Wondering, “Is texting and driving illegal in Texas?” You’re in the right place.
This guide answers your questions about Texas distracted driving laws—including texting bans, hands-free rules, and legal consequences for violators.
We’ll also break down why distracted driving is so dangerous, highlight common behaviors that lead to crashes, and explain how to seek compensation if you’ve been injured by a negligent driver.
By the end, you’ll understand your rights, the risks, and the steps to protect yourself legally. Let’s dive in.
What Does Texas Law Say About Texting and Driving?
In September of 2017, Texas enacted a statewide ban on texting while driving. This ban went into effect in an effort to curb automobile accidents caused by distracted driving. Despite the fact that texting and driving is illegal in Texas and 46 other states, we still see drivers on their cell phones while on U.S. roads.
Under Texas Transportation Code § 545.4251, drivers cannot hold a phone to talk or text while operating a vehicle, but they can use hands-free methods such as Bluetooth or GPS. The best course of action is to set up your travel route before you begin driving and use voice commands to make adjustments when needed.
Many cities throughout the state also have additional local ordinances banning any and all cell phone use while driving.
Unfortunately, these rules still aren’t deterring people from partaking in these dangerous driving behaviors. If you are hit by someone who was texting and driving, or engaging in any other distracted driving actions, you could have the right to seek compensation from them.
Why Is Texting While Driving So Dangerous?
Driving demands skill, experience, and focus. No matter how long you’ve been driving, you can’t skip out on paying attention to what you’re doing, since every trip is completely unique. Texting while driving is so dangerous because it takes your focus off the road and what’s happening around you.
Texting while driving involves all three types of distraction:
- Cognitive: – Because you’re thinking about what message you want to send or what you’ve just received, your mind is not fully on the road and traffic conditions. Your reactions will be slower, and you’re more likely to miss important information that could help you avoid a crash.
- Visual: To use a cell phone, even with hands-free devices, you usually have to look away from the road. The National Highway Traffic Safety Administration (NHTSA) found that looking at a cell phone for just five seconds at 55 mph is the same as driving the length of a football field with your eyes closed.
- Manual: Handling a cell phone instead of using hands-free methods means you’re taking at least one hand off the steering wheel. If a car suddenly swerves into your lane, you could struggle to react and end up in a crash.
The Texas Department of Transportation (TxDOT) reports that as many as 20% of all vehicle accidents in the state were caused by a distracted driver. These accidents led to 373 deaths and 2,587 serious injuries.
Talking Is Just as Dangerous as Texting
Though Texas law explicitly discusses texting on one’s mobile device, it does not mention talking or interacting with wearable technology while driving. Texting while driving only accounts for 5% of cell phone-related crashes, while drivers talking on cell phones cause the rest. Unfortunately, there is no safe way to use a cell phone while driving.
Many drivers believe talking on the phone rather than texting is a safer alternative, but studies have revealed that talking while driving is dangerous. Using hands-free technology isn’t a safer alternative either. Whether drivers are using talk-to-text or hands-free calling, they are at the same risk of causing an auto accident.
Remember that looking away from the road for just a few seconds is the same as driving a football field with your eyes closed. This is true for talking on the phone, as a person needs to look at the phone to tap the button to accept the call and to hang up. During that time, these drivers could miss pedestrians, traffic lights, or signs, causing devastating accidents such as rear-end collisions, broadside collisions, leading to life-changing car accident injuries and even fatal car accidents.
Other Distracted Driving Behaviors That Could Cause a Crash
People also wrongfully assume they are good at handling other actions while driving, but multitasking is actually a myth.
When the brain is forced to do more than one thing at once, it cannot perform any of the tasks to its fullest ability. This results in a much slower reaction time and decreased cognitive function.
Losing reaction time and the ability to think quickly while driving means a greater chance of causing accidents and harm to others. While cell phones are commonly involved in these collisions, there are many other behaviors that distract drivers, including:
- Eating or drinking
- Personal grooming
- Talking to other passengers, especially if the conversation is highly emotional
- Handing objects to backseat passengers
- Reaching for items that have fallen to the floor
- Sightseeing or looking for landmarks
- Focusing on the GPS directions and failing to see roadblocks or other vehicles
- Driving while fatigued or drowsy
As with texting while driving, these activities involve one or more types of distraction. Every driver is responsible for obeying the rules of the road and driving safely to protect others. When someone fails to take all precautions and hurts you, your car accident lawyer can work to gather evidence showing the other driver’s negligence.
How Do You Show Negligence in a Distracted Driving Accident Claim?
When you’ve been hurt by a distracted driver, the burden of proof is on you to present evidence showing how they are at fault. In Texas, all drivers must carry liability insurance to pay for injuries and damage they cause in a crash. You can begin by filing a claim against the at-fault driver’s policy, especially if your losses are within the policy coverage limits.
You will need to use evidence such as police accident reports, cell phone records, witness statements, and video from dashcams and traffic cameras.
By analyzing these materials, your car accident attorney can present a clear timeline establishing how the other driver chose to engage in distracted behaviors while driving, making them negligent. You can also use your medical records, repair estimates, and other documentation to claim damages against their policy.
Most drivers only purchase the minimum required coverage, which is $30,000 of bodily injury liability ($60,000 per accident for more than one person) and $25,000 of property damage coverage.
If your costs exceed this, you may consider filing a personal injury lawsuit to recover the full amount of your damages, including compensation for your pain and suffering.
Don’t Wait to Speak With Someone After Your Distracted Driving Accident
Most auto insurance companies require you to file a claim within a certain time period, often as few as 10 days after the accident. If you’re severely injured, you could struggle to manage this paperwork while trying to recover. If you need to file a lawsuit, you have to do so within the two-year statute of limitations in Texas, or you could lose your chance to hold the other party accountable. It’s vital to contact a qualified car accident lawyer as soon as you can after your crash to get the help and legal representation you need for the best outcome.
Negotiating with insurance companies can be exhausting if you don’t have experience in the industry or know how to get a fair settlement.
Your attorney can handle these conversations for you, as well as gather evidence to support your claim and prepare your case for trial, if needed. By making the call to a trustworthy law firm right away, you give your legal team time to build the most powerful case they can to help you.
Get Help When You’ve Been Hurt by a Distracted Driver in Texas
Liggett Law Group is all too familiar with the tragic results of distracted driving accidents and hopes to see more responsible behavior. There is no excuse for a negligent act as dangerous and potentially deadly as distracted driving. Texting while driving is illegal and negligent, making those who do it liable for the harm they cause you in a crash.
If you or a loved one was injured in an accident due to the negligence of a distracted driver, contact Lubbock car accident lawyers at Liggett Law today to set up a free consultation. With over 70 years of combined experience, our car accident lawyers are ready to begin your case investigation. Contact us today.