CVC 23115a: Why Tossing a Cigarette Can Lead to a Lawsuit

It’s a common sight on California’s roads. A driver flicks a still-lit cigarette butt out of their car window. Many people see this as simple littering. However, it is much more. This careless act is a specific violation of CVC 23115a. This law is designed to prevent fires and accidents. While the immediate penalty might be a hefty fine, the potential civil liability can be catastrophic. It can run into the millions of dollars.

This article will break down what California Vehicle Code 23115a prohibits. More importantly, we will explore how this seemingly minor offense can become key evidence in a major lawsuit for property destruction or serious injuries.

What Exactly Does CVC 23115a Prohibit?

The language of CVC 23115a is broad and clear. According to the official text on the California Legislative Information website, the law states that no person shall throw or discharge from any vehicle any “lighted or non-lighted cigarette, cigar, match, or any flaming or glowing substance.”

This law applies to:

• Any flaming or glowing item: While cigarettes are common, this also includes ashes from a pipe, embers from a grill, or even fireworks.
• Any location: The law prohibits tossing these items “from or upon any road or highway or adjoining area, public or private.” This means it’s illegal to do it on a city street, a rural highway, or a private driveway.

A violation of this law is an infraction. It comes with a minimum fine of $100 for a first offense. This fine can increase to $1,000. Additionally, a court will typically order the violator to perform community service, often involving litter cleanup.

The Danger of Violating CVC 23115a

The penalties for violating CVC 23115a are so strict because the potential consequences are devastating. This is especially true in California’s dry climate.

Wildfire Risk

A single smoldering cigarette butt tossed into dry grass can ignite a catastrophic wildfire in minutes. According to Cal Fire, vehicle-related activities are a leading cause of wildfires. A fire started by one tossed cigarette can:

• Destroy thousands of homes and acres.
• Cause severe burn injuries or even death.
• Lead to hundreds of millions of dollars in property damage.
• Force entire communities to evacuate.

Traffic Accident Risk

Beyond the fire risk, tossing objects from a car can also directly cause traffic accidents.

• Swerving Drivers: A driver might swerve to avoid a lit object. This can cause them to lose control and crash.
• Motorcyclist Injuries: A lit cigarette can strike a motorcyclist. This can cause a serious distraction, burns, or cause the rider to lose control.

“Negligence Per Se” and CVC 23115a Claims

This is the most critical concept for victims. In a normal Personal Injury case, the injured person (the plaintiff) has to prove the other person was negligent. However, when a person violates a safety law like CVC 23115a, a legal doctrine called “negligence per se” can apply.

“Negligence per se” means the act of breaking the law is, in itself, considered negligent. The plaintiff does not have to separately prove the defendant’s action was careless. To use this doctrine in California, one must generally show:

1. The defendant violated a statute like CVC 23115a.
2. The violation caused the plaintiff’s death or injury.
3. The death or injury resulted from an event the law was designed to prevent (a fire or accident).
4. The plaintiff was in the class of persons the law was meant to protect.

If a driver tosses a cigarette and it starts a fire that burns your home, their violation of the law can automatically establish their negligence in your lawsuit. This is a powerful legal advantage.

What to Do After a CVC 23115a Violation

If you have suffered property damage or a personal injury because of a fire or accident you believe a violation of CVC 23115a caused, you have the right to file a civil lawsuit. This lawsuit can seek compensation for all of your losses.

If you witness someone throwing a lit cigarette from their car, the safest thing to do is to pull over and report it. Note the license plate number, a description of the car and driver, and the location. Then, report it to the California Highway Patrol (CHP) or a local fire authority.

How KAASS LAW Can Help

Proving that a specific driver’s violation of CVC 23115a caused a large fire or a complex accident can be very challenging. It requires a swift and thorough investigation. At KAASS LAW, our attorneys have extensive experience handling catastrophic Personal Injury and property damage claims.

We work with fire origin experts and accident reconstruction specialists. Our team investigates to trace the cause of a disaster back to its source. We know how to use evidence of a vehicle code violation to build a powerful negligence per se case. Our goal is to hold negligent individuals accountable. We fight to secure the full compensation our clients need to rebuild their lives. If a fire or accident has harmed you, please Contact Us for a free, confidential consultation.

Conclusion

California Vehicle Code 23115a is far more than a simple littering law. It is a critical public safety statute. A single careless act of tossing a cigarette from a car can lead to unimaginable destruction and loss. For the person who violates this law, the consequences can go far beyond a small fine. They can extend to massive civil liability for all the damage they cause. For the victims of such negligence, understanding the power of CVC 23115a is the first step toward seeking justice.