Can I Still Use My Smartphone While Driving to Access GPS and Music Apps?

As of September 1, 2017, texting while driving has been illegal in Texas. The new law also includes reading and responding to emails and posting on Facebook, Instagram, and other social media sites. The purpose of the law was to address the growing concern and increase in distracted driving and texting and driving accidents.

Distracted driving is any type of activity that takes the driver’s attention off the road, even for a few seconds. While eating, drinking, adjusting the radio, programming a GPS, shaving, or putting on makeup are also forms of distracted driving, the biggest culprit has been texting and driving.

According to the Texas Department of Transportation, of the 537,475 accidents on Texas roadways in 2017, 19% or 100,687 accidents involved distracted drivers. Out of the 100,687 distracted driving accidents, 2,889 people sustained serious injuries and another 444 died.¹

The number of deaths in 2017 from distracted driving showed a slight decrease from 2016, thanks to the new law. In 2016, there were 460 deaths in accidents involving distracted driving.² In both 2017 and 2016, it is worth noting, there were no deathless traffic accident days in the state.^{2, 3}

The law does still allow you to use your smartphone to access GPS and music apps, as well as to call 911 to report a crime or in emergency situations. In addition, you are allowed to talk hands-free on your phone, so long as you use a Bluetooth device or the hands-free feature part of your vehicle’s infotainment system.

Drive Distracted and Get a Ticket

However, you cannot be distracted when using GPS and music apps. This means you cannot look down or take your eyes off the road. If you are caught looking down or not paying attention by the police, they could still stop you and issue you a distracted driving ticket.

Ideally, it is highly recommended to make sure to program the GPS and open any music app prior to driving. If you must access either of these things while driving, you will want to pull off the road into a parking lot or another safe area where you can stop your vehicle.

In addition, with many auto manufacturers including access to Apple CarPlay and Android Auto with their infotainment systems, it is possible to control GPS and music apps hands-free without having to take your eyes off the road.

What if I Need to Text or Call Someone While Driving?

If you must text or need to call someone and do not have hands-free capabilities, you must pull over to a safe location before texting or making the phone call. You cannot resume driving until you have finished texting or hung up the phone.

What if Someone Hits Me While Texting and Driving?

If another motorist hits you while they are texting and driving, they can be held accountable for all personal injuries, as well as property damages. You will want to seek out qualified legal representation from a Houston TX auto accident lawyer.

Your lawyer will be able to help you determine what monetary damages you could seek for personal injuries you sustained, like payment of medical bills and loss of current and future earnings. To find out more about your rights and potential compensation, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 for a free consultation today!

Sources:

1. https://www.txdot.gov/inside-txdot/media-center/psas/distracted-driving/distracted.html
2. https://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf
3. http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2017/01.pdf