Every year, nearly one in five crashes on Texas roads happen because a driver wasn't paying attention. In 2024 alone, these crashes killed 373 people and seriously injured 2,587 more. If your driver was engaged in one of the common examples of distracted driving before the crash, you need to know your rights and what steps to take.
What Is Distracted Driving?
Distracted driving means doing anything that takes your attention away from driving. There are three main types of distractions:
- Manual Distractions: Taking your hands off the wheel
- Visual Distractions: Taking your eyes off the road
- Cognitive Distractions: Taking your mind off driving
Some activities, like texting, are especially dangerous because they involve all three types of distractions at once.
Common Examples of Distracted Driving in Texas
Here are the most common distractions you'll see on Texas roads:
- Texting or Using a Smartphone: Reading texts, checking social media, or browsing the internet
- Talking on the Phone: Even hands-free conversations
- Eating or Drinking: Unwrapping food, holding drinks, or cleaning spills
- Using Navigation Systems: Typing addresses or adjusting routes
- Adjusting Vehicle Controls: Changing the radio, temperature, or mirrors
- Interacting With Passengers: Facing them, talking to them, or helping children
- Personal Grooming: Applying makeup or combing hair
- Daydreaming: Mentally drifting from driving
- Reaching for Objects: Picking items up from the floor or back seat
Each of these examples of distracted driving can lead to serious car accidents.
Texas Distracted Driving Laws
Since September 1, 2017, it has been illegal in Texas to read, write, or send electronic messages while driving. This statewide law makes texting while driving illegal, with fines up to $200 for violations. While the law allows using phones for navigation or hands-free calls, it prohibits texting and social media use while your vehicle is moving.
Texas has additional restrictions for certain drivers and areas: drivers under 18 cannot use any wireless devices while driving, school bus operators cannot use cell phones when children are present, and all drivers are banned from using handheld devices in school zones.
The ban also extends to any activity that takes your attention from driving that can be considered distracted driving or that may result in a citation if it causes unsafe operation of your vehicle.
Why Distracted Driving Is So Dangerous
When drivers don't give their full attention to the road, they react much slower to dangers ahead, miss important road signs and signals, drift out of their lanes more often, don't keep safe distances from other cars, and they may speed up or slow down without realizing it.
Many drivers think they can multitask while driving, but it’s always safer to assume you can’t.
What to Do After Being Hit by a Distracted Driver
Those who have been hit by distracted drivers in Houston, Texas, can do the following:
- Call 911 to report the accident and ask for medical help if needed
- Get medical care, even for seemingly minor injuries
- Take photos of the scene, including the vehicles, damage, the accident location, road conditions, and any visible injuries, and note the weather and time of day
- Find witnesses and get their contact information
- Get the other driver’s name, phone number, license plate number, and insurance details
- Report the accident to your insurance company, but stick to the facts
- Keep track of your injuries, recovery, and how the injuries affect your daily life
- Talk to a Houston car accident lawyer
Taking these steps ensures you protect your rights and helps you get fair compensation.
How to Prove the Other Driver Was Distracted
Showing that the other driver was distracted can be challenging, but the following evidence helps:
- Phone records that determine use during the crash
- Witness statements from people who saw what happened
- Video footage from traffic cameras, dashcams, or nearby businesses
- Police reports (including the officer’s observation or any citations given for distracted driving)
- Social media posts where the driver might have admitted to being distracted
- Accident reconstruction that proves patterns of distraction
An experienced car accident attorney can direct you on where to get started.
Why Legal Help Matters After a Distracted Driving Accident
Insurance companies often try to pay as little as possible for claims. A Houston car accident lawyer can:
- Investigate the accident to prove that one of the examples of distracted driving occurred
- Communicate with insurance companies so you don't say anything damaging
- Calculate full compensation, including future medical needs
- Build a strong case using evidence, expert testimony, and knowledge of Texas traffic laws
- Negotiate for a fair settlement
- Take your case to court if needed
Without legal help, many injured people accept settlements that don't cover all their losses.
FAQ
How Long Do I Have to File a Claim After Being Hit by a Distracted Driver?
In Texas, you have two years from the date of the accident to file a personal injury lawsuit. It's best to start the process much sooner, while the evidence is fresh.
Can I Still Get Compensation if I Was Partly at Fault?
Yes. Texas follows a modified comparative negligence rule. As long as you were less than 51% responsible for the accident, you can still recover damages. Compensation then gets reduced by your percentage of fault.
Will My Insurance Rates Go Up if I File a Claim After Being Hit by a Distracted Driver?
If you weren't at fault, your rates typically shouldn't increase. However, policies vary by company, so check with your insurance provider.
Get Help After a Collision Caused by a Distracted Driver
If you've been injured by a distracted driver in Houston, Ramsey Law Group can help. Our team has successfully represented many victims of distracted driving accidents throughout Texas. Contact our office today for a free consultation with a Houston car accident lawyer.