Is It Illegal to Drive With Headphones in Texas?
Looking for legal guidance after a Texas car accident? The team at Pat Maloney: Accident & Injury Attorney is here with the answers and support you need. Contact us to schedule a consultation now.
Can you drive with headphones in Texas?
Legally, there is no ban on wearing headphones or earbuds while driving in Texas. Although several states do restrict drivers from wearing earbuds in one or both ears, Texas allows drivers to wear earbuds, headphones, and other audio equipment while driving.
What does this mean for you? It means that you’re unlikely to get a ticket just for driving with headphones.
However, legality and safety are not the same thing. There are activities that are technically legal that still increase crash risks in Texas. Wearing headphones while driving falls into that category for many drivers. You have to remember that distractions come in many forms—cognitive, visual, and manual. While headphones may not be visual or manual distractions, they can absolutely contribute to cognitive distraction. This is particularly likely for noise-canceling headphones, which block out outside noise and can make you focus solely on what you’re listening to.
While driving with headphones is currently legal in Texas, laws are changing all the time. It’s important to stay informed of changes to Texas law that may affect your driving habits.
Why wearing headphones while driving is risky
While Texas doesn’t ban headphone use while driving, there are several reasons that you may want to think twice about using them behind the wheel.
First, using headphones reduces your awareness of your surroundings. A major part of driving is being cognizant of everything going on around you, and headphones can make you miss important warnings. Car horns, emergency vehicle sirens, railroad crossing alarms, and warnings from passengers are all harder to hear (if not completely blocked out) with headphones.
If you’re intensely focused on your headphones and take an extra moment to notice an obstacle, that delay can be the difference between a near-miss and a devastating accident. Should your headphones cause you to be less aware of your surroundings, your reaction times are likely to suffer.
Could wearing headphones affect liability after a car accident?
While using headphones is typically legal in Texas, you may find that using headphones while driving can become an issue for you after a collision.
After a crash, attorneys, investigators, and insurance companies all do their own analysis of the evidence to figure out what happened and what contributed to the accident. If they find that a driver didn’t hear a horn or emergency siren, the use of headphones could become relevant evidence. If a driver doesn’t respond to an obstacle appropriately, investigating parties may also wonder about the role of cognitive distractions in the accident.
Basically, you should expect the other party’s insurance company to look for anything they can use against you after a crash—and headphones could give them a significant advantage if the evidence supports it. They may claim that wearing headphones reduced your awareness and contributed to (or completely caused) the crash.
Additionally, Texas is a comparative fault state. Even if you didn’t cause the accident, the fact that you were wearing headphones could affect how much compensation you receive. State law allows victims to recover compensation even if they are partially to blame—as long as they are not more than 50% at fault. If the other party’s insurance company or attorney can prove that you contributed to the collision at all by wearing headphones, that can decrease how much compensation you receive. For example, let’s say you have damages of $100,000 and the other party’s attorney convinces a jury that you were 20% responsible because your headphones made you inattentive. That would reduce your compensation to $80,000.
What Texas distracted driving laws say
Texas legislators recognize the dangers of distracted driving, and as a result, the law regulates certain types of distracted driving.
Drivers are prohibited from reading, writing, or sending text messages or any other type of electronic message while driving. Texting while driving is an incredibly common cause of accidents, and it’s a serious issue across the country.
Drivers below the age of 18 cannot use a wireless communication device while driving except in an emergency, and drivers with learner’s permits cannot use cellphones during the first six months of driving. School bus drivers cannot use cellphones—even hands-free—if children are present. Similarly, using a wireless communication device in an active school crossing zone is generally illegal unless the vehicle is stopped or the device is used hands-free.
In addition to state laws, many municipalities have their own stricter ordinances. You should be aware of both Texas state laws and the local laws of the cities you routinely drive in.
Did headphones play a role in your car crash? Call Pat Maloney: Accident & Injury Attorney now
If you were injured by a negligent driver’s actions, you may be entitled to compensation. Your next step is to talk to a car accident attorney about your legal options. Schedule a consultation now by contacting us online.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.