Consequences of Distracted Driving: Legal Perspectives

Distracted driving remains one of the leading causes of Car accidents, and Personal injuries, and fatalities on U.S. roads. With the increasing use of smartphones, in-car entertainment systems, and other digital distractions, drivers face more temptations than ever before to take their eyes off the road. According to the National Highway Traffic Safety Administration (NHTSA), over 3,300 people lost their lives in distracted driving-related crashes in 2022 alone.

The legal system has recognized the dangers of distracted driving, leading to harsher penalties, stricter enforcement, and high-profile cases that highlight the severe consequences of this reckless behavior.

Legal Consequences of Distracted Driving

Distracted driving can have serious legal repercussions, ranging from fines and points on a driver’s license to felony charges, including vehicular manslaughter. Some of the potential legal consequences include:

1. Traffic Violations & Fines – Many states, including California, impose hefty fines for using a handheld device while driving. For example, in California, a first-time offense for handheld phone use results in a $20 base fine, but with court fees, it can exceed $150. A second offense within 36 months adds a point to the driver’s record, leading to increased insurance rates (California Vehicle Code §23123.5). Repeat offenders can face license suspensions.
2. Civil Liability – A distracted driver who causes an accident may be sued for damages, including medical bills, lost wages, and emotional distress suffered by victims. In civil cases, proving negligence is key. Evidence such as phone records, dashcam footage, and eyewitness testimony can demonstrate that a driver was distracted at the time of the crash.
3. Criminal Charges – When distracted driving results in serious injury or death, drivers may face serious criminal charges. In California, Penal Code §192(c) allows for vehicular manslaughter charges, carrying up to six years in prison if gross negligence is proven, while reckless driving (Vehicle Code §23103) can escalate if injuries occur. In Nevada, reckless driving causing substantial harm or death (NRS 484B.653) is a Category B felony, punishable by up to six years in prison and $5,000 in fines, with illegal phone use as potential evidence of negligence. Both states impose severe penalties, including felony charges, significant fines, and prison time for distracted driving-related fatalities.
4. Impact on Insurance & Driving Record – Distracted driving convictions lead to higher insurance rates, and multiple offenses can result in the suspension or revocation of a driver’s license. On average, a distracted driving violation can increase auto insurance premiums by 23%, according to a 2025 report by The Zebra. In some states, insurers treat texting violations as severely as DUI offenses.

The Case of Josh Klinghoffer: A High-Profile Example

A recent example highlighting the tragic consequences of distracted driving is the case of Josh Klinghoffer, former guitarist for the Red Hot Chili Peppers. Klinghoffer was charged with vehicular manslaughter after allegedly striking and killing a pedestrian while distracted. This case serves as a stark reminder that distracted driving is not just a minor offense—it can lead to devastating consequences and serious criminal charges.

In cases like these, prosecutors argue that drivers have a duty of care to operate their vehicles responsibly. When a driver is distracted and causes a fatal accident, they can face felony charges with potential prison sentences. Additionally, families of the victims often file wrongful death lawsuits, seeking compensation for their loss.

Preventing Distracted Driving

While laws are in place to discourage distracted driving, prevention starts with awareness and personal responsibility. Studies show that states with stricter distracted driving laws see a 16% reduction in fatal crashes. (Governors Highway Safety Association). Here are some tips to avoid distractions:

• Put Your Phone Away – Use hands-free options or set up “Do Not Disturb” mode while driving. Apps like DriveMode (AT&T) or LifeSaver automatically silence notifications while your car is in motion.
• Plan Ahead – Set your GPS and music playlists before you start driving.
• Avoid Eating or Grooming in the Car – Even small distractions can lead to devastating accidents.
• Educate Young Drivers – Teen drivers are particularly vulnerable to distractions; reinforcing safe driving habits is crucial. In fact, 39% of teen drivers admit to texting while driving, making it a leading cause of teen-related crashes. (CDC Distracted Driving Prevention)

Common Distracted Driving Questions

What qualifies as distracted driving?

Distracted driving includes any activity that takes a driver’s attention away from the road, increasing the risk of an accident. Common distractions include texting, using a smartphone, adjusting the radio, eating, grooming, or interacting with passengers. According to the National Highway Traffic Safety Administration (NHTSA), texting while driving is particularly dangerous, as it takes a driver’s eyes off the road for an average of five seconds long enough to travel the length of a football field at 55 mph. To reduce risks, drivers should use hands-free devices, preset GPS and music before driving, and avoid multitasking behind the wheel.

What are the penalties for distracted driving in California and Nevada?

In California, using a handheld phone while driving is illegal under Vehicle Code §23123.5, with first-time offenders facing fines exceeding $150, and repeat violations leading to license points and higher insurance rates. If distracted driving causes injury or death, drivers can face vehicular manslaughter charges (Penal Code §192(c)), which carry penalties of up to six years in prison. In Nevada, reckless driving resulting in serious harm or death (NRS 484B.653) is a Category B felony, punishable by up to six years in prison and fines up to $5,000. Both states enforce strict distracted driving laws, with harsher penalties for repeat offenders or those involved in fatal crashes.

How does distracted driving affect insurance rates?

A distracted driving violation can significantly increase auto insurance rates, with some states treating it as seriously as a DUI offense. According to The Zebra’s 2025 report, drivers with a distracted driving citation see their insurance premiums rise by an average of 23%, depending on the severity of the violation. Multiple offenses can lead to policy cancellations or significantly higher premiums, as insurers view distracted driving as a sign of high risk. To avoid financial consequences, drivers should follow local hands-free laws and eliminate distractions while driving.

Can victims of distracted driving file a lawsuit?

Yes, victims of distracted driving accidents can file a personal injury lawsuit to seek compensation for damages such as medical expenses, lost wages, pain and suffering, and property damage. In fatal cases, families of victims may file a wrongful death lawsuit, holding the distracted driver financially accountable. Proving negligence often involves phone records, surveillance footage, dashcam videos, and witness statements demonstrating the driver’s distraction at the time of the crash. An experienced attorney can help victims build a strong case to recover fair compensation.

What steps can drivers take to prevent distracted driving?

Preventing distracted driving starts with personal responsibility and awareness of the risks. Drivers should enable “Do Not Disturb” mode on their phones, use hands-free technology, and preset their GPS before starting the car. Studies from the Governors Highway Safety Association show that states with stricter distracted driving laws experience a 16% reduction in fatal crashes, highlighting the importance of compliance. Educating young drivers is crucial, as 39% of teens admit to texting while driving, making it a leading cause of teen-related crashes.

What to Do If You’re Injured by a Distracted Driver

What to Do If You’re Injured by a Distracted Driver

If you or a loved one has been injured due to a distracted driver, you have legal rights. You may be entitled to compensation for medical expenses, lost income, pain and suffering, and more. Pursuing a claim involves gathering key evidence, such as:

• Police reports documenting the at-fault driver’s distraction
• Surveillance or dashcam footage of the Car accident
• Phone records proving the driver was using their device
• Witness statements supporting your case

At Heidari Law Group, our experienced personal injury attorneys can help you navigate the legal process and fight for the justice you deserve. We specialize in securing compensation for victims of distracted driving and have a proven track record of success in handling these cases.

Contact us today for a free consultation. Let us help you hold negligent drivers accountable.

***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.