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Texting and distracted driving is now the leading cause of car accidents in California — surpassing drunk driving in total crashes for the first time in 2023, according to the California Office of Traffic Safety. Under California Vehicle Code §23123 (handheld phone ban), §23123.5 (texting ban), and §23124 (under-21 ban on all phone use including hands-free), distracted driving is illegal in nearly every form. When a distracted driver causes a crash, the violation creates negligence per se under California Evidence Code §669, making liability nearly automatic. Settlements for distracted driving accidents range from $25,000 for minor injuries to $5,000,000+ for catastrophic and fatal cases. Phone records subpoenaed in the first 60 days frequently reveal active texting at the moment of impact — the strongest possible liability evidence. Call Sky Law Group 24/7 at (844) 475-9529. Hablamos Español. What Counts as Distracted Driving in California? California law divides distractions into three categories — visual (taking eyes off the road), manual (taking hands off the wheel), and cognitive (taking your mind off the task). Phone use combines all three, which is why it is so deadly. Specific California statutes: CVC §23123 — Handheld phone use while driving prohibited (hands-free permitted for adults) CVC §23123.5 — Texting, emailing, web browsing while driving prohibited even with hands-free device, except for voice-activated single-tap operation CVC §23124 — Drivers under 21: ALL phone use prohibited, including hands-free CVC §22350 — Basic Speed Law (driving at unsafe speed for conditions, including when distracted) Other distractions covered by […]