Individual municipalities within Texas have the authority to enact cell phone regulations that further restrict cell phone use while driving within their jurisdictions.
The City of El Paso has an ordinance on the books regarding cell phone use while driving that is more restrictive than the statewide laws. Motorists driving through El Paso need to be more careful about how they use a cell phone or risk getting a traffic ticket.
City of El Paso Cell Phone Use Ordinance
The City of El Paso has had an ordinance in effect regarding cell phone use while driving since 2010. The law begins:
“An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle.”
Thus, the ordinance appears to prohibit ALL cell phone use while driving and not just texting. The prohibition does not apply when a vehicle is stopped or if the device is affixed to the vehicle and used for navigation. If a person is cited for violating the law, they can argue in their defense that they were using a cell phone to obtain emergency assistance, had a reasonable belief someone’s safety was in jeopardy, or that the device was being used hands-free.
The ordinance is subordinate to the Texas Transportation Code and does not apply to the extent the provisions conflict with state law. So, what does this mean for drivers who find themselves in El Paso and want or need to use their cell phones? It means that anyone driving the roads within the city’s 250-plus square miles should avoid talking on a hand-held cell phone unless it is with emergency response personnel.
Cell Phone Use While Driving in Texas
In 2017, the Texas Legislature made it a traffic violation to use a “wireless communication device” for “electronic messaging” while driving a motor vehicle. The law is an attempt to force people to pay more attention to driving while driving and reduce the number of accidents caused by drivers who become distracted by cell phone use.
The Texas Transportation Code prohibits the operator of a motor vehicle from using a cell phone to “read, write, or send” a text while the vehicle is moving. However, any of the following circumstances are recognized defenses to a texting while driving charge.
- The vehicle was stopped.
- The device was being used hands-free.
- The device was being used as part of a navigation system.
- The device was being used to activate a music function.
- The device was used to report illegal activity, get help in an emergency, or obtain traffic information.
Texting while driving is a misdemeanor offense and is punishable by a fine. The amount of the fine increases with two or more offenses. A more serious charge, with a much larger fine and jail time, may be warranted if someone dies or is seriously injured as a result of the offense.
Texas Allows Some Exceptions
The state’s laws do not ban all use of cell phones while driving except in limited circumstances. Even then, it’s still okay to use a cell phone to contact emergency assistance. Drivers under 18 are not allowed to use cell phones for any purpose except in an emergency.
A school bus driver or other bus driver with a minor passenger on board may not use a cell phone (while the bus is moving) except to summon police or medical assistance. Also, you can only use hands-free cell phones while driving in a school crossing zone or on school property.
Cell Phone Use and Distracted Driving Accidents
Accidents caused by distracted drivers are a growing problem in Texas. The Texas Department of Transportation (TxDOT) reports that nearly one in six crashes involve a distracted driver. In 2023, 399 people died, and 2,793 were seriously injured in The Lone Star State because of driver distraction.
According to a press conference by TxDOT, the City of El Paso recorded 2,611 traffic accidents attributed to distracted driving in 2023. In those crashes, 32 people were seriously injured, and 9 lost their lives.
TxDOT initiated the “Talk. Text. Crash.” safety campaign to raise awareness about the dangers of distracted driving and encourage drivers to put cell phones down and pay attention when driving. Texas has not had a deathless day on its roadways since November 7, 2000. With the #EndTheStreakTX campaign, TxDOT hopes Texans will prioritize safety and reduce the number of fatal accidents.
Why Distractions While Driving Are So Dangerous
A driver who is focused on driving has both hands on the wheel and their eyes on the road. They are concentrating on what is going on immediately outside the vehicle and coming up ahead. Distractions can impair a driver’s ability to drive safely in three ways.
- Manual distraction – Causes a driver to remove one or both hands from the wheel thereby compromising vehicle control.
- Visual distraction– Causes the driver to look away from the road and relinquish precious seconds of response time to changing traffic conditions.
- Cognitive distraction – Diminishes the driver’s awareness of safe driving practices and undermines sensible decision-making while driving.
The crash risk associated with distraction is proportionate to the amount of driver attention a distraction attracts. Distractions involving minimal cognitive attention, like adjusting a car radio, are lower risk than distractions that demand more focus, such as reading or writing a text message on a cell phone. Using a cell phone while driving can cause manual, visual, and cognitive distractions.
How to Avoid Cell Phone Distractions While Driving
TxDOT says research has shown using a wireless device while driving – even when use does not involve hands – is still a distraction that takes a driver’s attention off the road. Drivers are advised to do the following regarding driving and cell phone use:
- Give driving your full attention.
- Pull completely off the roadway and stop before using a cell phone to talk or text.
- Turn your cell phone off and put it out of reach.
- Let everyone know that you won’t respond to calls or texts while driving.
- Remember distractions are dangerous, and don’t let your attention wander.
- Use a ‘do not disturb’ app to block notifications and set up an auto-response to reply to incoming texts.
Help for Persons Injured in Accidents With Distracted Drivers
Despite legal prohibitions against the use of cell phones while driving, driver distraction is responsible for thousands of injury-causing accidents every year in Texas. Those who suffer injuries after an accident with a distracted driver could be entitled to compensation for their losses.
If you or a family member has been injured in a car accident caused by a distracted driver, Farah Law can help you pursue a claim against the responsible parties. Our El Paso distracted driving lawyers are experienced litigators who fight for the justice our clients deserve. Clients don’t pay unless we win. Contact Farah Law to schedule your free consultation today.