Houston Distracted Driving Accident Lawyer | Get Legal Help After a Serious Crash
Distracted driving is a leading cause of car accidents on Texas roads, especially in Houston’s busy traffic. When a driver takes their eyes, hands, or focus off the road, the results can be life-changing.
If you or a loved one has been injured by a distracted driver, a Houston distracted driving accident lawyer at Texas Lawyers 365 can help you pursue financial compensation for medical expenses, lost wages, and pain and suffering. Understanding your legal rights is the first step in holding the negligent party accountable.
What Is Distracted Driving?
Distracted driving is a leading cause of motor vehicle crashes in Houston and across Texas. It happens when a driver’s attention shifts from the road to another task, putting everyone at risk.
Three Types of Driver Distraction
There are three main types of distractions: visual, manual, and cognitive.
- Visual distractions take your eyes off the road. This includes looking at a phone, a GPS screen, or turning to check on a passenger.
- Manual distractions remove your hands from the steering wheel. Common examples are eating, adjusting the radio, or reaching for an item.
- Cognitive distractions affect your focus. A driver thinking about work, talking on the phone, or daydreaming is not fully alert.
Each type can lead to a serious distracted driving accident, especially on busy Texas roadways.
Common Causes of Distracted Driving Accidents
The most common cause is using a cell phone. This includes texting, browsing apps, or making calls without a hands-free device. Other causes include:
- Eating or drinking
- Talking to passengers
- Adjusting climate controls
- Looking at a GPS or map
- Changing music or podcasts
- Watching events outside the vehicle
Any of these can take a motorist’s attention away from safe driving.
Distracted Driving and Texas Law
Texas law prohibits texting while driving under Texas Transportation Code § 545.4251. Drivers are not allowed to read, write, or send electronic messages while behind the wheel. This law applies to all drivers, including commercial truck drivers and bus drivers.
Local authorities in Houston may enforce additional rules for drivers near schools or construction zones. Ignoring these laws may make a driver the negligent party in a car accident.
Who Is at Risk?
Anyone on the road can be affected. Distracted drivers often cause rear-end crashes, head-on collisions, or sideswipes. These incidents lead to severe injuries such as spinal cord injuries, broken bones, or traumatic brain injuries.
Pedestrians, cyclists, and motorcyclists are especially vulnerable. Truck accidents caused by distracted driving can be even more dangerous due to the size and weight of commercial vehicles.
Why This Matters
Every distracted driving accident can result in expensive medical bills, lost wages, and lasting pain. Victims often need a Houston car accident lawyer to hold the other driver accountable and file a personal injury claim. Understanding what causes distraction is the first step in preventing crashes and pursuing fair compensation after one occurs.
Texas Law on Distracted Driving
Texas law treats distracted driving as a serious traffic violation. Understanding the legal rules helps drivers avoid penalties and helps injured persons build stronger personal injury claims.
Statewide Ban on Texting While Driving
Under Texas law, drivers may not read, write, or send electronic messages while operating a motor vehicle. This includes texting, emailing, and using messaging apps.
The law applies to all drivers on Texas roads, including those in Houston. It is enforced by local authorities and state troopers. A violation can lead to fines and may be used as evidence in a personal injury lawsuit.
Additional Restrictions for Certain Drivers
Texas places stricter rules on some drivers. Those under 18 may not use any wireless communication device while driving. School bus drivers may not use cell phones while students are present.
Truck drivers and commercial vehicle operators must follow both state and federal rules. Using a handheld phone while driving a commercial truck may result in penalties and employer liability if a distracted driving accident occurs.
Local Ordinances in Houston
Some cities, including Houston, have added local ordinances that go beyond state laws. These may ban handheld phone use entirely or restrict phone use in school zones. Drivers should be aware of the specific rules that apply in the areas where they drive.
A Houston car accident lawyer will often use violations of these local ordinances to help prove negligence in injury claims.
Legal Consequences for Distracted Drivers
A driver who violates distracted driving laws may be held liable in a car accident. This can include:
- Paying for medical expenses
- Covering lost income
- Compensating for physical pain and suffering
- Defending against a wrongful death lawsuit in fatal crashes
Injured people have the right to file a personal injury claim or lawsuit to seek financial recovery. A police report and evidence of phone use can support these claims.
