What Is Considered Distracted Driving in Texas?

LAW BLOG  •

July 1, 2019

Distracted driving is a growing problem. Despite most drivers understanding the dangers of distracted driving, thousands engage in this activity daily. Many overestimate their abilities to multitask, assuming they can do something else and still drive safely. Distracted driving can interfere with reaction time, however, and cause accidents. Distracted drivers took 3,166 lives in 2017. Being guilty of this act of negligence in Texas could lead to serious consequences.

The Definition of Distracted Driving

Distracted driving refers to a driver who is not dedicating 100% of his or her attention to the road. Anything that distracts the driver’s eyes, hands or mind from the driving task could be dangerous. Distractions may be external or internal to the vehicle. External distractions can include reading billboards, sightseeing or looking at car accidents. Internal distractions can be almost anything, ranging from changing the radio to personal grooming behind the wheel.

  • Cellphone use
  • Eating or drinking
  • Chatting with passengers
  • Having pets or kids in the car
  • Listening to something via headphones
  • Adjusting a GPS
  • Reading
  • Reaching for something on the floor

Cellphone use is the main cause of distracted driving. However, anything could detract a driver’s attention enough to cause a collision. Distractions may be visual, manual or cognitive. If something removes a driver’s eyes from the road, it is a visual distraction. Manual distractions remove the hands from the wheel. Cognitive distractions take the mind off of driving. If a driver is upset, angry or otherwise emotional while trying to drive, it could diminish his or her reaction times.

The Dangers of Texting and Driving

Cellphones are the most dangerous form of driver distraction. Using a cellphone fulfills all three forms of distraction: it absorbs a driver’s visual, manual and cognitive energies. According to the National Highway Traffic Safety Administration, reading just one text message while traveling at 55 miles per hour is the equivalent of driving across a football field with the driver’s eyes closed. It is impossible to safely text and drive using a handheld cellphone. In Texas, texting and driving is not just dangerous – it is against the law.

Texas’ Cellphone Laws

The high number of traffic accidents connected to cellphones motivated Texas lawmakers to make a change. In 2018, 18% of all Texas car accidents stemmed from distracted driving. Distracted drivers contributed to 2,340 injuries and almost 400 deaths in Texas. Cellphone use is a critical cause of distracted driving accidents. Like most states, Texas passed ordinances banning cellphones behind the wheel.

  • No texting and driving. Texas passed a law, effective September 2017, that bans all forms of texting while driving. This includes typing, reading or sending any kind of electronic message: texts, emails, instant messages, blogs, etc.
  • No handheld cellphone use. In 45 cities (not including Houston), drivers cannot use hand-held devices in any way while driving. This includes dialing phone numbers, making calls or using the GPS. The exception is if it is an emergency.
  • Fines and penalties. The punishment for texting while driving in Texas is $25 to $99 for a first offense and $100 to $200 for a second or subsequent offense. If a driver causes a harmful accident while texting and driving, the punishment is up to $4,000 in fines and/or up to one year in jail.

The state’s cellphone laws are primary, meaning a police officer in Texas can stop drivers on suspicions of texting and driving without any other cause. Causing an accident while distracted could have serious consequences. The at-fault driver could face criminal charges, jail time, hefty fines and personal liability for damages. The driver may also owe the victim restitution to pay for losses, which could equal thousands of dollars. Pledging not to drive distracted could protect the driver and save a life.

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