If you’re like a lot of people, your cell phone is in your hand (or close to it) almost constantly. However, depending on where you live, using your phone when you’re behind the wheel can have significant legal consequences. Plus, it’s extremely dangerous.
Below, we’ll break down the texting while driving laws in every state so you know what rules to follow on the road.
Key Takeaways
- Hands-free driving laws were passed to reduce the number of fatal or serious crashes due to cell phone use while operating a vehicle.
- Each state has its own laws, so it’s important to be familiar with the legislation that applies to where you drive.
- Consequences for violating these laws can include basic penalties, such as fines or points on your license, as well as serious charges if your cell phone use caused an accident that hurt or killed someone.
- If you’re the victim of a distracted-driving car accident, you may be able to receive compensation for your damages by filing a personal injury lawsuit.
- Pre-settlement funding is a cash advance of a portion of your expected settlement, which can help you bridge the financial gap while you wait for your case to end.
What Are Hands-Free Driving Laws?
Distracted driving occurs any time the operator of a vehicle focuses on something other than controlling the vehicle and monitoring what’s happening on the road. Using your cell phone while behind the wheel is one form of distracted driving [1].
Unfortunately, using your phone while driving can have deadly consequences. According to the National Highway Traffic Safety Administration, in 2023, nearly 400 fatalities occurred in crashes involving one or more drivers using their phone at the time of the accident [1].
In recent years, in an effort to prevent loss of life, most states have passed laws limiting what you can do with your phone while driving [2]. Penalties for violating these laws typically include fines and points on your license, which usually increase with each offense. However, if your phone use causes an accident, you could be liable for the other party’s damages [3].
Is Texting While Driving Illegal Everywhere?
No, texting while driving isn’t illegal everywhere. The federal government hasn’t passed a national law banning texting while on the road.
However, 47 out of 50 states have made texting while driving a primary offense [4], which means a police officer can pull you over if they see you doing it [2].
In addition, 49 out of 50 states have passed legislation limiting cell phone use while behind the wheel. Some states ban all use for teen drivers and school bus drivers, while many prohibit handheld use for all drivers [4].
Texting and Driving Laws by State
Below, we’ll take a closer look at each state’s texting while driving laws [4].
Note: A primary offense is a violation that gives police officers the right to pull you over if they see you doing it. The police do not need any other reason for pulling you over.
A secondary offense is a violation that does not give police officers the right to pull you over. They can only ticket you for a secondary offense if they originally pulled you over for a primary offense.
Primary offenses tend to be more serious in nature and punishment than secondary offenses.[5]
Alabama
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (secondary offense)
- Teen drivers with their intermediate license for less than six months are prohibited from holding their device while driving (primary offense).
Alaska
- All drivers are banned from texting while driving (primary offense).
Arizona
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
Arkansas
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving in a work or school zone (primary offense).
- Drivers aged 18-21 are prohibited from holding their device while driving (primary offense).
- Novice drivers and drivers under age 18 are banned from using their phone while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
California
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 are banned from using their cell phone for any reason while driving (secondary offense).
- School bus drivers and passenger bus drivers are banned from using their phone while driving (primary offense).
Colorado
- All drivers are banned from texting while driving (primary offense).
- Drivers under age 18 are banned from using their phone for any reason while driving (primary offense).
Connecticut
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
Delaware
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers with a learner’s permit are banned from using their phone while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
Florida
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving in a work or school zone (primary offense).
Georgia
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
Hawaii
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Idaho
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
Illinois
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 19 are banned from using their phone while driving (primary offense).
Indiana
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 21 are banned from using their phone while driving (primary offense).
Iowa
- All drivers are banned from texting while driving (primary offense).
- Teenage drivers are banned from using their phone while driving (primary offense).
- Drivers with a learner’s permit or restricted license are banned from using their phone while driving (primary offense).
Kansas
- All drivers are banned from texting while driving (primary offense).
- Drivers with a restricted license are banned from using their phone while driving (primary offense).
- Drivers aged 14-17 with a learner’s permit are banned from using their phone while driving (primary offense).
Kentucky
- All drivers are banned from texting while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Louisiana
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving in a school zone (primary offense).
- Drivers with a learner’s permit or restricted license are prohibited from holding their phone while driving (secondary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
- Drivers licensed for less than a year are banned from using their phone while driving (secondary offense).
Maine
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
- Drivers with a learner’s permit are banned from using their phone while driving (primary offense).
Maryland
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Massachusetts
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers and passenger bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Michigan
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers with a learner’s permit or intermediate license (levels 1 and 2) are banned from using their phone while driving (primary offense).
Minnesota
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers with a learner’s permit or provisional license issued within the past year are banned from using their phone while driving (primary offense).
Mississippi
- All drivers are banned from texting while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
Missouri
- All drivers are banned from texting while driving (secondary offense).
- All drivers are prohibited from holding their device while driving (secondary offense).
- School bus drivers are banned from using their phone while driving (secondary offense).
Montana
- There are no laws restricting cell phone use while driving.
Nebraska
- All drivers are banned from texting while driving (secondary offense).
- School bus drivers are prohibited from holding their device while driving (primary offense).
- Drivers with a learner’s permit or intermediate license are banned from using their phone while driving (secondary offense).
Nevada
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
New Hampshire
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).Drivers under age 18 are banned from using their phone while
- driving (primary offense).
New Jersey
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers with a learner’s permit are banned from using their phone while driving (primary offense).
