Texas’ Hands-Free Law

According to the Texas Department of Insurance, the most common reason for workplace death is motor vehicle accidents, and more than a quarter of car crashes involve cell phone use. The National Highway Traffic Safety Administration estimates that 660,000 drivers in the United States are using cell phones or manipulating electronic devices when driving at any particular time of day. When drivers are using these devices, they can miss up to 50% of information regarding what’s going on around them. This can increase the likelihood of accidents with other motorists, bicyclists, or pedestrians.

Texas Cell Phone Law

In 2017, Texas passed a statewide ban on using wireless communications devices. Under this ban, it became illegal to text, tweet, post, or email while operating a motor vehicle. Drivers are only permitted to use hands-free technology while they are driving, such as Bluetooth, speakerphones, or voice commands, while behind the wheel. The penalty for violating this law is a $99 fine for a first offense, a $200 fine for subsequent offenses, or higher fines if the driver caused an accident due to texting while driving.

Some Texas municipalities have gone further with their laws, limiting the use of a cell phone or holding an electronic device while driving. Statewide, the rules on cell phone use are:

• New drivers: New Texas drivers are prohibited from using cell phones. This law applies for six months after being licensed, regardless of age.
• Drivers under 18: Teen drivers cannot use a handheld device until they are at least 18 years old. All cell phone use must be hands-free, such as using Bluetooth or similar technology, until they reach this age.
• School zones: Texas prohibits the use of handheld devices while driving in a school zone or on public school property where reduced speeds are in effect.
• School bus drivers: School bus drivers are prohibited from using a cell phone at all while children are present on the bus.

Distracted Driving and Negligence

Texas is an at-fault state for car accidents. The party found at fault for the accident is responsible for paying the victim compensation for the damages they sustained. Distracted driving in violation of the hands-free law is considered negligence per se, meaning that the act alone is sufficient proof of negligence when the victim can demonstrate that they were injured in a manner that was intended to be prevented by the hands-free law.

Other forms of distracted driving may be considered negligent, even when not a violation of the law, if drivers fail to exercise reasonable care while driving and cause harm to others.

Negligent drivers can be required to pay for medical expenses, lost wages, and property damage.

Proving Distracted Driving to Win Your Case

It’s not enough for you to claim the other driver was distracted; you have to prove it. A San Antonio accident attorney can help you meet this burden with evidence such as:

• Cell phone records
• Video footage leading up to the accident
• Witness testimony
• Expert witness testimony

Call Our Car Accident Lawyers for Help If You Were Hurt in a Distracted Driving Accident

Cases involving distracted drivers are often complex, and distracted drivers may lie or try to cover up evidence of their negligence. An experienced San Antonio distracted driving accident lawyer from The Aguirre Law Firm, PLLC can help gather the evidence you need to help prove fault and demand the compensation you deserve. Schedule a free consultation today online to discuss your legal rights and options.