Texting and Driving Accident Lawyer in Texas

texting and driving

At Thompson Law, we understand the devastating impact that texting and driving accidents can have on victims and their families. Drivers who cause a collision due to texting and driving can face civil action to hold them accountable for the injuries and damages they may have caused.

With a proven track record of handling distracted driving cases, we are here to stand by your side and fight for your rights every step of the way. From investigating the accident and collecting evidence to negotiating with insurance companies and litigating in court, our texting and driving accident lawyers have the knowledge and resources to handle complex texting and driving accident cases across Texas.

Call us today for a FREE CONSULTATION, or submit a contact request online. We can help answer your questions and explain your legal options, and you are under no obligation to hire our firm.

Texting while driving

What You Should Do After a Texting and Driving Accident

If you’ve been involved in an accident caused by a texting driver, take the right steps immediately to protect your health, your rights, and your ability to pursue compensation. These actions will help ensure that you have the evidence and information needed to strengthen your case.

Here’s what you should do after a texting and driving accident:

  1. Check for injuries and seek medical attention: Your health and safety come first. Even if you don’t feel injured initially, it’s essential to get checked by a medical professional as some injuries may not show symptoms right away.
  2. Call 911 and report the accident: Inform law enforcement about the collision and mention that you believe the other driver was texting at the time of the crash. A police report documenting distracted driving can be a vital piece of evidence in your case.
  3. Gather evidence at the scene: Take photos of all vehicles involved including the property damage, the surrounding area, skid marks, and any traffic signals nearby. If possible and if you feel comfortable doing so, document the other driver’s admissions that they were using their phone using your mobile phone’s audio or video recording features.
  4. Obtain contact information: Exchange names, phone numbers, insurance details, and license plate numbers with the other driver. Also, collect contact information from any witnesses who may have seen the texting and driving behavior.
  5. Preserve cell phone evidence: If you can, note the time of the accident and request that law enforcement or your texting and driving accident lawyers subpoena the texting driver’s phone records. This can help establish that the driver was distracted.
  6. Notify your insurance company: Report the accident but avoid admitting fault or going into detailed discussions until you’ve consulted a texting and driving accident lawyer.
  7. Consult an experienced attorney: Our texting and driving accident lawyers can guide you through the legal process, helping to secure necessary evidence, negotiate with insurers, and build a strong case to hold the at-fault driver accountable.

How Do I Get a Police Report for a Texting and Driving Accident?

To get a police report for a texting and driving accident, contact the law enforcement agency that responded to the scene. Be ready to provide key information such as the date, time, location, and names of those involved to help them locate the report. You may also use this resource on how to get a police crash report in Texas created by our texting and driving accident lawyers.

Some departments charge a small fee for accessing the report, which may vary depending on whether you request it online, in person, or by mail. Follow the agency’s instructions to obtain the report through your preferred method. This document is essential, as it contains important details about the incident and can be crucial for insurance claims or legal proceedings.

Who Can Get Cell Phone Records After a Texting and Driving Accident?

Mobile phone records can be accessed by law enforcement agencies, texting and driving accident lawyers involved in the case, or through a court-issued subpoena. Law enforcement may request these records during an investigation to determine if distracted driving played a role in the incident.

If you are pursuing a personal injury case, our texting and driving accident lawyers may request the records as part of the discovery process to establish negligence on the part of the other driver, such as proving they were texting or using their phone at the time of the accident. These records can include call logs, text message timestamps, and even app usage data.

However, accessing cell phone records requires proper legal procedures to protect privacy rights. Attorneys must demonstrate the relevance of the information to the case and obtain court approval to avoid infringing on personal privacy. This ensures that the information obtained is both legally admissible and directly related to the claims being made.

Car rolled over with ambulance in the background

What Compensation Can I Get for Being Injured in a Texting and Driving Accident?

If you are injured in a texting and driving accident, you may be entitled to several types of compensation depending on the circumstances of your case. Common forms of compensation include:

  • Medical Expenses: This covers the cost of current and future medical care related to your injuries, such as hospital bills, rehabilitation, prescription medications, and surgeries.
  • Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you have lost. Additionally, if your ability to work is permanently affected, you may also claim for loss of future earning capacity.
  • Pain and Suffering: This accounts for the physical pain and emotional distress caused by the accident and its repercussions on your daily life.
  • Property Damage: If your vehicle or other property was damaged in the accident, you could receive compensation for auto repair or replacement costs.
  • Punitive Damages: In texting and driving accident cases where the at-fault driver’s behavior was particularly reckless or egregious, punitive damages may be awarded to penalize the responsible party and deter similar conduct in the future.

The specific compensation you may recover will depend on the details of your case, including the severity of your injuries, the extent of the other driver’s negligence, and the limits of their insurance policy. Consult with our texting and driving accident lawyers to accurately calculate your damages and advocate for fair compensation on your behalf.

How Long Do I Have to File a Texting and Driving Accident Claim in Texas?

