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Is It Legal To Use Headphones While Driving? A State-By-State Guide

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Headphones are legal in 32 states and the District of Columbia, with the remaining states prohibiting their use while driving. While they’re legal in most states, drivers should be aware of their state’s specific laws and any states to which they may travel to avoid unnecessary traffic stops or being held liable for collisions.

Headphone use has an extensive history in the United States court systems, with cases like Commonwealth v. Patchett (1981) and State of Minnesota v. Turchick (1989) forming the backbone of current regulations. In these cases, both drivers were guilty of using headphones while driving – even as these regulations were still being created.

More recently, in United States v. Alashqah Tariq Powell (2017), headphone use was determined to be adequate proof of reasonable suspicion and probable cause for conducting a traffic stop in Pennsylvania. During the traffic stop, illegal drugs were found in Powell’s vehicle, leading to his indictment by a federal grand jury. 

This comprehensive guide provides a detailed overview of the laws regarding headphone use across different states, helping drivers understand where they can legally use headphones and where they cannot. 

Additionally, we’ll discuss the consequences of using headphones in the states where they are banned and safe alternatives to using headphones while driving. Lastly, if you’re involved in a car accident where headphone use is a contributing factor, we’ve outlined your immediate steps, the importance of documenting the accident, notifying your insurance company, and when to seek legal advice.

State-By-State Guide to Headphone Laws

Alabama

Alaska

Arizona

  • Headphone use is legal for most drivers but prohibited for school bus drivers and individuals who drive children to licensed child-care facilities.

Arkansas

California

  • Most drivers are prohibited from using headphones, but emergency vehicles and employees are permitted to use them. 

Colorado

  • Headphone use is illegal when covering both ears, but a single earbud for communication is permitted.

Connecticut

Delaware

District of Columbia

  • Headphone use is illegal unless a deaf or hard-of-hearing driver is using them.

Florida

  • Headphone use is illegal when covering both ears, but a single earbud for communication is permitted. 

Georgia

  • Headphone use is illegal when covering both ears, but a single earbud for communication is permitted. 

Hawaii

Idaho

Illinois

  • Headphone use is illegal when covering both ears, but a single earbud for communication is permitted. 

Indiana

Iowa

Kansas

Kentucky

Louisiana

  • Headphone use is prohibited.

  • Hearing aids permitted.

Maine

Maryland

Massachusetts

  • Headphone use is prohibited when covering both ears, but a single earbud for communication is permitted. 

Michigan

Minnesota

  • Headphone use is prohibited when covering both ears, but a single earbud for communication is permitted. 

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

  • Headphone use is legal.

New York

  • Headphone use is prohibited when covering both ears, but a single earbud for communication is permitted.

North Carolina

North Dakota

  • Headphone use is legal.

Ohio

Oklahoma

Oregon

Pennsylvania

  • Headphone use is illegal when covering both ears, but a single earbud for communication is permitted.

Rhode Island

South Carolina

South Dakota

Tennessee

  • Headphone use is legal.

Texas

  • Headphone use is legal.

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

  • Headphone use is legal.

Legal Implications of Using Headphones While Driving

The consequences for violating headphone laws will vary by state, as only some states consider their use illegal. Other states allow using a single earbud for hands-free communication but prohibit using both earbuds. 

If you live in a state that considers headphone use illegal, you can expect consequences like:

  • Fines that can range from $20 to $300 depending on your state and whether it’s a first-time or repeat offense 

  • Adding points to your license, potentially leading to license suspension

  • Criminal charges if there are injuries or fatalities

State statutes or local ordinances typically set fines and can increase with subsequent offenses. Some states have specific guidelines that judges follow to impose additional penalties based on the severity of the situation.

Impact on insurance claims

In addition to civil penalties like fines, you may encounter increased insurance premiums or denial of claims. 

