When California introduced its No Touch phone law, it wasn’t just to reduce texting and driving tickets. This law — officially California Vehicle Code §23123.5 — made it illegal for drivers to hold or operate a cell phone with their hands while driving. The goal is simple: keep attention on the road and reduce crashes caused by scrolling, typing, or tapping screens.
What many people don’t realize is that this law can also affect your ability to recover compensation if you’re in a car accident. Being cited for distracted driving can change how insurance companies and opposing attorneys handle your claim. At Bojat Law Group, we’ve seen how one moment of phone use can become powerful evidence that shifts liability and costs drivers thousands of dollars.
What the No Touch Law Actually Prohibits
California’s No Touch Law is stricter than some drivers think. It applies to almost every form of phone use while behind the wheel:
- You cannot hold a phone in your hand for any reason while the car is moving.
- You cannot manually dial, scroll, or tap the screen.
- The only legal exception is a single swipe or tap to activate or deactivate a function such as a voice command or navigation.
- Phones must be properly mounted on the dashboard, windshield, or center console — never held.
Violations bring fines and points on your driving record. But beyond tickets, the real risk shows up after a crash.
How Breaking the No Touch Law Impacts Fault After a Crash
California follows a comparative negligence system. That means fault is divided between everyone involved, and your compensation is reduced by your percentage of responsibility. If evidence shows you were holding your phone when the collision happened, the other driver’s insurer will use it to push blame onto you. Even if you weren’t the main cause, being 20% or 30% at fault can cut your settlement significantly.
Distracted driving allegations also hurt your credibility. If you initially said you weren’t on your phone but phone records or witnesses prove otherwise, an insurance adjuster can argue you’re unreliable and undervalue your claim. Defense lawyers know juries respond strongly to cellphone use behind the wheel; they’ll highlight it to limit or deny damages for injuries, lost wages, and pain and suffering.
Insurance Companies Act Fast When Phone Use Is Suspected
Insurance adjusters look for any reason to avoid full payouts. They may request your phone records or demand statements about what you were doing when the crash happened. Some carriers even hire accident reconstruction experts to analyze timing and driver distraction. A simple notification or music change might become a tool to reduce what you’re owed.
That’s why it’s critical not to overshare with insurance companies after a collision. Even an innocent comment like “I just glanced at a text” can be twisted to mean you violated the No Touch Law California and caused the crash.
Protecting Your Claim After an Accident
If you’ve been in a collision and fear that phone use could become an issue, taking the right steps matters.
- Do not admit fault — avoid making statements about distraction or phone use.
- Document the crash scene — photos, witness contacts, and police reports can help prove the other driver’s actions were the main cause.
- Seek medical attention — immediate records of injuries strengthen your case.
- Get legal help quickly — an experienced attorney can control communications with insurers, review evidence, and counter claims of distracted driving.
At Bojat Law Group, we routinely investigate accidents involving allegations of phone use. We look for video footage, analyze call logs and data responsibly, and ensure the other party’s negligence remains the focus.
Why Legal Representation Is Crucial
Handling a car accident claim where distracted driving is alleged is not straightforward. The opposing insurer will try to shift as much blame as possible. Without an advocate who understands how the No Touch Law is used in liability disputes, you could lose compensation you need for medical bills, lost wages, and long-term recovery.
Our team knows how to build a strong case, even if the other side tries to argue that momentary phone use contributed to the crash. We understand California’s traffic and negligence laws and how to negotiate with insurers that are quick to take advantage of drivers after an accident.
Call Car Accident Lawyers at Bojat Law Group Today
If you were injured in a crash in California and the No Touch Law could come into play, don’t handle the claim alone. Insurance companies know how to exploit distracted driving allegations to pay you less. Our team at Bojat Law Group fights to protect your rights and maximize your compensation.
Call us at (818) 877-4878 for a free consultation or visit bojatlaw.com to schedule your case review. We work on a no win, no fee basis — you pay nothing unless we recover for you.
