Distracted Driving Accidents and Your Legal Rights in Texas

The Short Answer…

A distracted driving accident happens when a driver takes their attention off the road and causes a crash. These accidents are often caused by cell phone use while driving, but distractions also include eating, adjusting the radio, or talking with passengers. The consequences of distracted driving are serious, as victims can face severe injuries, expensive medical bills, and lasting trauma.

At Braker White, we help West Texans hold negligent drivers accountable and pursue full compensation for their losses after distracted driving accidents. Read on to learn how you can protect your rights if you’ve been hit by a distracted driver in Texas.

Key Takeaways

• Distracted driving is dangerous: Even a few seconds of distraction can cause catastrophic accidents.
• Accidents cause real harm: Victims often suffer serious injuries and financial stress after distracted driving car accidents.
• Texas law is strict: Texas law prohibits texting while driving and restricts handheld phone use in many situations.
• Proving distraction is possible: Phone records, police reports, and witness testimony can establish liability.
• Legal help matters: A skilled distracted driving accident lawyer can help maximize your potential compensation and protect your rights.

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What Is Distracted Driving?

Distracted driving is any activity that diverts attention away from safe driving. Distractions are generally grouped into 3 categories:

• Visual distractions: Taking your eyes off the road to look at your phone, GPS, or something outside the vehicle.
• Manual distractions: Taking your hands off the wheel to eat, reach for objects, or adjust controls.
• Cognitive distractions: Taking your mind off driving to think about something other than driving, daydream, or engage in deep conversation with passengers.

When these behaviors happen behind the wheel, the risk of a crash increases significantly.

Common Causes of Distracted Driving Accidents

According to the Texas Department of Transportation, nearly 1 in 5 crashes on Texas roads last year involved a distracted driver, resulting in 373 fatalities and over 2,500 serious injuries.

While cell phone use while driving is one of the biggest culprits, many other actions can lead to distracted driving crashes in Texas, including:

• Texting and driving accidents: Reading or typing a message pulls your eyes, hands, and focus away from the road long enough to miss changing traffic conditions and cause a serious crash.
• Talking on the phone: Whether handheld or hands-free, phone conversations split your attention and slow your reaction time to sudden hazards.
• Eating or drinking: Consuming food or drinks while driving takes your hands and focus off the road, greatly increasing the risk of a crash.
• Adjusting controls: Changing the GPS, radio, or climate settings may seem harmless, but even a few seconds of distraction increases the risk of an accident.
• Passengers or pets: Interacting with others in the car can divert your attention from driving and lead to distracted driving wrecks.
• Personal care: Activities like applying makeup or fixing your hair demand visual and manual focus, leaving little attention for safe driving.

Injuries Caused By Distracted Drivers

Victims of distracted driving accidents can suffer a wide range of serious injuries, such as:

• Broken bones and fractures
• Traumatic brain injuries (TBIs)
• Spinal cord injuries leading to paralysis or mobility issues
• Internal bleeding and organ damage
• Emotional trauma and post-traumatic stress

These injuries often require extensive medical treatment and can have long-term effects on quality of life.

Texas Hands-Free Law

The Texas hands-free law is designed to reduce the dangers of distracted driving by limiting how drivers can use electronic devices on the road. Under this law, it is illegal to:

• Text while driving anywhere in Texas. Sending, reading, or writing a text message while operating a vehicle is prohibited.
• Use handheld devices in school zones. Drivers must put their phones away in active school areas to protect children and pedestrians.
• Allow drivers under 18 to use any handheld wireless devices. Teen drivers are banned from using handheld phones or other wireless devices, even outside of school zones.

Violating these rules can result in fines, license penalties, and increased insurance costs. More importantly, if a driver breaks this law and causes a crash, that violation can be powerful evidence of negligence in an injury claim.

Proving Liability in a Distracted Driving Accident

Holding a distracted driver accountable requires evidence. Common proof includes:

• Cell phone records showing texting or calls at the time of the crash
• Police citations for violating the Texas hands-free law
• Dashcam or surveillance footage
• Witness statements
• Accident reconstruction reports

A skilled distracted driving accident lawyer can gather and present this evidence effectively to strengthen your case.

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What Happens If a Distracted Driver Hits You?

Distracted drivers who cause accidents may face more than just civil liability. In Texas, the consequences can include:

• Traffic citations and fines for violating the hands-free law or related driving regulations.
• Increased insurance premiums or loss of coverage after being found at fault for a crash.
• Civil liability for medical expenses, property damage, lost wages, and pain and suffering owed to the victim.
• Criminal charges in severe cases, such as reckless driving or even vehicular manslaughter if the accident results in a death.

These consequences highlight how seriously Texas treats texting and driving accidents and other distraction-related crashes.

Damages Available in Distracted Driving Car Accidents

Beyond the physical harm, victims frequently face significant financial and personal losses, including:

• Costly medical bills and ongoing care expenses
• Lost wages or diminished earning ability
• Property damage to vehicles and belongings
• Pain and suffering from physical and emotional distress
• Reduced quality of life for victims and their families

A successful claim can help recover these damages and provide the resources needed to rebuild after the crash.

What to Do After a Distracted Driving Accident in Texas

If you’ve been hit by a distracted driver, here are the most important steps to take:

1. Call 911 and get medical attention immediately.
2. Report the accident to police and request an official report.
3. Document the scene with photos, videos, and witness contact information.
4. Avoid discussing fault with the other driver or on social media.
5. Contact an experienced lawyer to protect your rights and begin building your case.

How a Lawyer Can Help You After an Accident With a Distracted Driver

Recovering after a distracted driving accident can be overwhelming. Having a lawyer on your side can make all the difference. Here’s how our team at Braker White can help you:

• Investigating the crash: We gather evidence like phone records, police reports, and witness statements to prove the driver was distracted.
• Dealing with insurance companies: We handle negotiations directly with insurers who may try to minimize or deny your claim.
• Pursuing full compensation: From medical expenses and lost wages to pain and suffering, we fight for the financial recovery you need.
• Providing peace of mind: You can focus on healing while we manage the legal process.
• No upfront costs: We work on a contingency fee basis—you pay nothing unless we win for you.
• Free consultations: We offer no-obligation case reviews to help you understand your rights and next steps.

If you’ve been injured in a texting and driving crash or any type of distracted driving accident, Braker White is ready to fight for you.

Speak to a Distracted Driving Accident Attorney for Free

At Braker White, we stand with victims of distracted driving wrecks in Odessa, Midland, and across West Texas. We offer free, no-obligation consultations so you can learn your legal options right away and you’ll never pay upfront fees.

If you or someone you love has been injured in a distracted driving accident, taking action quickly can make a major difference in your case. The sooner you reach out, the sooner we can start building a strong claim on your behalf.

Contact Braker White today and let our team fight for the justice you deserve.