• McCarthy Collision Center

Mar 29, 2024

It’s becoming more and more common to see people out and about with some kind of
headphones on or earbuds in. We all probably know at least one person who wears headphones as a constant fixture
(or maybe you are that person).

We’re not here to judge. There are plenty of places where wearing earbuds makes
sense—working on the computer at the office, going on a bike ride, at the gym, ignoring your younger siblings,
etc. However, one place we don’t recommend wearing them is while you’re driving.

Why, you ask? Well, not only is it potentially dangerous, but in some states, it’s downright
illegal.

Is Driving With Earbuds Safe?

No, not really.

Before we address the legality of things, let’s get one thing out of the way: don’t
drive with headphones on or earbuds in. Doing so presents a potential distraction, even if you’re not actively
using them, because if they’re connected to a smartphone or other device, any random ding in your ear or
notification could divert your attention from the road.

According to the NHTSA, distracted driving was ruled as the cause of over 3,500 deaths in the United States in 2021,
with countless more nonfatal accidents.

Even if you’re not being actively distracted, playing audio through headphones reduces
your ability to hear road noises like emergency vehicle sirens, other cars and pedestrians, and even your own
car. It’s certainly possible to drive if you’re hearing impaired, but it’s irresponsible to drive with earbuds
otherwise.

As a viable alternative, you can utilize your vehicle’s infotainment system. Many states also
have laws prohibiting handheld phone usage while driving, but they allow for hands-free communication. So, while
it’s still not perfectly safe, if you’re able to link your device with your vehicle, or use voice-activated
commands, it’s a good idea to do so.

Is Driving With Earbuds Illegal?

As with many laws in the U.S., it depends on which state you live in.

Here’s a down for all 50 states, as of this writing (note: there are some states where it’s
illegal to have earbuds in both ears, but there are exceptions).

Illegal for Both Ears (One ear can be in for a phone call):

  • Colorado
  • Florida
  • Georgia
  • Illinois
  • Massachusetts
  • New York
  • Ohio
  • Pennsylvania
  • Rhode Island

Illegal In General:

  • Alaska
  • California
  • Louisiana
  • Maryland
  • Minnesota

Legal:

  • Alabama
  • Arizona (Except for licensed childcare and school bus drivers)
  • Arkansas
  • Connecticut
  • Delaware
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Maine
  • Michigan
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • North Dakota
  • Oklahoma
  • Oregon
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Washington D.C
  • West Virginia
  • Wisconsin
  • Wyoming

For those of you not counting at home, driving with earbuds is legal in 34 states and the
District of Columbia, and 9 more states allow provisions for specific circumstances, so it’s only fully illegal
in 7 states. Still, it’s not unlikely that the number of states prohibiting headphone use while driving will
rise in the coming years, as more traffic data continues to come to light.

What Are the Penalties of Driving With Headphones in Illegal States?

As with the laws themselves, the consequences of breaking said laws can vary across
jurisdictions.

In the case of being pulled over simply for having earbuds in, you may simply receive
a warning. However, the most likely penalty is a moving violation, which usually results in a ticket with a fine
attached, as well as potential points on your operator’s license. If you’re caught multiple times, you may face
steeper consequences, including having your license suspended. Doesn’t really seem worth it, does it?

Things can get even hairier if you’re involved in an accident while wearing headphones. You may be charged with reckless driving, and even if you
get into a wreck in a state where it’s technically legal to drive with headphones, there’s a chance that you
could catch a lesser charge like negligent driving. Additionally, if you’re found at fault for a collision due to distracted driving, your insurance may not cover damages, and your premiums
may go up.

Drive Safe, Kansas City!

Using headphones while driving may technically be legal in Missouri and Kansas (for now) but
that doesn’t mean bad things can’t happen because of it. If you get in an accident and your car is damaged, contact McCarthy Collision
Centers
at one of our multiple locations around Kansas City. We offer round-the-clock towing, help with insurance claims, free estimates, and more.