Distracted driving happens when a driver’s attention shifts away from the road. It falls into three main types: visual (taking eyes off the road), manual (removing hands from the wheel), and cognitive (losing mental focus on driving). Any distraction behind the wheel increases the risk of an accident and serious harm to others.
In Texas, distracted drivers can face legal consequences. Those they injure may suffer long-term effects, from lost income to medical bills to daily hardships caused by physical limitations. Compensation can help cover these costs and restore some sense of control.
If you or a loved one suffered injuries in a distracted driving crash, you’ve likely dealt with more than just vehicle damage. The ripple effects touch every part of life. A free consultation with a car accident lawyer near you can help you figure out the next steps.
Texas Distracted Driving Laws and Regulations
Texas takes distracted driving seriously. Several laws aim to keep roads safe and hold drivers accountable when they act carelessly.
Current State Laws and Penalties
Texas law bans texting while driving statewide. Using a handheld device in school zones or while driving a bus with minors is also illegal. Fines range from $25 to $200, depending on prior offenses and specific circumstances.
Drivers under 18 can't use wireless devices at all while driving. Commercial drivers face even stricter restrictions under both state and federal rules.
Violating these laws may lead to more than just a ticket. If a crash results from distracted driving, the driver can face civil liability for any resulting injuries or losses.
Local Ordinances and Municipal Restrictions
Some Texas cities enforce additional rules. Houston, for instance, prohibits any handheld device use while driving, not just texting.
City-specific rules vary, so a driver who crosses city lines might unknowingly violate a stricter ordinance. That doesn't excuse the behavior, though, especially when it leads to harm.
Recent Legislative Changes and Updates
Lawmakers have discussed expanding distracted driving laws to cover all handheld use across the state. While no new statewide bans have passed recently, public pressure continues to push for broader protections.
Technology evolves quickly, so the legal system often plays catch-up. Still, a driver doesn't need to break a specific law to be held responsible for acting without due care.
What Are the Most Common Types of Distracted Driving?
Distracted driving takes many forms. Some involve tech, while others are as old as driving itself.
Cell Phone Use and Texting While Driving
Texting pulls your eyes, hands, and mind away all at once. Reading or sending just one message while moving at highway speed is like driving the length of a football field blindfolded.
Calls, even hands-free ones, still split your focus. Studies show that talking on the phone while driving lowers reaction times and decision-making abilities.
Eating, Drinking, and Personal Grooming
Unwrapping food, sipping coffee, or applying makeup might not seem risky. But every second spent doing something other than watching the road increases the chance of an accident.
A spilled drink or dropped snack can cause sudden movements or panic that distracts a driver when they need to be most alert.
Navigation Systems and In-Vehicle Technology
GPS apps help drivers find their way, but fiddling with them while moving creates problems. The same goes for touchscreens, music apps, and infotainment systems built into newer vehicles.
Voice commands reduce some distractions but don’t eliminate them. Mental effort still shifts away from driving, especially when tech doesn’t work as expected.
Passengers and External Distractions
Passengers, especially children or pets, can divert a driver’s attention. So can rubbernecking a roadside crash, reading billboards, or watching people on sidewalks.
Even a second’s delay in responding to changing traffic can lead to a crash. Safe driving means focusing solely on the task at hand.
Proving Negligence in Distracted Driving Cases
Holding a distracted driver responsible requires showing what happened and why. That often means gathering several types of evidence.
Evidence Collection and Documentation
Photos, video footage, and physical evidence from the scene help recreate the crash. Skid marks, debris location, and damage to vehicles all support what likely took place.
Medical records, property estimates, and receipts show the impact on your life and provide proof of the losses you’ve faced.
Expert Testimony and Accident Reconstruction
Engineers and accident investigators can analyze physical evidence and provide opinions on how the crash occurred. Their insight often confirms distracted driving as a key cause.
These professionals may create diagrams or computer models to show how events unfolded, which can strengthen your case during negotiations or in court.
Cell Phone Records and Digital Evidence
Phone records can show when a driver sent texts or made calls around the time of the crash. In some cases, social media posts or app use reveal even more about a driver’s focus or lack of it.
Subpoenas may be needed to obtain these records, especially if the other driver won’t admit fault.
Witness Statements and Police Reports
Bystanders may have seen the driver on their phone or swerving before the crash. Their accounts help build a clearer picture of what happened.
Police officers often note signs of distraction in their reports. Statements made at the scene may also be used to support your claim.
How Much Compensation Can I Receive for a Distracted Driving Accident?
Every case is different. The amount you can recover depends on the harm you’ve suffered and how clearly the other party’s fault can be shown.
Medical Expenses and Future Treatment Costs
Ambulance rides, ER visits, surgeries, and rehab add up fast. If you’ll need ongoing care, physical therapy, prescriptions, or follow-ups, those costs also count.
Don’t accept an offer that only covers today’s bills. You deserve enough to handle what lies ahead.