A traffic violation for using headphones while driving can result in higher premiums as it indicates a higher-risk behavior to insurers. Insurance companies might also deny claims if it’s proven that the use of headphones contributed to an accident, including property damage and personal injury claims.

Liabilities in the event of an accident

The use of headphones becomes a more complicated issue when an accident occurs, especially in a state that prohibits them while driving.

Determining fault

For example, headphones can be used against you when determining fault. If you’re found to be using headphones at the time of an accident, this can be used as evidence of negligence. The use of headphones can indicate distracted driving, which is a significant factor in determining fault.

Legal disputes

In lawsuits, the opposing party can argue that using headphones contributed to your inability to hear emergency signals, other vehicles, or pedestrians, thus causing the accident. 

Additionally, if you live in a state with comparative negligence laws, your fault might be calculated as a percentage, reducing your compensation accordingly. 

Criminal charges

If headphone use while driving leads to severe injury or death, you could face criminal charges like vehicular manslaughter or reckless driving.

Alternatives To Using Headphones While Driving

There are many safe and legal alternatives for drivers who want to listen to audio while driving without using headphones, including:

  • Car audio systems, especially those with steering wheel controls that allow drivers to adjust volume, change tracks, or switch radio stations without taking their hand off the wheel

  • Bluetooth devices, like Bluetooth-enabled car stereos or inexpensive adapters that can be plugged into the auxiliary input 

  • Hands-free options, including voice-controlled systems like Apple CarPlay or Android Auto 

Tips for minimizing distractions

1. Use hands-free devices

Simply making choices aligned with hands-free use of your devices can be beneficial when minimizing distractions and practicing safe driving. This might include connecting your smartphone to your car’s Bluetooth system to make and receive calls hands-free or utilizing voice commands for navigation, calling, and controlling music playback. 

Systems like Apple CarPlay, Android Auto, and voice assistants can be beneficial.

2. Finish setting up before you drive

Before you take off, allow enough time to set up your GPS, select your music playlist, and adjust climate controls. Many drivers benefit from using a car mount for their phone to keep it within easy reach without holding it.

3. Limit phone use

Many smartphones have ample features to reduce phone use while driving. Consider activating the “do not disturb” mode to silence notifications and calls while driving, and if you must send a text, use voice-to-text features to dictate messages.

What To Do if You’re in a Car Accident Involving Headphone Use

If you’re involved in a car accident where headphone use may have contributed, you should still follow standard procedures like checking for injuries, moving to safety, and reporting the accident. However, some aspects of these accidents will differ from state to state, as each state has different laws and regulations regarding headphone use. 

It’s imperative that you’re aware of your state's laws regarding headphone use while driving. Many states prohibit the use of headphones covering both ears while driving. You’ll also want to understand the fines, penalties, and potential criminal charges associated with violating these laws in your state. 

If your state has enacted regulations prohibiting headphone use, it’s important to know why these laws were created. While it might seem inconvenient, using headphones while driving can be dangerous, as it reduces your ability to hear emergency sirens, horns, and other crucial audio cues – increasing the risk of accidents. If you were using headphones at the time of an accident, it could be considered negligent behavior, impacting your legal liability.

Steps to take post-accident

1. Notify your insurance company

Report the accident to your insurance company as soon as possible. Be truthful about your headphone use at the time of the accident, as discrepancies can affect your claim.

2. Seek legal advice

If you were using headphones during the accident, it’s recommended to seek legal counsel. Finding a well-qualified attorney can be daunting, but fortunately, Expertise.com’s car accident lawyer directory features only the most reputable professionals. Easily searchable by metro area, you can browse attorneys at your leisure to find the one that best suits your needs. 

Are you looking for a more personalized approach? Call our concierge service. They can connect you directly with a legal professional who can help with your situation.

3. Get medical attention

Even if you feel fine, get a medical examination to document any injuries that may not be immediately obvious. Taking this extra step and maintaining records of all medical treatments and follow-up care related to the accident can help inform your attorney of any costs owed to you.

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