Distracted driving means anything that involves a driver not paying attention to the road. Sadly, it remains a leading cause of injury and death on the roads of the United States and the Lone Star State. If you’ve been injured by a distracted driver, an experienced Austin car accident lawyer can help you pursue compensation.
According to the National Highway Traffic Safety Administration (NHTSA), 3,308 people died in 2022 due to a distracted driver. To make things worse, the U.S. Centers for Disease Control (CDC) plumed their figures and found one in five deaths were people who weren’t even in vehicles.
Texas responded to the problem by implementing tough laws for 2025 and beyond. Here’s what you must know about the current Texas cell phone laws.
Key Takeaways
- Texting and driving in Texas is illegal in nearly all circumstances. Since 2017, the only exceptions have been law enforcement or communicating with emergency services.
- Traffic officers are entitled to pull you over and issue a citation at the roadside if they believe you are using your phone to text and drive.
- The consequences of texting while driving citation are $99 for the first offense and $200 for subsequent offenses. However, you may receive criminal charges if you cause a serious accident.
- Proving distracted driving can be done by subpoenaing cell phone records, consulting traffic surveillance footage, and gathering eyewitness statements.
- You’re entitled to claim compensation if you were involved in a distracted driving accident, with damages including medical expenses, lost wages, and pain and suffering.
- Contact a lawyer if you were the victim of an accident involving a distracted driver. Your attorney can help you prove distracted driving and demonstrate that the other driver was negligent in their actions.
Texting and Driving Laws in Texas
Texting and driving have been illegal since 2017. According to the Texas Transportation Code Section 545.4251, texting while driving is entirely prohibited. However, the law still allows some minimal cell phone usage.
For example, although you can’t send and receive text messages, you can still use your navigation system. Moreover, it’s important to remember that, unlike some hands-free states, the Lone Star State doesn’t allow you to use a hands-free device or any wireless communication device to text and drive.
The truth is that even though cell phone use is permitted for specific functions, a traffic officer can still pull you over if they think you’re sending or reading a text. Generally, it’s best to load up your GPS and playlist before setting off.
Texas Hands-Free Law – Cellphone Laws to Remember in Texas
Most states have some form of hands-free law. Texas’s hands-free law has existed in 2017 and serves as the baseline for regulating wireless communications devices while driving, including cell phones, speakerphones, and Bluetooth headsets.
Although it’s been changed and updated, the principle remains the same. Drivers must keep their hands on the wheel and focus on the road, or they’re breaking the law. If you’re operating a motor vehicle, texting, emailing, and posting online is illegal, with fines escalating after the first offense.
Here's what you need to know about cellphone laws in Texas.
Texting While Driving in Texas
Sending and receiving texts while driving is illegal in Texas, even if you’re sitting in traffic. You cannot be operating a motor vehicle in any capacity. If you must respond to an urgent message, find a place to pull over and turn off the engine, or you could be pulled over.
It may seem stringent, but Texas is a hotspot for texting and driving deaths. According to the Texas Department of Transportation, one in six crashes was caused by a distracted driver.
New Texas Drivers
New drivers are banned from using cell phones for any reason, including playing music or using the built-in GPS. There’s no specific age range for this part of the law. Instead, it applies to the first six months after you get your first full driving license.
Naturally, it’s primarily aimed at the plague of young people prone to distracted driving. According to the Texas Municipal Courts Education Center, 16% of all drivers under 20 involved in fatal crashes were driving while distracted. Moreover, the NHTSA reports the 16-19 age bracket has the highest number of distracted drivers.
Under-18 Drivers
New drivers may use cell phones after their six-month probation within the bounds of Texas’ cell phone laws. The exception is that drivers may not use hand-held devices if they’re under 18.
Young drivers must only use hands-free devices until that time. Generally, road safety experts recommend that all drivers use hands-free devices instead of handheld devices because they’re far safer.
School Zones
No driver may use a handheld device if they’re driving within a designated school zone. Moreover, handheld devices may not be used if reduced speeds are in effect on a public school property.
