Key Takeaways: What Every Distracted Driving Accident Victim Should Know
- Texas law bans texting while driving and violators face fines up to $200, with serious injury cases potentially resulting in Class A Misdemeanor charges punishable by up to one year in jail and a fine of up to $4,000.
- In 2024, nearly one in five crashes on Texas roads were caused by a distracted driver in which 373 people died and 2,587 were seriously injured. (Talk. Text. Crash.)
- Evidence disappears quickly: Phone records, vehicle data, and witness testimony must be preserved immediately after your accident.
- You can recover compensation for medical bills, lost wages, pain and suffering, and property damage when an at-fault driver was distracted behind the wheel.
- Two-year statute of limitations applies to distracted driving claims in Texas, but acting quickly helps preserve crucial evidence for your case.
Speak with a Houston texting and driving accident lawyer today at your free case review. Our experienced distracted driving accident attorneys will help you understand your rights with no pressure or obligation.
Why Choose Simmons & Fletcher After a Distracted Driving Accident in Houston?
If you’ve been injured by a distracted driver in Houston, you need experienced legal representation to hold the at-fault driver accountable. Our Houston distracted driving accident lawyers have been fighting for injured victims since 1979, understanding the unique challenges these cases present.
What sets our distracted driving attorneys apart:
- Paul H. Cannon is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization;
- Our attorneys have been recognized as Texas Super Lawyers and Rising Stars by Thomson Reuters;
- We have extensive experience investigating distracted driving accidents and preserving crucial phone records;
- Our firm has served Harris County residents for nearly 50 years with a commitment founded on Christian values.
When you choose our Houston distracted driving accident law firm, our dedicated attorneys will:
- Provide a thorough free case evaluation with no obligation;
- Investigate your accident thoroughly to establish the driver’s distraction;
- Work quickly to preserve phone records and witness testimony;
- Handle all communications with insurance companies to protect your rights;
- Fight for maximum compensation while you focus on recovery;
- Take your case to trial if a fair settlement cannot be reached.
Contact our Houston texting and driving accident attorneys today at (713) 257-9427 for your free consultation. You pay no attorney fees unless we recover compensation for your injuries.
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Types of Driver Distraction
A young lady balances a phone on her shoulder, holds a drink, and reads the label while driving.
Understanding the different types of distracted driving helps establish liability in your accident case. Distracted driving amounts to any time that a motorist’s attention is focused on something other than the job of driving safely. This issue remains to be significant today: according to the TxDOT, almost 20% of traffic collisions on Texas roads involved distracted drivers in 2024, leading to 373 fatalities and 2,587 serious injuries.
Cell Phones & Texting
Texting while driving is one of the most dangerous forms of distracted driving because it involves all three types of distractions simultaneously. When drivers text behind the wheel, they:
- Take their eyes off the road (visual distraction);
- Remove their hands from the steering wheel (manual distraction);
- Focus their mind on the conversation rather than driving (cognitive distractions).
According to a study by the Texas Transportation Institute – Center for Transportation Safety, texting doubles a driver’s reaction time and reports that these drivers were more than 11 times likely to miss a flashing light while texting.
Other phone-related distractions include:
- Making or receiving phone calls;
- Using social media platforms like Facebook, Instagram, or TikTok;
- Taking selfies or recording videos;
- Using GPS navigation or map applications.
Eating, Grooming & Other In-Cab Distractions
Many activities inside the vehicle can cause drivers to lose focus on the road:
- Eating and drinking while driving;
- Personal grooming activities like applying makeup or shaving;
- Adjusting the radio, air conditioning, or mirrors;
- Reaching for objects within the vehicle;
- Tending to children or pets in the back seat;
- Talking to passengers;
- Reading physical maps or documents;
- Daydreaming or losing focus due to fatigue.
Find out if distraction caused your Houston accident. Contact our car accident attorneys to investigate your case and preserve evidence.
Texas Laws on Distracted Driving
Texas has specific laws addressing texting and driving, making it easier to establish negligence when distracted drivers cause accidents.
