When San Marcos passed its hands-free driving ordinance, it joined a growing movement across Central Texas that’s changing how we think about distracted driving. But here’s what’s surprising: these local laws might be doing more harm than good when it comes to actual road safety.
If you’ve been injured by a distracted driver in the Austin area, understanding these complex laws can help protect your rights. At Lee, Gober & Reyna, we’ve seen firsthand how confusing regulations can complicate accident cases—and how victims often don’t get the compensation they deserve.
The Current State of Hands-Free Laws in Greater Austin
The Greater Austin area presents a confusing patchwork of distracted driving regulations that can leave both drivers and accident victims uncertain about their rights and responsibilities.
Austin: Leading the Charge Since 2015
Austin has been a hands-free city since 2015, making it one of the earliest adopters in Texas. The city’s ordinance prohibits using handheld electronic devices while driving, with one notable exception: drivers can use their devices when completely stopped at red lights or in traffic. This exception sets Austin apart from many other jurisdictions and creates an interesting legal gray area.
Austin’s law is comprehensive, covering not just phones but tablets and other handheld devices. The ordinance allows Bluetooth and other hands-free technologies, recognizing that communication itself isn’t the problem—it’s the physical distraction of handling devices.
The Challenge of Neighboring Cities
Here’s where things get complicated for drivers and accident victims alike. While Austin has strict hands-free requirements, the enforcement and specific regulations vary significantly across the metro area:
Round Rock and Georgetown don’t have comprehensive hands-free ordinances like Austin, relying instead on the statewide texting ban that took effect in 2017. This means a driver can legally hold their phone to make calls in these cities, but the same action would be illegal just miles away in Austin.
Cedar Park and Pflugerville similarly follow state law without additional local restrictions, creating a confusing situation where your location determines what’s legal.
The Texas statewide law, effective since September 2017, only prohibits texting while driving, not all handheld device use. This creates significant gaps in protection and enforcement.
The San Marcos Approach: A Case Study in Compromise
San Marcos took a middle-ground approach that highlights the challenges facing local governments trying to address distracted driving. Their ordinance requires hands-free technology while the vehicle is in motion but allows drivers to use handheld devices when stopped.
This might sound reasonable, but research suggests it creates dangerous situations. Consider what happens at a red light: a driver picks up their phone to text, becomes absorbed in the message, and then must quickly shift attention back to driving when the light changes. That transition period—from distracted to focused—is where accidents often occur.
The San Marcos law also raises enforcement questions. How do officers distinguish between texting at a red light (allowed) and texting while moving (prohibited)? This ambiguity can lead to inconsistent enforcement and legal challenges.
Why These Local Laws Miss the Mark
Despite good intentions, the patchwork of hands-free laws across Central Texas may not be delivering the safety benefits we need. Here’s why:
The Science of Distraction
Research consistently shows that the primary danger of phone use while driving isn’t just the physical act of holding the device—it’s the cognitive distraction. When you’re having a phone conversation or composing a text, your brain diverts attention from driving, regardless of whether you’re using hands-free technology.
Studies from the Insurance Institute for Highway Safety demonstrate that hands-free phone use can be nearly as distracting as handheld use. The conversation itself, not just the physical manipulation of the device, creates cognitive load that impairs driving performance.
The Stop-and-Go Problem
Laws like San Marcos’s that allow device use when stopped create what traffic safety experts call “transition risk.” The most dangerous moment isn’t when you’re fully focused on your phone or fully focused on driving—it’s when you’re switching between the two.
When the light turns green and you need to quickly shift from reading a text to accelerating through an intersection, your reaction time is significantly compromised. This is exactly when pedestrians are crossing, other drivers are making turns, and split-second decisions matter most.
Enforcement Challenges
Perhaps the biggest problem with these varying local ordinances is enforcement. Police officers must now understand different rules for different jurisdictions, often within the same patrol area. A Round Rock officer working near the Austin border must know which set of rules applies where.
This inconsistency makes it difficult for officers to enforce the laws effectively and creates opportunities for legal challenges when citations are issued.
The Real-World Impact on Accident Cases
As personal injury attorneys serving the Austin area, we see how these inconsistent laws affect accident cases. When someone is injured by a distracted driver, the specific location and applicable ordinances can significantly impact the case.
Proving Distracted Driving
In cities with comprehensive hands-free laws like Austin, proving a driver was using their phone illegally is often straightforward—if they were holding the device while moving, they violated the law. But in cities that only follow state texting laws, proving illegal phone use becomes much more complex.
We must often demonstrate not just that the driver was using their phone, but specifically that they were texting rather than making a legal phone call. This requires detailed phone records, witness testimony, and sometimes expert accident reconstruction.
Insurance Company Tactics
Insurance companies are well aware of these legal variations and use them to their advantage. They might argue that a driver in Georgetown was legally making a phone call, even if that call contributed to the accident. Without a local hands-free ordinance, proving negligence becomes more challenging.
In San Marcos, insurance companies might claim their insured was legally using their phone while stopped, even if the distraction from that use contributed to an accident when traffic began moving.