School Bus Drivers
School bus drivers may only use a cell phone if they’re driving a bus without any children onboard. If any passengers are present, they must use hands-free devices only. Violating this law won’t just mean the usual penalties that apply to everyone else but could also cost you your job.
Is Texas a Hands-Free State?
Texas isn’t technically a fully hands-free state, as some cell phone use is permitted in certain scenarios. The standard position for Texas is that you can’t text and drive with a handheld mobile device and must instead use hands-free technology.
However, the other point to remember is that we’re mainly talking about state law. Various municipalities have the right to have tighter laws in place, and some do. In these cases, the local law would supersede state law, so it’s best to check the rules on cell phone use where you live or where you’re passing through.
Is Texting and Driving Illegal in Texas?
Don’t get tempted to fire off a quick SMS in Texas when you’re behind the wheel. It’s always illegal in Texas, with no exceptions. The hands-free law places a blanket ban on texting while driving. Plus, the law also covers email and social media activity in every part of the state.
Local traffic laws may also come into play, with some areas banning other uses of handheld devices that would be permitted. Sometimes, local ordinances elevate punishments beyond state law, meaning you could receive larger fines.
Despite this, violations remain. For example, Bankrate reported that an estimated 800,000 people text and drive nationwide at any given moment, illustrating just how widespread the problem is.
Can You Text and Drive at a Red Light in Texas?
Despite what many people think, texting and driving at a red light is still illegal in Texas. Even though you aren’t moving, the law still states that you are in control of the vehicle for as long as you’re on a public road and the engine is switched on.
The only exception to this rule that applies to the majority is if you’re in danger and need to call the emergency services. For example, if you’re being followed by a driver in a road rage incident, it’s perfectly acceptable to call 911. Likewise, if you spot a serious accident, you’re entitled to ask for an ambulance to attend.
When Can You Use a Cell Phone While Driving in Texas?
Texas isn’t a true hands-free state because using handheld devices for specific purposes is permitted under the current incarnation of the law.
The Lone Star State enables you to answer phone calls, use GPS apps, and play music while driving, regardless of whether you’re using a hands-free device or not. Regardless, it’s still recommended that you use your phone responsibly and not endanger others.
It’s worth mentioning that even though the law permits limited handheld device use, it still isn’t recommended. Aside from the obvious risk of distracted driving, a law enforcement officer may still pull you over and assume you were texting. And it can be difficult to prove otherwise without a trip to your nearest county court.
Implementation of Hands-Free Laws
Traffic officers are responsible for implementing and enforcing hands-free laws. Any officer who believes you could be texting and driving has the right to pull you over and issue a ticket. That’s why we recommend that you don’t even hold your cell phone in your hand.
It’s possible to fight against a ticket wrongly issued to you, but the burden of proof is on you to prove that you weren’t texting and driving or that one of the exceptions within the law applies to you.
If you find yourself in this situation, get in touch with an experienced attorney to fight back against your citation.
Exceptions for Hands-Free Law Violations
Some exceptions exist to the hands-free law. The main exception is that you can call the emergency services to report a crime, provide information about an emergency, or request help if you were involved in an accident. You may also use a mounted GPS device for directions or your car’s console, which may be connected to your cell phone via Bluetooth.
Emergency personnel, such as paramedics and police officers, aren’t covered by the hands-free law. Moreover, licensed operators using two-way radios and radio frequency devices as part of their duties are also exempt from the law.
To legally use a handheld device to text behind the wheel, you must be parked or stopped. And stopping at a red light or in a traffic jam doesn’t count!
Consequences for Violating Hands-Free Laws
Violations of the Texas hands-free law command a fine of $99 for a first offense and $200 for every subsequent offense. Since Texas no longer has a points system for licenses, as of 2019, you can’t lose your license for accumulating too many points.
However, it’s important to mention that texting and driving could increase your auto insurance premiums. Likewise, there may be legal consequences if texting and driving resulted in someone being injured or killed.
In Texas, if you text and drive and cause a serious injury or death, you could be charged with a class A misdemeanor. This type of misdemeanor has a potential fine of up to $4,000 and one year in jail. Furthermore, you could be charged with reckless driving if the offense is serious enough.