Why Legal Knowledge Matters
Knowing the law helps drivers make safer choices and helps injured victims hold distracted drivers accountable. An experienced Houston car accident attorney can review the case, explain Texas law, and fight for fair compensation after a distracted driving accident.
Liability: Who Is Responsible After a Distracted Driving Accident?
After a distracted driving accident in Houston, identifying the responsible party is key to filing a personal injury claim. Texas law allows injured people to seek compensation from those who caused the crash.
The Distracted Driver
The most common responsible party is the distracted driver. If a driver was texting, using a phone, eating, or adjusting a radio station, that behavior may be considered negligence under Texas law. A car accident lawyer can use phone records, police reports, and witness statements to prove distraction.
If the distracted driver broke the law, this can strengthen the injured person’s case for financial compensation.
Employers and Commercial Drivers
If the at-fault driver was working during the accident, the employer may also be held responsible. This often applies to truck drivers, delivery drivers, or bus drivers. In truck accidents, a law firm may examine company records to check for unsafe practices or poor training.
A truck accident lawyer can help gather evidence from the trucking company, including driver logs, GPS data, and phone use records.
Other Potentially Negligent Parties
In some cases, more than one party may share fault. A car manufacturer may be liable if a vehicle defect contributed to the crash. A construction company could share blame if unclear signs or road hazards distracted the driver.
A Houston car accident attorney will investigate all possible causes to identify every negligent party.
Shared Fault Under Texas Law
Texas uses a system called modified comparative negligence under Texas Civil Practice and Remedies Code § 33.001. This means a person can recover damages even if partially at fault, as long as they are less than 51 percent responsible.
If you are partly at fault, your compensation is reduced by your percentage of responsibility. For example, if you are 20 percent at fault, your final compensation is reduced by 20 percent.
Building a Strong Liability Case
To prove liability, your legal team must gather strong evidence. This can include:
- Police report
- Photos from the scene
- Phone records
- Medical records
- Witness statements
- Surveillance footage
A personal injury attorney can manage this process while the injured person focuses on medical care and recovery.
Why Liability Matters
Knowing who is responsible allows victims to file personal injury lawsuits or insurance claims. It helps cover medical bills, lost wages, and other damages. Holding the right party accountable is the first step toward financial recovery after a Houston distracted driving accident.
Types of Damages Recoverable After a Distracted Driving Accident
A distracted driving accident can cause serious physical, emotional, and financial harm. Texas law allows injured people to seek compensation for these losses through a personal injury claim or lawsuit.
Medical Expenses
Medical care is often the largest cost after a car accident. Victims may need emergency treatment, surgery, hospital stays, and long-term therapy. A personal injury attorney can help recover compensation for all medical bills, including:
- Ambulance fees
- Hospital care
- Physical therapy
- Prescription medications
- Future medical needs
These costs can be claimed from the insurance company or the negligent party.
Lost Wages and Lost Income
Many victims miss work after a driving accident. Lost income includes missed paychecks, reduced hours, or the inability to return to work at all. If the injury causes a long-term disability, a personal injury lawyer can pursue damages for loss of future earning capacity.
Financial recovery for lost wages helps cover basic needs while the injured person heals.
Pain and Suffering
Physical pain and emotional distress are common after motor vehicle crashes. These damages do not come with a bill, but they are real. A car accident lawyer can include pain and suffering in a personal injury lawsuit to reflect the daily impact of the injuries.
Texas courts allow this type of compensation in most injury claims.
Property Damage
In a distracted driving accident, the vehicle often suffers damage. Victims may recover the cost to repair or replace their car. This may also include damage to personal items inside the vehicle, such as phones or car seats.
Insurance claims usually cover these costs, but an attorney can help when insurance companies try to reduce or deny payment.
Wrongful Death Damages
If a distracted driver causes a fatal crash, surviving family members may file a wrongful death lawsuit. These damages can include:
- Funeral and burial costs
- Loss of future income
- Loss of companionship
- Mental pain suffered by the family
Texas law gives families the right to seek justice and financial support after the loss of a loved one.
