Today, headphones have become very effective at blocking out all sound, but is it illegal to drive with headphones? There is no state law in Texas that makes it illegal to drive with headphones, but laws do govern a person’s ability to drive safely.
If you were hurt in an accident in which the driver was wearing headphones, there are a few key factors to keep in mind, and our Arlington car accident lawyer can help you file a claim.
Driving with Headphones On Can Be Dangerous
A driver with headphones on may not be able to react fast enough to changing circumstances around them, especially if they cannot hear what is occurring. If a person is wearing hands-free wireless communication devices that block out all sound, that could mean they cannot hear an ambulance heading through an intersection until it is too late. It is critical to understand how this can impact your case if a driver like this strikes you.
As noted, driving with headphones is not illegal under Texas law, at least not outright. However, laws governing unsafe driving practices may apply in this situation. Drivers must exercise due care to avoid accidents and maintain the safety of all other drivers on the road with them.
Headphones make that difficult because you may not be able to hear what is happening around you. This includes honking vehicles, emergency sirens from police or medical personnel, or auditory signals from other drivers. In situations like this, the driver with headphones could be held accountable if they cause injuries to others.
Wearing Headphones While Driving and Negligence
One of the ways that it can be illegal to drive with headphones comes down to negligence. If a police officer pulls over a driver or determines that a driver was wearing headphones, and that is what contributed to a car accident, the police officer may level fault against that driver, depending on the circumstances in the case. Proving they hit you because they were wearing headphones is not simplistic, but it is possible in some situations.
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Understanding Texas Wireless Communication Device Laws
Another critical factor is Texas Transportation Code § 545.425, the state’s wireless communication device law. This law prohibits drivers from using a wireless communication device to read, write, or send any type of electronic message while they are driving unless the car is at a full stop. The law specifically addresses devices capable of receiving or transmitting information, including texts, images, or voice communications.
If a person wears headphones just to listen to audio—and that is all those devices do—they are not specifically outlawed under this rule. However, if the device can link to a smartphone or has Bluetooth connectivity, it could fall under this law. Using it could be a type of distracted driving claim in a car accident.
Also, note that all people under the age of 18 cannot use wireless communication devices for driving, even if they are hands-free devices unless an emergency occurs. This includes any device a person could hold in their hand, including those that do not. State law also requires that all such devices not be used within school zones when determining whether it is illegal to drive with headphones.
What to Do If the Driver That Struck You Was Using Headphones
If you are hurt in a car accident, and you suspect the other driver was wearing headphones, there are several key steps you need to take. The first is to make sure you fully understand the fault in the case, and that means documenting what occurred, filing a police report, and outlining anything you can remember before the accident (including whether the driver was wearing headphones). Then, consider these tips.
- Make sure the police reporting at the scene understand that you saw the driver using headphones while behind the wheel.
- Document any sounds that the person should have heard if they were not wearing those headphones, such as a honking vehicle.
- Document the actions the other driver took or failed to take that could have made a difference, such as not stopping for a light or being distracted with their use of the headphones.
- Let your car accident attorney build your case based on all available evidence, including outlining the specific indications of distracted driving or other careless and negligent behavior.
- Count on your Arlington rear-end collision lawyer to then pursue legal actions and secure compensation for the losses you have at that time. Let your attorney handle all communication with the other driver as well as the other insurance company.
- Get medical care and make sure you follow up on it. Follow your doctor’s recommendations for care on an ongoing basis. That will help protect you in these events.
- Avoid social media use. Do not describe what occurred or share any photos or updates about your condition on social media. That information could be used against you later.
With the help of our dedicated legal team, you will know more about your losses and how to recover damages in your case. We strongly encourage you to contact us now to learn what your rights are, especially if the other party was not charged with being at fault in the accident. Our Arlington teen driver accident lawyer will build your case based on all evidence available and show the court that the insurance company owes you compensation because of the negligence of the other driver.
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Put Your Future in Our Hands and Let Our Attorneys Fight for Your Right to Compensation
At The Texas Law Dog, we can help you answer this question, “Is it illegal to drive with headphones, and is the party who hit you responsible for your losses because they were wearing headphones?”
Expect our car accident lawyers to fight for your full and fair compensation in every case, and that means building a strong claim for their distracted driving. Set up a free consultation with us now to learn more about your rights in this case.
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