Texting and driving have become the leading causes of accidents across the United States. With the rise of smartphones, drivers are increasingly distracted by their devices, leading to severe and sometimes fatal accidents. In response, Texas lawmakers have introduced laws to combat this dangerous behavior. Drivers who violate these laws can be held legally responsible for any accidents they cause.
If you are injured in a crash caused by a distracted driver, you have the right to pursue compensation for your medical expenses, lost wages, pain and suffering, and other damages. By working with a knowledgeable Houston car accident lawyer at The Mejia Law Firm, you can build a strong case to hold the texting driver accountable and recover the compensation you deserve.
The Legal Status of Texting and Driving in Houston
Yes, texting and driving are illegal in Houston and throughout Texas. In 2017, Texas passed a statewide ban on texting while driving, making it illegal to read, write, or send electronic messages on a phone while operating a motor vehicle. This law, codified in Texas Transportation Code § 545.4251, applies to all drivers, regardless of age or experience.
However, the ban on texting and driving is just one piece of the broader effort to reduce distracted driving in Texas. The law also includes additional regulations for novice drivers and specific areas such as school zones.
Key Components of the Texas Texting and Driving Law
The Texas texting and driving law covers various aspects of mobile device use while driving, with the goal of reducing distractions and improving road safety. The primary points drivers need to be aware of include:
- Prohibition on texting: Under the law, drivers are prohibited from using handheld devices to send, read, or write text-based communications while operating a vehicle.
- Handheld device use: The law does not completely ban the use of handheld devices, but it restricts their use. For example, you can use your phone to make or receive calls if they do not involve texting or any form of written communication. However, this comes with caveats, especially in certain restricted areas.
- Novice driver restrictions: Drivers under 18 are not allowed to use wireless communication devices while driving, regardless of whether they are texting, calling, or using any other features.
- School zones: Handheld devices are banned entirely in school zones. Drivers must not use their phones for any reason, even to make calls, while passing through a designated school zone. This rule is strictly enforced to ensure the safety of children and pedestrians.
- Public transportation drivers: School bus or public transportation vehicle drivers are also prohibited from using handheld communication devices while carrying passengers, with limited exceptions for emergencies.
Exceptions to the Law
While the Texas texting and driving law is strict, there are certain exceptions where drivers can use their phones. These include:
- Emergency situations: Drivers may use their phones to contact emergency services in case of an accident, fire, medical emergency, or criminal activity.
- Hands-free devices: Under the law, using hands-free technology, such as Bluetooth, voice-activated systems, or dashboard-mounted devices, is allowed. Drivers can make calls or use navigation apps if they do not physically handle their phones.
- GPS and music controls: The law permits using GPS navigation apps or systems and music controls if they do not require drivers to type or read text while the vehicle is moving.
Penalties for Texting and Driving in Houston
The penalties can be significant if you are caught texting and driving in Houston. Here is what you might face:
- First offense: A first-time offense can result in a fine ranging from $25 to $99.
- Subsequent offenses: The fine increases to a maximum of $200 for repeat offenders.
- Injury or death: If texting and driving result in an accident causing serious injury or death, the penalties are much more severe. You could face a fine of up to $4,000 and one year in jail.
While these penalties might seem relatively minor for first offenses, they can have long-term consequences. Traffic violations can lead to increased insurance premiums, points on your driving record, and the suspension of your driver’s license if the violations accumulate. You can also be sued in civil court. More importantly, texting and driving puts everyone on the road at risk, making the potential for accidents a serious concern.
The Dangers of Texting and Driving
The statistics surrounding texting and driving paint a clear picture of the dangers involved. According to the Texas Department of Transportation (TxDOT), distracted driving was a factor in nearly 1 in 6 crashes on Texas roads in 2023. In that year alone, distracted driving resulted in 399 deaths and almost 2,800 serious injuries. Texting and driving is particularly dangerous because it involves all three forms of distraction:
- Visual distraction: Taking your eyes off the road to look at your phone
- Manual distraction: Taking your hands off the wheel to type or scroll
- Cognitive distraction: Diverting your mental focus from driving to reading or composing a message
Even a few seconds of distraction can have catastrophic results. The National Highway Traffic Safety Administration (NHTSA) reports that at 55 miles per hour, taking your eyes off the road for just five seconds to send a text is equivalent to driving the length of a football field blindfolded.
What Happens if You Are Injured in an Accident Caused by a Distracted Driver?
If you are injured in a Houston accident caused by a distracted driver, you can seek compensation for your injuries. Distracted driving, including texting, is considered negligence under Texas law, and the responsible driver can be held liable for your losses.
Texas operates on a fault-based system, meaning the at-fault party covers damages. You can file a personal injury claim to recover medical expenses, lost wages, pain and suffering, and property damage. Our experienced Houston car accident attorneys can help you gather evidence, negotiate with insurers, and represent you in court if needed.
Statute of Limitations
We will also ensure that your claim is filed within the statute of limitations. In Texas, you have two years from the accident date to file a personal injury lawsuit. Missing this deadline can result in losing your right to seek compensation.
Schedule a Consultation with The Mejia Law Firm Today
Texting and driving are illegal in Houston due to the serious dangers of distracted driving. If you have been in an accident caused by a distracted driver or have questions about the laws or auto accident settlement timeline, it is crucial to seek legal advice.
Contact The Mejia Law Firm to schedule a meeting with a Houston car accident attorney today.