Ban on Texting & Mobile Use
Since Sept. 1, 2017, it has been illegal to read, write, or send a text while driving in Texas. The law specifically prohibits using any portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped under Texas Transportation Code Section 545.4251:
- Read electronic messages while operating a vehicle;
- Write or compose electronic messages;
- Send text messages, emails, or social media posts.
There is an exception if the driver reasonably believes they are responding to an emergency situation. The vehicle must be completely stopped for legal mobile device use.
Enforcement & Penalties
Violators can face a fine of up to $200. More serious penalties apply when distracted driving causes accidents under Texas Transportation Code Section 545.4251:
- Serious injury accidents: Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year if it is shown on the trial of the offense that the defendant caused the death or serious bodily injury of another person;
- Fatal accidents: Negligent homicide charges (state jail felony).
When a driver commits a crime and causes an accident, this constitutes negligence per se under Texas law, making it easier to prove liability in your case.
Evidence Needed in a Distracted Driving Claim
Building a successful distracted driving case requires quickly gathering and preserving evidence before it disappears.
Phone Records & Witness Testimony
Phone records are crucial evidence in texting and driving cases. Our Houston distracted driving accident attorneys will:
- Subpoena the at-fault driver’s phone records to establish timing of calls or texts;
- Analyze cellular tower data to show phone activity during the accident;
- Interview witnesses who saw the driver using their phone;
- Preserve surveillance footage from nearby businesses or traffic cameras.
Time is critical: Many phone companies only retain detailed records for limited periods, making immediate legal action essential.
Vehicle Data & Police Reports
Modern vehicles contain event data recorders that can provide valuable information about the accident:
- Vehicle speed and braking patterns before impact;
- Steering input and acceleration data;
- Seatbelt usage and airbag deployment timing.
Police reports often contain officer observations about driver behavior and admissions made at the accident scene. Our attorneys will review these reports carefully and investigate any inconsistencies.
Steps After a Distracted Driving Crash
Taking the right steps immediately after your accident can protect your health and legal rights.
Calling Law Enforcement
Always call 911 after any motor vehicle accident, even if injuries seem minor. Police officers will:
- Create an official accident report documenting the scene conditions;
- Interview all parties and witnesses;
- Note any traffic violations or signs of distraction;
- Arrange for proper traffic control and scene safety.
Be honest with officers about what you observed, but avoid speculating about the cause of the accident.
Documenting Injuries & Scene Conditions
If you’re physically able, gather evidence at the accident scene:
- Take photographs of vehicle damage, the accident scene, and any visible injuries;
- Get contact information from all witnesses;
- Note the other driver’s behavior: Were they holding a phone or seemed distracted?;
- Document road conditions, weather, and traffic signals.
Seek medical attention immediately, even if you feel fine. Some injuries like concussions or soft tissue damage may not show symptoms right away.
Get help preserving evidence after your distracted driving accident. Contact our Houston attorneys immediately at (713) 257-9427.
Common Injuries in Distracted Driving Collisions
Distracted driving accidents often result in serious injuries because the at-fault driver has little time to react or avoid collision.
Whiplash & Orthopedic Trauma
Common orthopedic injuries in distracted driving accidents include:
- Whiplash and neck injuries from sudden impact;
- Broken bones in the arms, legs, and ribs;
- Shoulder and back injuries;
- Knee and ankle fractures.
These injuries may require extensive physical therapy, surgery, or long-term rehabilitation.
Head, Brain & Spinal Injuries
More severe distracted driving accidents can cause catastrophic injuries:
- Traumatic brain injuries from head impact;
- Spinal cord injuries that may result in partial or complete paralysis;
- Head-on collisions when distracted drivers cross center lines;
- Fatalities when commercial vehicles or trucks are involved.
Our attorneys work with medical experts to fully document your injuries and ensure all future care needs are considered in your claim.
Damages in Distracted Driving Cases
Texas law allows distracted driving victims to recover both economic and non-economic damages.
Medical Bills & Lost Earnings
Economic damages have clear financial value:
- All medical expenses related to your accident injuries;
- Future medical care and rehabilitation costs;
- Lost wages during your recovery period;
- Reduced earning capacity if you can’t return to your previous job;
- Property damage to your vehicle and personal belongings.
