Phone Use Such As Texting, Eating and Drinking, Passenger Interaction and Inattention All Lead to Serious Accidents
Hit by a Distracted Driver in Houston? Proving It Requires the Right Evidence Before It Disappears.
Distracted driving is a leading cause of car accidents in Houston and one of the hardest types of negligence to prove after the fact. Phone records, surveillance footage, and electronic data are the evidence that establishes what the driver was doing at the moment of impact, and that evidence needs to be preserved quickly. Settlement values in distracted driving cases may range from a few thousand dollars to well over $500,000 depending on injury severity, available coverage, and the strength of the distraction evidence. No two cases are alike. Adley Law Firm represents people injured by distracted drivers throughout Houston and Harris County. Call (713) 999-8669 for a free consultation.
What Counts as Distracted Driving in Texas
Types of Distraction and Texas Law
Texas Transportation Code Section 545.4251 prohibits reading, writing, or sending electronic messages while operating a motor vehicle. A violation of this statute by the at-fault driver is evidence of negligence per se, meaning the violation itself establishes a breach of the standard of care without requiring further proof that the behavior was unreasonable.
Phone use is the most documented form of distraction but is not the only one. Federal highway safety research identifies three categories of driver distraction: visual distraction, taking the eyes off the road; manual distraction, taking a hand off the wheel; and cognitive distraction, taking the mind off driving. Texting combines all three simultaneously, which is why it produces a crash risk comparable to driving with a blood alcohol level above the legal limit according to NHTSA research.
Other forms of distraction that may produce liability include eating or drinking, adjusting navigation or audio systems, interacting with passengers, personal grooming, and reading printed materials. While these are harder to document than phone use, witness observations, surveillance footage, and the driver’s own statements at the scene may establish the distraction.
Phone Records and Surveillance Footage Disappear Quickly
Cell phone carriers retain call and data usage records for limited periods. Business surveillance cameras typically overwrite footage within 30 to 90 days. A preservation letter sent promptly to the carrier and nearby businesses after a distracted driving crash may be the difference between having the evidence and losing it. The sooner an attorney is involved, the better the chances that critical evidence is preserved.
Texas Distracted Driving Data
Distracted Driving Statistics in Houston
These figures come from TxDOT crash records and NHTSA distracted driving research. Texas consistently ranks among the highest states for distracted driving crashes, and the Houston metropolitan area generates the highest volume of these crashes in the state.
Distracted Driving Crash Causes in Texas
TxDOT crash data identifies the distraction types documented in Texas crashes. Phone use leads documented cases, but other inattention categories likely undercount non-phone distraction because drivers rarely self-report other distracted behaviors.
Source: TxDOT Crash Records Information System; NHTSA distracted driving crash data
The inattention category likely understates cognitive distraction because drivers do not self-report daydreaming or mental distraction with the same frequency as phone use. The documented phone use category reflects crashes where phone use was reported in the crash report or established through investigation. In actual litigation, phone records subpoenaed from the carrier frequently show activity at the time of impact even in cases where the crash report did not document phone use.
Common Types of Distracted Driving in Texas
Distracted Driving Behaviors and Texas Law
Federal highway safety research identifies three categories of driver distraction: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off the task of driving). Texting while driving is the most widely cited because it combines all three simultaneously. But it is far from the only form of distraction that may support liability in a Texas car accident claim. Each of the following behaviors has been documented as a contributing factor in crash causation research from the NHTSA and TxDOT.
Building a Distracted Driving Case
Evidence in Distracted Driving Crash Cases
Proving distraction requires specific evidence that must be identified and preserved promptly. Each evidence type has its own preservation timeline.
What to Do After a Distracted Driving Crash
Note Any Evidence of Distraction at the Scene
If you saw the driver looking at their phone, heard a notification sound, or noticed the driver was not braking before impact, note it immediately and tell the responding officer. Your observations at the scene are the first piece of evidence in the distraction case.
Photograph Everything
Photograph both vehicles, the roadway, skid marks or their absence, the crash scene, and any visible phone or device in the at-fault vehicle. The absence of skid marks is evidence of inattention and needs to be documented before the scene changes.
