In Texas, distracted driving is considered any activity that diverts attention from driving, such as texting, talking on the phone, eating, grooming, or adjusting the car’s controls. It is illegal to text while driving, and drivers can face fines of up to $200 for violations. Despite these laws, distracted driving remains a serious issue in the state.
According to the Texas Department of Transportation (TxDOT), in 2023, nearly 1 in 6 crashes in Texas were caused by distracted driving. This led to 399 fatalities and 2,793 serious injuries. National statistics show that Texas ranks among the states with significant distracted driving incidents, with 495 fatalities due to this cause in 2022 alone.
TxDOT continues to promote campaigns like “Talk. Text. Crash.” to raise awareness and reduce distracted driving accidents on Texas roads.
What is Distracted Driving?

Here’s a visual representation of distracted driving where the driver is looking at a phone while navigating a busy city street, surrounded by various distractions inside and outside the vehicle. This illustrates the dangerous consequences of being unfocused behind the wheel.
“Distracted driving” refers to any activity that diverts a driver’s attention away from the primary task of driving. These distractions can be visual, manual, or cognitive, and they significantly increase the risk of accidents. Here are the main types of distracted driving:
Visual Distractions
Visual distractions is anything that takes your eyes off the road.
Examples of visual distractions:
- Looking at a phone screen or GPS device.
- Checking the rearview mirror for too long.
- Looking at passengers or objects in the car.
- Staring at billboards or scenery instead of focusing on the road.
Manual Distractions
Manual distractions is anything that takes your hands off the steering wheel.
Examples of manual distractions:
- Texting or dialing a phone number.
- Eating or drinking while driving.
- Adjusting the radio, GPS, or climate control.
- Reaching for objects inside the vehicle.
- Grooming, such as applying makeup or combing hair.
Cognitive Distractions
Cognitive distractions is anything that takes your mind off driving.
Examples of cognitive distractions:
- Engaging in deep conversations with passengers or on the phone (even hands-free).
- Daydreaming or thinking about something unrelated to driving.
- Driving while emotionally distracted (angry, upset, or stressed).
- Focusing on other tasks, such as planning your day or remembering tasks.
Most Common Forms of Distracted Driving:
- Texting: This is considered one of the most dangerous forms because it involves all three types of distractions: visual (looking at the phone), manual (typing), and cognitive (thinking about the message).
- Talking on the Phone: Even hands-free phone conversations can be distracting because they split a driver’s focus between the road and the conversation.
- Using In-Car Technologies: Adjusting the navigation system, selecting music, or interacting with infotainment systems while driving can cause dangerous distractions.
Other Examples of Distracted Driving:
- Watching videos or engaging in video calls.
- Using social media or browsing the internet.
- Dealing with children or pets in the car.
- Rubbernecking (looking at accidents or incidents on the side of the road).
Distracted driving is a major cause of accidents in Texas because it reduces reaction times, impairs judgment, and diverts focus from the dynamic conditions on the road.
Is TxDOT’s Text. Talk. Crash. Campaign Working?
The “Talk. Text. Crash.” campaign launched by the Texas Department of Transportation (TxDOT) aims to reduce distracted driving, but its impact has been mixed. Although the campaign has raised awareness about the dangers of distracted driving, the issue remains prevalent in Texas. In 2023, nearly 1 in 6 crashes in the state were attributed to the driver being distracted, resulting in 399 fatalities and thousands of serious injuries.
While the campaign encourages drivers to avoid distractions like texting or using their phones while driving, statistics indicate that the number of crashes caused by the driver being distracted has not significantly decreased in recent years. In fact, in 2021, distracted driving fatalities increased by 17% compared to 2020. TxDOT continues to push public education, media outreach, and local community involvement to combat this issue, but the challenge remains ongoing.
The campaign’s public service efforts, like augmented reality simulators and media ads, are part of a broader initiative, yet distracted driving continues to be a significant problem on Texas roads. Despite legal measures, such as fines for texting while driving, many drivers are still engaging in risky behaviors, which underscores the need for continued vigilance and more effective enforcement.
Distracted Driving Accident FAQs
What counts as distracted driving in Texas?
Distracted driving is anything that takes a driver’s eyes off the road, hands off the wheel, or mind off driving. Common examples are texting, using apps, talking on the phone, eating, grooming, adjusting the radio or GPS, and dealing with passengers. Any of these can be evidence of negligence when a crash causes injuries.
Is texting while driving illegal in Texas?
Yes. Since September 2017, Texas Transportation Code §545.4251 has banned reading, writing, or sending electronic messages on a handheld device while driving unless the vehicle is stopped. Some cities and school zones add stricter hands-free rules. A violation can support a negligence claim against the driver who caused a crash.
How do you prove the other driver was distracted?
Evidence can include the police crash report, witness statements, the driver’s own admissions, dash camera or nearby surveillance video, vehicle data, and phone records obtained through the lawsuit. Phone records usually require a subpoena or court order, which is one reason to contact a lawyer quickly after a distracted driving wreck.
Can I sue a distracted driver who was working at the time?
Yes. If the driver was on the job, the employer can often be held responsible under the doctrine of respondeat superior, and sometimes for negligent hiring, training, or supervision. Employer policies are frequently larger than personal auto policies, so identifying a work connection can significantly affect your recovery.
What compensation is available after a distracted driving crash?
Victims can seek medical expenses, lost income and earning capacity, property damage, pain, mental anguish, physical impairment, and disfigurement. If the driver’s conduct rises to gross negligence, exemplary damages may also be possible under Texas law. Families who lose a loved one may bring a wrongful death claim.
General information about Texas law, not legal advice. For a free injury case review, call 888-222-9746.
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