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January 30, 2025 | Car Accidents
Phones are a part of nearly everyone’s daily life. You can do almost anything a computer can do on your phone, making it convenient to get directions, listen to music, send a quick message instead of a call, and more. But is it legal to do this while driving in Texas? Can you change the music on your phone, make a quick call, or send a text while behind the wheel?
If someone else caused a car accident while on their phone, an Austin car accident lawyer can help prove the negligence on the other party’s side.
Texas implemented a new law in 2017 that states you can no longer text or be on your phone while driving. You cannot use similar handheld devices, either. You can only use these devices if you have Bluetooth, which provides hands-free technology so you can use voice commands safely.
In 2021 alone, one in five car accidents in Texas were because of distracted driving. The same year, 2,924 people had severe injuries, and 431 people died from the accidents. Texas hopes to reduce these distracted accidents by enforcing this hands-free law.
If you violate the Texas hands-free laws, you can get significant fines. For a first offense, you could face fines that range from $25 to $99. If you are a repeat offender, the fines increase to $100 to $200. However, if a driver causes a serious injury or death to someone else while violating these laws, the offense increases to a class A misdemeanor, which leads to fines of up to $4,000 and up to one year in jail. You could also be charged with reckless driving and other offenses.
The state of Texas strictly enforces the hands-free law. However, some situations could be an exception, including:
You can use a cell phone to report illegal activity, provide information about an emergency, or seek help.
An authorized emergency or law enforcement vehicle operator is exempt from the hands-free law.
People who are licensed by the Federal Communications Commission and operate a radio frequency device or use a two-way radio are also exempt from this law.
It can be tricky to prove the other driver used their device during the accident. However, if you know this, you should not back down as there are a few ways your attorney can help you potentially prove this:
An attorney could subpoena the at-fault driver’s cell phone records to prove that they were using their phone at the time of the accident.
Depending on where your accident took place, pedestrians, other drivers, or someone who watched it happen may have been present.
If the accident happened near a store, another establishment, or at a traffic light with cameras, your lawyer can request footage.
If you have been in an accident because of another driver using their phone, you shouldn’t suffer the consequences. Start with a consultation with an Austin personal injury attorney on our team.