How Do People Who Text and Drive Get Punished in Different States?

Texting while driving is a leading cause of distracted driving accidents, with severe consequences for both drivers and victims. Laws regarding texting and driving vary across the United States, but the goal is the same: to discourage dangerous distractions behind the wheel.

Is Texting and Driving Illegal?

Yes, texting while driving is prohibited in all states, with varying degrees of enforcement:

• Statewide Bans: These laws prohibit sending or reading text messages while driving in the entire state. Some states extend this ban to include the use of other electronic devices while driving. This means texting is banned across the whole state, regardless of location or driving conditions.
• Hands-Free Laws: In states with hands-free laws, drivers are allowed to use their phones while driving, but only in a hands-free manner. This typically means using Bluetooth or voice commands to make calls or send messages without physically holding the device. Texting while driving, in any form, is still prohibited in these states, but hands-free communication is allowed.
• Primary Offense : In states with primary enforcement laws, law enforcement officers can pull over and ticket drivers solely for texting while driving. This means that texting while driving is a primary offense, and officers don’t need any other reason (like speeding or reckless driving) to stop a driver and issue a citation.

In states like Texas, drivers are prohibited from using handheld devices in specific zones, including school areas. Violations can lead to fines, increased insurance premiums, and potential legal consequences if an accident occurs.

Statistics of Driving and Texting in 2024

Texting and driving continue to pose a significant threat to road safety. Despite efforts to raise awareness and implement strict regulations, the problem persists. Below are some key statistics that highlight the dangers and prevalence of texting and driving:

• Distracted Driving in Texas: In 2023, nearly one in six crashes on Texas roads involved a distracted driver. These crashes resulted in 399 deaths and 2,793 serious injuries, according to the Texas Department of Transportation (TxDOT).
• Impact of Distracted Driving Fatalities: In 2022, distracted driving accounted for 3,308 deaths in the U.S., as reported by the National Highway Traffic Safety Administration (NHTSA). Texting is a significant contributor to these fatalities.
• Injury and Crash Data: According to the Centers for Disease Control and Prevention (CDC), about 424,000 people were injured in crashes involving distracted drivers in 2019. Texting increases crash risk significantly.
• Teen Drivers: The CDC highlights that drivers aged 15–20 are mostly involved in crashes related to texting and driving. Nearly 39% of high school students reported texting or emailing while driving in a 2019 survey.
• Crash Likelihood: The Federal Motor Carrier Safety Administration (FMCSA) reports that drivers who text are 23 times more likely to crash compared to those who focus solely on driving.

The Legal Consequences of Texting and Driving

Texting and driving is not only a dangerous behavior but also a legal violation with serious consequences. Drivers caught texting may face:

• License Points: Some states assign points to a driver’s record, which could result in higher insurance premiums or even license suspension.
• Criminal Charges: In some cases, texting while driving can lead to criminal charges and can be sentenced to jail time, especially if the driver causes an accident that results in injury or death.
• Civil Liability: If texting leads to an accident, the driver can be sued for damages, including medical expenses, lost wages, and pain and suffering.

Laws in Different States About Texting and Driving

While texting and driving laws vary by state, here’s a look at how some states address this issue:

State	Texting Ban	Hand-held Phone Use	Fine (1st Offense to Subsequent Violations)
Texas	Yes (Primary offense)	Not allowed in school crossing zones and on public school property. (Primary offense)	$25-$200
California	Yes (Primary offense)	Yes (Primary offense)	$20-$50
New York	Yes (Primary offense)	Yes (Primary offense)	$50-$450
Florida	Yes (Primary offense)	Yes, in school crossing or school zone or a roadwork zone	$30-$60
Illinois	Yes (Primary offense)	Yes (Primary offense)	$75-$1000
Georgia	Yes (Primary offense)	Yes (Primary offense)	$50-$150
Virginia	Yes (Primary offense)	Yes (Primary offense)	$125-$250
Nevada	Yes (Primary offense)	Yes (Primary offense)	$50-$250
Arizona	Yes (Primary offense)	Yes (Primary offense)	$75-$250
Washington	Yes (Primary offense)	Yes (Primary offense)	$136-$234
Tennessee	Yes (Primary offense)	Yes (Primary offense)	$50
Missouri	Yes	Yes	$150-$500
New Mexico	Yes	Yes, in commercial motor vehicles	$25-$50

Note: Primary offense laws allow officers to ticket drivers for texting while driving without any other violation, while secondary offenses require an additional primary violation for a citation to be issued.

Dangers of Texting and Driving

Texting while driving is particularly dangerous due to the three types of distractions it creates:

1. Manual Distractions: Texting requires drivers to remove one or both hands from the wheel, impairing their ability to control the vehicle in critical situations.
2. Visual Distractions: Looking at a phone screen draws the driver’s eyes away from the road, causing missed signs, signals, or pedestrians and increasing the chances of collisions.
3. Cognitive Distractions: Texting divides the driver’s attention, impairing judgment and slowing reaction times when faced with hazards, ultimately reducing the driver’s ability to make quick, safe decisions.

How Authorities Are Addressing the Problem

Efforts to reduce texting while driving include:

• Public awareness campaigns: Programs such as “Talk. Text. Crash.” focus on educating the public about the dangers associated with distracted driving.
• Increased enforcement: Police departments use unmarked vehicles to catch violators.
• Technology solutions: Apps and settings that block texts while driving are gaining popularity.

How Can You Prevent Texting While Driving?

To prevent texting while driving, a simple but effective strategy is to set up auto-replies. This lets others know you’re driving and unable to respond, reducing the temptation to check your phone. You can easily set up automatic replies, such as “I’m driving, I’ll respond soon.” Most smartphones support this feature.

Additionally, use “Do Not Disturb” or “Focus Mode” to silence notifications while driving. This helps minimize distractions and ensures you stay focused on the road. Keep your phone within reach but out of sight to avoid the urge to text. Setting up everything you need before your journey can help maintain focus, especially on long drives.

Injured by a Distracted Driver? Contact Mokaram Law Firm

If you’ve been injured in an accident caused by a distracted driver, such as someone texting behind the wheel, you could be entitled to compensation for medical expenses, lost wages, and other damages. Our car accident lawyers specialize in distracted driving cases and are committed to securing the maximum compensation for your injuries.Call us today for a free consultation to evaluate your case and understand your legal options. Our team is here to help you obtain the financial compensation you need to move forward.