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Is Texting and Driving Illegal in Texas?

Written by Aaron A. Herbert

Posted in Car Accidents on January 8, 2025

Did you know that texting and driving is a major issue in Texas? Not only is it dangerous, but it can also have serious legal consequences. In this article, we will explore the harsh penalties that Texans face when caught texting while driving.

Texas law prohibits drivers from using a wireless communication device to send or receive electronic messages while operating a motor vehicle. Violating this law can result in fines, license suspension, and even jail time, depending on the circumstances.

Texting and driving is not only a threat to the driver but to everyone on the road. Distractions caused by texting can significantly impair a driver’s ability to react to sudden situations or maintain control of their vehicle.

To combat this problem, law enforcement agencies in Texas have been cracking down on distracted driving, especially texting while driving. With increased patrols and stricter enforcement, the consequences of this dangerous behavior have become more severe.

It’s important for drivers in Texas to understand the seriousness of texting and driving and to make a commitment to keeping themselves and others safe on the road. So, put your phone away and focus on the task at hand – driving safely.

is texting and driving illegal in texas

Laws and regulations in Texas regarding texting and driving

Texas law prohibits drivers from using a wireless communication device to send or receive electronic messages while operating a motor vehicle. This includes texting, emailing, or using social media. The law also applies to drivers who are stopped at traffic lights or stop signs. Violating this law can result in fines, license suspension, and even jail time, depending on the circumstances.

Law enforcement agencies in Texas take texting and driving seriously, and they have been cracking down on distracted driving. Increased patrols and stricter enforcement have made the consequences of this dangerous behavior more severe.

Statistics on texting and driving accidents in Texas

The statistics on texting and driving accidents in Texas are alarming. According to the Texas Department of Transportation, there were over 100,000 crashes involving distracted driving in 2020. Out of these crashes, 378 resulted in fatalities and 2,510 in serious injuries. These numbers highlight the grave risks associated with texting and driving.

What Is the Hands-Free Law in Texas?

The hands-free law in Texas prohibits drivers from using handheld electronic devices while driving but allows hands-free use under specific conditions. Is texting and driving illegal in Texas? Yes, under this law, drivers are banned from texting, emailing, or using apps while operating a vehicle unless the device is being used via hands-free technology, such as voice commands or Bluetooth. This applies statewide, including in Dallas, where enforcement is particularly strict. Violating this law can lead to fines of up to $99 for a first offense and as much as $200 for subsequent offenses.

Dallas law enforcement frequently conducts initiatives to reduce distracted driving, especially in areas with high accident rates. It is also worth noting that novice drivers, such as those under 18 or those with a learner’s permit, are not allowed to use cell phones at all, even hands-free, while behind the wheel.

Important exceptions to this law include:

  • Using a phone to call emergency services, such as 911, fire, or medical assistance.
  • Use a GPS system or navigation app, provided the device is mounted and not held in the driver’s hand.
  • Hands-free communication for work-related purposes (e.g., truck drivers using dispatch systems).

Can I Use My Cellphone for Navigation Systems?

Yes, you can use your cellphone for navigation while driving in Texas, but the device must be used in hands-free mode or securely mounted. This means you cannot hold your phone to view directions or input information while driving. The safest way to comply with the law is to set up your GPS before starting your trip and verify that voice directions are enabled.

Drivers in Dallas should take note of these rules, especially given local enforcement efforts aimed at reducing distracted driving accidents. Violations of the hands-free law, even for navigation use, could result in fines or worse if the distraction leads to car collisions. It is crucial to secure your phone in a dashboard mount or another safe location to avoid handling it while driving.

Using a cell phone for navigation is not only legal but also necessary for many drivers. Nonetheless, distracted driving laws in Texas are designed to ensure that the use of navigation apps does not interfere with a driver’s focus on the road. According to the Governors Highway Safety Association, hands-free use of electronic devices is considered safer and complies with the state’s distracted driving regulations.

Tips for safe navigation use include:

  • Entering your destination before starting your trip.
  • Enabling voice commands so you can hear directions instead of looking at the screen.
  • Avoiding the use of touchscreens to adjust routes while driving.
  • Pulling over safely if you need to reconfigure the route or make a phone call.

Dangers and risks of texting and driving

Texting and driving is not only a threat to the driver but to everyone on the road. Distractions caused by texting can significantly impair a driver’s ability to react to sudden situations or maintain control of their vehicle. Taking your eyes off the road for just a few seconds to read or send a text message can have devastating consequences.

Research has shown that texting while driving increases the risk of a crash by up to 23 times. This is because texting requires visual, manual, and cognitive attention, all of which are essential for safe driving. By engaging in this dangerous behavior, drivers put themselves and others at risk of serious injury or death.

How Can a Texting and Driving Violation Be Proved?

Texting and driving violations can be proved through a combination of direct observation, digital evidence, and witness testimony. Dallas police officers are trained to detect signs of distracted driving, such as erratic lane changes, failure to respond to traffic signals, or holding a device while driving. Officers who witness these behaviors can issue citations on the spot.