In Texas, the statute of limitations for filing a personal injury claim, including those arising from a texting and driving accident, is typically two years from the date of the accident. This means you have a limited time to take legal action and pursue compensation for your injuries and losses. Failing to file within this timeframe may bar you from recovering any type of personal injury damages entirely.

However, certain exceptions to this rule may apply, such as if the injured party is a minor or if the defendant leaves the state. Consult with our texting and driving accident lawyers as soon as possible to ensure your claim is filed within the appropriate deadline and to preserve your legal rights.

Texting and Driving Accidents: Statistics and Laws

Texting and driving is a dangerous and prevalent issue that poses significant risks to road safety. Combining distracted behavior with the complexity of operating a vehicle greatly increases the likelihood of accidents.

Texas Laws Related to Texting and Driving

  • Texting While Driving Ban: Since September 1, 2017, it has been illegal to read, write, or send text messages while driving in Texas. Violators face fines of up to $99 for a first offense and up to $200 for subsequent offenses.
    • Local Restrictions: Some cities have stricter ordinances than the statewide law, so drivers should be aware of local regulations.
    • Texting and Driving Deaths: If texting while driving leads to causing someone’s death or serious injury, the driver could face up to a $4,000 fine and a year in jail (Texas Transportation Code – TRANSP § 545.4251).
  • Restrictions for Young Drivers: Drivers under 18 in Texas are banned from all cell phone use while driving, even hands-free.
    • Exceptions: The law allows for emergency communication or electronic messaging when the vehicle is stopped.
  • School Zone Rules: Texting and using hand-held devices are prohibited in school zones. School bus drivers are also banned from using phones while children are present.

Texting and Driving Statistics in Texas

  • Police crash reports for 3,390 motor vehicle accidents in 2023 listed cell phone use as a contributing factor.
  • In 2023, nearly 1 in 6 crashes involved a distracted driver, including those using cell phones.
    • These crashes resulted in 403 deaths and 2,799 serious injuries.

Laws in US States Related to Texting and Driving

  • Handheld Cellphone Use: In 30 states, along with Washington D.C. and several U.S. territories, all drivers are prohibited from using handheld cellphones. Most of these bans fall under primary enforcement laws, meaning officers can issue citations solely for this violation, without requiring another traffic offense.
  • Cellphone Use Restrictions: While no state imposes a complete ban on cellphone use for all drivers, 36 states and Washington, D.C., restrict it for novice drivers, and 25 states along with D.C. prohibit it for school bus drivers.
  • Text Messaging: Texting while driving is prohibited in 49 states, Washington D.C., and U.S. territories, with 43 of states treating it as a primary offense.

Get a FREE CONSULTATION With Our Texting and Driving Accident Lawyers

At Thompson Law, we understand the devastating impact that texting and driving accidents can have on your life. That’s why we offer a FREE CONSULTATION to help you explore your legal options.

We charge NO UPFRONT FEES and operate on a contingency fee basis, meaning you don’t pay us unless we win your case. Contact us today to take the first step toward securing the justice and compensation you deserve.

No Win No Fee for Personal Injury Case. Texting and driving accident lawyer

FAQs Regarding Texting and Driving Auto Accidents

How Does Texting and Driving Impact Driver Reaction Time?

Texting while driving significantly impairs a driver’s reaction time, making it comparable to driving under the influence of alcohol. Studies have shown that drivers who text are more likely to have delayed responses to road hazards, traffic signals, or sudden changes in traffic patterns.

This delay occurs because texting requires visual, manual, and cognitive attention, diverting focus from the road. A study by AAA found that mental distractions can last up to 27 seconds after texting, making calls, or using voice commands while driving.

Drivers who text may take at least 3 times longer to respond compared to those who are attentive and focused on the road. With sudden shifts in traffic, changing road conditions, and the presence of cyclists and pedestrians, a single text could result in severe and lasting harm to both the driver and others.

Are Insurance Rates Affected by Texting and Driving Citations and/or Accidents?

Yes, insurance rates can be significantly impacted by texting and driving citations and accidents. When a driver is cited for distracted driving, such as texting while behind the wheel, insurance providers often view this as a high-risk behavior. Consequently, this may lead to an increase in premiums, as insurers associate such behavior with a higher likelihood of future claims.

Additionally, if texting and driving results in an accident, the at-fault driver could face not only legal penalties but also a substantial increase in their insurance costs, as the claim history reflects the severity and financial responsibility of the incident.

Will the Other Driver’s Insurance Pay for My Injuries if They Were Texting and Driving?

In Texas, if another driver causes an accident while texting and driving, their insurance is generally required to cover your injuries and damages, provided they are found at fault. Texas follows a fault-based insurance system, meaning the at-fault driver’s liability coverage typically handles the resulting claims.

The law does not nullify the at-fault driver’s insurance policy simply because texting and driving is illegal. Instead, the act of texting while driving can serve as key evidence of negligence, which strengthens your claim against the other driver.

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Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.

Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.