Car accident safety · California
Safe Driving Guide for the Holidays: California Tips and Rules
The safest holiday drive in California comes down to a ready car, a phone you never hold, a seatbelt on everyone and a sober driver. Here are the rules, what changes in 2027, and what to do after a crash.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- Check your tires, brakes and open recalls before a long trip, and check road conditions before you leave.
- California bans holding a phone while driving. A mounted phone may be used with a single tap or swipe.
- Everyone 16 and older must wear a seatbelt, and children under 16 must be buckled or in a car seat. From January 1, 2027, a belt only counts if the rider passes the 5-Step test.
- Driving with a 0.08 percent blood alcohol level or higher is a crime, and so is driving impaired by drugs. Plan a sober ride before the party.
- Party hosts are generally not liable for a guest's drunk driving. The exception is an adult who knowingly serves alcohol at home to someone under 21.
- The CHP steps up patrols over Thanksgiving weekend. In 2024 its officers made more than 1,100 DUI arrests in 102 hours.
- If a drunk driver hits you, punitive damages may be possible. Most injury lawsuits must be filed within two years.
California holiday driving rules at a glance
Five California rules matter most on a holiday trip: no handheld phone, a seatbelt on every rider, the right car seat for every child, no impaired driving, and stopping and reporting after a crash.
| Rule | What it requires | Code section |
|---|---|---|
| Phones | Hands-free or voice only. A mounted phone may be used with one tap or swipe. | Veh. Code 23123.5 |
| Seatbelts | The driver and every passenger 16 and older must be belted. | Veh. Code 27315 |
| Seatbelts from 1/1/2027 | A belt counts only if the rider passes the 5-Step test. | AB 435 (2025) |
| Children under 2 | Rear-facing car seat unless 40 pounds or 40 inches tall. | Veh. Code 27360 |
| Children under 8 | Car seat or booster in a rear seat. A child 4 feet 9 inches or taller may use a belt. | Veh. Code 27360, 27363 |
| Children 8 to 15 | A car seat or a properly worn seatbelt. | Veh. Code 27360.5 |
| Alcohol and drugs | Under 0.08 percent, never impaired. 0.04 percent with a paying passenger or in a commercial vehicle. | Veh. Code 23152 |
| After a crash | Stop if anyone is hurt. Report to the DMV within 10 days when required. | Veh. Code 20001, 16000 |
Before you leave: prepare the car and the route
Get the car checked before a long trip, especially the tires, brakes, wipers and lights. Look up open recalls with your VIN at nhtsa.gov/recalls. Fill the tank, charge your phone and check the weather. For mountain passes, Caltrans QuickMap shows closures and chain controls.
- Plan the route. Pick an alternate route in case of closures, and leave earlier than you think you need to.
- Pack an emergency kit. Bring water, snacks, blankets, a flashlight, a phone charger and a first aid kit. Add chains if you are heading into the mountains.
- Plan for the kids. A bored child in the back seat is a real distraction, so pack things to keep them busy.
Use nhtsa.gov/recalls and Caltrans QuickMap. If a defect causes a crash, read when a car accident is due to a vehicle defect.
Phones, navigation and distraction
California bans holding and operating a phone while driving. You may use a phone hands-free or by voice. A phone mounted on the windshield, dashboard or center console, where it does not block your view, may be operated with a single tap or swipe. The simplest rule: set your route before you pull out, or hand navigation to a passenger.
The rule is in Veh. Code 23123.5. A second handheld-phone conviction within 36 months also adds a point to your driving record Veh. Code 12810.3. After a crash, phone records can show whether a driver was distracted.
Seatbelts and car seats, and the 2027 change
Every driver and every passenger 16 or older must wear a seatbelt. Children under 2 ride rear-facing unless they weigh at least 40 pounds or are at least 40 inches tall. Children under 8 ride in a rear seat in a car seat or booster. Children 8 to 15 must be in a car seat or a properly worn belt.
