In Texas, there is no specific law that prohibits drivers from wearing headphones while operating a motor vehicle. However, using headphones can impair a driver's ability to hear emergency vehicles, horns, or other critical auditory cues, potentially leading to dangerous situations. While not explicitly illegal, wearing headphones may be considered a form of distracted driving, which is subject to penalties under Texas law.
Consequences of Driving with Headphones in Texas
Even though Texas law does not explicitly ban headphone use while driving, it requires drivers to maintain full attention on the road. If wearing headphones contributes to an accident or traffic violation, the driver may be deemed negligent and held liable for damages. This can impact insurance claims and lead to legal consequences.
What to Do If You're in an Accident with a Driver Wearing Headphones
- Ensure Safety: Check for injuries and move to a safe location if possible.
- Call Authorities: Report the accident to the police and request medical assistance if needed.
- Document the Scene: Take photos of the vehicles, surroundings, and any visible injuries.
- Gather Information: Collect contact and insurance details from all parties involved, and note any witnesses.
- Seek Legal Advice: Consult with a personal injury attorney to understand your rights and options.
State-by-State Laws on Driving with Headphones
Laws regarding headphone use while driving vary across the United States. The table below outlines the legality in each state:
| State | Driving with Headphones | Exceptions | Statute Reference |
|---|---|---|---|
| Alabama | Legal | ||
| Alaska | Illegal | When used to improve driver’s hearing ability or for GPS | Alaska Stat. § 13.04.260 |
| Arizona | Legal | Ariz. Stat. § 28-914 | |
| Arkansas | Legal | ||
| California | Illegal | No | Cal. Veh. Code § 27400 |
| Colorado | Illegal | Only one earbud is permitted | C.R.S. § 42-4-1411 |
| Connecticut | Legal | ||
| Delaware | Legal | ||
| Florida | Illegal | Only one earbud is permitted | F.S.A. § 316.304 |
| Georgia | Illegal | One earbud is permitted for calls only | O.C.G.A. § 40-6-250 |
| Hawaii | Legal | ||
| Idaho | Legal | ||
| Illinois | Illegal | Only one earbud is permitted | 625 I.L.C.S. § 5/12-610 |
| Indiana | Legal | ||
| Iowa | Legal | ||
| Kansas | Legal | ||
| Kentucky | Legal | ||
| Louisiana | Illegal | No | La. R.S. § 32:295.2 |
| Maine | Legal | ||
| Maryland | Illegal | No | Md. Code, Trans. Law § 21-1120 |
| Massachusetts | Illegal | One earbud is permitted for GPS use | Mass. Gen. Laws Ch. 90 § 13 |
| Michigan | Legal | ||
| Minnesota | Illegal | No | M.S.A. § 169.471 |
| Mississippi | Legal | ||
| Missouri | Legal | ||
| Montana | Legal | ||
| Nebraska | Legal | ||
| Nevada | Legal | ||
| New Hampshire | Legal | ||
| New Jersey | Legal | ||
| New Mexico | Legal | ||
| New York | Illegal | Only one earbud is permitted | N.Y. Veh. & Traf. Law § 375-24a |
| North Carolina | Legal | ||
| North Dakota | Legal | ||
| Ohio | Illegal | Only one earbud is permitted | Rev. Code Ann. § 4511.84 |
| Oklahoma | Legal | ||
| Oregon | Legal | ||
| Pennsylvania | Illegal | One earbud is permitted for calls only | 75 Pa. C.S.A. § 3314 |
| Rhode Island | Illegal | One earbud is permitted for calls only | R.I.G.L. § 31-22-30 |
| South Carolina | Legal | ||
| South Dakota | Legal | ||
| Tennessee | Legal | ||
| Texas | Legal | ||
| Utah | Legal | ||
| Vermont | Legal | ||
| Virginia | Illegal | No | Va. St. § 46.2-1078 |
| Washington | Illegal | No | R.C.W.A. § 46.37.480 |
| Washington D.C. | Illegal | Only one earbud is permitted | DC Code § 50-1731.04 |
| West Virginia | Legal | ||
| Wisconsin | Legal | ||
| Wyoming | Legal |
For a comprehensive list of state laws, refer to this resource: The Zebra: Driving with Headphones Laws by State.
Additional Resources
- NHTSA: Distracted Driving
- Governors Highway Safety Association: Distracted Driving Laws
- Texas Department of Transportation: Drive Safe Program
Contact Michael Francis, Texas Car Accident Lawyer
If you've been involved in an accident in Texas, especially one involving a driver using headphones, it's crucial to seek legal guidance. Michael Francis has extensive experience handling such cases and can help you navigate the legal process to secure the compensation you deserve.
