Is It Against The Law To Talk On Your Cell Phone While Driving In Texas?

Distracted driving is incredibly dangerous for everybody on the roadway. As long as there have been vehicles, distracted driving has been a problem. However, as cell phones become more and more a part of our lives, they also become more of a danger on the roadway. One of the most commonly asked questions is – Is it illegal to talk on a cell phone while driving in Texas?

What Texas law says about talking on the phone while driving

According to state government statistics, one out of every five crashes involves driver distraction. Due to the increase in distracted driving caused by phones, in 2017, the Texas legislature passed a statewide ban on using any wireless communication device from being used for electronic messaging while operating a motor vehicle.However, the law does not prohibit talking on a cell phone while driving in Texas. While the state legislature has debated on mandating the use of hands-free devices when talking on the phone and driving in the state, they have not yet passed any laws pertaining to that issue. The only groups of people that are prohibited entirely from using wireless communication devices while driving are:

• drivers with learner’s permits
• drivers under the age of 18
• school bus operators if children are present
• any driver operating in school zones

The 2017 law passed in Texas focused on prohibiting drivers from sending or receiving text messages, as well as reading or writing emails, while driving their vehicles. This is obviously a good step to take in order to curb distracted driving in the state, but does this law go far enough?

Texas distracted driving statistics

According to the Texas Department of Transportation, there were approximately 250,000 people injured and 3,639 fatalities due to traffic accidents during the latest reporting year in the state. However, the Texas DOT also breaks down known distracted driver crashes. During that same reporting year, there were 96,151 total distraction driving car crashes. Out of these incidents, there were:

• 398 fatalities
• 2,360 suspected serious injuries
• 12,954 non-incapacitating injuries
• 29,253 possible injuries

Injuries caused by distracted driving crashes are often severe. It is not uncommon for the following to occur due to a distracted driving incident:

• Traumatic brain injuries/head injuries
• Spinal cord injuries/paralysis
• Internal organ damage/internal bleeding
• Broken or dislocated bones
• Severe lacerations or amputations

Curbing distracted driving

According to the US Centers for Disease Control and Prevention (CDC), approximately nine people are killed and more than 1,000 are injured each day due to distracted driving incidents. The CDC defines distracted driving is anything that takes a person's attention away from operating the vehicle.According to the CDC, sending or receiving a text message regularly causes the person to take their eyes off the road for five seconds. When driving at 55 mph, that is enough time for the driver to cover the length of a football field. How many other vehicles, bicyclists, and pedestrians are put into danger during those five seconds the driver is not watching the roadway? Worse, with hundreds of vehicles on the roadway, how many other drivers are operating while distracted.Distracted driving laws are continually changing as state and local governments work to determine the best way to prevent unnecessary deaths on the roadway.

How Does Insurance Determine Who's At Fault In A Car Accident?

Nobody wants to be involved in a car accident, but the reality is that these incidents happen all the time. In Texas, there were more than 540,000 total car accidents during the latest reporting year, according to the state Department of Transportation. These crashes led to more than 250,000 injuries and 3,639 total fatalities. In the aftermath of a car accident, victims will turn to their insurance carriers to recover compensation for injuries and property damage. However, many people wonder how an insurance carrier determines who was at fault for the car accident.

What information do insurance carriers use?

In the aftermath of a car accident in Texas, everyone involved will make claims to their insurance carrier. They will relate what happened in the incident, and their insurance carrier will begin the investigation. After a car accident, it is important to determine who is at fault because the at-fault driver’s insurance carrier will be on the line for property damage and injury expenses.You can be sure every insurance carrier involved will do what they can to limit the amount they pay in a settlement. They will conduct a thorough investigation of all of the evidence in order to determine liability. Insurance carriers will:

• gather all evidence from the scene of the crash, including police reports, video and photo surveillance, eyewitness statements, anymore.
• speak to every party involved in the incident to get their version of events.
• closely scrutinize every medical record related to the incident.
• thoroughly review any estimates of property damage.

Texas comparative negligence laws

In many cases, more than one driver is at fault for a car accident. This does not mean that nobody will receive compensation. Texas operates under what is called a modified comparative negligence system. This means that any party who is less than 51% at fault in a crash is entitled to recover compensation for damages. However, the amount of compensation a person receives will be reduced based on their percentage of fault for the accident.For example, if an insurance carrier awards $10,000 in damages to a car accident victim but has determined that the person was 10% responsible for the crash, the victim will only receive $9,000 in total compensation.Comparative negligence laws often pit insurance carriers against one another and an attempt to place the blame away from their respective policyholders. A skilled Texas car accident attorney is often required to navigate these insurance claims.

What type of compensation is available?

There are various types of compensation available to victims of car accidents. While no two accidents are the same, it is not uncommon for the following types of compensation to be awarded after a crash:

• coverage of all medical bills related to the incident
• compensation for lost wages and benefits if a person cannot work while they recover
• compensation for pain and suffering damages that resulted from the injuries

In cases where the at-fault driver was grossly negligent or intentionally caused a motor vehicle accident, punitive damages may be awarded in order to punish the person responsible and to prevent them from operating in such a manner in the future.The total amount of compensation awarded in a car accident case will vary depending on several factors related to the accident, such as the severity of the injuries, the total amount of property damage, how much pain and suffering a victim endures, and more.

Do You Have To Report A Car Accident In Texas?

