Daniel Carter | August 19, 2026 | Car Accidents near Fresno, CA
Most California drivers know texting behind the wheel is illegal, but the state’s restrictions extend to other handheld phone use. Under California law, drivers generally cannot hold and operate a phone while driving.
In 2025, a California appellate court clarified that this prohibition includes holding a phone to view an app. Understanding these restrictions can help drivers avoid distracted driving and may also become relevant after a car accident.
What the No-Touch Law Prohibits
California’s no-touch rule falls under Vehicle Code § 23123.5, which broadly prohibits the use of a handheld wireless device while driving. After the 2025 appellate ruling, the law clearly prohibits holding a phone while using its functions, including simply viewing an app on the screen.
Prohibited activities include:
- Holding your phone to view an app
- Swiping the screen while the phone is in your hand
- Reading and sending texts and other messages
- Picking up the phone to check a notification
These restrictions apply whether you are actively moving in traffic or sitting at a red light. There is no exception for being stopped. California treats this as a primary enforcement violation as well, meaning an officer can pull you over solely for seeing you hold your phone.
How You Can Legally Use Your Phone While Driving
The law does not ban all phone use outright. Drivers are still allowed to use their devices in a hands-free capacity, but there are specific conditions that must be met. Your phone must be mounted to the dashboard, windshield, or center console in a way that does not obstruct your view of the road. From there, the only physical interaction the law permits is a single swipe or tap to utilize a feature.
Beyond that, voice-operated commands are the safest way to stay within the law. Using voice activation to start navigation through a mounted device, for instance, is permitted. The law also carves out exceptions for calls to emergency-services professionals.
Drivers under 18 face even tighter restrictions under Vehicle Code § 23124. Minors are prohibited from using any wireless device while driving, including hands-free options.
How Can a Violation Affect a Personal Injury Claim?
Cell phone use behind the wheel is not just a traffic issue. If a driver is using their phone at the time of a crash, that violation can serve as evidence of negligence in a personal injury case. Under California’s negligence per se doctrine, violating a safety statute like the no-touch law may be relevant when establishing negligence.
For anyone injured by a distracted driver in a car or motorcycle accident, a documented cell phone violation may provide evidence supporting an injury claim. On the other hand, if you were the one using your phone at the time of the accident, that violation could be used to assign partial fault to you under the state’s comparative negligence rules.
Contact the Fresno Car Accident Lawyers at Carter Law Group for Help Today
California’s restrictions on handheld phone use are intended to reduce distracted driving and the crashes it can cause. When a driver violates these rules and causes an accident, evidence of their phone use may become relevant to an injury claim.
If you were injured in a crash involving a distracted driver, Carter Law Group can investigate what happened and explain your legal options. If you need help, contact our experienced Fresno car accident attorneys to schedule a free consultation today.
Visit Our Personal Injury Law Firm in Fresno, CA
Carter Law Group
2445 Capitol St #105, Fresno, CA 93721, United States
(559) 485-1212
