Car Accidents
Distracted driving can be a big problem, though it is difficult to track how many incidents are distracted driving-related.
In the U.S. in 2018, over 2,800 people were killed and an estimated 400,000 were injured in crashes involving a distracted driver.
Distracted driving is anything that diverts the attention of the driver from the road. New cell phone laws in Texas have been structured to minimize the risk of distracted driving across the state.
Key Takeaways: Texas Hands Free Law and Texas Cell Phone Law
- Texas cell phone law does not create a total statewide ban on every kind of phone use while driving, but it does prohibit texting while driving and places stricter limits on certain drivers and locations.
- The Texas hands free law is especially important for school zones, new drivers, drivers under 18, and school bus drivers, where the rules can be more restrictive than many people realize.
- A driver can still cause a serious crash by looking at a phone, typing, reading messages, or otherwise driving distracted. Those choices can become important in a Texas car accident claim.
- If a distracted driver hurt you, phone-related conduct can become part of the evidence showing negligence and why the crash happened.
What Is the Texas Hands Free Law?
Most states now have some form of a hands free law. In accordance with Texas law, drivers must utilize hands free technology when using their phones while driving. This includes Bluetooth headsets or speakerphones, allowing drivers to keep their hands on the wheel and maintain focus on the road while making calls or sending messages.
It is against the law to text, email, tweet, or post while operating a motor vehicle.
The penalty for texting while driving is a $99 fine for the first offense, and any subsequent violation will result in a $200 fine.
Fines can increase substantially if the driver causes an accident while distracted driving.
Texas Phone Laws Can Feel Simple Until a Crash Makes the Details Matter
Most drivers know texting and driving is dangerous, but many do not realize how specific Texas cell phone law can be depending on age, location, and what the driver was doing with the phone. After a crash, those details can suddenly become very important. If a distracted driver hurt you, understanding the hands free law in Texas can help make sense of what happened and why it matters.
New Texas Cell Phone Law
Texting and driving in Texas has been illegal since 2017 according to Texas Transportation Code Section 545.4251, but the use of a cell phone is not completely prohibited.
Many people use their cell phones for navigation or to play music while driving, as well as for making phone calls.
Here are some important Texas cell phone driving laws that you should know:
1. Texting While Driving
You cannot send or receive text messages while driving in Texas, however, you can use your navigation system. If a law enforcement officer suspects that you are texting while driving, they can pull you over.
Therefore, it is best to have all of your navigation and music set before putting the vehicle in motion.
2. New Drivers
New Texas drivers may not use cell phones at all. This law extends for the first six months of driving and includes all forms of cell phone use.
Statistics show that the highest percentage of distracted drivers are in the 15 to 19-year-old age range.
3. Drivers Under 18
After the six-month probationary period, cell phones can be used. Hand-held devices are not allowed until a driver is over the age of 18. All cell phone use must be hands free in Texas until then.
4. School Zones
Using a handheld device while driving in a school zone or on public school property is prohibited when reduced speeds are in effect.
5. School Bus Drivers
If children are present on the bus, the school bus driver may not use a cell phone at all. A bus full of children is distracting enough on its own.
Texas Cell Phone Driving Law Exception
Using a cell phone during an emergency situation will not cause a driver to be fined. A driver may also use their cell phone to contact law enforcement.
Despite the exception, the best practice is to pull off the road before placing the call.
A Driver’s Phone Use Can Change the Entire Story of a Texas Crash
The problem is that distracted driving evidence can disappear quickly unless someone knows to look for it. A text, a screen tap, a school zone, or a younger driver’s phone use may all help explain how the collision happened. When those details are preserved early, it becomes easier to push back against blame-shifting and protect the value of an injury claim.
Is it illegal to hold a phone while driving in Texas?
In Texas, holding a phone while driving is generally illegal in certain areas and circumstances. Texas law bans the use of handheld devices in school zones, and drivers under 18 cannot use any mobile devices while driving. For adult drivers, hands free options are allowed, but holding a phone while driving is discouraged for safety.
Is Texas a Hands Free State?
Texas does not have a complete hands free law, but using a phone while driving is restricted. Drivers must use hands free technology (like Bluetooth) for calls or messaging. Holding a phone while driving in certain areas, such as school zones, is illegal
Is Texting and Driving Illegal in Texas?
Texas made texting while driving illegal on September 1, 2017. The law prohibits drivers from using a smartphone to read, write, or engage in any activity while driving.
Texas Hands Free Law: Frequently Asked Questions
Texas does not have a blanket ban on every kind of phone use while driving, but it does prohibit texting while driving and restricts handheld phone use in certain situations. In practice, the safest approach is to use hands free technology and avoid touching your phone while the vehicle is moving.
Yes. Texas cell phone law prohibits reading, writing, or sending text-based messages while driving. That includes common phone activities that take your eyes and attention away from the road.
It can be, depending on the driver and where the vehicle is being driven. Handheld phone use is especially restricted in school zones and for younger drivers, and even where it is not fully banned, holding a phone can still create strong distracted-driving evidence after a crash.
Navigation use is generally treated differently from texting, but the safest move is to set your route before you start driving. Reaching for the phone while driving can still create distraction and increase crash risk.
New Texas drivers face stricter phone restrictions, especially during the earliest part of driving. For younger drivers, Texas law is more restrictive because distraction risk is treated as especially serious.
Drivers under 18 face tighter restrictions on cell phone use while driving. In practical terms, younger drivers should treat Texas law as requiring hands free behavior and avoid handheld phone use entirely while on the road.
Handheld phone use is restricted in school zones when reduced speeds are in effect. That makes school zones one of the clearest examples of where a Texas driver can get into trouble for using a handheld device.
There are limited exceptions, including emergency situations and contacting law enforcement. Even then, the safest option is usually to pull over before placing the call if you can do so safely.
Yes. If a driver was texting, looking at a phone, or otherwise driving distracted, that conduct can become important evidence in a Texas car accident case. Phone use can help explain why the crash happened and support a negligence claim.
If you were hurt and believe the other driver was using a phone, it is worth getting a quick legal review. Early action can help preserve evidence, document injuries, and keep the claim from turning into a he-said-she-said dispute.
Hurt by a Driver Ignoring the Hands Free Law in Texas? Contact a Car Accident Lawyer Today!
Injuries caused by a distracted driver disobeying the new Texas cell phone driving laws are compensable. Every driver has the duty to drive with care and obey the laws.
Texas is an “at-fault” state, meaning the at-fault driver (or their insurance company) is financially responsible for compensating the injured party.
The specifics of your accident and your legal representation can have a huge impact on your personal injury settlement.
The Texas car accident lawyers at The Zimmerman Law Firm understand the importance of conducting a comprehensive investigation of your accident and careful documentation of your claim.
We can help you understand what your claim is worth and will negotiate to get you everything you deserve. Contact us to schedule your free case review.
Where You Can Find Our Waco Office Location
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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