Total Financial Compensation
The goal of a personal injury case is to make the injured person whole. A Houston car accident attorney will work to recover maximum compensation for all losses. This includes both current expenses and future needs.
Why Choose Texas Lawyers 365?
After a distracted driving accident, choosing the right legal team can make a major difference. Texas Lawyers 365 offers strong legal representation backed by experience, focus, and results.
Experience with Distracted Driving Cases
Our Houston car accident lawyers understand the laws that apply to distracted driving. We have handled cases involving texting drivers, commercial truck drivers, and multi-vehicle crashes on Texas roadways. We know what evidence is needed to hold distracted drivers accountable and how to build a strong personal injury claim.
Our team reviews phone records, police reports, and witness statements to prove fault and support fair compensation.
Focused on Personal Injury Law
We focus on personal injury cases, including car accidents, truck accidents, and wrongful death claims. This gives us the knowledge needed to deal with insurance companies, fight denied claims, and demand full compensation for serious injuries.
Whether the case involves spinal cord injuries, lost income, or expensive medical bills, we push for the maximum amount allowed under Texas law.
No Upfront Fees
We work on a contingency fee basis. That means you do not pay unless we recover compensation for you. We also offer a free initial consultation to review your case and explain your options clearly.
This makes it easier for injured people to get legal help without worrying about cost.
Committed to Clear Communication
Our clients receive updates and answers without delay. We explain the legal process in plain language and provide honest guidance at each step. You will always know where your personal injury case stands.
We make sure accident victims understand what to expect, what we need from them, and what comes next.
Proven Results for Houston Clients
Texas Lawyers 365 has helped many clients across Houston recover financial compensation after distracted driving accidents. From minor car accidents to life-changing injuries, our attorneys know how to fight for justice.
Frequently Asked Questions About Distracted Driving Accidents in Houston
What should I do after a distracted driving accident in Houston?
After a distracted driving accident in Houston, you should seek medical attention immediately, call the police to file a report, gather evidence at the scene if possible, and contact a Houston car accident lawyer. These steps help protect your health and your right to file a personal injury claim for financial compensation. Do not admit fault, and avoid discussing insurance details with the other driver.
Can I sue a distracted driver for causing my car accident in Texas?
Yes, you can sue a distracted driver in Texas if their negligence caused your injuries. Under Texas law, if a driver was texting, using a phone without a hands-free device, or otherwise distracted, they may be held liable in a personal injury lawsuit. A Houston car accident attorney can help you recover compensation for medical expenses, lost wages, and physical pain resulting from the crash.
How do I prove the other driver was distracted during the accident?
To prove the other driver was distracted during the accident, your car accident lawyer may use phone records, traffic camera footage, eyewitness statements, and the police report. Evidence showing the driver was texting, adjusting a radio station, or not watching the road can help establish fault. Proving driver distraction is key to holding the negligent party accountable in your injury claim.
What damages can I recover in a distracted driving accident claim?
You may recover damages for medical bills, lost income, property damage, pain and suffering, and future medical care after a distracted driving accident. If the crash caused a fatality, surviving family members may file a wrongful death lawsuit. A Houston personal injury attorney will pursue full financial recovery based on the severity of your injuries and the impact on your life.
How long do I have to file a personal injury claim after a distracted driving accident in Texas?
In Texas, you generally have two years from the date of the accident to file a personal injury claim, under Texas Civil Practice and Remedies Code Section 16.003. Failing to act within this deadline may prevent you from recovering compensation. Contacting a Houston car accident attorney as soon as possible helps protect your rights and allows your legal team to gather evidence while it is still fresh.
Contact an Experienced Houston Distracted Driving Accident Lawyer ASAP!
Take the first step now. Our team at Texas Lawyers 365 specializes in Houston distracted driving accident cases and knows how to hold the negligent driver accountable. We offer a free initial consultation and work on a contingency fee basis, so you owe us nothing unless we win your case.
Contact us at 800-800-8000 for a free claim review today!