What is Distracted Driving?
The hands-free law applies explicitly to regulating wireless communication devices behind the wheel but texting and driving falls under the umbrella of distracted driving.
The definition of distracted driving is anything that takes you away from the act of driving. Several types of distracted driving exist, including:
- Manual – Any distraction that forces you to remove one or both hands from the wheel.
- Visual – Anything that forces you to take your eyes off the road in front of you, including staring into space, using a sat nav, or talking to someone in the backseat.
- Cognitive – Any distraction that results in your mind not focusing on the task at hand. It could be something as simple as daydreaming or thinking about your day.
Unsurprisingly, this is why texting and driving is so dangerous because it falls under all three of these categories. According to Drive Research, 45% of Americans admitted to having sent a text while driving.
What Makes Distracted Driving So Dangerous?
Distracted driving is no different from closing your eyes for a few seconds while driving down the highway. By not paying full attention to the act of driving, you’re reducing your reaction times and potentially missing out on upcoming hazards.
Regardless of how great of a driver you think you are, the cold reality is that an average of nine people are killed daily due to a distracted driver, per the CDC. Many more are injured due to drivers not paying attention, with many being left with life-changing damage.
Distracted Driving and Negligence
Distracted driving is considered a form of negligence because you’re breaking traffic laws by doing it. If you cause an accident because you were distracted, you will be held responsible for damages.
Examples of compensation you could be sued for include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Wrongful death
Another point to remember is that negligence behind the wheel could even escalate to criminal charges in more extreme cases. Not only could you be held personally liable for all damages, especially if the damages exceed your insurance coverage, but the state may press criminal charges, which could result in jail time.
Effective Ways to Avoid Using a Device While Driving
Are you struggling to avoid the temptation of picking up your phone while driving?
In our modern interconnected world, where we’re all glued to our phones, it’s tough for many people to resist the temptation. Texas lawmakers passed the hands-free law to curb distracted driving, and several campaigns have been run recently to crack down on the practice.
Here are some top tips for keeping your device out of sight and out of mind:
- Turn It Off – Either leave your phone on silent with “Do Not Disturb” mode or turn it off entirely.
- Hide It – Put your phone where you can’t see or reach it. This could be the glove compartment, a bag, or on the back seat.
- Use Your Car – Most modern cars have an array of features to prevent phone use, such as built-in GPS systems or voice commands for functions like your playlist.
- Plan Ahead – Give yourself no reason to use your phone while driving by preparing beforehand. Going to an unfamiliar area? Set your GPS route before you start. Picky about music? Load up your playlist first.
- Passenger Control – Make your passengers useful. Ask them to handle any incoming communications while you’re driving. Texas’s hands-free laws only apply to the driver, not passengers.
If all else fails, find a safe place to pull over and park up. You’re entitled to use your phone if you’re parked and aren’t actively operating a motor vehicle.
Proving Distracted Driving in a Texas Car Accident
Distracted driving is one way to demonstrate that another driver was at fault for a car accident. Unfortunately, car accident victims often find it challenging to prove distracted driving comprehensively.
For example, if someone was eating a burrito while driving, eating and driving is a form of distracted driving, but the at-fault driver can easily deny it. If all you have is your word, you’ll struggle to prove it. The same goes for any form of distracted driving.
Suppose you were hit by a driver who was texting at the wheel. Here’s how an experienced car accident attorney might address the situation:
- Cell Phone Records – Your personal injury lawyer may subpoena the at-fault driver’s cell phone records. Browsing these records and matching communications with the documented time of the accident can prove they had to have been texting at the time.
- Traffic Camera Footage – Texas’s metropolitan areas are covered with traffic camera footage for enforcement purposes. These cameras can be used to provide proof that an individual was texting at the time. Likewise, they may be able to get security camera footage from nearby businesses or use dashcam footage to prove distracted driving.
- Eyewitness Statements – Eyewitnesses may have seen the driver texting or talking on the phone. If you have their contact details, your attorney can reach out to them and ask for a statement.
