When distracted drivers cause car crashes, the injuries are often very severe, and victims should be entitled to sue. However, these cases are often more complex than you might think.
Distracted driving has become one of the leading causes of traffic fatalities and serious injuries in Texas. The Texas Department of Transportation reports thousands of distraction-related crashes every year across the state — with Austin, as one of Texas’s largest and fastest-growing cities, seeing a disproportionate share of these incidents. From the congested I-35 corridor to South Congress, Lamar Boulevard, and the MoPac Expressway, distracted driver accidents are a daily reality for Austin commuters.
To win a personal injury lawsuit against a distracted driver in Texas, you must prove: (1) the driver owed you a duty of care, (2) they breached that duty by driving distracted, (3) their breach caused your accident, and (4) you suffered damages as a result. This is the standard negligence framework, and distracted driving cases are often strong because the breach is so clear — especially when phone records, witness testimony, or dashcam footage captures the distraction.
Proving distraction requires evidence. Your attorney can subpoena the at-fault driver’s cell phone records to show they were texting or calling at the moment of impact. Traffic cameras, dashcam footage, and eyewitness accounts are also powerful. If the driver was using a company phone or driving for work, their employer may also be liable under respondeat superior — dramatically increasing the pool of available compensation.
Texas follows a modified comparative fault system, meaning even if you’re found partially at fault (say, for speeding), you can still recover as long as you’re 50% or less responsible. Insurance defense attorneys will often try to shift blame to you to reduce the payout — having an aggressive attorney pushing back on those tactics is critical.
Cap City Injury Attorneys has experience gathering digital evidence, working with accident reconstruction experts, and standing up to insurance company blame-shifting to hold distracted drivers fully accountable under Texas law.
Austin Distracted Driving Scenario: What Happens After a Phone-Related Crash
A cyclist was struck at the intersection of Cesar Chavez Street and South Lamar Boulevard in Austin when a driver ran a stop sign while scrolling Instagram. The cyclist suffered a broken collarbone, three broken ribs, and a concussion. When police arrived, witnesses told them the driver had been looking at her phone — but the driver denied it.
Cap City Injury Attorneys filed a preservation letter with the driver’s cell carrier within 24 hours of being hired, requiring them to preserve phone records. When cell tower data showed the driver’s phone was actively sending data at the exact time of the crash, the denial collapsed. The case settled for $215,000. In Austin’s dense urban grid — where cyclists, pedestrians, and drivers share tight corridors — phone records and surveillance footage from nearby businesses are the two most valuable pieces of evidence in any distracted driving case. Acting fast to preserve both is critical.
Can You Get Punitive Damages Against a Distracted Driver in Texas?
In some cases, yes. Texas allows exemplary (punitive) damages when the defendant’s conduct was grossly negligent — meaning they knew the conduct was dangerous and proceeded anyway. A driver who was texting, had prior distracted driving violations, or was streaming video while driving at highway speed may meet this threshold. Punitive damages are capped under Tex. Civ. Prac. & Rem. Code §41.008 but can significantly increase the total recovery.
What If the Distracted Driver Claims You Caused the Accident?
Distracted drivers and their insurers frequently shift blame to the other party. Texas’s comparative negligence rule means both parties can share fault — but as long as you are less than 51% responsible, you can still recover. Cell phone records, witness statements, dashcam footage, and crash reconstruction experts help establish the true sequence of events. Don’t assume the insurer’s version of fault is accurate.
For a free case review, call the Texas car accident lawyers at Cap City Injury Attorneys today at (512) 612-3110.
How to File a Distracted Driving Accident Claim
The following are the steps and stages of a personal injury case for a distracted driving accident:
- Get medical care
- Collect evidence and records to prove what happened and what damages you suffered
- Call a lawyer to get legal advice
- Your lawyer files an insurance claim and negotiates for a settlement
- If a fair settlement cannot be reached, your lawyer files the claim in court
- The judge deals with motions and evidence questions
- Additional evidence is exchanged in discovery
- If settlement cannot be reached, the case goes to trial before a jury.
What to Do After a Distracted Driving Accident in Texas
After an accident, make sure to take the following steps:
- Call 911 to report the accident and call for an ambulance.
- Get medical attention and follow the doctor’s recommendations for treatment.
- If you can, collect evidence at the scene, such as the other driver’s contact info, witness contact info, the make/model/license plate numbers of each car, and notes about weather, lighting, and road conditions.
- Call a lawyer to help collect evidence and negotiate with insurance.
- File an insurance claim with the help of your lawyer.
- If the case cannot be settled, file a lawsuit to recover damages.
Elements of a Distracted Driving Lawsuit
Most distracted driving accident claims are based on “negligence.” This legal framework has four elements the victim needs to prove:
- Duty – The driver owed you a legal duty.
- Breach – The driver breached that duty through their distracted driving.
- Causation – That breach caused the accident.
