Distracted Driving, Texting, and Motorcycles
Negligent drivers are a part of life on the road, but driving while talking or text messaging is a growing hazard. According to the California Office of Traffic Safety, talking on a cell phone can reduce more than 35% of the brain activity needed for driving, even with an earpiece or a hands free device. These statistics lead many states, including California, to enact Distracted Driving Laws to curtail the dangers associated with texting while driving and other distracting behavior.
California has three laws specific to distracted driving, the text messaging law, cell phone law, and the teen wireless device law. A study released this year by the California Office of Traffic Safety showed that deaths due to hand-held cell phone use by drivers dropped dramatically following the enactment of the hands-free legislation. According to the study, overall traffic deaths declined by 22 percent while hand-held cell phone driver deaths went down 47 percent.
California Distracted Driving Laws
Text Messaging Law – prohibits any driver from using an “electronic wireless communication device” while operating a vehicle. The penalty for violating this law is $20.00 for the first offense and $50.00 for subsequent violations.
Cell Phone Law—prohibits anyone from using a cellular phone while operating a vehicle unless the phone is equipped with a hands-free listening device, and the phone is used hands-free.
Teen Wireless Device Law—prohibits any driver under the age of 18 from using a cell phone while driving, even if hands free.
Currently, the California legislature is considering enhancing the severity of these fines from $20.00 for the first offense to $50.00 and $100.00 for subsequent violations.
It’s Not Worth It! Campaign
During the month of April, law enforcement agencies in California will be especially focused on taking action against what the California Highway Patrol calls “Zombie” drivers—persons that talk on their phone or text message while driving—as part of the second annual National Distracted Driving Awareness Month’s “It’s Not Worth It Campaign.” In 2011, the campaign issued more than 52,000 citations.
The campaign is intended to educate California drivers on the dangers of distracted driving and encourages adults to lead by example—especially if they have teenage drivers. “Start by never calling or texting anyone, especially your kids, when there’s a possibility they might be driving. Then let that same action follow you when you are the driver” according to OTS Director Christopher J. Murphy.
A 23 year old Sacramento woman was sentenced to five years in prison last week after causing the death of a 64 year old motorcyclist; the woman was text messaging while driving. Distracted drivers pose a lethal threat to motorcyclists. Studies have shown that driving while texting is an unsafe as DUI. The law has very clear rules about the responsibilities owed to others on the road. If you’ve been injured in a San Francisco motorcycle accident, you need an experienced San Francisco motorcycle accident attorney on your side.
Motorcycle-Specific Safety Tips and Resources
The California Highway Patrol recently released a YouTube video, Thrill or Buzz Kill, a motorcycle safety video reminding motorcyclists about the added responsibility and attention the road demands. This video is just one of the safety resources California offers to motorcyclists.
California Motorcyclist Safety Program (CMSP)
This program consists of a 15-hour classroom and on-cycle Basic Rider Course (BRC). The BRC is mandatory for those under the age of 21 and for those over the age of 21 who are seeking a California endorsement on their driver’s license. The CMSP recommends even seasoned motorcyclist to enroll in refresher courses to learn new safety techniques, enhance riding skills, and even help less experienced riders feel comfortable on the road.
Contact a Motorcycle Accident Lawyer in San Francisco
If you’ve been a victim of a distracted California driver it is vital to have an experienced California Personal Injury attorney on your side to ensure your legal rights are protected throughout the process.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