Get Medical Evaluation Same Day
Establish the injury record before any dispute about causation develops. Same-day evaluation connects the crash to your injuries from the first medical record.
Contact an Attorney Before Talking to the Insurer
The at-fault driver’s insurer will contact you quickly. Do not give a recorded statement before an attorney has had the opportunity to send preservation letters for phone records and surveillance footage.
Contact Adley Law Firm
Call (713) 999-8669. We send preservation letters promptly, pursue phone records, and build the distraction case from the first day of representation.
What You Can Recover
Compensation in Distracted Driving Cases
Texas law may allow people injured by distracted drivers to recover the same categories of damages as any car accident claim, with the additional possibility of exemplary damages in cases where the distracted behavior rises to the level of gross negligence.
- Medical expenses for all treatment caused by the crash
- Future medical expenses for injuries requiring ongoing care
- Lost wages and lost earning capacity from the injury
- Physical pain and mental anguish, past and future
- Physical impairment from lasting functional limitations
- Property damage to the vehicle and personal property
- Exemplary damages in cases where distraction constitutes gross negligence under Texas Civil Practice and Remedies Code Section 41.003
The documentation of distraction, particularly phone records showing active use at the moment of impact, may strengthen non-economic damages by making the negligence concrete and demonstrable to a jury or adjuster. See also: dealing with insurance after a car accident and common car accident injuries in Houston.
Common Questions
Houston Distracted Driving Accident FAQs
How do I prove the other driver was on their phone?
Phone records subpoenaed from the carrier show the precise time of calls, texts, and data usage. When the timestamp matches the time of impact, it establishes phone use. In litigation, the at-fault driver’s phone may also be subject to forensic examination. At-scene observations by witnesses, the absence of skid marks indicating the driver did not brake, and surveillance footage are additional evidence. Early legal representation makes the difference in how quickly preservation letters go out and how much of this evidence survives.
What if the driver denies being on their phone?
Denial is expected. Phone carrier records do not require the driver’s cooperation; they are obtained through the carrier directly with a proper legal request. Forensic examination of the phone in litigation can recover usage data that exists independently of what the driver admits. The carrier records are the most direct evidence of phone use at the time of impact and are typically more persuasive than the driver’s own statement.
Does texting while driving automatically make the driver at fault?
A violation of Texas Transportation Code Section 545.4251 is negligence per se, meaning the violation itself establishes that the driver breached the standard of care. Negligence per se does not automatically determine the full outcome of the case, because causation, damages, and comparative fault are still at issue. But it removes the need to argue that texting while driving was unreasonable, which simplifies and strengthens the liability case.
Can I get exemplary damages if the driver was texting?
Exemplary damages under Texas Civil Practice and Remedies Code Chapter 41 require proof of malice, fraud, or gross negligence. Gross negligence requires showing the driver was aware of an extreme risk and consciously disregarded it. Whether habitual or egregious phone use in traffic crosses that threshold is a fact-specific determination. In cases where the phone records show sustained, deliberate use at highway speed in heavy traffic, the argument for gross negligence may be viable.
How long do I have to file a distracted driving accident claim in Houston?
Two years from the crash date under Texas Civil Practice and Remedies Code Section 16.003. The practical urgency in distracted driving cases is much shorter because phone records and surveillance footage may disappear within weeks to months. Starting legal representation early is the most important step to preserve the evidence the case depends on.
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Why Adley Law Firm
Representing Houston Distracted Driving Victims
Adley Law Firm represents people injured by distracted drivers throughout Houston and Harris County. Founded by Kevin Adley, Board Certified in Personal Injury Trial Law, with attorneys Jonathan Perkinson and Gilbert Garza and bilingual staff. No upfront costs, no fees unless we recover. Call (713) 999-8669.
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We handle distracted driving accident cases throughout Houston and Harris County.
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Hit by a Distracted Driver in Houston? The Evidence Has a Short Window.
Phone records and surveillance footage disappear fast. We send preservation letters from day one and build the distraction case before the evidence is gone. No fees unless we recover.