Should Distracted Driving Laws in Texas Be Decentralized?

Texas recently became the 47^th state in the country to pass a state-wide texting and driving ban. Prior to the passage of House Bill 62 (HB 62), also known as the Alex Brown Memorial Act, Texas law banned wireless communication devices for drivers under 18. In addition, drivers could not use mobile phones in school zones or if they possessed a learner’s permit less than six months old. HB 62 bans motorists from reading, writing or sending electronic messages, regardless of their age or location. The law does not address making or receiving phone calls. There are exceptions to texting under HB 62, such as reporting or responding to an emergency. Once the new law takes effect, first-time offenders could be fined up to $99 for texting and driving. Repeat offenders could be fined up to $200.When Governor Greg Abbott signed HB 62 into law at the end of the legislative session, he requested that cities and towns be banned from passing these ordinances. Instead, Senate Bill 15 would make the Alex Brown Memorial Act become the uniform state law. Local ordinances would be rolled back. During the special legislative session, the Texas Senate signaled it would move ahead with the request.For many years, cities and towns in our state passed their own texting and driving ordinances. As of 2016, 102 cities and towns had these ordinances. For example, in Nacogdoches, it is illegal to use any electronic messaging device while driving in city limits. In Conroe, you cannot text behind the wheel even if you are stopped on the side of the road. Austin, Texas has an ordinance that bans hands-held electronic devices while operating a vehicle or bicycle. However, you can use a hands-free device (Bluetooth or GPS) while driving or cycling in Austin. According to the Austin Police Department, this hands-free ordinance is responsible for a 17 percent reduction in fatal car accidents.

Are There Proponents and Opponents to Texas’ Distracted Driving Law?

Understandably, there are opponents who argue that centralizing distracted driving laws could lead to more deaths on Texas roads. Opponents argue that municipal ordinances may be stricter than HB 62. Many of these opponents are law enforcement officials from across the state. There is some truth to this argument, as some cities and towns have hands-free ordinances.HB 62 does pass a statewide ban, meaning areas of Texas that did not have a ban on texting and driving will now have one. Prior to the passage of HB 62, Lufkin did not have a distracted driving ordinance.Distracted driving is responsible for thousands of fatal car accidents per year in the United States. People that survive these accidents may suffer catastrophic injuries that can ruin not only their lives but the lives of their family members. Texting behind the wheel is an incredibly selfish act that puts other people at risk of being harmed.The Texas car accident lawyers at Mike Love & Associates, LLC are dedicated to making our community a safer place.

How Can Following the Texas Move Over Law Save Lives?

Law enforcement and emergency personnel performing traffic stops or responding to auto accidents are at risk of being struck by passing motorists. Most states have move over laws to prevent these types of accidents. In 2003, former Governor Rick Perry signed the Move Over Act into law. The law’s language is simple to understand and it is not difficult to follow.

How Does the Texas Move Over Law Work?

Transportation Code 545.157 requires drivers to perform certain actions near emergency vehicles that have come to a stop and have their lights activated. There are two options. Drivers can vacate the lane closest to the emergency vehicle (if the road has multiple lanes in the same direction), or they can slow down to 20 miles per hour under the posted speed limit when the posted speed limit is 25 miles per hour or more. For example, if the speed limit is 45 miles per hour, this means the driver must slow down to 25 miles per hour.This statute applies to vehicles such as police officers, emergency medical services, fire trucks, tow trucks and Texas Department of Transportation (TxDOT) vehicles. The statute added tow trucks in 2011, and TxDOT workers in 2013.Drivers who fail to abide by this law can face fines of up to $2,000 depending on the circumstances. If a driver causes injuries because they failed to follow the move over law, they can face a Class B misdemeanor.

What Happens When Drivers Ignore Move Over Laws?

Despite the existence of Texas’ move over law, roadside accidents continue to happen. Statistics collected by the Texas Department of Public Safety show that in 2015, 11 state troopers were hit by drivers who did not follow Texas’ move over law. TxDOT also claims 13 of its workers have died performing roadside work within the last decade.An accident in Huntsville can also show us how frequently drivers ignore this law. A Texas state trooper suffered injuries while responding to the scene of an accident. A passing driver lost control and slammed into his patrol car. According to the trooper, who has since recovered from his injuries, this is not the first time it has happened.This law enforcement officer also told the local press in Huntsville that he lost a fellow trooper to one of these collisions. A drunk driver slammed into the trooper at 80 miles per hour while he was working on the side of the road.The consequences of ignoring Texas’ move over laws can extend beyond fines or criminal penalties. Drivers may also be held accountable for causing deaths or catastrophic injuries. Victims of drivers ignoring this law may decide to sue for damages.The Texas car accident lawyers at Mike Love & Associates, LLC can hold negligent drivers accountable when they injure or kill other people.