Every year, more than 3,000 Americans are killed because someone is driving while distracted, with many hundreds of thousands more injured in such accidents. Tragically, about 20 percent of those killed in distracted driving incidents are pedestrians or cyclists. When crossing the street or responsibly riding your bike is dangerous, our nation has a serious distracted driving problem. 

If you’ve been injured in a car crash caused by a texting driver, you may be wondering what legal options you have. Texas law allows victims of distracted driving accidents to pursue compensation for their medical bills, lost income, pain and suffering, and other damages. 

However, proving that the other driver was texting at the time of the crash can be challenging. Working with an experienced Dallas car accident attorney can make all the difference in holding the responsible party accountable and securing the compensation you deserve.

Common Texting and Driving Car Accident Injuries

Even when a vehicle is not going very fast, drivers and passengers can suffer serious injuries. A list of the most common injuries in car accidents inEven at low speeds, a distracted driving crash can cause severe and life-altering injuries. The force of impact from a collision can throw occupants forward, cause whiplash, or even result in a head injury if the driver or passengers hit the dashboard, steering wheel, or window.

Some of the most common injuries sustained in texting and driving accidents include:

  • Traumatic brain injuries (TBIs): Concussions, hematomas, and contusions can lead to cognitive impairment, memory loss, and emotional instability. In severe cases, TBIs may require lifelong medical care.
  • Spinal cord injuries: These can result in partial or total paralysis, such as quadriplegia or paraplegia, affecting a victim’s ability to work or perform daily activities.
  • Back and neck injuries: Herniated discs, nerve damage, and soft tissue injuries can cause chronic pain and mobility issues.
  • Internal injuries: Damage to internal organs, including the lungs, liver, or spleen, can be life-threatening and may require emergency surgery.
  • Broken and fractured bones: Fractures in the ribs, arms, legs, or pelvis can take months to heal and may require multiple surgeries.
  • Burns: If a vehicle catches fire after an accident, victims may suffer from serious burns requiring skin grafts and extended medical treatment.
  • Facial injuries and disfigurement: Broken jaws, dental injuries, and deep lacerations can lead to permanent scarring and reconstructive surgery.
  • Limb loss and amputations: Severe crashes can lead to traumatic amputations, permanently altering a person’s mobility and independence.

Beyond the immediate pain and suffering, many victims of distracted driving crashes face long-term physical, emotional, and financial hardships. Extensive medical treatment, rehabilitation, and lost wages can place a heavy burden on accident survivors and their families. 

If you or a loved one has suffered any of these injuries due to a texting driver, seeking legal representation is crucial to recovering the compensation needed for medical care, lost income, and future rehabilitation. 

Legal Basis for Suing a Texting Driver

Texting and Driving Accidents

If you were injured in a crash caused by a texting driver, you may have the right to seek compensation. Under Texas law, drivers who engage in distracted driving — including texting behind the wheel — can be held legally responsible for the harm they cause.

However, to win a personal injury claim, you must establish that the driver was negligent.

How Texas Law Defines Negligence in Texting and Driving Cases

To hold a texting driver accountable, your case must prove the following elements of negligence:

  • Duty of Care: All drivers have a legal obligation to operate their vehicles safely and follow traffic laws.
  • Breach of Duty: Texting while driving is a violation of Texas’ distracted driving laws and is considered a failure to uphold this duty.
  • Causation: You must prove that the driver’s texting directly caused the accident and your injuries.
  • Damages: You suffered physical injuries, financial losses, or emotional distress as a result of the crash.

Texas Distracted Driving Laws and Liability

Texas has strict laws against texting while driving:

  • Statewide Ban on Texting While Driving: As of September 2017, it is illegal to send, read, or write electronic messages while operating a motor vehicle in Texas.
  • Hands-Free Restrictions: In certain areas, including school zones and for drivers under 18, additional hands-free restrictions apply.
  • Negligence Per Se: If a driver violates Texas’ texting and driving laws and causes an accident, they may be considered negligent per se, meaning they are automatically presumed to be at fault.

Comparative Fault in Texas Car Accidents

Texas follows a modified comparative negligence rule, which means:

  • If you are found less than 51% at fault, you can still recover compensation, but your damages will be reduced based on your percentage of fault.
  • If you are 51% or more at fault, you cannot recover compensation.

