You’ve got a carload of screaming soccer players and a good 30-minute drive. Why not try to find some peace by popping on headphones and listening to something a little more relaxing as you navigate the Metroplex?
Drivers who are distracted increase their chances of getting in a motor vehicle accident. When drivers try to do things that take attention away from the business of driving, they decrease their awareness of potential hazards and ability to respond quickly if conditions require it.
Texas law prohibits certain activities deemed too distracting to be done while driving a motor vehicle. Wearing headphones is not one of them. However, that doesn’t mean a driver wearing headphones cannot be cited for distracted driving.
The Problem of Distracted Driving
According to the National Highway Transportation Safety Administration (NHTSA), distraction occurs when a driver diverts attention from the driving task and focuses on some other activity. Distraction-related crashes made up 13% of all police-reported motor vehicle accidents in the United States in the most recent reporting year.
Of drivers involved in fatal car accidents, the age group 15-20 had the highest percentage of distracted driver fatalities. However, the age group 25-34 was almost twice as likely as any other age group to be distracted by the use of a cell phone.
The Texas Department of Transportation (TxDOT) reported 7,019 crashes involving distracted driving in Dallas County in the most recent year of reporting, resulting in 31 fatalities. Dallas County had the third-largest number of distracted driving accidents, but those crashes resulted in the second-largest number of fatalities. A total of 484 Texans were killed in distracted driving crashes – an increase of more than 11%.
Activities That Can Distract a Driver
Despite strong messages about the dangers of distracted driving, many drivers apparently believe driving does not require all their available attention. A lot of times, a wandering mind or concentrated thought about something else can reduce a driver’s awareness considerably.
Anything that requires a driver to pay attention to something other than what’s happening around the outside of the car has the potential to lead to a crash. Looking out a side window at a landmark or auto accident, looking for a particular station while changing the radio dial, or feeling the need to look at the passengers you are talking to could be treacherously distracting, depending on the circumstances.
The most distracting activities are those that require some kind of focused attention, like reading or sending a text from a mobile device. These kinds of distractions may cause drivers to completely remove their attention from driving.
What Texas Law Says About Distractions to Driving
The only type of distracting activity that the Transportation Code prohibits all Texas drivers from doing while a vehicle is moving is reading, writing, or sending an electronic message from a handheld portable wireless communication device.
It is not a violation of the law to read, write, or send an electronic message if it can be done hands-free. Furthermore, it is not a violation of the law to drive while using a handheld cell phone to:
- Report a crime
- Summon emergency assistance
- Get directions and traffic information
- Activate a music source
While it may not be a crime to drive while trying to read a map of directions on your cell phone (unless you’re in a school zone or younger than 18), it is arguably still distracted driving to the extent your attention is on the phone and not on the road.
Similarly, it may not be illegal to wear headphones while driving, but it might still be a distraction if you are listening to the headphones and unable to hear other sounds pertinent to driving, such as sirens or other noises that would require you to adjust your driving behavior.
City of Dallas Vision Zero Action Plan
The City of Dallas has set the ambitious goal of eliminating all traffic-related deaths and reducing serious injuries from crashes by 50% by 2030. The plan, known as Vision Zero, is created with the belief that serious motor vehicle accidents can be prevented using a safe system approach designed to accommodate inevitable human error.
Community surveys were conducted to determine the city’s top traffic safety priorities. The majority of respondents indicated that they did not feel safe driving in Dallas. Driver distraction was the second biggest concern, with 64% of those surveyed indicating it was a serious threat to traffic safety. Vision Zero places more responsibility on those who design transportation systems to develop innovative solutions that will prevent serious crashes despite driver behavior.
How Technology May Help Prevent Distracted Driving Accidents
Technology has produced some useful means to help drivers avoid distractions and accidents when distracted, including:
- Driver monitoring systems (DMS) using a driver-facing camera to detect distractions and issue warnings.
- Device restriction settings like the ‘do not disturb’ feature block incoming calls and notifications on electronic devices while driving.
- Vehicle crash avoidance features can perform automated driving corrections when certain hazards are detected.
Tips to Avoid Driving Distractions
The best way to avoid distraction while driving is to be aware of the danger and make a plan before getting behind the wheel. That plan should include doing everything possible to reduce the risk of distraction while driving.
For some people, it may mean using the ‘do not disturb’ feature on electronic devices or setting the destination on a navigational device before beginning the journey. Making conscious choices about food and drink in the car can help avoid distracting spills or messes. If a sudden event happens that distracts you, focusing on what you are doing and pulling over before trying to deal with it can help you prevent an accident.
It’s probably unrealistic to expect all drivers to avoid all distractions all of the time. However, having the appropriate respect for the amount of attention necessary to drive safely and doing everything possible to reduce the risk of distraction will go a long way toward helping everyone stay safe on the roadways.
Where to Get Help if You Were Injured by a Distracted Driver
Distracted driving is perceived to be one of the top crash hazards on Dallas roadways. Distraction may play an even bigger role in traffic accidents than is currently reported because objective evidence of driver distraction doesn’t always exist.
At Wolf Law, PLLC, we understand the danger of car accidents when drivers are distracted and how devastating the results can be. Our experienced car accident attorneys have a track record of taking on tough cases and getting successful results for our clients.