Driving While Texting Accident

Driving and texting has added new dangers to our highways.  According to the National Highway Traffic Safety Administration, over 16% of fatal accidents in 2008 were caused by distractions while driving.  In recent years, mobile cell phones have increased the available features to drivers.  With these new features, there are new dangers resulting from distracted drivers on the highways.  As a result, many states and cities have enacted laws to curb some of the dangers involved with using mobile phones while driving.

In Texas, there is no statewide ban on driving while texting, emailing, or using a handheld device.  As of 2010, 19 states have banned texting while driving.  Six states have enacted legislation preventing local municipalities and cities from making their own laws to restrict the useof handheld devices while driving.   However, the Texas Transportation

Code restricts all drivers under the age of 18 from using a mobile phone device while operating a motor vehicle.  This law applies to licenses issued to Texas drivers after September 1, 2009 who are under 18 years old.  Texas law also prohibits drivers from using mobile handheld phones in school zones.  However, hands free devices are an exception.

Some cities in Texas have also passed laws to restrict the use of mobile phones while driving.  According to the City of Austin ordinance 20091022-028 which went into effect January 1, 2010, no one in the city of Austin may send any sort of electronic message, including text or picture messages and access internet sites, while operating a motor vehicle.

However, dialing and speaking on a cell phone while driving are not prohibited.  Further, there is no restriction from using the mobile device as a GPS device or texting while stopped.

In January of 2010, a Galveston ordinance went into effect which prohibits drivers from using "wireless communication devices to view, send or compose an electronic message" while driving.  Drivers who break this law may be fined $500.00.

In June 2010, Missouri City passed an ordinance which prohibits texting, using phone apps, and emailing while driving.

El Paso law prohibits drivers from texting or talking on cell phones while driving.  Drivers who violate this law may be fined $500.00.

In October of 2010, San Antonio banned the use of mobile devices while driving, except for using the device making telephone calls.

Many bills are currently pending before the Texas legislature for consideration and local lawmakers are waiting to see what may emerge from the 2011 legislature session.  From our review, most of the proposed bills seek to restrict texting while driving, but allow texting if your vehicle is stopped.

There are no attorney fees if there is no recovery.  If you have been hurt in a car wreck anywhere in Texas, contact our Texas Car Wreck Lawyers now for a free and confidential consultation at 1-877-TX-CAR-WRECK (1-877-892-2797) or email by clicking here.