Proving a violation generally relies on the following forms of evidence:

  • Officer Observation: Police officers are trained to detect behaviors consistent with texting and driving. This might include noticing a driver holding their phone, looking down repeatedly at their lap, or typing on a device while the car is in motion. Erratic driving behavior, such as failing to stay in a lane or delayed responses at traffic lights, usually raises suspicion and leads to traffic stops. Officer observation is one of the most direct and immediate ways to issue a citation for distracted driving.
  • Cellphone Records: In situations where distracted driving results in an incident, cellphone records can be subpoenaed as evidence. These records provide timestamps that can reveal whether a driver was texting, making a call, or using apps at the time of the crash. This type of evidence is especially critical in personal injury cases or criminal proceedings, as it establishes a timeline of events.
  • Dashcam or Surveillance Footage: Video recordings from a vehicle’s dashcam or nearby surveillance cameras can provide visual proof of a driver’s behavior. Footage may show the driver handling a phone, looking down, or appearing distracted.
  • Witness Statements: Passengers, pedestrians, or other drivers who saw the violation can provide testimony. Witness accounts are particularly helpful if they observed a driver texting or using their phone moments before an accident occurred.

In some cases, proving distracted driving can support additional claims, such as driving under the influence (DUI). For example, if a driver in Dallas is caught texting and also shows signs of intoxication, this could lead to more harsh penalties, including license suspension or criminal charges.

Penalties and consequences for texting and driving in Texas

The penalties for texting and driving in Texas vary depending on the circumstances. For a first offense, drivers can face a fine of up to $99. For subsequent offenses, the fine increases to up to $200. In addition to fines, drivers may also receive points on their driving record, which can lead to increased insurance rates.

If texting and driving leads to a serious accident, the consequences can be even more severe. Drivers may face criminal charges and can be sentenced to jail time. In some cases, license suspension or revocation may also be imposed.

Initiatives and campaigns against texting and driving in Texas

To combat the problem of texting and driving, Texas has implemented several initiatives and campaigns. One such campaign is the “Talk, Text, Crash” campaign, which aims to raise awareness about the dangers of distracted driving. This campaign uses real-life stories of individuals who have been affected by texting and driving accidents to highlight the devastating impact of this behavior.

Law enforcement agencies in Texas have also been conducting targeted enforcement efforts to catch drivers who are texting and driving. These efforts include increased patrols, undercover operations, and public awareness campaigns. By taking a proactive approach, Texas is working towards reducing the prevalence of texting and driving on its roads.

Tips for preventing texting and driving

Preventing texting and driving starts with making a commitment to keep yourself and others safe on the road. Here are some tips to help you avoid the temptation of using your phone while driving:

1. Turn off notifications: Silence your phone or put it on “Do Not Disturb” mode to eliminate distractions.

2. Use phone settings: Many smartphones have features that can automatically reply to incoming messages while you’re driving.

3. Designate a texter: If you’re in a car with someone else, let them handle your texts and calls.

4. Pull over: If you must use your phone, find a safe place to pull over and park before doing so.

5. Set a good example: As a driver, you have a responsibility to set a good example for others. Avoid using your phone while driving and encourage others to do the same.

Resources and apps to help combat texting and driving

There are several resources and apps available to help combat texting and driving. These tools can assist in reducing distractions and promoting safe driving habits. Some popular options include:

1. DriveMode: This app silences incoming calls and texts, and can send automatic replies to let people know you’re driving.

2. LifeSaver: LifeSaver blocks phone use while driving and can provide feedback on your driving habits.

3. AT&T DriveMode: Designed to prevent distracted driving, this app silences incoming notifications and sends auto replies.

Using these resources and apps can help you stay focused on the road and avoid the dangers of texting while driving.

Personal stories and testimonials on the impact of texting and driving

To truly understand the impact of texting and driving, let’s hear from individuals who have experienced its devastating consequences firsthand. These personal stories and testimonials serve as a powerful reminder of the real-life tragedies that can result from this dangerous behavior. By sharing these stories, we hope to inspire drivers to think twice before reaching for their phones while behind the wheel.

Contact a Texas Personal Injury Lawyer Today

Texting and driving is a serious issue in Texas, with potentially severe consequences for those caught engaging in this dangerous behavior. By understanding the laws, risks, and penalties associated with texting and driving, we can make a commitment to keep ourselves and others safe on the road.

Remember, it only takes a few seconds of distraction to cause a life-altering accident. Put your phone away, focus on the task at hand – driving safely, and help make Texas roads safer for everyone.

So, let’s take a stand against texting and driving and prioritize the safety of ourselves and those around us. Together, we can make a difference and save lives. If injured, call us at 214.200.4878 for a free consultation.

AARON A. HERBERT

Aaron A. Herbert is a highly regarded trial lawyer known for his aggressive advocacy on behalf of seriously injured clients in major accidents and industrial catastrophes. With over a decade of experience, he has built a reputation for securing significant verdicts and settlements, often under confidentiality agreements. He emphasizes passion, preparation, and persistence in his practice, aiming to maximize case value while minimizing litigation stress for his clients.