Texting while driving is a violation of the California Vehicle Code. The police agencies in the Coachella Valley use a preprinted automobile accident form when preparing a traffic collision report. The form contains a box to be checked by the officer if there was a cell phone used during the accident scenario. In my personal injury practice, I have investigated auto accidents and truck accidents in Palm Desert and Indio and noticed that there seems to be more texting related to accidents in the Palm Desert area than in Indio. I offer no opinion as to the disparity. California Vehicle Code Section 23123.5 imposes a fine of $20 for the first offense and $50 for a second texting offense while driving which happens to be the same fines for using a hand-held cell phone while driving. In studies performed by Car and Driver Magazine, it was determined that texting while driving is actually more dangerous than drinking and driving. When the texting and driving leads to an accident causing death, there may be a prosecution for misdemeanor vehicular manslaughter. In certain fact patterns involving texting and driving an aggressive District Attorney might pursue a felony vehicular manslaughter with gross negligence prosecution. As a Palm Desert and Indio auto accident lawyer, I know the sad results of accidents. My advice as stated before is to put down the damn phone while driving. Drive safe.