Non-Economic Damages
You can also recover compensation for intangible losses:
- Pain and suffering from your physical injuries;
- Mental anguish and emotional distress;
- Loss of enjoyment of life;
- Permanent disfigurement or scarring.
In cases involving particularly reckless behavior, punitive damages may also be available to punish the wrongdoer and deter similar conduct.
How Much Is My Houston Distracted Driving Case Worth?
The value of your distracted driving case depends on several factors:
- Severity of your injuries and impact on your daily life;
- Medical expenses both current and future;
- Lost income and reduced earning capacity;
- Degree of the driver’s negligence and whether criminal violations occurred;
- Available insurance coverage from the at-fault driver;
- Quality of evidence proving the driver was distracted.
Our experienced Houston distracted driving accident lawyers will evaluate your specific case and fight for maximum compensation covering all your losses.
Find out what your Houston distracted driving case could be worth. Contact us today for a free case evaluation.
Deadlines for Filing Distracted Driving Claims
Understanding important deadlines helps protect your right to compensation after a distracted driving accident.
Statute of Limitations
In Texas, you generally have two years from the date of your accident to file a lawsuit against the distracted driver under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline typically bars you from recovering any compensation.
However, some exceptions may apply in cases involving:
- Minors injured in accidents;
- Mental incapacity that prevents filing a claim;
- Discovery of injuries that weren’t apparent immediately.
Preservation of Evidence
Even with a two-year filing deadline, evidence in distracted driving cases can disappear quickly:
- Phone records may only be retained for months, not years;
- Vehicle data recorders can be lost if cars are scrapped or sold;
- Witness memories fade over time;
- Surveillance footage is often recorded over within weeks.
Don’t wait to protect your rights. Contact our Houston distracted driving accident attorneys immediately to begin preserving evidence for your case.
Related Resources
- Rear‑End Collisions in Houston: Learn about common causes of rear-end crashes and how to prove fault when distracted driving is involved.
- Uninsured & Underinsured Motorist Claims: Discover your options when a distracted driver lacks adequate insurance coverage.
- Drunk Driving Accidents: Learn about cases involving drivers impaired by both alcohol and distractions.
- Dram Shop Claims: Find out how Texas law may hold bars accountable when drunk and distracted drivers cause accidents.
- Rideshare Accidents: Explore the unique challenges of distracted driving cases involving Uber and Lyft drivers.
- Bicycle Accidents: Read about your legal options when a distracted driver hits you while cycling.
- Houston Highway Accidents: Understand the heightened dangers of distracted driving on Houston’s busy freeways.
- Catastrophic Injuries: Learn about complex claims when distracted driving causes life-altering harm.
- Medical Malpractice: Discover how medical errors can compound injuries from distracted driving accidents.
- Distracted Commercial Vehicle Drivers: Read about the unique risks when truck drivers become distracted behind the wheel.
- Bus Driver Liability: Learn about accountability when public transit and school bus drivers are distracted.
Distracted Driving Accident FAQs
How Do I Prove the Driver Was Texting?
Proving texting while driving requires gathering multiple types of evidence. Our Houston texting and driving accident lawyers will subpoena phone records showing the timing of calls, texts, or data usage during your accident. We also look for witness testimony, surveillance footage, and police observations noted in the accident report. Even without direct proof of phone use, we can establish distraction through the driver’s behavior and the accident circumstances.
Can I Recover If I Was Also Distracted?
Yes, you may still recover compensation under Texas’s modified comparative negligence law. If you were less than 51% at fault for the accident, you can recover damages reduced by your percentage of responsibility under Texas Civil Practice and Remedies Code Chapter 33. For example, if you were 20% at fault and your damages total $100,000, you would receive $80,000. Our attorneys will work to minimize any fault attributed to you while maximizing the at-fault driver’s responsibility.
Are Distracted Driving Cases Harder to Win?
Distracted driving cases can be challenging because direct evidence isn’t always available at the accident scene. However, modern technology provides multiple ways to prove distraction, including phone records, vehicle data, and surveillance footage. Our experienced Houston distracted driving accident lawyers know how to investigate these cases thoroughly and build compelling evidence of the driver’s negligence. When criminal charges apply, it can actually make these cases easier to win.
