Texting/Distracted Driving Laws in Texas
As a driver, you know that you have to concentrate on the road at all times when driving. If you aren’t, you endanger yourself, your passengers, and people around you. Unfortunately, not all drivers realize this, and that’s why many engage in distracted driving behaviors, particularly texting, when operating a motor vehicle.
Almost all states, including Texas, ban texting and driving to curb the habit of distracted driving and make our roads safer.
As an auto accident attorney at The Fostel Law Firm in Houston, I have seen firsthand the devastating impact distracted driving can have on victims. What shocks me the most is that many of those who caused accidents due to distractions didn’t know they were breaking the law.
For this reason, I decided to do an overview of texting and distracted driving laws in Texas to help everyone understand what they should and shouldn't do while operating a vehicle.
The Dangers of Distracted Driving
Generally, distracted driving involves any activity that diverts attention from driving, including texting, talking to passengers or on the phone, eating, drinking, or adjusting in-car technologies. In 2022 alone, distracted driving killed more than 3,300 people in the United States, according to the National Highway Traffic Safety Administration (NHTSA). Those are the known cases. The real extent of the problem remains unknown.
The statistics underscore the grave consequences of failing to keep full attention on the road. But why does it happen? That’s because the human brain struggles to handle multiple tasks simultaneously. When drivers split their attention, their reaction times slow down, and their ability to analyze traffic situations diminishes. This increases the likelihood of accidents, which can result in injuries, fatalities, and property damage.
What Is Texas Distracted Driving Law?
Texas has implemented laws to combat distracted driving, particularly focusing on cellphone use behind the wheel. These laws are designed to mitigate distractions and enhance road safety.
Texas prohibits drivers from reading, writing, or sending electronic messages while operating a vehicle. The ban on texting while driving has been effective across the state of Texas from September 1, 2017, according to the Texas Department of Transportation.
This means any form of communication, such as texting or using social media apps, is not allowed unless the vehicle is stopped or drivers use voice-activated features. The rationale behind this law is to minimize distractions for drivers. Violating these laws can result in fines, and repeated offenses may lead to higher penalties.
The Texas Hands-Free Law
Under the Texas Hands-Free Law, drivers are required to use hands-free devices if they need to communicate while driving. This legislation aims to reduce the physical distraction of holding a phone and to keep drivers focused on the road.
Devices such as Bluetooth headsets and in-car systems that allow voice commands are permissible, enabling drivers to make calls without handling their phones. The hands-free law is part of Texas's broader efforts to decrease road accidents caused by distracted driving.
Which Activities With a Cell Phone Are Banned in Texas?
In Texas, several activities involving cell phones are prohibited while driving to curb distracted driving. These include:
Reading any form of electronic messages
Writing or typing text messages
Sending electronic messages, which encompasses texting and emailing
Using apps for messaging or browsing social media
Taking photos or videos
Playing games
Watching videos or streaming content
Each of these activities diverts attention from the road, increasing the likelihood of accidents. The state enforces these bans to ensure drivers maintain their focus, prioritize road safety, and reduce potential hazards.
Drivers with Learner's Permits Are Prohibited from Using Cellphones in the First Six Months of Driving
To foster safe driving habits from the outset, Texas law prohibits drivers with learner's permits from using cell phones during their first six months of driving. This restriction is crucial because novice drivers are still developing their skills and gaining experience on the road.
Allowing cell phone use could overwhelm them, increasing the risk of accidents. By eliminating this distraction, the law aims to help new drivers focus entirely on learning to drive responsibly and react to traffic situations appropriately.
Using Any Handheld Device in Your Vehicle in a School Zone Is Illegal
Texas law strictly prohibits the use of any handheld devices when driving through school zones. This regulation is put in place to protect children and pedestrians who are at greater risk due to their presence in these areas.
School zones often have reduced speed limits and increased foot traffic, necessitating heightened driver attention. Handheld devices divert attention, which can be particularly dangerous in environments where quick reactions are crucial.
Drivers Under the Age of 18 Are Prohibited from Using Handheld Devices
In Texas, drivers under the age of 18 are prohibited from using handheld devices while driving. This law recognizes that younger drivers may lack the experience to manage the complexities of driving and using a device simultaneously.
Teen drivers are statistically more prone to accidents, and introducing additional distractions can exacerbate this vulnerability. The prohibition encourages young drivers to focus solely on the road and develop attentive driving habits early on.
School Bus Drivers May Not Use Cellphones at All While Driving If Children Are Present
To ensure the utmost safety for children, Texas law prohibits school bus drivers from using cellphones while driving if children are present. School buses carry precious cargo, and any form of distraction can pose significant risks. This law reinforces the responsibility of bus drivers to maintain full attention on the road and their passengers at all times.
Cellphone Laws Can Change from City to City
While Texas has state-wide distracted driving laws, it's crucial to be aware that cellphone regulations can vary across different cities within the state. Some cities may implement stricter measures, such as outright bans on all cellphone use while driving.
Drivers should familiarize themselves with local ordinances whenever entering a new jurisdiction. Staying informed about these variations is essential for compliance and ensuring road safety.
Injured or Lost a Loved One in a Distracted Driving Accident?
If you or someone you love has been involved in an accident caused by a distracted driver, you might need the assistance of an experienced auto accident attorney to help you seek justice and recover the compensation to which you are entitled.
At The Fostel Law Firm, I know what evidence to look for to prove the other driver was distracted at the time of an accident to maximize your compensation. With three offices in Texas, I serve injured victims and families of those who lost their loved ones nationwide. Call my office or complete the form below to schedule your consultation and discuss how I can help.