For example, if you were speeding but the other driver was texting, a court may find you 20% at fault and reduce your compensation accordingly. This is why strong legal representation is essential — to minimize any claim that you share responsibility and maximize your financial recovery.

If you’ve been injured by a texting driver, an experienced Dallas car accident attorney can help you gather the necessary evidence, prove liability, and fight for the compensation you deserve.

Proof in a Distracted Driving Case

Proving that another driver was texting at the time of a crash can be challenging, as many drivers will deny they were distracted. However, an experienced personal injury attorney can gather compelling evidence to establish liability and hold the at-fault driver accountable.

Key Evidence in a Distracted Driving Case

To demonstrate that the other driver was texting, your attorney may use the following types of evidence:

  • Cell Phone Records: Subpoenaing the at-fault driver’s phone records can show whether they were sending or receiving texts at the time of the accident.
  • Bystander and Eyewitness Testimony: Witnesses who saw the driver using their phone before the crash can provide valuable statements.
  • Dashcam and Traffic Camera Footage: Video evidence from dashcams, nearby security cameras, or intersection cameras may capture the driver looking at their phone.
  • Police Reports: If law enforcement determined that texting was a factor, the police report might include citations for distracted driving or officer observations.
  • Accident Reconstruction Experts: Specialists can analyze the crash scene, vehicle movements, and reaction times to determine whether distraction played a role.
  • Vehicle Data and Black Box Evidence: Many modern vehicles store electronic data, which may show sudden braking or lack of corrective action before impact, supporting the claim of distracted driving. 

Texting and driving cases can sometimes be difficult to prove, as it may end up being your word against the word of the other driver. However, with the right representation, your attorney will do the hard work to secure a fair settlement from the other driver’s insurance company, including litigating the case in court if necessary.

Steps to Take After a Distracted Driving Crash

After a car accident caused by a texting driver, the steps you take in the moments, hours, and days following the crash can significantly impact your ability to recover compensation.

Protect your health and legal rights by following these critical steps:

Immediately After the Crash

  • Call 911: Report the accident and request emergency medical assistance if needed. A police report documenting the scene is crucial for your case.
  • Seek Medical Attention: Even if you feel fine, some injuries — such as traumatic brain injuries — may not be immediately apparent. A medical record helps prove your injuries.
  • Take Photos & Videos: Document vehicle damage, license plates, road conditions, traffic signals, and any visible injuries.
  • Get Witness Information: Collect names and contact details of bystanders who saw the crash or noticed the other driver using their phone.
  • Note the Other Driver’s Behavior: If you see the other driver using their phone or acting distracted, record your observations and report them to the police.

In the Hours and Days Following the Crash

  • Request a Copy of the Police Report: This document may include the officer’s assessment and any citations for distracted driving.
  • Preserve Evidence: Keep all medical records, repair estimates, and communication with insurance companies.
  • Avoid Discussing the Accident on Social Media: Anything you post can be used against you by the at-fault driver’s insurance company.
  • Consult a Personal Injury Attorney: An experienced lawyer can investigate the case, secure evidence, and negotiate with insurance companies on your behalf.

Why Early Legal Action is Critical

The sooner you contact an attorney, the stronger your case will be. A lawyer can help:

  • Obtain cell phone records before they are deleted.
  • Gather surveillance footage before it is overwritten.
  • Secure expert testimony to prove the other driver’s distraction caused the crash.

By taking these steps, you improve your chances of securing full compensation for medical bills, lost wages, and pain and suffering. If you or a loved one has been injured in a distracted driving accident, don’t wait—reach out to a Dallas car accident attorney as soon as possible.

Talk with a Dallas-Fort Worth Distracted Driving Accident Lawyer

Time is limited to take legal action after a distracted driving accident. In Texas, you generally have two years from the date of the crash to file a personal injury lawsuit. However, waiting too long can make it harder to gather key evidence — such as phone records and surveillance footage — that could prove the other driver was texting.

At Clark Law Group, we are committed to holding distracted drivers accountable and securing the compensation you deserve. Our experienced attorneys have successfully handled numerous texting and driving accident claims, helping victims recover damages for medical bills, lost wages, pain and suffering, and more.

Don’t Wait—Call Us Today

Clark Law Group offers comprehensive legal representation for those who have suffered from severe injuries and wrongful death in distracted driving accidents. Start your case with a confidential consultation with a Dallas, TX car crash attorney where you can explore your options and learn more about how we can help. Call us today at 469-906-2266. 

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