Can I get a ticket for ‘rubbernecking’ or recording near car crash? What CHP says
If you’ve ever slowed down to stare at a crash — or pulled out your phone to record it — you might want to think twice.
The California Highway Patrol’s Modesto Area Office recently warned drivers about the dangers of slowing down or filming near traffic collisions.
“Nothing is more frustrating than seeing motorists drive through an active crash zone filming the carnage on their cell phone ... directly in front of law enforcement,” the CHP wrote in an Oct. 29 Instagram post.
Can drivers get a ticket for “rubbernecking” or recording near a car crash?
As part of How to California, a community-driven series helping readers navigate life in the Golden State, The Sacramento Bee asked CHP officials to explain.
Here’s what law enforcement officials said:
Can I get a ticket for ‘rubbernecking’ near a car accident?
The California Vehicle Code doesn’t have a rule that specifically uses the word “rubbernecking,” CHP Officer Ruben Jones told The Bee.
According to The Advocates Personal Injury Law Firm, which operates in California, the term refers to drivers taking their eyes off the road to look at something off to the side.
“There are a variety of reasons a curious person might slow down for a better view of something off the shoulder of the highway,” the law firm said on its website.
While “rubbernecking” is usually linked to car crashes, the law firm said, drivers can also be distracted by wildlife, scenery or other roadside events.
“Rubbernecking is not illegal. It’s basically just looking out your window,” Jones said. “There is no technical violation.”
However, drivers can still be cited under existing traffic laws if their behavior creates a safety risk.
Under California’s Vehicle Code, drivers can be ticketed for driving too slowly if they block traffic or disrupt the normal flow of vehicles.
“If somebody were to slow down just to get a look at the collision scene, they could be subject to a citation,” Jones said.
Can I legally use my phone while driving in California?
In June, California updated its rules on what you can — and can’t — do with a cellphone while on the road.
According to the California Vehicle Code it’s illegal to operate a motor vehicle while holding a phone or electronic device unless it is designed to allow voice-operated and hands-free use.
Even if traffic is stopped, Jones said, drivers can still be cited for recording near a crash.
“Once a vehicle is in transit and being operated, whether you are at a stoplight or stop sign, you cannot use your phone,” Jones said.
That includes briefly taking out your phone to snap a photo or record a short video.
What if I’m a passenger in the vehicle?
Passengers are allowed to take pictures or videos while in a moving car, since they are not operating the vehicle, Jones said.
What happens if you are caught using your phone while driving?
If you’re caught texting or holding a cellphone while driving, a first-time violation carries a minimum fine of $162, according to CHP.
“The fine amount increases with each subsequent violation,” the department said on its website.
According to Shouse California Law Group, possible consequences for using your phone while driving in California also include potentially having your license suspended and points being added to your driver’s record.
In California, if a driver racks up a certain number of points on their record within one, two or three years, the Department of Motor Vehicles can label them a negligent operator and suspend or even revoke their license.
Those points are also shared with insurance companies — and that often means higher insurance rates, according to Progressive.