- Damages – You suffered damages from the accident.
If you cannot prove any of these elements, you cannot win your case.
However, you can point to other violations if you cannot prove distracted driving. For example, if they hit you after running a red light (potentially because they were texting), the fact that they ran a red light is sufficient to prove a breach of duty.
Is Texting While Driving Illegal in Texas?
One of the biggest causes of distracted driving is cellphone use while driving – especially texting while driving. Texting while driving is illegal in most cases in Texas, though there are some exceptions for emergencies and for hands-free texting.
Proving Texting While Driving
You usually need evidence that a driver actually had their cell phone in their hand to claim they were texting and driving. This can be based on your own testimony.
Problems
However, the current texting while driving law does also allow drivers to touch their cell phone for some legal reasons, such as activating GPS/navigation or playing music. This makes it hard to prove that, when the driver was touching their phone, they were breaking the law.
Negligence
Even if what the driver was doing was technically legal under the texting while driving statute, if we can show that it was still unreasonable given the circumstances, it can still be grounds to sue them.
Do You Need Phone Records to Prove Texting While Driving?
To prove that someone was texting while driving, you would usually need evidence that they were actually handling their phone. Phone records alone might not be enough.
Problems with Phone Records
If you have evidence that someone sent a text at or around the time of the accident, this should prove they had their eyes and hands on their phone instead of driving, right? Not necessarily.
The following complications make phone records weak evidence, even if an outbound text aligns with the time of the crash:
- Hands-free and voice-operated texting is legal in most cases.
- Some emergency situations allow texting while driving, even without a hands-free device.
- Someone else in the car might have typed and sent the text.
- The text might not appear on phone records if it was sent through iMessage, WhatsApp, or other internet-based messaging services (as opposed to SMS).
Additional Evidence Needed
The following evidence can be helpful – on top of phone or messaging records – to help prove the defendant was texting while driving:
- You or another witness actually saw the driver with their phone in their hand, looking down.
- The victim admitted to texting while driving, either out loud or in their text logs.
- The defendant was caught on video texting while driving.
FAQs for Distracted Driving Accidents in Texas
Q: How do I prove the other driver was texting at the time of my accident in Texas? A: Your attorney can subpoena the driver’s cell phone records to show active use at the time of the crash. Eyewitness testimony, traffic camera footage, and the driver’s own admissions are also powerful forms of evidence.
Q: Is texting while driving illegal in Texas? A: Yes. Texas Transportation Code § 545.4251 bans reading, writing, or sending electronic messages while driving statewide. Austin and many Texas cities also have hands-free ordinances that go further.
Q: Can I sue for distracted driving injuries even if the other driver wasn’t ticketed? A: Yes. A traffic ticket (or the absence of one) is not required to prove civil liability. Civil cases use a “preponderance of evidence” standard — you just need to show it’s more likely than not that the driver was negligent.
Q: What if the distracted driver was working at the time of the accident? A: If they were on duty or using their employer’s phone, their employer may share liability under respondeat superior or negligent entrustment, potentially providing access to much larger insurance coverage.
Q: Can dashcam footage be used against a distracted driver in a Texas lawsuit? A: Absolutely. Dashcam footage is among the most compelling evidence available. Your attorney will work to preserve any footage from your vehicle, nearby businesses, or traffic cameras.
Q: What damages can I recover from a distracted driver in Texas? A: You may recover medical expenses, lost wages, future medical costs, pain and suffering, emotional distress, and loss of enjoyment of life. In cases of egregious conduct, punitive damages may also be available.
Q: Does Texas have a specific distracted driving law for commercial truck drivers? A: Yes. Federal Motor Carrier Safety Administration (FMCSA) regulations prohibit commercial drivers from using handheld mobile devices while driving — a stricter standard than for regular drivers.
Q: How long do I have to file a lawsuit against a distracted driver in Texas? A: You generally have two years from the date of the accident under Texas’s personal injury statute of limitations. Do not wait — evidence like phone records and surveillance footage can disappear.
Call Our Texas Car Accident Lawyers Today
For a free review of your potential case, reach out to the Austin, TX car accident lawyers at Cap City Injury Attorneys at (512) 612-3110.
Matthew Mandelker is the Founder, CEO, and Managing Attorney of Cap City Injury Attorneys, bringing over 15 years of personal injury law experience in Texas to every case he handles. A graduate of St. Mary’s University School of Law, Matthew has served as a partner, sole practitioner, and associate at some of the largest personal injury firms in Texas, giving him a unique perspective on what great legal representation looks like. He founded Cap City Injury Attorneys to combine the sophistication of a major firm with the personalized service of a boutique practice, ensuring every client receives direct attorney access, honest communication, and relentless advocacy. When he is not fighting for his clients, Matthew can be found on Lake Travis or spending time with his 10-year-old twins, and that same dedication to family is the foundation of everything he does at the firm.