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Being injured because another driver was more focused on their phone than the road can leave you angry, confused, and struggling with medical bills. Distracted driving - especially phone use behind the wheel - isn’t just irresponsible; it’s legally recognized as negligence in most states.
If you suspect the other driver was texting or scrolling at the time of your crash, you may have a strong personal injury claim.
Why Distracted Driving Counts as Negligence
Distracted driving occurs anytime a motorist’s attention shifts from driving to another activity, such as:. See also: the duty of care Texas property owners owe.
- Texting or checking notifications
- Browsing social media or video calling
- Typing an address into GPS or streaming music
In legal terms, this is negligence - a failure to exercise reasonable care. Under Texas Transportation Code §545.4251, drivers are prohibited from reading, writing, or sending electronic messages while operating a vehicle. Violating this statute can serve as strong evidence of negligence in a civil lawsuit. Learn more about types and examples of negligent security.
Texas courts have consistently found that using a phone behind the wheel breaches a driver’s duty of care - meaning an injured party can recover compensation even if the at‑fault driver wasn’t criminally cited. Learn more about whether to call insurance or a lawyer first after a wreck.
Example: A Texas driver who causes a crash while texting may be held liable if evidence (such as phone records or witness testimony) shows their distraction led to delayed reactions, unsafe lane changes, or a rear‑end collision.
Does It Matter If the Police Didn’t Ticket the Driver?
Not necessarily. A lack of citation does not eliminate your right to file a claim. Police officers may not witness the distraction firsthand, and a citation is just one piece of evidence.
In civil court, the burden of proof is lower - you only need a “preponderance of the evidence” to show fault. That means as long as it’s more likely than not that the driver’s distraction caused the crash, you can recover compensation.
Even without a ticket, phone records, witness statements, and digital data can establish negligence and win your case.
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Key Evidence That Proves Distracted Driving
| Evidence Type | Description | Use in Court |
| Cell phone records | Calls or texts near the time of collision | Prove distraction at impact |
| Vehicle data | Speed, braking, steering logs | Show delayed reaction or erratic driving |
| Witness testimony | Observed driver holding phone | Supports evidence of inattention |
| Surveillance/video | Captures driver’s actions before crash | Provides visual proof |
| Accident reconstruction | Expert analysis of behavior patterns | Links distraction to collision mechanics |
Your attorney can subpoena phone records or recover telematics and dashcam data to reconstruct what really happened.
What Damages Can You Recover From a Distracted Driver?
Victims of cellphone-related accidents may claim compensation for:
- Medical expenses (hospitalization, therapy, future care)
- Lost income and reduced earning capacity
- Pain and suffering, including mental distress
- Property damage to your vehicle or belongings
- Punitive damages (where allowed), especially if the driver’s conduct was extreme - such as texting at highway speeds.
For example, under Texas Law, courts may award punitive damages when a driver “willfully disregards the safety of others.”
Why Insurers Downplay Phone Use - and How Lawyers Expose It
Insurance companies often argue “no citation, no proof.” However, experienced distracted driving accident lawyers know how to uncover critical evidence.
Attorneys can:
- Subpoena phone carrier records for call and text logs
- Obtain social media or navigation app data
- Preserve vehicle black box evidence before it’s lost
- Use forensic experts to prove phone activity correlated with impact timing
Prompt legal action prevents spoliation of evidence - the loss or deletion of digital proof that could make or break your case.
Take Action Today
If the other driver was distracted by their phone, you may still have a strong case - even if they weren’t ticketed.
Contact a distracted driving accident lawyer to protect your rights, gather evidence before it disappears, and hold negligent drivers accountable.
👉 Schedule a free consultation to discuss your legal options and start building your claim today.
FAQ: Common Questions About Distracted Driving Claims
Can I still get compensation if both drivers were on their phones?
Yes, depending on state negligence laws. In comparative negligence states, your recovery may be reduced based on your share of fault - but you can still collect compensation.
Will the other driver’s phone records be available?
Yes. During discovery, your lawyer can request or subpoena phone records if they’re relevant to proving distraction.
How long do I have to file my claim?
The statute of limitations differs by state:2 years: TexasConsult your attorney as soon as possible to ensure your case is filed on time.
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Property owners can be held accountable. Free case evaluation.
