Driving or riding a bicycle in California requires full attention to your surroundings. Listening to music or taking calls with both ears covered by headphones might seem harmless, but it can interfere with a driver’s or cyclist’s ability to detect hazards, hear sirens, or respond to warning signals. For this reason, California law prohibits the use of headphones that cover both ears while operating a vehicle or bicycle.
At the Law Offices of Brent W. Caldwell, we have handled cases where driver distraction caused by unlawful headphone use played a direct role in serious injuries. If you were hurt in an accident involving a distracted driver or cyclist wearing headphones, you may have grounds for a claim.
Is It Legal to Wear Headphones While Driving in California?
Under California Vehicle Code § 27400, drivers and bicyclists are not allowed to wear a headset, headphones, or earplugs in both ears while operating a vehicle or bicycle. The law exists to ensure drivers and cyclists can hear external sounds, including emergency vehicle sirens, horns, and other warning signals.
The rule is simple: you may wear a single earbud or headphone in one ear, but not both. Violating this law can lead to a traffic citation, a fine of $197, and a point on your driving record. More importantly, if the person wearing headphones causes a crash, their use of headphones may be considered negligence.
If you were injured in a crash involving someone who was wearing headphones unlawfully, we can help gather evidence and determine whether their distracted driving played a role in the collision.
Exceptions to California’s Headphone Law
There are a few exceptions to the state’s ban on dual-ear headphone use. In specific situations, individuals may legally wear devices covering both ears, including:
- Drivers of authorized emergency vehicles
- Sanitation workers using protective earplugs during collection
- Construction equipment operators
- Highway maintenance workers
- Individuals using hearing protection devices that reduce harmful noise but still allow the wearer to hear horns and sirens
- Those using prosthetic hearing aids
Even with these exceptions, the individual must still act with reasonable care. If you fall under one of these categories and were involved in an accident, insurance companies may still attempt to shift blame. We understand how to present the facts clearly and protect our clients from being unfairly blamed for crashes they did not cause.
What Happens if You Were Wearing Headphones During an Accident?
If you were wearing headphones while driving or cycling and were injured in a crash, that does not automatically prevent you from recovering compensation. California follows a pure comparative negligence rule. This means that each party involved in the accident can be assigned a percentage of fault, and your compensation will be reduced by your share of responsibility.
For example, if it is determined that you were 30% at fault because you were wearing headphones, and your total damages were $100,000, your recovery would be reduced to $70,000.
Insurance companies may try to use headphone use as an excuse to reduce your claim, even if the other driver was clearly more at fault. That is why it is important to work with a law firm that understands how to challenge these arguments and present the full picture.
Injured by a Driver Wearing Headphones? We Can Help.
At the Law Offices of Brent W. Caldwell, we investigate accidents thoroughly to determine whether someone was distracted or breaking the law at the time of the crash. If a driver or cyclist was wearing headphones in both ears, that may be an important factor in proving negligence.
We work with medical professionals, accident reconstruction experts, and investigators to build a strong claim for compensation. Our firm handles personal injury claims on a contingency fee basis, which means you do not pay any attorney’s fees unless we recover compensation for you.
If you were injured in an accident involving someone wearing headphones, or if you were wearing headphones and are unsure how that may affect your case, we encourage you to reach out. We offer free consultations and are ready to help you understand your legal options.