Note that the official police accident report will provide crucial information on distracted driving incidents. If you told the attending officer that you believe another driver was texting, it may already be noted in the report. In the event the officer already issued a citation to the at-fault driver, this is vital evidence in any personal injury case.
What to Do if You Are Involved in a Car Accident Where the Other Driver Was Distracted
Were you involved in an accident caused by a distracted driver? You could be entitled to compensation. Gathering as much evidence as possible is key to the success of any personal injury case and maximizing your settlement.
Follow these steps to deal with a distracted driving accident:
- Get to Safety – Your priority is your health and well-being. Check yourself for injuries and call 911 if anyone has been seriously hurt.
- Get in Touch With Law Enforcement – Contact law enforcement by calling 911 and asking for an officer to attend. They’ll assess the scene and fill out an official police accident report to serve as evidence later. They may also decide to issue citations.
- Gather Evidence – The moments after the accident are your best chance to gather evidence. Use your smartphone to take pictures and videos of the scene, including any injuries you might have, vehicle impact zones, and the general scene. It’s also a good idea to approach eyewitnesses and ask them to leave their contact details.
- Exchange Information – Under Texas law, you must share your basic contact and insurance details if you’re involved in an accident. Fail to do so, and you’re committing a hit-and-run offense.
- Seek Medical Attention – Head to your closest urgent care department after leaving the scene. You may not know it yet, but car accidents can leave you with hidden injuries that may not surface until hours or days later. Some of these conditions could be life-threatening, including organ damage, traumatic brain injuries, and internal bleeding.
- Notify Your Insurer – All auto insurers require you to report accidents promptly. Most insurers mandate that you make a report within 24-72 hours. If you don’t, this could void your coverage.
- Contact an Attorney – The final step is to contact an experienced personal injury lawyer to support your claim. They’ll deal with insurance adjusters and other parties, enabling you to maximize your settlement while focusing on your recovery.
Texting and Driving Injuries – Texas Statute of Limitations
Consulting a lawyer as early as possible must be a priority because of the statute of limitations on personal injury cases. Texas law states that plaintiffs have two years from the date of their accident to file a lawsuit against at-fault parties.
Two years may sound like a long time, but it’s shorter than you think. Negotiating with auto insurers can take months, especially in complex cases involving disputed liability and life-changing injuries.
The time you spend on claiming through the at-fault driver’s insurer doesn’t stop the clock. Leave it too late, and you might miss out on being able to file a lawsuit and claim financial compensation entirely.
Can I Claim Compensation if I Was Texting and Driving in Texas?
Texas is an at-fault state, meaning the at-fault party pays for damages. However, Texas is also a modified comparative negligence state, meaning that fault can be divided between more than one party.
Just because you were texting and driving doesn’t necessarily mean you’re automatically banned from seeking compensation. On the contrary, the 51% bar rule means that as long as you weren’t 51% responsible for an accident, you could still receive some compensation.
These scenarios tend to apply when more than one factor contributed to an accident. Yes, you may have been texting and driving, but if the other driver was speeding or driving under the influence, they also bear some responsibility for the accident.
Consult a lawyer about your case to find out whether you have a realistic chance of claiming compensation for your injuries.
Cell Phone Laws in Texas FAQs
Can police go through your phone in Texas?
No, the police can’t check your phone by the side of the road to find out if you are texting and driving. Texas Constitution Article I Section 9 prevents unreasonable searches and seizures. Moreover, the Riley v. California Supreme Court case confirmed that law enforcement can’t search your phone without a valid warrant.
Is it illegal to hold a phone while driving in Texas?
Generally, it’s illegal under most circumstances. If you’re under 18 or driving through a school zone, holding your phone is always illegal. However, if you’re holding a phone but not using it, this wouldn’t necessarily be illegal, but proving to an officer that you weren’t using it would be tricky.
Can I read messages while driving in Texas?
No, the Texas hands-free laws prevent all activities relating to texting while driving. Even if you’re not planning to respond to a text until you pull over, taking out your phone and reading a message is illegal.
