Dallas Distracted Driving Accident Lawyer

Distracted driving accidents involve any activity that diverts the driver’s attention away from the primary task of driving. This includes but is not limited to using a cell phone for texting or calling, eating, drinking, talking to passengers, or adjusting the radio or navigation system.

The law specifically prohibits using cell phones for sending electronic messages while driving, as this can significantly impair a driver’s ability to focus on the road and react timely to changing traffic conditions, thereby increasing the risk of an accident.

Texas takes the issue of distracted driving seriously and has enacted specific laws to address the growing concern. The primary legislation revolves around the use of handheld devices. 

While behind the wheel, drivers are prohibited from reading, writing, or sending electronic messages. The law encompasses not just texting but also extends to activities like emailing, browsing, and engaging in other forms of electronic communication.

However, the restrictions go beyond just messaging. If you’re under 18, Texas law forbids you from using any wireless communication device while driving. This means even hands-free or voice-activated functionalities are off-limits for younger drivers.

Moreover, there’s an additional layer of safety concerning school zones. To protect young students and ensure smooth traffic flow, all drivers, regardless of age, are banned from using handheld devices in designated school zones. This is an essential point of emphasis as school zones are high-risk areas, and any form of distraction can have severe consequences.

Distracted driving continues to be a significant concern on Texas roads. To provide some perspective, statistics from 2022 show that almost one in six wrecks in Texas were caused by distracted driving. Distracted driving was responsible for taking the lives of 487 people and seriously injuring 2,824.

These figures can fluctuate annually due to various factors, including changes in laws, public awareness campaigns, and technological advancements.

Texting while driving is not just dangerous; in Texas, it also comes with legal consequences. The initial offense can result in a fine that ranges from $25 to $99, a tangible reminder of the risks they’re taking.

However, the penalties become steeper if a driver hasn’t learned their lesson and is caught again. Repeat offenders can expect to pay fines of up to $200. These escalating penalties are a testament to Texas’s commitment to curbing this hazardous behavior on the road.

But the consequences don’t stop at just fines. In cases where a driver’s texting behind the wheel leads to more severe outcomes, like causing an accident that results in significant injuries or even death, the penalties are graver. In such instances, they can be fined up to $4,000 and face potential jail time.

This stringent approach underscores Texas’ determination to ensure that drivers understand the severe repercussions of such distractions, not just for themselves, but for everyone on the road.

While Texas law primarily focuses on texting, any activity that puts the driver, passengers, or others at risk due to lack of attention can be considered negligent and potentially reckless driving. This means you can be pulled over and cited if you are looking at your phone and it causes you to drive unsafely.

There are other crucial points to note about cellphone usage while driving in Texas:

Exceptions To The General Rule: 

While the laws are strict, there are a few exceptions. For emergency communications, specific allowances are made. For example, 

Young Drivers: 

The rules are even more stringent for younger drivers. Anyone under 18 years old is completely barred from using a cell phone while driving, regardless of whether it’s hands-free or handheld, unless it’s an emergency situation.

School Bus Operators: 

Those who operate school buses have their own set of restrictions. They are forbidden from using cell phones while driving if children are on board.

Learner’s Permit Holders: 

New drivers, or those with a learner’s permit, are in a unique category. They cannot use cell phones for the first six months of driving.

School Zones: 

Regardless of age or driving experience, using any handheld device while driving through a school zone is strictly illegal.

The Texas Department of Transportation strongly advises against using cell phones while driving for everyone’s safety. If you need to use your phone, it’s best to pull over safely, bring your vehicle to a complete stop, and then proceed with your call or text. Also, considering the variances in local laws, it’s essential to be familiar with the rules of specific areas you frequent.

Texas laws regarding the use of video equipment and television receivers in vehicles are outlined in Section 547.611 of the Texas Transportation Code and are crafted with safety at the forefront. Here’s a breakdown of the stipulations:

Standard Motor Vehicles: 

For the vast majority of vehicles, any video-receiving equipment—including televisions, DVD players, videocassette players, or similar devices—can be installed. However, the key restriction is its placement: the video display must be positioned so it’s not visible from the driver’s seat when the vehicle is in motion. The only time the video display can be visible from the driver’s seat is if the vehicle’s transmission is set to ‘park’ or the parking brake is applied.

Specialized Vehicles For TV Stations: 

Vehicles that are specially designed as mobile units for licensed television stations have a different set of rules. In these vehicles, video-receiving equipment can be placed so the operator or driver can see the display. However, this equipment can only be used when the vehicle is stationary.

Exceptions: 

There are particular exceptions to these general rules:

• Safety or Law Enforcement: Devices used solely for safety or law enforcement can be used, provided each installation receives approval from the appropriate department.

• Remote Television Transmission Trucks: These vehicles have an exemption for specific equipment use.

• Utility Vehicles Monitoring: Equipment used to monitor the performance of safety tools on vehicles associated with operations of utilities like natural gas, water, or electricity can be exempted.

• Mobile Navigation Systems: Monitoring devices paired with mobile navigation systems that produce an electronic display are allowed. The main intention behind such devices is to aid navigation, not entertainment.

Given these regulations, while there are some exceptions based on vehicle type or purpose, the overarching message is the prioritization of safety. For most drivers, watching videos or engaging with display equipment when the vehicle is in motion is unsafe and against Texas law.

In Texas, no statute directly bans or criminalizes the act of eating while driving. Like many other states, Texas has laws focused primarily on actions that directly lead to distracted or reckless driving rather than specific activities like eating.

That said, this doesn’t mean drivers have a free pass to multitask on the road without consequences. The broader scope of Texas driving laws is about ensuring safety on the roads. So, if a driver is munching on a snack or a meal and, as a result, becomes distracted to the point where they jeopardize their safety or the safety of others, they might find themselves in hot water.

For instance, if a driver spills a drink, drops food, or gets sauce on their hands and, in the commotion, swerves, speeds, or otherwise operates their vehicle unsafely, they can be pulled over and cited for reckless or distracted driving. Furthermore, if an accident were to occur due to such distractions, the driver could be held liable for damages, injuries, or any other consequences stemming from that accident.

While eating itself isn’t illegal, the consequences of allowing it to disrupt safe driving can lead to legal repercussions. As always, the priority when driving should be the road, the vehicle, and the safety of everyone on board and around.

Texas laws don’t clearly say you can’t use phones at red lights. But this doesn’t mean it’s totally fine to do so. Texas driving rules’ main goal is to be safe and pay attention. 

If someone is caught up texting or chatting and doesn’t see the light turn green, or if they hold up traffic, they might get a ticket. It’s always smart to stay alert at all stops, focusing on traffic and the safety of everyone around. A good rule of thumb for drivers is to avoid distractions and always keep an eye on the road, even during short breaks.