If a distracted driver caused your Texas car accident, you generally have the right to pursue compensation for your medical bills, lost income, and pain and suffering from the driver who caused the crash. Texas law bans texting behind the wheel, and a violation of that law can be used as evidence of negligence. Because Texas follows a modified comparative fault rule, your recovery can still be reduced, or even barred, if you are found partly responsible for the crash. Here is what typically happens after a distracted driving accident and how Texas law shapes the process.
What Counts as Distracted Driving Under Texas Law
Under Texas Transportation Code Section 545.4251, drivers may not read, write, or send an electronic message on a portable wireless device while operating a moving vehicle. The law applies statewide and covers texting, emailing, and social media use behind the wheel, though hands-free calls remain legal for most adult drivers. Distraction, however, is not limited to phone use. Other behaviors that can support a distracted driving claim include:
- Eating, drinking, or applying makeup while driving
- Watching videos or reading a screen
- Reaching for objects or attending to pets or passengers
- Adjusting a radio, GPS, or navigation system
- Engaging in a distracting conversation with passengers
Drivers under 18 face a stricter standard and are prohibited from using a wireless device at all while driving, including hands-free devices.
How a Texting Violation Can Support Your Claim
When a driver violates a safety statute like Section 545.4251 and that violation causes a collision, the violation can serve as evidence supporting a finding of negligence. In practice, this means that if a distracted driver was texting at the time of the crash, evidence of that violation, such as cell phone records, can meaningfully strengthen an injury claim. Other important sources of evidence in these cases often include:
- The official police crash report
- Eyewitness statements
- Surveillance or dash camera footage
- Cell phone records obtained through the discovery process
- Vehicle event data recorder information
How Fault Is Divided Under Texas Law
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. An injured person can still recover compensation even if they share some fault for the crash, as long as they are found to be 50 percent or less responsible. If fault is shared, the total award is reduced by the injured person’s percentage of responsibility. However, if a court or jury finds the injured person 51 percent or more at fault, Texas law bars recovery entirely. Because insurance companies frequently try to shift blame to reduce a payout, this rule often becomes a central point of dispute during negotiations.
What Compensation May Be Available
An injured person may be able to pursue compensation for both economic and non-economic losses connected to the crash, which can include:
- Past and future medical treatment
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
- Mental and emotional distress
- Wrongful death damages, including loss of companionship, in fatal crashes
In cases involving especially reckless conduct, such as texting immediately before a crash, punitive damages may also be available in certain circumstances.
Deadlines That Can Affect Your Claim
Under Texas Civil Practice and Remedies Code Section 16.003, an injured person generally has two years from the date of the accident to file a personal injury lawsuit in Texas. This deadline applies regardless of how clear liability appears or how serious the injuries are. Separately, insurance companies often impose their own, much shorter reporting windows, so notifying an insurer promptly after a crash is also important. Missing either deadline can significantly limit or eliminate the ability to recover compensation.
Important: Cell phone records that could prove a driver was texting at the time of a crash are not preserved indefinitely. Requesting these records early, before they are lost or overwritten, can make a meaningful difference in proving distraction caused the collision.
Steps to Take After the Accident
- Stay at the scene and exchange information with the other driver, as required under Texas law
- Call the police and request a copy of the official crash report
- Seek medical attention promptly, even if injuries do not seem severe at first
- Photograph the accident scene, vehicle damage, and any visible injuries
- Collect contact information from witnesses
- Avoid giving a recorded statement or accepting an early settlement offer from an insurance company before speaking with an attorney
Talk to a Distracted Driving Accident Attorney
Distracted driving claims often involve disputes over fault, cell phone evidence, and lowball insurance offers, so having experienced legal help early can make a real difference in the outcome. Morgan Bourque Attorney at Law represents injured clients throughout The Woodlands and greater Houston in a full range of personal injury claims, including distracted driving accidents. Our attorneys can investigate your crash, gather the evidence needed to prove distraction, and fight for the compensation you deserve. Reach out through our contact page or call (713) 766-6001 today to schedule a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.