Distracted Driving Accidents in Dallas-Fort Worth: Understanding Texas Law

Distracted driving has become one of the leading causes of traffic fatalities across Texas, with Dallas and Fort Worth consistently ranking among the most dangerous metropolitan areas for this preventable hazard. Every day on North Texas highways and city streets, drivers take their eyes off the road to check text messages, scroll through social media, or simply glance at a GPS—often with devastating consequences. Understanding Texas distracted driving laws and the legal options available to crash victims is essential for anyone navigating the aftermath of these preventable collisions.

The Dallas-Fort Worth metroplex presents unique challenges for drivers. With complex highway interchanges, dense urban traffic, and sprawling suburban roads, the region demands constant attention from motorists. When that attention falters, the results can be catastrophic.

What Qualifies as Distracted Driving Under Texas Law?

Distracted driving encompasses any activity that diverts attention from the primary task of operating a vehicle safely. The National Highway Traffic Safety Administration (NHTSA) categorizes distractions into three main types:

• Visual distractions: Taking eyes off the road (looking at a phone, reading a billboard, or checking on passengers)
• Manual distractions: Taking hands off the steering wheel (eating, drinking, adjusting controls, or reaching for objects)
• Cognitive distractions: Taking the mind off driving (daydreaming, emotional conversations, or mental preoccupation)

Texting while driving is particularly dangerous because it combines all three types of distraction simultaneously. Studies show that sending or reading a text takes a driver’s eyes off the road for approximately five seconds—at highway speeds, that’s equivalent to traveling the length of a football field blindfolded.

Texas Distracted Driving Laws: What Every Driver Should Know

Texas has enacted several laws specifically targeting distracted driving behaviors, with penalties that can significantly impact both criminal liability and civil claims for damages.

Statewide Texting Ban

Texas Transportation Code § 545.4251 prohibits all drivers from reading, writing, or sending electronic messages while operating a motor vehicle. This statewide ban applies to all drivers regardless of age or experience level. Violations constitute a misdemeanor offense, with fines starting at $25 for first-time offenders and increasing to $200 for repeat violations. If texting while driving causes death or serious bodily injury, the offense becomes a Class A misdemeanor with potential fines up to $4,000 and jail time up to one year.

Protections for Young Drivers

Texas Transportation Code § 545.424 goes further for drivers under 18, prohibiting the use of any wireless communication device while driving—including hands-free devices. This stricter standard recognizes that inexperienced drivers face heightened risks when attention is divided between driving and phone use.

School Zone Restrictions

Under Texas Transportation Code § 545.425, all drivers are prohibited from using handheld wireless communication devices while operating vehicles in active school crossing zones. This law protects children during the most vulnerable times of the school day and applies regardless of driver age.

Local Ordinances in DFW Communities

Many cities throughout the Dallas-Fort Worth area have enacted stricter local ordinances that exceed state requirements. For example, some municipalities have implemented complete handheld device bans, requiring hands-free operation for all phone use while driving. These local laws can create additional layers of liability when crashes occur within city limits. Understanding how Texas laws continue to evolve to address distracted driving remains important for both drivers and accident victims.

The Scope of Distracted Driving in Dallas-Fort Worth

According to the Texas Department of Transportation (TxDOT), distracted driving contributes to a significant percentage of crashes across the state each year. The DFW metroplex, as the fourth-largest metropolitan area in the United States, sees a proportionally high number of these incidents.

High-traffic corridors like Interstate 35E, Interstate 30, U.S. Highway 75, and the Dallas North Tollway witness distracted driving crashes daily. The region’s growing population and expanding road network create conditions where momentary inattention can lead to serious, multi-vehicle collisions.

Common scenarios for distracted driving accidents in the DFW area include:

• Rear-end collisions: Drivers looking at phones fail to notice slowing or stopped traffic
• Intersection crashes: Distracted drivers run red lights or fail to yield right-of-way
• Lane departure accidents: Drifting into adjacent lanes or off roadways while attention is diverted
• Pedestrian and cyclist strikes: Failure to notice vulnerable road users in crosswalks or bike lanes
• Construction zone collisions: Missing critical warning signs and sudden lane changes

Proving Distracted Driving in a Personal Injury Case

Establishing that another driver was distracted at the time of a crash requires thorough investigation and evidence gathering. Unlike alcohol-impaired driving, which can be confirmed through blood tests, distracted driving often leaves more subtle traces. Understanding how attorneys prove texting while driving in court can help accident victims appreciate the importance of early evidence preservation.

Key evidence types in distracted driving cases include:

Cell Phone Records

Subpoenaed phone records can establish whether calls, texts, or data usage occurred in the moments before a crash. Timestamps on messages or app activity can directly correspond with the time of the collision, creating compelling evidence of distraction.

Witness Testimony

Eyewitness accounts from other drivers, passengers, or bystanders who observed the at-fault driver using a phone or engaging in distracted behavior carry significant weight. Passengers in the distracted driver’s own vehicle may provide critical testimony about activities occurring just before impact.

Police Reports

Law enforcement officers responding to accident scenes often note observations about driver behavior, including whether phones were visible or if drivers admitted to distracted activities. Some officers specifically ask about phone use during their investigations.

