Injured by a Distracted Driver in Texas? What You Need to Know
Distracted driving is one of the leading causes of serious crashes in Texas. If you’ve been injured because another driver was texting, eating, or checking a GPS, you may be entitled to compensation. Texas law holds drivers accountable for failing to pay attention behind the wheel—especially when that negligence leads to injury or loss.
What Counts as Distracted Driving?
According to the Texas Department of Transportation (TxDOT), distracted driving involves any activity that takes your eyes, hands, or attention away from driving. Common distractions include:
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- Texting or using a smartphone
- Adjusting the radio or navigation system
- Eating or drinking
- Talking to passengers or children in the backseat
- Looking at roadside distractions or digital billboards
Texting while driving is particularly dangerous because it combines all three types of distraction: visual, manual, and cognitive.
Texas Law on Texting and Driving
In 2017, Texas passed a statewide ban on texting while driving. Under Texas Transportation Code § 545.4251, it is illegal for a driver to read, write, or send electronic messages while operating a motor vehicle.
Violations may result in fines, but when a crash occurs, these violations can serve as strong evidence of negligence in a personal injury claim.
Why Distracted Driving Matters in Injury Lawsuits
Texas uses a modified comparative negligence system (Civil Practice & Remedies Code § 33.001). This means if you were less than 51% at fault, you may still recover compensation—but your award will be reduced by your percentage of responsibility.
If the other driver was clearly texting, checking social media, or otherwise distracted at the time of the crash, that can weigh heavily in your favor. Courts and insurance companies see distracted driving as a serious breach of the duty of care all drivers owe one another.
What Kind of Compensation Can You Seek?
Victims of distracted driving accidents in Texas may pursue damages for:
- Medical bills and ongoing treatment
- Lost wages and reduced future earning potential
- Pain and suffering
- Property damage to your vehicle
- Emotional distress or mental anguish
In rare cases involving gross negligence—such as repeat texting offenses—punitive damages may also apply.
What to Do After a Distracted Driving Crash
Protect your rights by taking these steps:
- Call 911: Ensure a police report is made. Officers may note signs of distraction (e.g., a phone on the driver’s lap).
- Gather evidence: Take photos, collect contact information from witnesses, and document the scene.
- Seek medical care: Even if you feel fine, some injuries take time to manifest.
- Request phone records: If texting is suspected, an attorney can help subpoena the driver’s records during investigation.
Distracted Driving Statistics in Texas
According to TxDOT’s 2023 crash report:
- Distracted driving was a factor in over 89,000 crashes
- Those crashes led to nearly 400 deaths and thousands of serious injuries
- Young drivers (16–24) were most likely to be involved in distracted driving incidents
These numbers highlight why Texas courts and juries take these cases so seriously.
FAQs About Distracted Driving Injuries
Can I sue if the driver was texting?
Yes. Texting while driving is illegal in Texas, and it can serve as strong evidence of negligence in a personal injury lawsuit.
Do I need to prove the driver was distracted?
While not required to prove your entire case, showing the driver was distracted (via phone records or eyewitnesses) can help establish fault and increase the value of your claim.
What if I was partially at fault too?
Under Texas law, you can still recover damages if you’re less than 51% at fault. Your compensation will be reduced by your percentage of fault.
Conclusion
Distracted driving isn’t just careless—it’s dangerous. If you or someone you love has been injured by a distracted driver in Texas, understanding how the law works can help you protect your rights and secure the compensation you deserve.
This issue is especially common on high-traffic roads around Dallas, Fort Worth, and Arlington. Whether you’re driving through city streets or I-35, driver distraction is a risk that Texas law takes seriously.
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.
