California’s No-Touch Phone Law: What Drivers Should Know

Every time you get behind the wheel in California, your attention is the difference between arriving safely and dealing with serious consequences. One of the most persistent hazards on our roads is distracted driving, and thanks to recent legal changes, the rules around phone use while driving have become much stricter.

Even a quick glance can take your attention off the road at the wrong moment. That’s why California’s No-Touch Phone Law matters and why it can play an important role if you’re involved in an injury claim after a crash.

What Is California’s No-Touch Phone Law and What Changed?

As of June 3, 2025, California law prohibits drivers from holding a phone while operating a vehicle, even just to glance at a map or screen. This ruling, issued by the California Court of Appeal, clarifies that any handheld interaction with a phone while driving is illegal under Vehicle Code § 23123.5(a).  

So what changed?

Before this ruling, many drivers believed it was legal to hold a phone, as long as they weren’t actively tapping or swiping. The law banned “holding and operating” a phone, but the term “operating” wasn’t clearly defined.

In People v. Porter, the Court clarified that even looking at a screen while holding the device qualifies as “operating” it. This closed a longstanding loophole and now makes any handheld phone use while driving illegal, even at a red light. Read the full published decision in People v. Porter (2025)

How California’s No-Touch Phone Law Can Strengthen Your Car Accident Injury Claim

If someone causes a car accident while handling a phone while driving, that behavior may be considered evidence of fault under California law. This could make it easier for injured victims to pursue a personal injury claim. Under the state’s no-touch phone law, even holding a phone, without texting or swiping, is considered illegal. If this happens in a crash, it may help support the argument that the other driver was responsible.

What Types of Phone Use Are Now Illegal?

Here’s what California drivers can no longer do legally:

• Hold a phone while stopped or in motion
  

• Glance at a phone in hand, even for GPS directions
  

• Swipe, scroll, or interact in any handheld way

The only exceptions are for phones mounted on the dashboard or windshield, and only if the driver uses voice commands or makes a single tap or swipe.

Common Accident Scenario: A Rear-End Collision

Imagine you’re sitting at a stoplight and another vehicle slams into you. If a witness or police officer sees the other driver holding a phone, it may create a strong basis to pursue a personal injury claim for:

• Medical expenses
  

• Lost wages from missed work
  

• Pain and suffering
  

• Long-term disability or trauma
  

What to Do If You Think the Other Driver Was Distracted

Every accident is different, but gathering information at the scene can often help later if you decide to pursue a claim. Here are a few steps that may be helpful:

• If it’s safe to do so, consider taking photos or video at the scene, especially if the other driver is still holding their phone.
  

• If there are witnesses nearby, ask what they saw. A quick note or voice memo on your phone can help preserve those details.
  

• Let the responding officer know if you suspect the other driver was distracted. If relevant, this may be included in the police report.
  

• Consider seeking legal representation early. Acting quickly can help preserve important evidence and protect your rights moving forward.

For more guidance on what to do after an accident, check out our article on the 5 key steps to take after a car accident when seeking legal help. It walks you through what to expect and how to protect your rights.

Why This Law Is Matters for Injury Victims

Distracted driving remains one of California’s top causes of vehicle crashes. With the updated no-touch interpretation, victims now have a clearer legal footing to stand on when proving the other driver was not paying attention. At Gomerman | Bourn & Associates, we work diligently to hold negligent drivers accountable and secure compensation for our clients’ injuries.

Need Help After an Accident?

If you were hurt in an accident and believe the other driver was using a phone, California’s no-touch phone law could be helpful to your case. Contact us today or give us a call at 415-545-8608 for a free, no-obligation consultation, and let us help you take control of your recovery.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Every case is different, and legal outcomes depend on individual facts and circumstances. For advice about your specific situation, please contact us.