We’d like to believe that every driver sharing the roadway with us has both hands on the steering wheel and their full attention on the road, but distracted driving remains a serious problem as Texans increasingly rely on cell phones for everything from communication and entertainment to navigation.
Distracted driving endangers lives, and it’s also a violation of the law. Before driving in Texas, it’s crucial to know how Texas law addresses distracted drivin and when an injury calls for an Addison car accident attorney.
Texting and Driving Is Illegal Throughout Texas
Under Texas Transportation Code 545, the law states the following:
“An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.”
Exceptions to this law apply only to the following:
- Calls summoning emergency assistance
- Answering a call with a reasonable assumption that it’s an emergency situation
The texting-and-driving law does not apply to using a handheld device for navigation or traffic apps, or for using hands-free technology to read or send messages on devices; however, drivers with learner’s permits and those under the age of 18 may not use handheld devices while driving for any reason. Also, Texas prohibits the hands-on use of a cell phone for any reason in school zones.
While texting and driving is illegal throughout Texas, some city ordinances also ban all hands-on cell phone use, including for navigational purposes. It’s important for a Texas driver to familiarize themselves with local ordinances regarding hands-on cell phone use while driving.
Understanding The Dangers of Distracted Driving in Texas
Distracted driving has long been a cause of accidents. Historically, distractions behind the wheel mostly consisted of adjusting a radio, eating, grooming hair or makeup, retrieving dropped objects, or interacting with children and passengers. With the rise of cell phone technology, the instances of distracted driving accidents have skyrocketed nationwide, including in Texas.
According to the National Highway Traffic Safety Administration (NHTSA), reading an average text message takes a driver’s eyes off the road for about 5 seconds. At 55 miles per hour, a car travels the length of a football field while the driver’s attention is off the road.
The Texas Department of Transportation reported 86,384 accidents in Texas alone.
Is Distracted Driving a Primary Offense In Texas?
In traffic law, a primary offense is one for which a police officer may pull over a driver for that offense alone, while a secondary offense is one for which an officer may issue a citation only in addition to a primary offense, such as speeding. In some states, texting and driving is a secondary offense.
In Texas, texting and driving or using a cell phone for anything other than navigating or calling for emergency assistance is a primary offense, meaning a traffic officer may issue a citation for the violation alone, and it doesn’t have to be in conjunction with another offense. The law states the following:
“To be prosecuted, the behavior must be committed in the presence of or within the view of a peace officer or established by other evidence.”
Fines for texting and driving in Texas range from $25-$99 for a first offense, to up to $200 for subsequent citations.
Hit By a Distracted Driver? GreeningLaw Can Help
At GreeningLaw, our Addison personal injury legal team is experienced in holding negligent parties accountable for causing injuries. Get justice for your distracted driving accident today. Contact us to schedule a free case consultation.