As a new hand-held cell phone-driving ban looms, lawmakers and auto safety experts aren’t counting on the $20 fine for a violation to cause any dramatic decrease in car accidents, but another more potent provision in the law may have that effect. A person who violates the car-cell phone ban could actually find himself embroiled in a civil lawsuit, or even face a jail term as a result if it leads to a car accident.

While most lawyers agree that a felony charge is probably not a possibility, there could definitely be manslaughter charges brought in. Other lawmakers are predicting that extraordinary circumstances where fatalities are caused in a car accident, and it can be proven conclusively that the cell phone use of the driver was the cause of the car accident, then felony charges are not exactly improbable at all. With these provisions, California, already a state with an aggressive track record when it comes to prosecuting even sober drivers in accidents, prepares to explore unfamiliar ground in liability.

There is enough to hope that the new law will do its part to promote safe driving, and reduce the number of injuries and fatalities that are caused by cell phone wielding motorists. Juries have been increasingly aggressive in awarding large settlements in car accidents where the driver was using a hand-held cell-phone. In 2003, a jury in Palmdale returned a $7.3 million verdict to a person who was injured in a car accident where the other driver was talking on his cell phone. There is an increasing sense that public perception in California at present is firmly against combining cell phones with driving. In fact, the combination of the two seems to evoking almost as much disgust in people as the mix of alcohol and cars.

The new law will also make it easier for people who have been injured in car accidents from a cell-phone use violation to claim compensation for the negligence of the other person. Whereas in the past, plaintiff’s attorneys had to prove that there was negligence in the use of cell phone, now, with this new law, judges will have no choice but to inform the jury that the cell phone use of the driver constitutes negligence, thereby qualifying for compensation. The impact on the fair treatment of car accident victims and justice for them is huge. For too long, victims have struggled to prove negligence, and drivers have gotten away with appalling behavior on the road, with little regard to other motorists’ safety.

When the law finally comes into force, motorists who prefer to have a cell phone glued to their ear will find themselves slapped with a $20 fee, a fine that can be expected to be higher in some counties. While some have argued that cell phone use–regardless of whether it is hand-held or hands-free – is a major safety issue, and that all cell phone use during driving should be banned, this law is still a first solid step towards enhanced road safety.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of car accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.