The seatbelt rule is Veh. Code 27315. The child passenger rules are Veh. Code 27360 and Veh. Code 27360.5. A child under 8 who is 4 feet 9 inches or taller may use a seatbelt instead of a booster Veh. Code 27363.
New on January 1, 2027: the 5-Step test
Assembly Bill 435 (2025) redefines "properly restrained by a safety belt" starting January 1, 2027. The age rules stay the same. A belt counts only if the rider passes all five steps AB 435 (Stats. 2025, ch. 434).
- The rider sits all the way back against the seat.
- The rider's knees bend over the edge of the seat.
- The shoulder belt crosses the center of the chest and shoulder, away from the neck.
- The lap belt sits as low as possible, touching the thighs.
- The rider can stay seated that way for the whole trip.
If your child slouches or tucks the shoulder belt behind their back on a long drive, keep the booster. For more on claims involving young passengers, see personal injury lawsuits when children are involved.
Impaired driving and holiday parties
Driving under the influence of alcohol or drugs is a crime in California, and so is driving with a blood alcohol level of 0.08 percent or more. The limit drops to 0.04 percent for commercial vehicles and for any driver carrying a paying passenger, including rideshare drivers. If you plan to drink, arrange a sober driver, a rideshare or a place to stay before the party starts.
These rules are in Veh. Code 23152. Causing injury while driving under the influence is a separate crime Veh. Code 23153.
Are party hosts responsible?
Usually not. California law protects a social host who serves alcohol from liability for what a guest does afterward Civ. Code 1714(c). There is one important exception. A parent, guardian or other adult who knowingly serves alcohol at their home to someone they know, or should have known, is under 21 can be held responsible for the injuries that follow Civ. Code 1714(d).
CHP holiday enforcement
The California Highway Patrol puts extra officers on the road over Thanksgiving weekend, watching for unbelted riders, impaired drivers and speeding. In 2025 the Thanksgiving enforcement period ran from 6:01 p.m. Wednesday through 11:59 p.m. Sunday. The CHP announces each year's dates shortly before the holiday.
According to the CHP's November 2025 release, 36 people died in crashes across California that weekend. Within CHP jurisdiction, 14 vehicle occupants were killed, and 6 of them were not wearing a seatbelt. Officers made more than 1,100 DUI arrests in the 102-hour effort.
Slow down in rain and fog, carry chains in the mountains, and let aggressive drivers go. On long drives, take breaks and switch drivers when you feel drowsy.
If a crash happens anyway
Stop, check for injuries and call 911. Exchange information, photograph the scene and see a doctor even if you feel fine. Report the crash to the DMV within 10 days if anyone was hurt or if property damage to any one person was over $1,000. Talk to a lawyer before you give the other driver's insurer a statement.
California requires every driver in an injury crash to stop at the scene Veh. Code 20001(a). If the other driver took off, read our guide to hit-and-run crashes in California. The DMV report on form SR-1 is required by Veh. Code 16000(a), even if police came to the scene. For the full checklist, see our California car accident lawyer page.
Hurt on a holiday trip? Talk to an attorney before the insurer calls. Call (888) 264-3780, answered 24/7.
Your rights if a drunk driver hits you
You can claim medical bills, lost income, vehicle damage and pain and suffering. Drunk driving can also support punitive damages when it shows a conscious disregard for others' safety. If you were uninsured, the other driver's DUI conviction keeps your right to pain and suffering. Most injury lawsuits must be filed within two years.
The California Supreme Court held that driving while intoxicated may be malice when it shows a conscious disregard of the probable dangerous consequences Taylor v. Superior Court (1979) 24 Cal.3d 890. Today the statute requires despicable conduct with a willful and conscious disregard of others' safety, proven by clear and convincing evidence Civ. Code 3294.
