Texas is the only state in the union that has not yet instituted a blanket statewide ban on texting while driving, even though the Texas Department of Transportation estimates that one-fifth of accidents on state roads are caused by distracted driving. Causing a traffic accident by distracted driving, however, could turn out to be quite expensive even in Texas.
Distracted Driving Restrictions in Texas
Although Texas maintains no statewide ban on texting while driving that applies to all drivers, the following restrictions exist:
- Drivers on learner’s permits may not use hand-held devices within their first six months of driving.
- Drivers under 18 may not use any wireless communications device while driving, even a hands-free versions.
- Bus drivers may not use cell phones while driving (including hands-free versions) if any passengers are under 18.
- All drivers are prohibited from texting or using handheld devices in school zones.
There is no statewide ban on talking on cell phones while driving. Beware – nearly 100 Texas cities have enacted local laws regulating distracted driving activities such as texting and talking on cell phones.
In the Event of a Distracted Driving Accident in Texas
If you get into an accident that is caused by your distracted driving, you could be forced to pay the damages of anyone injured in the accident, including another driver, a passenger in your car or another car, or a pedestrian. If you are sued, the plaintiff can try to establish that your violation of the Texas distracted driving laws constitutes automatic negligence (“negligent per se”). If the court accepts this argument, you will not be allowed to try to prove that your actions were reasonable under the circumstances.
Even if you are injured by the other driver and you are the one who files a lawsuit, the other driver can use your distracted driving to try to prove that you were partly at fault. This will reduce the amount you can recover from him in proportion to your own degree of fault. If you were at least 51 percent at fault, you will recover nothing.
Employers can be sued for accidents caused by the on-duty distracted driving of their employees. Lawyer tend to seize on this, because employers typically have greater financial resources than their employees do.
Possible Criminal Penalties
Under certain circumstances, you can be arrested and taken to jail for causing an accident by distracted driving, even if your behavior did not violate the Texas distracted driving law. If your behavior, taken as a whole, constituted criminal recklessness (ignoring a known major risk of harm in a manner that constituted a gross deviation from reasonable behavior) and someone is seriously injured or killed, you could end up in prison. Vehicular manslaughter, for example, carries a penalty of 2 to 20 years in state prison.
Texting while driving downhill on an icy road in heavy traffic might qualify as “criminally reckless” – but then again, it might not – a lot depends on how the court views the accident.
– Updated through September 1, 2016