New Mexico
- All drivers are banned from texting while driving (primary offense).
- Drivers with a learner’s permit or intermediate license are banned from using their phone while driving (primary offense).
New York
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
North Carolina
- All drivers are banned from texting while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
- Drivers with a learner’s permit are banned from using their phone while driving (primary offense).
North Dakota
- All drivers are banned from texting while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
- Drivers with a restricted license are banned from using their phone while driving (primary offense).
Ohio
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 with a learner’s permit are banned from using their phone while driving (primary offense).
Oklahoma
- All drivers are banned from texting while driving (primary offense).
- School bus drivers and passenger bus drivers are prohibited from holding their device while driving (primary offense).
- Drivers with a learner’s permit or intermediate license are prohibited from holding their device while driving (primary offense).
Oregon
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Pennsylvania
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
Rhode Island
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
South Carolina
- All drivers are banned from texting while driving (primary offense).
South Dakota
- All drivers are banned from texting while driving (primary offense).
- Drivers with a learner’s permit are banned from using their phone while driving (secondary offense).
Tennessee
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers with a learner’s permit are banned from using their phone while driving (primary offense).
Texas
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving in a school zone (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Utah
- All drivers are banned from texting while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Vermont
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers under age 18 are banned from using their phone while driving (primary offense).
Virginia
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers with a learner’s permit or provisional license are banned from using their phone while driving (secondary offense).
Washington
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- Drivers with a learner’s permit or intermediate license are banned from using their phone while driving (primary offense).
West Virginia
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving (primary offense).
- School bus drivers are banned from using their phone while driving (primary offense).
- Drivers under age 18 with a learner’s permit are banned from using their phone while driving (primary offense).
Wisconsin
- All drivers are banned from texting while driving (primary offense).
- All drivers are prohibited from holding their device while driving in a work zone (primary offense).
- Drivers with a probationary license are banned from using their phone while driving (primary offense).
Wyoming
- All drivers are banned from texting while driving (primary offense).
Important note: Your state’s laws could change, so it’s a good idea to pay attention to any new legislation that may impact how you can use your phone while driving.
How to Stay Compliant While Driving
- Installing a permanent mount in your car for your device.
- Using a Bluetooth headset.
- Using a voice-activated assistant that can dial, send texts, and look up information on command.
- Limiting phone use to what’s truly necessary.
- Keeping conversations short.
- Pre-programming your GPS before you leave.
- Starting your audiobook or music before shifting out of park.
What if I’m in an Accident with Someone Who Was Texting and Driving?
Getting into a car accident can change your life in an instant. Suddenly, you could become seriously injured and unable to work. As a result, your bills could pile up, threatening everything you’ve worked so hard to build.
If the other driver was distracted and at fault for the incident, you may be able to receive compensation for your damages by filing a personal injury lawsuit. Unfortunately, though, your lawsuit could take a long time to resolve, making a challenging financial situation even worse.
Fortunately, you may be eligible for pre-settlement funding, which is a cash advance on your anticipated settlement. Pre-settlement funding is nonrecourse, so you don’t have to repay your funder unless you win your case.
Plus, you could get your money in as little as 24 business-day hours,* and you can spend it on anything you need without restrictions or needing to submit receipts. You also don’t need good credit to qualify. Your eligibility is primarily based on the strength of your case.
Pre-Settlement Funding for Distracted Driving Lawsuits
Most states have laws in place to dissuade drivers from using their phone while on the road. However, distracted driving accidents due to cell phone use are still happening – and some of them are serious.
If you’re the victim of a distracted driving accident, pre-settlement funding can help you stay financially afloat while you wait for your day in court.
If you live in one of the 45 states where we provide funding, chances are good that we’ll be able to help you get through this difficult time.
Apply now or call us today at 1-877-USCLAIMS to get started.
*Funding subject to approval. We typically fund within 24 business-day hours after we receive a fully-executed contract. Additional restrictions may apply. Call for details.
**2X CAP may not be applicable for all types of cases and/or jurisdictions.
Disclaimer
Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the nonrecourse nature of pre-settlement funding.
Sources
- National Highway Traffic Safety Administration. “Distracted Driving in 2023.” Apr. 2025. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813703
- Scott Vicknair Injury Lawyers. “Which States Have Hands-Free Driving Laws” https://www.scottvicknair.com/faq/which-states-have-hands-free-driving-laws/
- Singleton Law Firm. “What You Need To Know About Georgia Hands-Free Laws.” Singleton, Donald. 27 Apr. 2023. https://atlantainjurycounsel.com/what-you-need-to-know-about-georgia-hands-free-laws/
- National Conference Of State Legislatures. “State Cellphone Use While Driving Laws.” https://app.powerbi.com/view?r=eyJrIjoiMDBhNDNkZjQtMDg2OS00YzZkLWJhZWYtYzM1MTRlZGIxZTI4IiwidCI6IjM4MmZiOGIwLTRkYzMtNDEwNy04MGJkLTM1OTViMjQzMmZhZSIsImMiOjZ9&pageName=ReportSection
- “What Are Primary and Secondary Traffic Offenses?” Www.Alllaw.Com, All Law, 6 May 2022, www.alllaw.com/articles/nolo/traffic-tickets/what-are-primary-and-secondary-traffic-offenses.html.
- Phillips Law Offices. “Hands-Free Laws: What You Need To Know.” Varun. 10 Oct. 2024. https://phillipslawoffices.com/hands-free-laws/
