Driving Laws: Can You Use Your Cell Phone on the Road?

Many of us would be lost without our cell phones. From keeping us constantly connected and allowing us to pay bills to recording and storing treasured memories, it can often seem like our entire lives are conducted from the palms of our hands.

But there’s one place where our cell phones should sit firmly out of reach — in our vehicles.

As much as we all like to think we can multitask, what we perceive as focusing on multiple tasks at once is the brain rapidly flitting from one to the other. And that’s what makes driving with a cell phone so dangerous.

It only takes a moment of distraction for a devastating accident to occur, and the result can be life-changing or even fatal for those involved.

In this article, San Antonio accident attorney Dr. Louis Patino explains the law on using your cell phone on the road and the potential legal consequences.

Texting While Driving Laws

Every state enforces its own rules on texting while driving. Most prohibit texting while operating a vehicle, with Montana being the sole state not enforcing the ban. Most states also have primary enforcement laws, meaning police officers can pull drivers over and issue citations if they suspect texting while driving.

A handful of states have secondary enforcement laws, meaning officers must have another reason for pulling you over, such as speeding or running a red light. An officer can then issue a ticket if they have evidence of sufficient reason to believe a driver has been texting while driving.

While some jurisdictions may have state-wide laws, individual cities may enforce different rules. For example, texting while driving is banned in Texas, but some cities ban all cell phone use by drivers. It’s crucial to be familiar with the road rules where you are and anywhere you may be traveling, as ignorance is not a defense to violating traffic laws.

What Constitues as Texting?

Rather than singling out texting alone, state laws generally prohibit “electronic messages” or “text-based communication.” With this in mind, the law applies not only to

reading or typing a text message but also to emails, instant messages, and social media updates.

What Are the Penalties for Texting While Driving?

Just as the individual laws around text-based communication while driving vary, so too do the penalties. In Texas, where Patino Law Firm is based, penalties for violating the texting while driving ban vary from a fine of $25-$99 for a first-time offense to up to

$200 for subsequent offenses.

Some states also issue license points and potential license suspensions for offenders. Penalties are more severe for individuals whose conduct causes an accident, resulting in injury or death.

Drivers who use their cell phones on the road in Alaska face some of the stiffest penalties, where a standard violation is punishable with a $500 fine. When driving while distracted causes serious injury, drivers face a fine of up to $100,000 and 10 years in prison.

Are There Any Exceptions to Cell Phone Use Laws?

An emergency is unlikely to be an effective defense to texting while driving, primarily because a text message is not an urgent method of communication. Consider this: If a loved one is taken to hospital and you need to tell their spouse, or you’re babysitting a child’s friend who falls ill, you’re unlikely to send a text or message them on Facebook to let them know — you’ll pick up the phone to speak to them directly.

In jurisdictions that ban all cell phone use or prohibit hand-held use, exceptions can apply in the following scenarios:

• Calling 911
• Contacting a hospital or doctor’s office
• Reporting a fire to the local fire department
• Calling the local police department to report an accident or crime in

If you are pulled over for using your cell phone and an exception applies to you, you must prove it, such as by showing your call history. The police can then follow up with the person you called to verify the information.

How Texting While Driving Impacts Personal Injury Claims

Because texting while driving is an offense in most U.S. states, it constitutes negligence. Drivers owe each other a duty of care on the road — and this duty extends to abiding by

local road laws. This means that if you are injured in an accident caused by a distracted driver because they were texting a friend, reading an instant message, or chatting on the phone with the receiver held to their ear instead of going hands-free, you may be entitled to recover compensation via a personal injury claim.

The unfortunate reality is that distracted driving accidents can cause devastating injuries. A person with a spinal cord injury might never walk again. A driver who sustains a brain injury might struggle to communicate and need years of treatment with no hope of a full recovery. Some individuals suffer fatal injuries.

Yet, the comparatively lenient penalties do little to discourage drivers from sending off a quick text or reading an urgent email from a client.

A personal injury claim allows accident victims to recover the potentially substantial losses they’ve suffered due to another driver’s negligence, from medical bills, lost wages, and ongoing physical treatment and rehabilitation costs to compensation for pain and emotional anguish.

If you’ve been injured in a car accident by a driver you suspect was using their phone when the law prohibits it, it is vital to speak to a personal injury lawyer. Proving a driver was texting can be challenging if they deny it, but an attorney can gather evidence — including subpoenaing the at-fault driver’s cell phone records to prove when a text was sent or recover deleted phone logs — to help you build your case.