Driving With a Cellphone in Dallas: The Law in Texas

Driving With a Cellphone in Dallas: The Law in Texas

Over the past couple of years, Texans have grown increasingly aware of the dangers of distracted driving. As a Dallas personal injury attorney, I know that drivers who are not paying attention to the task at hand and the road ahead are responsible for a large number of both multi- and single-vehicle car wrecks in the DFW metroplex. Distracted driving is the umbrella term for any activity which distracted some or all of the motorist's attention and can include a loose pet roaming around the car, eating or driving while driving, and even apparently simple tasks such as tuning the radio or programming the GPS. By far, the most common cause of distracted driving wrecks in Texas is using a cell phone while driving.

It seems everyone has a cell phone addiction these days. It's no wonder, since they're no longer just used to call and talk to people; you can send and receive text messages, update your Facebook status on the go, even search for a Dallas personal injury lawyer from your crash scene! Unfortunately, if someone uses their cell phone while they're in the driver's seat, they are seriously jeopardizing their safety and the safety of their passengers. In fact, a 2003 study by the University of Utah found that motorists who used cell phones while driving exhibited greater impairment even than drunk drivers. Despite this fact, there are still relatively few laws which either prohibit outright or even restrict a driver's cell phone use within Texas.

Currently, it is illegal for all drivers to use a cell phone to either talk or text while moving within a school zone, but beyond that there are very few rules for most drivers. The exceptions are learner drivers within the first six months of driving, and drivers aged 18 or younger. Intermediate license holders are banned from texting for their first 12 months of driving. School bus drivers are banned from using their cell phone at all while passengers are on board.

In 2011, the Texas State Legislature approved a bill which would have made texting while driving illegal throughout the state, but Texas Governor Rick Perry vetoed the proposed law. Despite this, many individual cities across Texas have introduced their own local laws regarding texting behind the wheel. Amarillo, Arlington, Converse, El Paso, McAllen, Missouri City, San Antonio, Selma and Universal City are among the Texas cities which have each introduced citywide laws which mean drivers face fines if they are caught using a handheld cell phone while driving. As the only city in the Dallas-Fort Worth area to have introduced such restrictions, Arlington imposes fines of $200 on drivers caught texting behind the wheel.

Regardless of whether or not texting or talking on the cell phone is illegal in the town where your car wreck occurred, use of a cell phone is still regarded as a contributing factor in an accident, and will be noted as such on the responding police officer's crash scene report. Whether you were hit by a distracted driver, or you were a passenger in a car driven by a distracted driver, you may be entitled to seek compensation. Call the Dallas personal injury attorneys at Guajardo & Marks today at 972-774-9800.