Drivers can make the mistake of texting and driving when they shouldn’t have a phone in their hands for any reason. It’s an illegal distraction in California that can cause devastating accidents and leave victims in need of help with medical bills and car repair costs.
Fortunately, California empowers victims to file accident claims and seek help with recovery costs. Unfortunately, car insurance companies don’t always make it easy for victims to prove fault and secure the assistance they need.
A skilled attorney can help you stick up for your rights as a victim and secure more. Our Bakersfield car accident lawyers offer a free, no-obligation consultation for all accident victims in Kern County. It’s a chance to find out how to hold a texting driver fully accountable.
Cellphone and Driving Laws in California
California Vehicle Codes (CVC) forbid drivers from holding cellphones in most instances, and lawmakers even strengthened the law as recently as 2025.
CVC 23123.5.
(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.
The vehicle code was recently updated when judges closed one way that drivers might be able to hold a cellphone legally. ABC-23 reported on the change in June of 2025. It takes away a loophole that allowed drivers to have a cellphone in hand while they used it as a GPS mapping device.
The adjustment to the law basically prohibits drivers from looking at any apps while driving. Motorists can only use phones when they are utilizing voice command and hands-free operation.
How Can a Lawyer Help Me After a Texting Driver Hits Me?
Getting hit by a distracted driver on a cellphone and collecting support for your damages may seem like a simple thing. But Bakersfield Police Department officers may not realize the driver was on a phone when the accident occurred. They may rule that no one was truly at fault, or even rule that you were to blame.
The distracted driver’s insurance company may also present an obstacle to getting your medical bills paid for. They can also try to blame you and make you pay for your own damages.
The best way to prevent this is to back your case with evidence and push back when insurance adjusters start to rely on their shady tactics in your case.
Your attorney can provide a safeguard for your case and also add greatly to the take-home compensation you receive:
- Your attorney fully investigates the accident.
- Your attorney collects all evidence. This proof can include witness testimony, cellphone records, accident reconstruction data, and even surveillance video. Security cameras on nearby homes or businesses, or from dash cams, may offer footage of a texting driver you didn’t know existed.
- Your lawyer secures a copy of a police accident report and can submit evidence to ask the responding officer to reexamine the case.
- Your attorney fights back when an insurer tries to blame you for what happened.
- Your attorney fights back when an insurer attempts to downplay your injuries as an excuse to offer you less.
- Your attorney files your claim with the texting driver’s insurer and handles the negotiations over how much you should receive, while you are allowed to focus on healing.
- A skilled lawyer often wins you much more in compensation than you could hope to win by filing a claim yourself.
How a Lawyer Can Help After a Hit-And-Run Accident
If you come away from an accident with just car damage and/or only very minor injuries, you may not need a lawyer to handle your case. But if you have a serious injury, and a driver holding a cellphone caused your accident, contact Maison Law Accident & Injury Lawyers of Bakersfield to schedule a free consultation. It’s a confidential, no-obligation review of your case with a real Bakersfield car accident attorney.
It’s a fact that the higher the medical bills go, the harder insurers make it for victims to earn support. But your full recovery is our top priority. We don’t stop fighting until you are 100% healed and have the money from a texting driver’s insurer or your own insurer to fully cover your bills.
If you end up needing our help, you don’t have to worry about how you’ll afford a great lawyer. We don’t charge anything up front, and we only get paid if we win your case for you. Then our attorney’s fee comes out of the settlement check that an insurance company writes for you.