Compensation Implications
These legal complexities can significantly impact the compensation available to accident victims. Clear violations of hands-free laws strengthen negligence claims and can lead to higher settlements. When the legal landscape is unclear, insurance companies often offer lower settlements, knowing that proving liability will be more difficult in court.
What Needs to Change: A Unified Approach
The solution isn’t more local ordinances with different rules—it’s comprehensive statewide legislation that addresses the real science of distracted driving.
Learning from Other States
States like Colorado, Michigan, and Ohio have implemented comprehensive hands-free laws that show promising results. Colorado’s law, which took effect in 2025, led to a 19% decrease in inattentive driving crashes in just five months.
These successful programs share several characteristics: they prohibit all handheld device use while driving, including when stopped in traffic; they apply uniformly across the state; and they include meaningful enforcement mechanisms with escalating penalties.
The Texas Opportunity
Texas has the opportunity to learn from both the successes of other states and the limitations of our current patchwork approach. A comprehensive statewide hands-free law would:
- Eliminate confusion about what’s legal where
- Make enforcement more consistent and effective
- Provide clearer liability standards for accident cases
- Focus on the real problem: cognitive distraction
Until that happens, drivers across Central Texas must navigate a confusing maze of local regulations, and accident victims face unnecessary complications in seeking justice.
Technology: Part of the Problem and the Solution
While we wait for better laws, technology offers both challenges and opportunities for addressing distracted driving.
The Addiction Factor
Modern smartphones are designed to be addictive. Features like push notifications, social media alerts, and app badges create psychological pressure to check devices constantly. For many drivers, the urge to respond to a notification feels almost involuntary.
This addiction aspect is something that traditional traffic laws don’t address well. You can’t simply legislate away psychological dependence, but you can create systems that make it easier for people to make safer choices.
Promising Solutions
Some of the most effective distracted driving solutions are technological rather than legal:
- Automatic Do Not Disturb Features: Most smartphones now offer driving modes that automatically silence notifications and send auto-replies to text messages when the phone detects vehicle movement.
- App-Based Solutions: Applications like Life360, AT&T DriveMode, and others can monitor driving behavior and provide feedback to both drivers and their families about phone use while driving.
- Vehicle Integration: Modern cars increasingly offer seamless integration with phones, allowing voice control for navigation, music, and communication without requiring drivers to handle their devices.
The Role of Education
Perhaps more important than any law is changing cultural attitudes about distracted driving. Twenty years ago, drunk driving was much more socially acceptable than it is today. That change came not just from stricter laws, but from sustained education campaigns that made drunk driving socially unacceptable.
We need a similar cultural shift around distracted driving, where using your phone while driving becomes as socially unacceptable as drunk driving.
What to Do If You’re Injured by a Distracted Driver
If you’ve been injured in an accident involving a distracted driver in the Austin area, understanding your rights is crucial—and the specific location of your accident can significantly impact your case.
Immediate Steps
First, ensure everyone’s safety and call 911. Even if injuries seem minor, having police document the scene is essential. If possible, note whether you observed the other driver using a phone or other device.
Document everything you can: take photos of the vehicles, the accident scene, and any visible injuries. Get contact information from witnesses, as their testimony about the other driver’s behavior can be crucial.
Evidence Gathering
In distracted driving cases, phone records often provide the clearest evidence. Your attorney can help you understand how to preserve and obtain this critical evidence, which may show whether the at-fault driver was texting, calling, or using apps at the time of the crash.
Time is critical in preserving this evidence. Phone companies typically retain detailed usage records for only a limited time, and insurance companies may try to prevent access to this information.
Understanding Local Law Impact
The location of your accident can significantly impact your case. An accident in Austin, where hands-free laws are comprehensive, may provide stronger grounds for proving negligence than the same accident in a city that only follows state texting laws.
Your attorney should understand these local variations and how they affect your specific case. At Lee, Gober & Reyna, we’ve handled distracted driving cases across Central Texas and understand how local ordinances impact both liability and compensation.
Fighting Insurance Company Tactics
Insurance companies often use the complexity of varying distracted driving laws to minimize settlements. They might argue that their insured wasn’t violating any law, even if the phone use contributed to the accident.
Don’t accept these arguments without fighting back. Just because something is legal doesn’t mean it’s not negligent. Using a phone while driving can still constitute negligence if it causes an accident, regardless of local ordinances.
The Economics of Distracted Driving
The cost of distracted driving extends far beyond individual accidents—it’s a major economic burden on our entire community.
Statewide Impact
According to Texas Department of Transportation data, distracted driving causes approximately one in five crashes statewide. In 2024, these crashes resulted in 373 deaths and 2,587 serious injuries across Texas. The economic cost includes medical expenses, lost productivity, property damage, and emergency response costs.
TxDOT estimates that distracted driving crashes cost Texas billions of dollars annually when you include medical costs, lost wages, insurance claims, and reduced quality of life.
Greater Austin Specific Costs
The Austin metro area, with its dense traffic and rapid growth, faces particular challenges from distracted driving. Construction zones, complex highway interchanges, and heavy pedestrian traffic create environments where momentary inattention can have catastrophic consequences.
