It’s generally legal to drive with headphones in Texas. But if you’re distracted and get pulled over or cause an accident, you could face fines or jail time.
Michelle Lambright Black is a credit expert, freelance writer, and founder of CreditWriter.com. She has over 20 years of experience writing and speaking about credit and money, and focuses on helping families and small business owners make smart, informed decisions about their credit, money, and financial products (including insurance). Michelle's work has appeared in publications such as Yahoo! Finance, Reader's Digest, Parents, FICO, Forbes, Bankrate, The Seattle Times, MarketWatch, BuySide from Wall Street Journal, USA Today, and more. She's also a three-time finalist for the best personal finance freelancer award from the Plutus Foundation. When she isn't writing or speaking about credit and money, Michelle loves to travel with her family or read a good book. You can connect with Michelle on Instagram or Twitter.
Michelle has been a contributor at Insurify since September 2023.
Background working with banks and insurance companies
Sarah enjoys helping people find smarter ways to spend their money. She covers auto financing, banking, credit cards, credit health, insurance, and personal loans.
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Driving with headphones in Texas is legal under many circumstances — if you’re older than 18. But it’s not typically safe to wear headphones to listen to music, audiobooks, podcasts, or take a call when you’re behind the wheel.
While driving with headphones isn’t necessarily against the law, it’s illegal to drive while distracted or using hands-free devices in certain situations in Texas. Doing so could land you a ticketor even jail time. Laws may also vary by city.[1]
Here’s what you need to know before you hit the road in the Lone Star State wearing headphones.
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Does Texas law prohibit wearing headphones when driving?
There is no specific law regarding headphones while driving in Texas. But in some cases, like in school zones, the law prohibits the use of hands-free devices. Certain Texas cities may also have even stricter regulations about cellphone use and distracted driving.
But wearing headphones while driving is dangerous, as it often leads to distracted driving — which is illegal in the state of Texas. For example, you could receive a distracted driving citation if wearing headphones resulted in you causing an accident.[2]
Dangers of wearing headphones or headsets while driving
Even though it’s not illegal to drive in Texas while wearing headphones, it’s generally still not a safe idea. And a police officer could cite you with a ticket for distracted driving.
Below are some of the potential risks you face when you decide to operate a car while using headphones:
Reduced hearing: Headphones make it hard to hear what’s happening around you, which is dangerous while driving. You might miss crucial sounds like car horns, sudden braking, shouting, or emergency vehicle sirens. This is especially true for headphones with a noise-cancellation feature.
Distracted driving: Wearing headphones while driving increases the chance of driving distracted. Listening to podcasts, talking on the phone, or fiddling with the volume or contacts may cause you to take your eyes off the road.[3]
Higher risk of accidents: While exact statistics aren’t available about the dangers of driving with headphones, data shows that distracted driving leads to crashes. In 2022, 3,308 people in the U.S. died in motor vehicle crashes that involved distracted driving, according to National Highway Traffic Safety Administration data.[4]
What happens if you have a car accident while wearing headphones?
Wearing headphones when you drive may not violate Texas traffic laws, but it’s still a dangerous practice. And if you’re wearing headphones and get into a car accident in the Lone Star State, you could face potential fines and criminal charges.
For example, distracted driving in Texas can result in a penalty of up to $200 and up to 30 days in jail, depending on the circumstances of the accident.
And since Texas is an at-fault state, you’ll also be liable for any injuries or damages, which could cause your car insurance rates to go up.[5]
What to do if someone wearing headphones causes an accident with you
If you’re involved in an accident with someone wearing headphones, here are some basic steps to take after the crash:
1. Call emergency services
If someone is hurt or there’s lots of damage, call 911 immediately, and always pull the vehicle out of traffic if safe to do so. Consider filing a police report even if the accident was minor.
2. Exchange information
Share information with the other driver, including names, contact details, and insurance details.
3. Gather accident details
Document what you can remember about the accident, time of day, weather conditions, and any other key details, including if the other driver was wearing headphones. Take photos and videos of the scene.
4. File a claim
Next, contact your insurance company to file a claim. Be sure to let your insurance adjuster know that the other driver was using headphones while driving.
5. Consider if legal action is necessary
If you’re injured, talking to an accident attorney may be a good idea — especially if you feel you’re entitled to damages.
Damages you can recover in a distracted driving accident
Since distracted driving is against Texas law, you may be able to collect damages if a driver wearing headphones hits you — especially if the crash caused serious injuries or a fatality.
A personal injury attorney can help you recover certain types of losses, including:
Lost wages and income from missed work
Loss of earning capacity due to injuries
Compensation for vehicle repairs
Medical expenses
Damage to personal property
Emotional distress
Pain and suffering
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Driving with headphones FAQs
Driving with headphones is a dangerous habit that could cause distracted driving, resulting in a ticket or a serious crash. Consider the answers to these commonly asked questions before getting behind the wheel in Texas with headphones.
Is it illegal to wear a Bluetooth headset while driving?
In general, you can wear a Bluetooth headset or headphones while driving in Texas. But a law enforcement officer could still pull you over for using a hands-free device if you’re younger than 18, in a school zone, or using the device in other prohibited ways.
Is it illegal to drive with flip-flops in Texas?
Texas law doesn’t specifically ban driving with flip-flops. But getting behind the wheel with flip-flops might not be the safest decision. Instead, wear footwear that won’t slide off the pedals, like sneakers.
Is wearing AirPods while driving illegal?
Wearing AirPods isn’t necessarily illegal. But a police officer could pull you over and give you a ticket for distracted driving. It’s generally safest to have both ears free of AirPods while driving so that you can hear what’s going on around you and keep your focus on the road.
Can you receive a fine for using an earpiece while driving?
In Texas, distracted driving is illegal. If you get pulled over for being distracted and have an earpiece in, or you get in an accident using headphones, you could face fines of up to $200 or serve up to 30 days in jail. If you cause a serious accident, the penalties could be up to $4,000 and one year of jail time.
In what states is it illegal to wear headphones while driving?
At present, you can’t use headphones while behind the wheel in Alaska, California, Illinois, Louisiana, Maryland, Minnesota, Rhode Island, Virginia, or Washington.[6]
Michelle Lambright Black is a credit expert, freelance writer, and founder of CreditWriter.com. She has over 20 years of experience writing and speaking about credit and money, and focuses on helping families and small business owners make smart, informed decisions about their credit, money, and financial products (including insurance). Michelle's work has appeared in publications such as Yahoo! Finance, Reader's Digest, Parents, FICO, Forbes, Bankrate, The Seattle Times, MarketWatch, BuySide from Wall Street Journal, USA Today, and more. She's also a three-time finalist for the best personal finance freelancer award from the Plutus Foundation. When she isn't writing or speaking about credit and money, Michelle loves to travel with her family or read a good book. You can connect with Michelle on Instagram or Twitter.
Michelle has been a contributor at Insurify since September 2023.
Background working with banks and insurance companies
Sarah enjoys helping people find smarter ways to spend their money. She covers auto financing, banking, credit cards, credit health, insurance, and personal loans.
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