Texting and driving is illegal in Texas. The state’s distracted driving law makes it clear that reading, writing, or sending a text while behind the wheel is against the law. Many drivers in Houston, Katy, and across Texas still have questions about what’s allowed, but using your phone for texting puts you and everyone around you at risk.
Texting while driving is a leading cause of serious crashes, leaving victims with injuries that can change their lives forever. Families in Texas know the dangers, especially in busy areas like Houston highways and intersections, where a single moment of distraction can have devastating consequences. If you or a loved one has been hurt, an experienced Houston car accident lawyer can explain your rights and guide you through the next steps.
Joe and The Stephens Law Firm have built a reputation for winning accident and injury cases across Texas. Big or small, your case matters, and The Stephens Law Firm is here to protect victims and hold negligent drivers accountable.
KEY TAKEAWAYS
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Texting while driving is prohibited in Texas and is a leading cause of accidents and injuries.
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Penalties for texting while driving include fines, higher insurance premiums, and potential criminal charges for severe accidents.
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Victims can recover compensation for medical bills, lost wages, pain, and suffering, with legal help from a personal injury lawyer like Joe Stephens
Beyond the Fine: Local Laws and Specialized Restrictions
Texas state law is the “baseline,” but many cities and specific driver categories have even stricter rules.
- Hands-Free City Ordinances: Many Texas cities have passed “Hands-Free” ordinances that go beyond the state’s texting ban. In these cities, it is illegal to even hold a device while driving, even for GPS or music.
- Novice Driver Restrictions: Drivers under the age of 18 are strictly prohibited from using any wireless communication device while driving—even if it is hands-free.
- School Zones: Using a handheld device in a school zone is a primary offense throughout Texas. Fines are strictly enforced, and insurance rates typically spike after a school zone violation.
2024 DISTRACTED DRIVING STATISTICS
According to TxDOT, distracted driving continues to be a serious problem in Texas:
- 1 in 5 Crashes: Nearly 20% of all collisions on Texas roads are caused by a distracted driver.
- Fatalities & Injuries: In 2024, distracted driving claimed 380 lives and left 2,587 people with life-altering, serious injuries.
- The Demographic Risk: 62% of these crashes involve drivers between the ages of 16 and 44, a group that includes both novice drivers and experienced commuters.
- A Persistent Threat: While fatalities decreased slightly (5.71%) from 2023, the sheer volume of serious injuries proves that Houston roads remain high-risk areas for distracted driving wrecks.
Since September 1, 2017, it has been illegal to read, write, or send a text while driving in Texas. Violators face fines of up to $200. Many Texas cities also prohibit any use of a handheld device while driving.
Penalties for Texting and Driving in Texas
Breaking Texas’s texting and driving law has serious consequences and increases insurance premiums, especially for repeat offenders and violations that result in serious injury or death.
Penalties for texting and driving include:
- $25 to $99 fine for a first offense
- Up to $200 fine for repeat violations
For violations that result in death, the distracted driver can be charged with criminally negligent homicide or manslaughter.
The cost of checking a text is never worth the injuries and medical bills. If you’ve been hurt in a wreck by a texting driver, Joe Stephens can explain your legal rights and help you pursue compensation.
Distracted Driving Penalties in Texas
Offense | Fine |
First offense (texting while driving) | Up to $99 |
Repeat offense | Up to $200 |
Texting in a school zone | Up to $200 |
Distracted driving causing serious injury | Up to $4,000 + up to 1 year in jail |
Distracted driving causing death | Up to $4,000 + up to 2 years in jail |
Determining Liability in Texas Texting and Driving Accidents
Liability begins with the distracted driver, but it can extend to others depending on the circumstances. Texas law looks at everyone’s share of fault, including employers, when the driver was on the job.
Parties who may share responsibility include:
- The texting driver who caused the crash
- An employer, if the driver was working at the time
- A company that encouraged unsafe phone use or failed to enforce a safety policy
- Another driver whose separate negligence helped cause the accident
- A vehicle owner, for negligent entrustment, if they allowed an unsafe driver to use the car
Texas follows comparative negligence, meaning if you are 50 percent or less at fault, your recovery is reduced by your percentage of fault. If you are more than 50 percent at fault, you can’t recover. For example, if you glanced at your phone, but another driver ran a red light and hit you, the fault can still fall mainly on the other driver.
In Texas, most claims are paid through the at-fault driver’s liability insurance. If the driver was working at the time of the crash, an employer’s commercial policy may also apply. Your own uninsured/underinsured motorist (UM/UIM) or personal injury protection (PIP) coverage can help if the responsible driver lacks adequate insurance.
How Distracted Driving Impacts Your Personal Injury Claim
If you were hit by a driver who was texting, their violation of Texas law is a cornerstone of your legal case. In Texas, we use the doctrine of negligence per se. This means that if we can prove the other driver was texting in violation of the Texas Transportation Code, the jury can find them negligent as a matter of law.
Evidence we use to prove distracted driving includes:
- Cell Phone Records: Subpoenaing data to show the exact second a text was sent or received relative to the crash timestamp.
- App Usage Data: Proving a driver was scrolling through social media or a delivery app.
- Witness Testimony: Statements from people who saw the driver looking down at their lap before the impact.
What Compensation Can You Recover After a Texting and Driving Accident in Texas?
If a distracted driver hurt you, Texas law allows a claim for the losses the crash caused. The main types of compensation to recover after a car accident claim in Texas include:
- Past and future medical bills and treatment
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage and rental car costs
To protect your right to compensation, document everything from day one. Get medical care, keep all records, take photos of the scene, and reach out to The Stephens Law Firm so Joe can start organizing evidence for your case, help calculate pain and suffering for your car accident claim, and pursue the full value of your claim.
How a Texas Personal Injury Lawyer Helps After a Texting and Driving Accident
After a texting and driving crash, you need someone who knows the law and the insurance playbook. Joe and The Stephens Law firm investigate the wreck, collect vital evidence, and deal with insurers so you can focus on healing. With over 40 years of experience and a double board certification, Joe Stephens is ready to protect your claim from day one.
Get your free case evaluation today by calling (281) 201-0035 or contacting us online.