Insurance rates in the Austin area reflect these risks. Areas with higher accident rates see increased premiums for all drivers, making distracted driving a community problem rather than just an individual risk.
The Business Case for Better Laws
From a purely economic perspective, comprehensive hands-free laws make sense. The cost of implementing and enforcing these laws is minimal compared to the potential savings in reduced accidents, lower insurance costs, and improved traffic flow.
Businesses also benefit from reduced liability when their employees drive for work. Clear, consistent laws make it easier for companies to establish policies and reduce their exposure to accidents involving employee drivers.
Moving Forward: What You Can Do
While we work toward better laws and safer roads, there are practical steps everyone can take to reduce distracted driving risks.
Personal Responsibility
The most effective step is also the simplest: put your phone away before you start driving. Use airplane mode, turn on do-not-disturb features, or simply place the phone out of reach.
If you must use your phone for navigation, set up your route before driving and use voice commands rather than touching the screen. Remember that even brief glances at your phone can cause accidents.
Family Conversations
Parents have a unique opportunity to shape the next generation of drivers. Establish clear family rules about phone use while driving, and model good behavior yourself. Young drivers learn more from what they observe than from what they’re told.
Consider implementing a parent-teen driving agreement that specifically addresses distracted driving and includes consequences for violations.
Community Advocacy
Support efforts to implement comprehensive hands-free laws at both local and state levels. Contact your representatives and express your views on the need for consistent, evidence-based distracted driving legislation.
Advocate for better infrastructure that reduces the need for drivers to handle devices. This includes improved traffic signage, better highway design, and traffic management systems that provide information through voice announcements rather than visual displays.
Legal Resources and Support
If you’ve been affected by distracted driving, either as an accident victim or someone facing charges, legal guidance is essential.
Understanding Your Rights
Distracted driving cases involve complex questions of liability, insurance coverage, and damages calculation. The varying local laws across Central Texas make these cases particularly challenging for those without legal experience.
At Lee, Gober & Reyna, we understand both the legal complexities and the human impact of distracted driving accidents. We’ve represented clients across the Austin metro area and understand how local ordinances affect each case.
No Upfront Costs
We believe that financial concerns shouldn’t prevent accident victims from getting the legal help they need. We work on a contingency fee basis, which means you don’t pay attorney fees unless we recover compensation for you.
This approach allows us to focus on getting you the best possible outcome without adding financial stress during an already difficult time.
Frequently Asked Questions
1. Is it legal to use hands-free devices while driving in Texas?
Yes, hands-free devices are generally legal under state law, but some cities like Austin have additional restrictions. The safest approach is to avoid all phone use while driving, regardless of local laws.
2. Can I use my phone for GPS navigation while driving?
This depends on your location. In Austin, you must use hands-free mounting systems. In other areas, you may be able to hold your phone for GPS, but this is not recommended for safety reasons.
3. What happens if I’m caught texting while driving in the Austin area?
Penalties vary by location. Austin’s hands-free ordinance carries fines up to $500, while state law penalties for texting range from $25-$99 for first offenses and $100-$200 for subsequent violations.
4. Can I use my phone while stopped at a red light?
This varies by city. Austin allows device use while completely stopped, but many safety experts recommend avoiding phone use even when stopped to prevent transition-related accidents.
5. How do different city laws affect car accident cases?
Local ordinances can significantly impact liability and compensation in accident cases. Cities with stricter hands-free laws often provide stronger grounds for proving negligence against distracted drivers.
6. What evidence is needed to prove distracted driving in an accident case?
Phone records, witness testimony, police reports, and sometimes expert accident reconstruction can all be important. The specific evidence needed depends on the local laws and circumstances of your case.
7. Do insurance companies treat hands-free violations differently?
Yes, clear violations of hands-free laws often result in higher settlements and clearer liability determinations. Insurance companies may fight harder against claims in areas without comprehensive hands-free laws.
8. Can I still recover compensation if the other driver wasn’t technically violating the law?
Yes, legal use of a phone doesn’t automatically prevent a negligence claim. If phone use contributed to the accident, you may still have grounds for compensation regardless of local ordinances.
9. How long do I have to file a claim after a distracted driving accident?
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. However, it’s important to start the claims process much sooner to preserve evidence and protect your rights.
10. Should I accept the insurance company’s first settlement offer?
Rarely. Insurance companies often make low initial offers, especially in complex cases involving distracted driving. Consult with an experienced attorney before accepting any settlement to ensure you receive fair compensation.
The patchwork of hands-free driving laws across the Greater Austin area creates unnecessary confusion and may not be delivering the safety benefits our community needs. While we wait for comprehensive statewide legislation, understanding your rights and the specific laws in your area is crucial—especially if you’ve been injured by a distracted driver.
If you or someone you love has been hurt in an accident involving distracted driving, don’t let complex local laws prevent you from getting the compensation you deserve. Contact Lee, Gober & Reyna today for a free consultation about your case.