In the recent California Appellate Court decision of People v. Nelson 200 Cal.App.4 th 1083, the court held that a driver who was using a cell phone in his car which was not, " hands free ", was guilty of violating Veh. Code, Section 23123a, even though he was seen by the traffic officer while the driver was stopped at a traffic signal. The driver argued that he was not "driving" because his car was stopped during his phone use. The Court didn't buy that argument. The Court found that the Legislative intent of the statute was to stop non " hands free " cell phone use while driving which includes temporary traffic stops at signals. There are too many auto accidents in the Coachella Valley caused by distracted drivers. As a Palm Springs auto accident lawyer I have noticed that most insurance company lawyers are asking my personal injury clients questions during depositions regarding the client's cell phone use or nonuse during the accident scenario. A recent case involving a Palm Desert auto accident victim was rejected by my office because the potential client had been texting immediately before the accident occurred. This driver who was seeking representation by our Palm Desert auto accident Lawyer was injured in the accident which was probably caused by the other driver. But because of the texting issue we chose not to take on the client. Let the Palm Desert Personal Injury lawyers at Barry Regar A Professional Law Corporation review your injury case without paying a consultation fee.
