In the few seconds it takes to read or send a text message, a distracted driver can cause a devastating car accident. Texting while driving is illegal in Texas, but that does not stop motorists across the state from engaging in this risky behavior. If you were hurt by a texting driver, you have the right to hold them accountable for the harm you suffered, as long as you can prove that their negligence led to your car accident.
A McAllen, Texas car accident lawyer can subpoena these records, enlist the help of experts, and gather all evidence related to your crash to help build a compelling case.
Texas Laws Prohibiting Texting While Driving
Since 2017, Texas law has prohibited all drivers from reading, writing, or sending electronic messages while operating a motor vehicle. This ban applies whether you are driving down the highway or stopped at a red light—if you’re behind the wheel, your hands should be off your phone.
The law does include some limited exceptions. You can use your phone to call 911 during emergencies or operate hands-free devices that are voice-activated or built into your dashboard. You are also allowed to adjust music or GPS settings, but only if you do not need to read text or type while driving.
If you are under the age of 18, you cannot use a cell phone or hands-free device at all while driving. New drivers with learner’s permits are also banned from cell phone use during their first six months behind the wheel.
How to Prove That the Other Driver Was Using Their Phone
Texas operates under a fault-based system for car accidents, which means you must prove the other driver’s negligence caused your accident to recover compensation. If you were hit by a driver who was texting and driving, you have the right to hold them accountable. However, you will need to prove that they were using their phone at the time of the crash.
Several types of evidence can demonstrate that the other driver was texting:
- Cell phone records can show text messages, calls, or app usage around the accident time.
- Traffic cameras, dashcam footage, and witness testimony can capture a driver looking down at their phone or holding a device.
- Police reports may note if officers observed phone use or if the at-fault driver admitted to texting.
- Accident reconstruction experts can analyze the crash scene and determine whether the other driver’s reaction time, braking patterns, or vehicle position indicates distracted driving behavior.
Damages Available in Texting and Driving Cases
When another driver’s phone use causes your accident, Texas law allows you to seek compensation for the full scope of your losses. Available damages in these cases include:
- Medical expenses for emergency treatment, surgeries, rehabilitation, and ongoing care
- Lost wages if your injuries prevent you from working
- Reduced earning capacity if your injuries affect your long-term career prospects
- Property damage for vehicle repairs or replacement
- Physical and emotional pain and suffering
Contact Our Texas Distracted Driving Accident Attorney Today
If another driver’s phone use caused your car accident, Texas law allows you to pursue legal action against them. De La Garza Law Firm can help you build a strong case for compensation, leveraging cell phone records, witness testimony, and accident reconstruction analysis to prove negligence. Contact us at (956) 586-5617 to schedule a free, confidential consultation about your distracted driving accident claim.
