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In 2017, the Texas legislature passed a law that bans people from using handheld devices while driving. Drivers are prohibited from making phone calls, sending or receiving messages, navigating the web, or using handheld devices while operating a vehicle. The only lawful way to use these devices while driving is through hands free technology like Bluetooth, a hands free app, or dedicated voice commands.
The penalty for a first-time violation of the Texas hands free law is a $99 fine. A subsequent offense carries a fine of $200. Additionally, there’s a chance that the driver who violates the Texas Hands Free Law could be held liable for punitive damages, on top of personal injury and property damages, if they cause a wreck.
Texas lawmakers passed the Hands Free Law in an effort to reduce the number of traffic accidents and fatalities caused by distracted driving. Research shows a direct link between the use of handheld devices and crashes and collisions. When drivers are distracted by a cell phone or other device, they are not paying attention to the road, which reduces their ability to respond to sudden changes in the driving environment.
Statistics suggest that nearly 20% of car accidents are caused by distracted driving. According to the National Highway Transportation Safety Administration, distracted driving occurs anytime a driver’s attention is diverted away from their primary task of operating a vehicle. The most common examples of distracted driving include texting, talking on a cell phone, using a navigation system, and adjusting a device.
Distracted driving increases the likelihood that a driver will be involved in a car accident. If a car is traveling at 55 mph and the driver diverts their attention from the road for five seconds, the vehicle will have traveled the length of an entire football field without the driver looking at the road. Most collisions occur within three seconds after a driver is distracted. Under the Texas Hands Free Law, a driver who causes an accident while using a phone or other prohibited electronic device can be held liable for personal injuries and property damage they cause.
The Texas Hands Free Law makes it illegal to use a phone while driving unless the driver is using the device’s hands free features. Drivers under age 18 are completely prohibited from using a cell phone while driving, even in hands free mode. Drivers of any age are prohibited from using a cell phone while in a school zone.
When they enacted the Texas Hands Free Law, lawmakers recognized exceptions when drivers can use a mobile device while driving. These include:
Every driver owes a duty of care to other people on the road. A driver who is using a cell phone while driving violates that duty of care, which can lead to a finding of liability.
Despite hands free driving laws, proving distracted driving can be challenging if you were injured in a Texas car accident. Our experienced personal injury attorneys can investigate your situation and look for evidence to prove distracted driving, such as:
If you need legal representation after an Austin, Texas, car accident, McKinney Vos can help. Our personal injury lawyers can evaluate your situation, answer your questions, and fight to hold the responsible parties accountable for the harm they caused. To learn more, contact McKinney Vos today to schedule an appointment to discuss your situation.
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