Distracted Driving continues to threaten the safety of every driver and passenger on Texas roadways. Inattention behind the wheel accounts for 18% of all accidents in the state of Texas, causing nearly 100,000 crashes annually[1]. Momentarily taking your eyes off the road to adjust the radio, reply to a text message, or browse through social media compromises your ability to safely operate a motor vehicle. Drivers who partake in these types of negligent behaviors put themselves and everyone else on the road in danger. So, what is distracted driving and how can it be prevented?
What is Distracted Driving?
In Texas, distracted driving is defined as, “any activity that diverts attention away from the primary task of safe driving”[2]. The Texas Department of Transportation (TXDOT) captures the severity of this issue through the most recent annual crash report. In 2020, distracted driving led to 85,251 accidents, claiming 367 lives and seriously injuring 2,205 others.[3] These fatal distraction-affected crashes are a direct result of driver carelessness, and are 100 percent preventable.
Traffic safety experts categorize driving distractions into four main categories: [4]
- Manual – Taking one or both hands off of the wheel.
- Auditory – Hearing distractions not related to the task of driving.
- Visual – Taking your eyes off of the road.
- Cognitive – Taking your mind off of the task of driving.
Talking and Texting while operating a vehicle involves three of these distractions.
How to Prevent Distracted Driving
Simply being an attentive and alert driver can prevent unintentional car crashes, injuries, and death.
Drive now, Talk and Text Later
There are many ways a driver can lose focus on the road, but cellphones are often the culprit in distraction-related accidents. A recent study found that Texas drivers spend 7.0% of their driving time looking down at their phones. [5]
Steer Clear of These Driving Distractions
Minimize or Avoid these behaviors when you’re behind the wheel:
- Eating or Drinking
- Getting lost in thought
- Grooming (Applying makeup, etc.)
- Adjusting the Radio or AC
- Looking at GPS, Maps, or Navigation System
- Smoking
Although these distractions are legal, they still significantly increase your risk of crashing. For example, simply reaching for an object in the car increases the chances of a driver wrecking by 800%.[6] These non-cellphone distractions accounted for 81,798 car accidents in the year 2020, in Texas alone. [7] It’s important to remember that even small, conventional distractions create hazardous driving conditions.
Distracted Driving in Texas
The second most common contributing factor for all car accidents in the state of Texas is distracted driving [8]. Other research efforts help Texans realize the dangers associated with inattention behind the wheel:
In 2020, 1 out of every 5 crashes on Texas roadways were caused by a distracted driver. [9]
- Distracted driving causes nearly 4 times more accidents than driving under the influence of drugs and alcohol.[10]
- San Antonio, Austin, and Dallas made the list for top 5 cities with the highest phone use behind the wheel (compared to all major metropolitan areas throughout the United States) Earning the title of most distracted cities in the US.[11]
- 10% of Texas drivers are using their cell phones right now. [12]
Texas’ Distracted Driving Laws
The state-recognized texting and driving as a significant public health and safety issue and took action to reduce the occurrence of distracted driving. On September 1, 2017, Texas issued a statewide ban against ‘electronic messaging while operating a motor vehicle, becoming the 47th state to do so. With the passage of House Bill 62, hand-held cell phone distractions such as reading, emailing or sending a text message while in control of a vehicle became a criminal offense.[13]
More recently, Senate Bill 43 aimed to reduce loopholes in the 2017 distracted driving legislation and push for stricter laws relating to only allowing ‘hands-free’ device usage behind the wheel. State Sen. Judith Zaffirini drafted Senate Bill 43 to outlaw all hand-held phone usage while operating a motor vehicle, not just texting and instant messaging.[14] For example, it’s now illegal to type and send a text at a stoplight. Today, Senator Zaffirini continues to advocate for a complete set of Texas laws against distracted driving.
Texas officers use Primary Enforcement [15] when it comes to using hand-held communication devices while in control of a motor vehicle. Officers can and will pull a driver over for suspected texting and driving.
Death by Distracted Driving
On March 20, 2016, a cell phone-related distraction lead to a tragic and fatal car collision. Four young women were traveling northbound on Highway 77 near the city of Corpus Christi when the driver glanced down at the GPS on her cellphone to navigate her way back home to Houston, Texas. Witnesses say the 2013 Hyundai Elantra veered left before crossing the median and driving straight into oncoming traffic, colliding head-on with an 18-Wheeler. The forceful impact instantly killed sisters Jade Robinson, 17, and Brianna Robinson, 19, their mom’s only children. The third victim Brittanie Tashay Johnson, 18, died later that night in Spon Memorial Hospital. The driver was the sole survivor of the crash.
The three deceased girls had bright and promising futures. Brianna Robinson and Brittanie Johnson were recent graduates of Bellaire High School. The younger Robinson sister was a high school senior who recently committed to play volleyball for Tennessee Wesleyan College. Her teammates remember Jade as, “a positive force and role model on and off the court.” [16]
According to The Department of Public Safety distracted driving is the #1 killer of teens in America.[17] This tragic accident was just one of the 109,658 total distracted-related crashes on Texas roadways in 2016.[18]
Texas statewide laws and campaigns continue to educate and discourage Texans from participating in any and all forms of driving distractions. Their efforts are dedicated to saving lives and reducing fatal crashes on Texas roads. The most important aspect of any and all distracted driving accidents is that they are completely preventable.
Written by:
Denae Scott
Law Clerk
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
Frank Guerra
Board Certified – Personal Injury Law
Texas Board of Legal Specialization
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
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