally gives you two years from the date of the crash to file a personal injury lawsuit. Claims against a government agency have a much shorter window, as little as six months, so do not wait.
Is it legal to text at a red light in California?
No. The law applies while you are driving, and the California Highway Patrol treats a car stopped in traffic or at a signal as still driving. Pull over and park before you use your phone.
We trust you found value in this blog article: Texting and Driving in California: The Law, the Risks, and Your Rights. We also hope you never need us, but if you or anyone you know might, we are always here to help!
