The Eyes of Texas Are Still Straying: The Ongoing Battle Against Distracted Driving in 2026

The Eyes of Texas are still straying from the road ahead, and it continues to cost far too many lives. Despite years of public safety campaigns, harsher penalties, and evolving laws, the Texas Department of Transportation (TxDOT) reports that distracted driving remains a persistent crisis on Lone Star State roadways. Nearly one in five crashes in Texas still involves a distracted driver—causing hundreds of preventable deaths and thousands of severe injuries every single year.

Distracted driving is defined as any activity that diverts your attention from the primary task of operating a vehicle. While texting and scrolling remain the biggest offenders, distractions also include eating, drinking, grooming, programming a navigation system, adjusting the infotainment screen, or watching videos behind the wheel.

According to the National Highway Traffic Safety Administration (NHTSA), taking your eyes off the road for just 5 seconds while driving at 55 mph is the equivalent of driving the length of an entire football field with your eyes closed.

The Hard Truth: Texas Distracted Driving Statistics

While the state has seen minor fluctuations in crash percentages over the years, the numbers remain devastatingly high. Looking back at historical benchmarks alongside modern data, the toll of taking your eyes off the road is staggering.

Historically, Texas saw upwards of 95,000 to 100,000 distracted driving crashes annually, accounting for roughly 17% to 19% of all motor vehicle accidents. Those numbers translated to hundreds of fatalities and thousands of serious injuries each year.

The crisis hits close to home in the major urban centers and the specific Texas counties where Herrman & Herrman operates. The data highlights a historical baseline of how deeply this issue affects our local communities:

Data underscores that tech-heavy metropolitan areas and high-traffic shipping corridors consistently experience the highest volume of distraction-affected incidents.

Texas Distracted Driving Laws in 2026: Are We Doing Enough?

Texas took its first major legislative step to curb this behavior back on September 1, 2017, by implementing a statewide ban on reading, writing, or sending electronic messages while driving.

The Baseline Statewide Law

• Fines: A first-time violation carries a fine of up to $99, while subsequent offenses can cost up to $200.

• Strict Minors Ban: Drivers under the age of 18 are completely prohibited from using wireless communication devices while driving including hands-free systems except in absolute emergencies.

• Special Zones: It is illegal for all drivers to use handheld devices in active school zones. Additionally, school bus operators are strictly prohibited from using cell phones if children are present.

The Shift Toward Local Hands-Free Ordinances

While the state law primarily targets texting, many Texas municipalities have realized that a texting ban alone is incredibly difficult for law enforcement to police. As a result, dozens of Texas cities including Austin, San Antonio, Corpus Christi, and El Paso have enacted much stricter local ordinances. In these cities, all handheld phone use is completely banned. If you are holding a phone for any reason (talking, navigating, or scrolling) while the vehicle is in motion, you can be pulled over and fined.

Note: Because Texas law allows local municipalities to create stricter rules than the state baseline, drivers must remain aware that what is legal in a rural county could land them a hefty ticket the moment they cross city lines into a major metro area.

The Case for a Universal Handheld Ban

Public health and traffic safety experts continue to argue that Texas needs to join the growing list of states with a total, statewide “hands-free” law.

Studies from institutions like the Center for Injury Research and Policy at Nationwide Children’s Hospital have long shown that partial texting bans simply do not work effectively. Drivers frequently mask texting as navigating, and teenagers despite knowing the risks still admit to using their phones behind the wheel. Furthermore, data shows that millennial and Gen Z parents, who grew up alongside smartphones, are highly prone to checking screens while driving with their children.

As of 2026, the vast majority of U.S. states have enacted universal handheld device bans, making it a primary offense to hold a phone while driving. Safety advocates in Texas continue to push the state legislature to close the loophole and transition from a “texting ban” to a total “hands-free” state.

6 Proactive Tips to Avoid Distracted Driving

Laws act as deterrents, but safety ultimately comes down to personal responsibility. Here are six practical steps you can take to keep your focus where it belongs:

• Finish Before Driving: Take care of grooming, phone calls, and important texts before you put the car in drive. If you catch yourself thinking, “I’ll just do it in the car,” change your mindset.

• Get Set Before Going: Adjust your seat, mirrors, and climate control before moving. Input your destination into your GPS and cue up your music playlist or podcast before taking your foot off the brake.

• Stow Your Phone: Put your phone on “Do Not Disturb While Driving” mode and place it out of arm’s reach—such as in the glove box or the back seat. This eliminates the temptation to glance at notifications.

• Secure Kids and Pets: Ensure children are buckled into proper safety seats and pets are secured in carriers. Tend to their needs before you start driving so you aren’t reaching into the backseat mid-trip.

• Don’t Be a Distraction: Never call or text someone when you know they are currently driving. If you are a passenger in a vehicle, help the navigator, keep conversations manageable, and don’t show the driver things on your phone.

• Don’t Be Afraid to Pull Over: If a text, call, or navigation adjustment simply cannot wait, pull over safely into a parking lot or take the next highway exit. If it isn’t worth stopping for, it isn’t worth risking a life for.

The best way to avoid a devastating accident is to keep your eyes on the road and remain hyper-aware of your surroundings—allowing you to spot and avoid other drivers who are driving distracted. Turn off the screens, focus on the road, and let’s keep Texas roads safe.

CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:

We can help you if you have been harmed by the following:

• Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
• Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
• Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
• Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
• Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
• Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
• Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.

ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.

We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.