Is It Illegal to Drive With A Cracked Windshield in California?

Driving with a cracked windshield can be more than just an eyesore and inconvenience; it can pose serious safety risks and legal repercussions. In California, the laws surrounding this issue are very specific and designed to uphold the safety of all road users. Whether your car has small cracks or one large crack in your windshield, ignoring the issue can become more trouble than what they are worth, so it is important to understand the legality of driving with a cracked windshield in California, the potential penalties, and the importance of maintaining a clear field of vision while driving.

California Windshield Regulations

According to California Vehicle Code Section 26710, it is illegal to operate a vehicle if the windshield or rear window is in a defective condition that impairs the driver’s vision. This section mandates that any windshield damage that obstructs the driver’s clear view must be repaired. Failure to follow this rule will result in a ticket that forces the driver to fix this issue within 48 hours and any continued failure will result in further legal punishment. 

What Constitutes a Cracked Windshield?

A cracked windshield can range from minor chips to extensive cracks that span the entire windshield. In California, the law is particularly concerned with any damage that impairs the driver’s vision. This includes:

• Large cracks: Any crack larger than 14 inches.
• Star cracks: Cracks that spread outwards in different directions.
• Bullseye cracks: Circular cracks caused by the impact of small objects.

Legal Consequences of Driving with a Cracked Windshield

Depending on the severity of the crack and provided it does not obstruct the driver’s field of view, your windshield may still be considered legal. However, driving with a cracked windshield that obstructs your view can lead to a traffic stop by law enforcement and issuing officer may subject the driver to a variety of potential consequences such as:

• Fix-it Ticket: For minor cracks, you may receive a “fix-it” ticket, which gives you a specified period to repair the windshield and have an officer verify the repair.
• Fines: Failing to repair the windshield within the given timeframe can result in fines. If the repair is not addressed promptly and correctly, additional fines may be given and increased.
• Vehicle Impoundment: In severe cases where the vehicle is deemed unsafe to drive, it could be impounded until the proper repairs are made.

What’s the Worst That Can Happen With a Cracked Windshield?

Driving with a cracked windshield is not only illegal but also dangerous. A damaged windshield can compromise the structural integrity of the vehicle, especially in the event of an accident. Some of the biggest safety concerns include the following:

• Obstructed View: Cracks can obstruct or distort the driver’s view, can make it difficult for drivers to see pedestrians, other vehicles, and road hazards and can potentially cause a severe accident.
• Weakened Structure: The windshield plays a critical role in supporting the vehicle’s roof. A compromised windshield can fail in a rollover accident can cause the car’s roof to cave in and potentially increase the risk of injury.
• Airbag Deployment: Modern vehicles rely on the windshield for proper airbag deployment and a cracked windshield may cause airbags to deploy incorrectly and suddenly, making them less effective.

Steps to Take if You Have a Cracked Windshield

If your windshield has suddenly, one of the first things that you should do is to assess the extent of the damage. Any small chips and cracks less than 14 inches can sometimes be repaired by injecting a resin into the crack and by doing so it can prevent the crack from spreading and becoming worse. On the other hand, any extensive damage such as large and complex cracks would require the entire windshield to be replaced by a certified technician.

Depending on the nature of the crack, many auto insurance policies cover windshield repair and replacement. It is recommended to check with your insurance provider to understand your coverage and whether you need to pay a deductible. However, it is important to regularly inspect your windshield for any signs of damage and address issues quickly, so you will be able to save future headaches and keep you and other drivers safe.

Common Causes of Windshield Cracks

Knowing the common causes of windshield cracks can sometimes help in preventing them or at least warn you that some smaller cracks could turn into bigger ones over time. 

• Road Debris: Small stones and debris kicked up by other vehicles can cause chips and cracks. These small chips and cracks can lead to bigger cracks due to the wind pressure and driving for a prolonged amount of time.
• Temperature Fluctuations: Sudden changes in temperature can cause the glass to expand and contract, leading to cracks.
• Improper Installation: An improperly installed windshield is more susceptible to damage and cracks.
• Accidents and Collisions: Both minor and major fender benders can result in windshield damage, but the severity of the damage will be dependent on the nature of the accident. 

Preventive Measures

When it comes to employing the best measures for windshield cracks, there are only so many things you can do. However, one of the most effective practices is to maintain a safe following distance from other vehicles and trucks, because it significantly reduces the risk of rocks or debris being kicked up and hitting your windshield and potentially causing cracks. Another assured way to prevent windshield cracks from forming is to avoid areas with temperatures such as parking your vehicle in direct sunlight or in extremely cold environments. While your preventive options are limited, just by following these practices you can significantly improve your chances of sustaining windshield cracks onto your car.

What Should I Do if I Get Ticketed for Driving With a Cracked Windshield? 

In California, if you have been ticketed for driving with a cracked windshield, you would need to pay associated fines and have your windshield fixed as soon as possible. Should you fail to follow through with these fines and repair requests, you may be subjected to additional fines and legal punishment. Besides legal consequences, it is a significant safety hazard which can lead to a variety of possible accidents and injuries. 

However, if you believe that you were subjected to an unlawful motor vehicle stop and would like to seek legal representation of the matter, contact us today by calling (213) 927-3700 or filling our contact form to schedule a free consultation with our compassionate and talented legal team.