California court says drivers can use smartphone navigation apps
On February 28, 2014, a California appellate court issued an opinion holding that drivers who use their smartphones for navigation purposes are not violating the state's distracted driving laws.
March 14, 2014
On February 28, 2014, a California appellate court issued an opinion in a case involving a traffic citation holding that drivers who use their smartphones for navigation purposes are not violating the state's distracted driving laws. However, even though people are not breaking the law by using smartphone navigation apps, they are still putting others at danger by engaging in distracted driving behaviors.Distracted driving citation
In January 2012, a California driver received a $165 traffic citation for violating the state's distracted driving laws. The man had been using his iPhone 4 mapping application to check for an alternate route to avoid the construction-related traffic he was stuck in when he was stopped by a passing police officer. Because California law prohibits drivers from using hand-held cellphones behind the wheel, the police officer wrote the man a ticket.
The man disputed his ticket, since he was not using the phone to make a phone call. He lost at the trial court and at an appeal. The second level appellate court agreed with him, however, noting that at the time the man received his ticket the law stated that "listening and talking" on cellphones is illegal for drivers. Since the man was doing neither at the time he was ticketed, the court dismissed the ticket.
Dangers of distracted driving
Even though the court's decision means that it is not illegal for drivers to use smartphone applications while driving, it does not mean it is safe to do so. According to the California Office of Traffic Safety, about 80 percent of auto accidents involved distracted drivers, and almost 6,000 people die each year in distracted driving auto accidents.
According to the National Highway Traffic Safety Administration, the use of wireless devices is the number one source of distracted driving. With the explosion in popularity of smartphones, people can do so much more that talk or text with their wireless devices -- like access navigation systems. Focusing attention on cellphones means that drivers are not looking at the road, increasing their chances of getting into auto accidents.
Handling distracted driving accidents
When distracted drivers cause auto accidents, they should be the ones who pay for their victims losses. Those who have been injured by distracted drivers may be able to recover for medical bills, pain and suffering property loss, lost wages and other losses. If you have been injured in a distracted driving auto accident, seek the assistance of a skilled auto accident attorney with a history of successfully recovering compensation for distracted driving auto accident victims, who can help you obtain justice.
Article provided by Arata, Swingle, Sodhi & Van Egmond
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