Drivers must always keep their full attention on the road when moving. A motorist who engages in distractions while driving may be responsible for causing a motor vehicle accident. However, distraction while driving does not necessarily mean that motorists will be at fault for crashes.
Other drivers may share responsibility for causing an accident. For example, a driver who cuts in front of a distracted driver and immediately slams on their brakes might be partially at fault for an accident due to unsafe or reckless driving.
In California, the state’s comparative negligence rule in California Civil Code §1714 governs liability for accident injuries. The law states that financial liability for injuries and losses must correspond to the percentage of fault of each responsible party, including the injured victim if they bear any responsibility for their injuries.
However, distracted drivers typically bear most, or all of the fault for motor vehicle crashes. In addition, a driver’s conviction for violating California’s law banning handheld cell phone use while driving may serve as persuasive evidence that the driver’s negligence in breaking the law caused the accident.