Every time a driver looks away from the road to read a text or adjust a navigation system, they increase the risk of causing a serious crash. Distracted driving remains one of the leading causes of motor vehicle accidents in Texas.
According to the Texas Department of Transportation, nearly one in five crashes in Texas involve driver distraction, affecting drivers, passengers, pedestrians and cyclists.
If you were injured in a distracted driving accident, understanding how these crashes happen and how fault is proven can help you protect your legal rights and any potential personal injury claim.
What Is Distracted Driving?
Distracted driving is any activity that takes a driver's attention away from safely operating a vehicle. While cell phones receive the most attention, distractions can take many forms. The National Highway Traffic Safety Administration identifies three primary types of distraction:
- Visual distractions – taking your eyes off the road
- Manual distractions – taking your hands off the steering wheel
- Cognitive distractions – taking your mind off driving
Some activities involve all three at the same time. For example, texting while driving requires a driver to look away from the road, remove a hand from the wheel and focus on the message instead of surrounding traffic.
Common Causes of Distracted Driving Accidents
Although texting is one of the most dangerous distractions, many other behaviors can contribute to a crash. Common examples include:
- Texting or using a cell phone
- Entering directions into a GPS
- Adjusting music or vehicle controls
- Eating or drinking
- Reaching for objects inside the vehicle
- Talking with passengers
- Grooming while driving
- Watching activity outside the vehicle
Any activity that diverts attention from driving can reduce a driver's ability to react to changing traffic conditions.
Why Looking Away for Just a Few Seconds Matters
Many distracted driving accidents happen because drivers believe they only need to glance away briefly. However, according to the National Highway Traffic Safety Administration, sending or reading a text typically takes a driver's eyes off the road for about five seconds.
At highway speeds, that is enough time to travel the length of a football field without looking at traffic ahead. During those few seconds, traffic can slow unexpectedly, pedestrians can enter crosswalks or another vehicle can change lanes without warning.
Texas Laws on Distracted Driving
Texas law generally prohibits drivers from reading, writing or sending electronic messages while operating a motor vehicle. More restrictions may apply in school zones or for certain drivers, depending on the circumstances.
Even when a specific action does not violate a traffic law, distracted driving can still be considered evidence of negligence if it contributes to a collision.
Common Injuries After a Distracted Driving Crash
Distracted driving accidents often occur with little or no braking because drivers fail to recognize danger until it is too late. As a result, these crashes can cause serious injuries, including:
- Whiplash
- Broken bones
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal injuries
- Permanent disabilities
Some injuries may not become apparent immediately after a collision, so seeking medical evaluation as soon as possible after an accident is important.
How Is Fault Proven in a Distracted Driving Accident?
Proving that another driver was distracted often requires more than showing that an accident occurred. Depending on the circumstances, investigators may review:
- Police reports
- Witness statements
- Surveillance footage
- Dash camera recordings
- Cell phone records
- Vehicle event data
- Photographs from the accident scene
Some evidence, such as surveillance footage, dash camera recordings and electronic data, may become more difficult to obtain as time passes. Speaking with a personal injury attorney soon after an accident may help preserve this information before it is no longer available.
What Compensation May Be Available?
If another driver's negligence caused your injuries, you may be able to recover compensation for damages such as:
- Medical expenses
- Future medical treatment
- Lost income
- Reduced earning capacity
- Pain and suffering
- Property damage
Every claim depends on the specific facts surrounding the collision, the available evidence and the extent of the injuries.
Frequently Asked Questions About Distracted Driving
Is texting while driving illegal in Texas?
Yes. Texas law generally prohibits drivers from reading, writing or sending electronic messages while operating a motor vehicle, although certain exceptions apply.
How can distracted driving be proven?
Investigators may rely on witness statements, surveillance footage, dash camera recordings, cell phone records, police reports and other available evidence to determine whether distraction contributed to a collision.
Can phone records be used after a car accident?
Depending on the circumstances and applicable legal procedures, phone records can become relevant evidence in determining whether a driver was using a mobile device before a crash.
What if the other driver denies being distracted?
A driver does not have to admit to being distracted for investigators to evaluate other available evidence. Video footage, witness statements and electronic data can help establish what happened.
Can I recover compensation if I was partially at fault?
Possibly. Texas follows a modified comparative responsibility system, meaning your ability to recover compensation depends on the facts of your case and your percentage of responsibility.
Speak With a Texas Car Accident Lawyer
Distracted driving accidents often happen without warning and can cause life-changing injuries. Understanding your rights early after a collision can help you make informed decisions about your recovery and any potential legal claim.
The Carlson Law Firm has represented injured Texans throughout the state for 50 years. If you were injured in a distracted driving accident, speaking with a personal injury attorney can help you understand your legal options and determine whether you may have a claim.
