If you are driving a car or riding a bike in California, you may be tempted to listen to music with your headphones. However, drivers are obligated to pay full attention to the road and avoid distractions. Therefore, driving while wearing headphones in both of your ears is illegal in the state. Staying alert is a crucial aspect of motorists’ and cyclists’ duty of care, so if they violate this law and wear headphones while driving, they might be liable for an accident and injuries.
At Younglove Law Group, we understand California’s complex laws and their exceptions, including the prohibition of headphones. If you suffered injuries due to the negligence of someone wearing headphones, we can help you navigate the complex claim process and collect evidence to hold the liable party accountable. With over 20 years of experience, you can trust us to take on your claim and fight for your rights every step of the way.
Are You Allowed to Wear Headphones When Driving in California?
As a driver in California, you must always be aware of your surroundings. This includes listening closely for pedestrians, honking, emergency vehicle sirens, and other noises that can indicate the need to slow down, stop, or pull over. Therefore, California prohibits motorists and bicyclists from wearing headphones. According to California Vehicle Code 27400, no individual operating a vehicle or bicycle can legally wear headphones, earplugs, or a headset that covers both ears.
This means headphones can only cover one ear, and having both ears covered is illegal. Violating this law can result in a $197 fine and a point on your driving record. If someone wears headphones covering both ears while driving or riding a bike and causes you harm, we can help prove their negligence and fight for the compensation you deserve.
6 Exceptions to California Law’s Headphone Prohibition
In addition to the one-ear exception with California’s no-headphones law, there are other exceptions to this rule. Drivers and bicyclists who are allowed to wear headphones, earplugs, or a headset covering both ears include the following:
- Drivers authorized to operate emergency vehicles
- Someone wearing safety earplugs for refuse collection
- Construction equipment operator
- Someone working on highway maintenance
- Someone wearing hearing protectors to reduce noise but do not impair their ability to hear a horn or siren
- Prosthetic hearing device wearer
If you were driving with headphones on due to one of these exemptions and suffered injuries in an accident, the liable party and insurance adjusters may try to blame you for the collision. Our skilled lawyers at Younglove Law Group understand these tactics and the exceptions to the headphones law to fight for your rights. With medical records, video footage, witness testimony, and the police report, we can prove you lawfully wore headphones and the liable party directly caused the accident and your injuries.
Can You Recover Damages if You Wore Headphones While Driving in California?
If you were illegally wearing headphones while driving or riding your bicycle and were injured in an accident, you may wonder if you can still receive compensation for your losses. California’s pure comparative negligence rule can make this possible. This system assigns each party involved in the accident a percentage of fault, which is deducted from their respective damages.
For example, if you are 40% responsible for an accident because you were wearing headphones, your compensation will be reduced by 40%. Insurance companies will often do everything possible to lowball you and assign you an unfair fault percentage, so we consider every detail when calculating your claim’s worth and develop nuanced strategies to negotiate a fair settlement on your behalf.
Seek Guidance From the Knowledgeable Lawyers at Younglove Law Group Today
Navigating the complexities of California’s headphone laws can be challenging, especially if you have been injured by someone violating these regulations. At Younglove Law Group, we have a proven track record of securing over $50 million for our clients. Our team is well-versed in these laws and can provide the trusted guidance needed to build a strong case.
We meticulously gather evidence, including medical records, video footage, and witness testimony, to prove negligence and fight for the compensation you deserve. Let us handle the legal intricacies while you focus on your recovery. Contact us today at (949) 691-3660 or fill out our contact form.
