Did you know that distracted driving was one of the leading causes of car crashes in 2024? This involves any activity that diverts attention away from driving, including texting, reaching for the fast food in the passenger seat, or even changing the radio station. Essentially, anything that pulls your focus from the road is a distraction. While distracted driving crashes have decreased over the last few years, it’s still a significant concern that results in numerous crashes and fatalities each year.
As personal injury lawyers, we know firsthand the devastation that can be caused by distracted driving. Aside from the immediate danger of potential crashes, there are also legal and financial costs that can significantly impact your life. In honor of April being Distracted Driving Awareness Month, we want to share insights on the true costs of distracted driving and why staying focused on the road is crucial.
What Does the Law Say About Distracted Driving?
We all know the danger behind distracted driving, but is it against the law? Technically, there are no laws that specifically address distracted driving as a whole. Within the Texas Transportation Code, there’s no section stating that driving while distracted will result in a fine or jail time. However, there are laws regarding specific types of distracted driving and the consequences of distracted driving.
Texting while driving is one of the only forms of distracted driving that is directly addressed by Texas law. Texas Transportation Code – TRANSP § 545.425 states, “An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.” Adding this section into the transportation code is part of the effort to ban texting while driving and reduce crashes related to this dangerous behavior. Despite legislation, many drivers continue to text while driving, risking their safety and that of others on the road.
Other forms of distracted driving may not be explicitly addressed within the Texas Transportation Code, but that doesn’t mean you won’t face consequences. Eating while driving, driving while fatigued, changing the radio, and smoking or vaping are all examples of distractions that could cause reckless behavior. Negligent driving and reckless driving are against the law and carry heavy consequences.
Although negligence and recklessness might seem alike, Texas law distinguishes between them based on intent. Reckless driving is seen as a more serious offense. The Texas Transportation Code – TRANSP § 545.401 defined reckless driving as, “A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.” For instance, if you fail to reduce your speed on wet roads, it is considered negligence because you did not take reasonable care to avoid skidding or hydroplaning. In contrast, driving under the influence or speeding through traffic constitutes recklessness. This is because both actions involve conscious decisions that disregard the potential harm to others.
Financial Impact
In Texas, fines and tickets are used to discourage dangerous distractions by turning them into costly mistakes for drivers. These fines aim to catch the attention of those who might otherwise downplay the risks associated with distracted driving. While consequences for a first offense might seem minor, repeat violations and more serious incidents can lead to significant financial burdens.
Because texting and driving is strictly prohibited by law, there are also strict fines attached to this offense. If a police officer pulls you over for texting while driving, you could be issued a citation and owe a fine between $25-$99 for your first offense. However, if you have received multiple citations for texting while driving, you can be fined up to $200. If texting leads to a serious car crash where someone has damaged property or is hurt, the penalties can include higher fines and even criminal charges.
Beyond the standardized fines for texting, other forms of distracted driving can also result in severe financial consequences. If you are charged with reckless driving, this is usually a class B misdemeanor in Texas and could result in fines up to $200 and/or up to 30 days in jail for your first offense. Some offenses of reckless driving, like street racing or multiple offenses, can escalate to a state felony, carry fines up to $10,000, and 2-20 years in jail.
The financial impact doesn’t stop at tickets and fines. Distracted driving offenses can also lead to points on your driver’s record, which can cause your insurance premium to go up. As each violation accumulates on your record, the potential for increased financial strain grows. Over time, the financial impact of distracted driving can be substantial.
Emotional Impact
While financial penalties for distracted driving are certainly impactful, the emotional consequences can be even more devastating. Crashes caused by distracted driving often lead to serious injuries, leaving victims and their families in emotional turmoil. At Daniel Stark, we work with these victims every day and have witnessed firsthand the lasting emotional scars these events leave behind. These are avoidable tragedies that send ripples through the lives of everyone involved, including families and entire communities. The sense of loss, guilt, and the burden of recovery can be overwhelming. It’s a heart-wrenching reminder that distracted driving has consequences that echo far beyond the momentary lapse in concentration.
It’s as simple as keeping your phone out of reach, refraining from multitasking, and focusing solely on the road. Small preventions can lead to substantial differences in safety and emotional well-being. By staying alert, you protect yourself from potential legal and financial troubles and save the lives of others. Let’s collectively commit to driving responsibly.