Video Evidence

Dashboard cameras, traffic cameras, security cameras from nearby businesses, and even footage from other vehicles can capture distracted driving behavior. This objective evidence can be particularly persuasive to juries.

Vehicle Data

Many modern vehicles are equipped with event data recorders (EDRs) or “black boxes” that capture information about vehicle speed, brake application, and steering inputs in the seconds before a crash. Absence of braking or evasive action can support claims that a driver was not paying attention.

Liability and Compensation for Distracted Driving Accidents

Texas follows a “modified comparative fault” rule for personal injury cases. Under Texas Civil Practice and Remedies Code Chapter 33, an injured person can recover damages as long as they are not more than 50 percent responsible for the accident. If the injured party bears some responsibility, their recovery is reduced proportionally by their percentage of fault.

Victims of distracted driving accidents may be entitled to compensation for:

• Medical expenses: Emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
• Lost wages: Income lost during recovery and diminished future earning capacity
• Pain and suffering: Physical pain, emotional distress, and reduced quality of life
• Property damage: Vehicle repair or replacement and damaged personal belongings
• Loss of consortium: Impact on family relationships and spousal support
• Wrongful death damages: Funeral expenses, lost financial support, and loss of companionship when crashes prove fatal

In cases involving particularly egregious conduct—such as a driver who was watching videos or live-streaming while causing a fatal crash—punitive damages may also be available to punish the wrongdoer and deter similar behavior.

The Importance of Acting Quickly: Texas Statute of Limitations

Accident victims must be aware of critical deadlines for filing legal claims. Under Texas Civil Practice and Remedies Code § 16.003, personal injury claims generally must be filed within two years of the date of the accident. Wrongful death claims also carry a two-year limitation period.

Failing to file within this window typically bars recovery entirely, regardless of how strong the evidence of distracted driving may be. Given the time needed to investigate crashes, gather evidence, and build a compelling case, beginning the legal process promptly is essential. The importance of paying attention to distracted driving extends beyond prevention—it includes timely action when crashes occur.

Beyond Texting: Other Forms of Driver Distraction

While texting receives significant attention in distracted driving discussions, many other activities can impair a driver’s ability to operate a vehicle safely:

• GPS and navigation systems: Programming destinations or adjusting routes while driving
• Eating and drinking: Managing food, drinks, or wrappers behind the wheel
• Grooming: Applying makeup, shaving, or adjusting appearance
• Passenger interactions: Turning to speak with passengers or managing children
• In-vehicle entertainment: Changing radio stations, streaming music, or watching videos
• Emotional distraction: Driving while upset, angry, or preoccupied with personal problems
• Fatigue: Drowsy driving shares many characteristics with distracted driving

Any of these activities can form the basis for a negligence claim if they contribute to causing an accident that injures another person.

Frequently Asked Questions About Distracted Driving in Texas

Is it illegal to use a phone while driving in Texas?

Texas law specifically prohibits texting—reading, writing, or sending electronic messages—while driving statewide. However, making phone calls is generally permitted for adults unless local ordinances impose stricter rules. Drivers under 18 cannot use any wireless device, and all drivers must avoid handheld device use in school zones.

What should someone do immediately after being hit by a distracted driver?

After ensuring safety and calling 911, accident victims should document the scene with photographs, collect witness contact information, and seek medical attention even if injuries seem minor. Importantly, noting any observations about the other driver’s behavior—such as whether they were holding a phone—can be valuable later.

Can distracted driving be proven if the other driver denies using their phone?

Yes. Cell phone records, witness testimony, video evidence, and other investigative tools can establish phone use even when drivers deny distraction. Insurance companies and attorneys regularly subpoena phone records in serious accident cases.

How long does someone have to file a lawsuit after a distracted driving accident in Texas?

The general statute of limitations for personal injury claims in Texas is two years from the date of the accident. Missing this deadline typically prevents any legal recovery, making timely consultation with a legal professional essential.

Can passengers file claims if injured by a distracted driver?

Yes. Passengers injured in vehicles—whether riding with the distracted driver or in another vehicle—can file claims for their injuries. Passengers generally do not bear fault for crashes and may have strong claims for compensation.

Does Texas have a hands-free law?

Texas does not have a statewide hands-free law requiring all phone use to be hands-free. However, many cities and municipalities within the DFW area have enacted local hands-free ordinances. Drivers should be aware of local rules in the communities where they travel.

Moving Forward After a Distracted Driving Accident

Distracted driving accidents can cause life-altering injuries and profound emotional trauma. Understanding the legal framework in Texas—from the specific statutes prohibiting texting to the deadlines for filing claims—empowers accident victims to make informed decisions about protecting their rights.

Evidence preservation is critical in these cases. The sooner an investigation begins, the better the chances of securing phone records, identifying witnesses, and obtaining video footage before it is lost or deleted. Crash victims and their families benefit from understanding both the legal landscape and the practical steps necessary to pursue accountability.

The Dallas-Fort Worth community continues to grapple with the consequences of distracted driving, as crashes claim lives and cause serious injuries throughout the region. Awareness of Texas law, combined with diligent evidence gathering and timely legal action, offers the best path forward for those affected by another driver’s negligence.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.