Getting into a car accident can be a scary experience, and the aftermath can be incredibly confusing. Whether you are dealing with serious injuries after a crash or only sustained minor property damage, it is important to understand what Texas laws say about reporting car accidents. A car accident report is often a valuable part of the process when it comes to securing compensation for injury and damage expenses.

How common are car accidents?

There is no denying that car accidents in Texas are a common occurrence. According to the Texas Department of Transportation, there were 543,537 total crashes during the latest reporting year of data available. Out of these incidents, there were 3,639 total fatalities and approximately 250,000 injuries reported. While most car accidents led to only minor injuries or property damage, nearly every accident in Texas requires reporting.

Texas reporting laws

Texas law is clear about when a car accident report is required. Texas Transportation Code §550.062 requires any law enforcement officer to complete the Peace Officer’s Crash Report (CR-3) if a motor vehicle crash results in injury or death of a person or damage to any property worth more than $1,000.If a police officer fills out a crash report, anyone involved in the incident does not have to fill out a crash report of their own. The officer is required to submit the report to the DOT. While it may be tempting to not report an incident to police if it seems like there is only minor property damage, it is a good idea to call the police to the scene to document the incident and determine who was at fault. Even minor property damage could easily result in damages exceeding $1,000.Failing to report an accident In Texas that resulted in an injury or property damage of more than $1,000 is punishable with jail time, a fine of up to $5,000, or both.

What if the accident was minor?

Again, you should seriously consider calling law enforcement to the scene of any accident and let them determine the severity. However, many people involved in minor incidents do not call the police, only later to realize that the damage was more than $1,000 or that medical treatment was needed for an injury.In these cases, an alternative crash report should be filled out. This is known as a CR-2 Crash Report (Blue Form) and should be kept for your records. Previously, this form had to be filed directly with the Texas Department of Transportation, but a 2017 law changed that requirement. However, a CR-2 should still be filled out within 10 days of the accident to increase the likelihood that everything in the report is accurate. This incident can still help when filing a claim with your insurance carrier for any injuries or property damage.

Comparative fault in Texas

Many drivers involved in an accident do not fill out reports or call the police because they think they were at least partially at fault for the incident and cannot receive compensation.In Texas, there is a modified comparative negligence system in place. This means that a person can still recover compensation after an accident, even if they were partially at fault for the incident. Any party that is less than 51% responsible for a car accident can recover compensation, though their final settlement will be reduced based on their percentage of fault.

Mike Love & Associates Sponsor Alzheimer's Walk to Remember

More than 5 million Americans are affected by Alzheimer's Disease and there are more than 16 million caregivers helping them every day.  Several of the staff members of our firm have relatives fighting this horrible disease and wanted to form a team.Mike Love and Associates was the presenting sponsor for a movie night in downtown Lufkin, by renting the historic Pines Theatre and showing the movie Steel Magnolia's.  The evening including a selfie booth and opportunities to donate included a raffle, and a wine pull.  The event was well attended and raised $1,100.Our law firm put together a team of employees, family, and friends that walked the day of the event with 17 members.  This year the local walk had over 80 teams with 585 participants and the event raised a total of $55,000. This is the first year the law firm has had a team but next year we look forward to more walkers and increasing our fundraising goal.

Fatality Crash Involving 18 Wheeler on 1669 Demonstrates Importance of Trucking Safety Rules

The Texas Department of Public Safety is still investigating a fatality crash that occurred May 15^th on FM 1669 just north of Huntington. Initial reports state that an 18 Wheeler carrying oil field equipment lost control of an unsecured load causing the heavy equipment to strike a pickup truck being driven by Jeremy Johnson, 38, of Mineral Wells.  Tragically, Mr. Johnson was pronounced dead at the scene by Angelina County Justice of the Peace Pct. 3 Pat Grimes Grubbs.

Sadly, this is another example of a preventable crash taking a life on Texas roadways. Contrary to what many may think, most professional trucking companies, and drivers, are true professionals who follow the rules, take their work seriously and put safety first. Unfortunately, when trucking companies don’t follow the rules, and don’t put safety first, the results can be catastrophic.

In trucking crash litigation, this is what attorneys refer to as a “systems failure crash” because the root cause of the crash occurred long before the actual crash.  In this case for example, there are multiple trucking industry safety rules that must have been violated to allow this crash to occur.  There are specific rules about how loads must be secured before being transported on the highway including the type and strength of straps and/or chains and the manner they are secured.  The truck, trailer and load must be checked again before the truck gets on the highway, and then, depending on the type of load, the driver may be required to stop after the first 15 minutes of driving to check the load again.  

Trucking companies are required to train their drivers on these safety rules and put procedures in place to make sure the drivers understand and follow all safety “rules of the road”.  According to initial reports, the oilfield equipment being transported was “unsecured”. When trucking companies ignore established safety rules, training and procedures the results can be devastating and tragic.

Mike Love
Mike Love & Associates LLC
202 E. Lufkin Ave.
Lufkin Texas 75901
Ph. 936.632.2000
WWW.TexasLawOffice.com

Mr. Love’s firm represents clients injured in 18 Wheeler crashes nationwide and has been a featured speaker for the Texas State Bar Seminar on Prosecuting Trucking and Auto Crash Cases since 2014.  Mr. Love is a Board Member and Sustaining Member of the Texas Trial Lawyers Association. If you are a family member have been seriously injured in an 18 Wheeler crash, you can contact the firm at 936-632-2000.