Prop 213 normally bars pain and suffering for uninsured drivers Civ. Code 3333.4. An uninsured vehicle owner keeps that right when the other driver was convicted of DUI for the crash Civ. Code 3333.4(c). Our Prop 213 guide covers the details. The two-year filing deadline is CCP 335.1, and a claim against a public entity is usually due within six months Gov. Code 911.2(a). When a crash takes a life, the family may have a wrongful death claim.
Try our car accident settlement calculator for an illustrative damages calculation, or enter your crash date in the California Claim Clock. We take cases in all 58 California counties from our San Diego office.
Questions
Holiday driving and crash questions
Can I get punitive damages from a drunk driver in California?
Sometimes. The California Supreme Court has held that driving while intoxicated can be malice when it shows a conscious disregard of the probable dangerous consequences (Taylor v. Superior Court, 1979). Punitive damages require clear and convincing proof of malice, oppression or fraud (Civil Code section 3294), so the facts matter.
Is a party host liable if a guest drives drunk and causes a crash?
Usually not. California law protects social hosts who serve alcohol from liability for what a guest does afterward (Civil Code section 1714(c)). The exception is a parent, guardian or other adult who knowingly serves alcohol at their home to someone they know, or should have known, is under 21 (Civil Code section 1714(d)). The drunk driver remains responsible either way.
Can I use my phone for GPS while driving in California?
Only hands-free, or with the phone mounted on the windshield, dashboard or center console where it does not block your view. A mounted phone may be operated with a single tap or swipe (Vehicle Code section 23123.5). Holding the phone to use the map is not allowed.
Is California's seatbelt law changing in 2027?
Yes. Starting January 1, 2027, a seatbelt only counts as properly worn if the rider passes the 5-Step test: back against the seat, knees bent at the seat edge, shoulder belt across the chest and shoulder, lap belt low on the thighs, and able to sit that way the whole trip. Children 8 to 15 who cannot pass it need a booster or car seat (AB 435, Statutes of 2025, chapter 434).
Does the CHP increase patrols over Thanksgiving?
Yes. The CHP runs a holiday enforcement period over Thanksgiving weekend, focused on seatbelts, impaired driving and speed. During the 2024 Thanksgiving period, its officers made more than 1,100 DUI arrests in 102 hours.
What should I do after a car accident during the holidays?
Call 911 if anyone is hurt, exchange information, take photos and get witness names. See a doctor even if you feel fine. File an SR-1 report with the DMV within 10 days if anyone was injured or property damage to any one person was over $1,000. Talk to a lawyer before giving the other driver's insurer a statement.
What if the driver who hit me drove away?
Leaving the scene of an injury crash is a crime in California (Vehicle Code section 20001). Call 911 and look for cameras and witnesses. If the driver is never found, the uninsured motorist coverage on your own policy may pay for your injuries.
How long do I have to file a car accident injury claim in California?
Most car accident injury lawsuits must be filed within two years of the crash (Code of Civil Procedure section 335.1). If a city, county, state agency or other public entity is involved, a written claim is usually due within six months (Government Code section 911.2). Our Claim Clock shows your dates.
Sources
- Vehicle Code section 23123.5 (handheld phones) and section 12810.3 (violation point).
- Vehicle Code section 27315 (seatbelts).
- Vehicle Code section 27360, section 27360.5 and section 27363 (child passengers).
- Assembly Bill 435 (Stats. 2025, ch. 434) (the 5-Step test, operative January 1, 2027).
- Vehicle Code section 23152 and section 23153 (DUI).
- Civil Code section 1714 (social host liability).
- Vehicle Code section 20001 (duty to stop) and section 16000 (SR-1 report).
- Taylor v. Superior Court (1979) 24 Cal.3d 890 and Civil Code section 3294 (punitive damages).
- Civil Code section 3333.4 (Prop 213).
- Code of Civil Procedure section 335.1 and Government Code section 911.2 (deadlines).
- California Highway Patrol Thanksgiving safety release (November 24, 2025).
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