Lost Wages and Diminished Earning Capacity
If injuries kept you from working, you may recover the pay you missed. If your ability to work has changed, permanently or temporarily, you may seek compensation for that as well.
Some people return to work but can’t perform the same tasks. Reduced hours, job changes, or the need to retrain all have value in your claim.
Pain and Suffering Damages
Pain isn’t just physical. Recovery often brings sleepless nights, mental stress, and a drop in quality of life.
You don’t have to put a price tag on it yourself. Your lawyer can help calculate a fair amount based on the severity and long-term impact.
Property Damage and Vehicle Replacement
Your vehicle and anything inside it at the time of the crash may be repairable or may need replacing. You may also recover the cost of a rental or other transportation while waiting for repairs.
The Legal Process for Distracted Driving Claims
You don’t have to guess how the legal process works. A car accident lawyer can handle the steps while you focus on recovery.
Filing Your Claim Within the Texas Statute of Limitations
Texas gives you two years from the date of the accident to file a lawsuit. That sounds like a long time, but waiting too long can hurt your case.
Claims against government vehicles or departments come with even shorter deadlines, sometimes as little as six months.
Insurance Company Negotiations
Insurance companies don’t always offer fair amounts upfront. They may downplay injuries, argue about fault, or drag their feet.
A lawyer who handles distracted driving cases pushes back. They prepare detailed demands, respond quickly, and hold insurers to their promises.
Litigation and Trial Proceedings
Most cases settle before trial. But when the other side refuses to take responsibility, your lawyer can prepare your case for court.
This includes gathering evidence, questioning witnesses, and presenting your side to a judge or jury.
Settlement vs. Going to Court
When an insurance company agrees to a reasonable amount, settling makes sense. It saves time and avoids courtroom risks.
But if they stall or offer less than your losses, a trial may be the best path to justice. You’ll make that decision with help from your legal team.
When Should I Contact a Distracted Driving Attorney?
Early action puts you in the best position. Here’s how to know it’s time to make the call.
Immediate Steps After an Accident
Right after the crash, collect contact info from everyone involved. Take photos if you can. See a doctor even if you feel fine. Some injuries take time to show up.
Contacting a lawyer early allows evidence to be preserved and deadlines to be met.
Red Flags That Indicate You Need Legal Representation
If the other driver denies fault, or their insurer downplays your injuries, legal help becomes urgent. So does any pressure to settle quickly or sign documents without review.
How Legal Counsel Protects Your Rights
A lawyer shields you from tactics that reduce your payout. They deal with paperwork, deadlines, and negotiations, so you don’t have to.
They also bring in experts when needed and know how to value your claim accurately.
The Advantage of Early Legal Intervention
The sooner your legal team gets started, the better they can preserve evidence, contact witnesses, and guide you through what to do next.
Waiting too long may result in lost evidence or missed deadlines.
Comparative Negligence in Texas Distracted Driving Cases
Not every crash has one driver 100% at fault. Texas law accounts for this.
Understanding the 51% Rule
If you’re less than 51% responsible for the crash, you can still recover damages. If you’re 51% or more at fault, you can’t.
Even if you share some blame, your claim may still succeed. The amount you receive gets reduced based on your share of fault.
How Shared Fault Affects Your Compensation
Let’s say the court finds you 20% at fault and your total damages are $100,000. You’d recover $80,000.
Insurance companies often try to shift the blame to reduce payouts. Having someone on your side who knows how to fight back makes a big difference.
Defending Against Comparative Negligence Claims
The other driver might claim you weren’t paying attention or didn’t react fast enough. Your lawyer can present evidence to show that their distraction, not yours, caused the crash.
That might include camera footage, records, or testimony from people who saw what happened.
Distracted Driving FAQs
What if the at-fault driver doesn't have insurance?
You may turn to your own uninsured motorist coverage. If you don’t have it, suing the driver directly is another option, though collecting may be harder.
What if the other driver's insurance company contacts me directly?
Don’t give a statement or accept an offer without legal advice. Insurance adjusters aim to protect their bottom line, not yours.
What should I do if the police report is inaccurate?
You can submit a correction or supplement to the reporting agency. Your lawyer can also help collect other evidence to counter any mistakes.
How long will it take to get my compensation?
Some cases settle in a few months. Others take longer, especially if the insurer fights back or a trial is needed. Your legal team will keep things moving and update you regularly.
Claim or Start My Free Investigation
At Suits & Boots Accident Injury Lawyers, we know how distracted driving crashes disrupt lives. When careless drivers take shortcuts behind the wheel, they put others in harm’s way and should be held fully accountable.
Our team has handled countless claims involving texting, phone use, and other distractions. We know how to gather evidence, deal with insurance companies, and present strong arguments for full compensation.
We won’t charge anything upfront to start your case. We don’t get paid unless we recover money for you through a settlement or court award. That way, you don’t have to take financial risks while seeking justice.
Let us take on the legal work while you focus on healing. Contact us today for a free consultation and see how Suits & Boots can help you move forward.