This Blog was published by Carabin Shaw Personal Injury Lawyers – San Antonio Car Accident Attorneys
Distracted Driving Car Accidents Are on the Rise in Texas
Distracted driving has quickly become one of the deadliest problems on Texas roads. With smartphones, in-vehicle entertainment systems, and an endless stream of digital notifications competing for every driver’s attention, the number of car accidents caused by distracted motorists continues to climb. The Texas Department of Transportation has reported that distracted driving contributes to thousands of crashes each year, and the true number is likely much higher since many distracted drivers never admit to what they were doing at the time of impact. If a distracted driver has injured you or someone you love, the car accident lawyers in Houston at Carabin Shaw are ready to fight for the compensation you deserve. These car accident attorneys have handled distracted driving cases across Texas and they know how to prove that the at-fault driver was not paying attention when the crash occurred.
Distracted driving is dangerous because it robs a driver of the three things needed to operate a vehicle safely — visual attention on the road, manual control of the vehicle, and cognitive focus on the driving task. Texting while driving is considered the most dangerous form of distraction because it involves all three. The car accident attorneys in Austin at Carabin Shaw have seen the devastating injuries that result when a driver takes their eyes and mind off the road even for a few seconds. Experienced car accident lawyers understand that these crashes are entirely preventable, which makes them even more tragic for the victims who suffer life-changing consequences.
Proving distraction is one of the biggest challenges in these cases, but it is far from impossible. Car accident lawyers use cell phone records, vehicle data, witness testimony, and other evidence to demonstrate that the at-fault driver was engaged in a distracting activity at the time of the crash. Car accident attorneys who handle these cases regularly know where to look and what to demand during the investigation.
Types of Driver Distraction
The National Highway Traffic Safety Administration categorizes distracted driving into three types. Visual distractions take the driver’s eyes off the road, such as looking at a phone, adjusting a GPS, or turning to check on passengers in the back seat. Manual distractions take the driver’s hands off the wheel, including eating, drinking, reaching for objects, or adjusting climate controls. Cognitive distractions take the driver’s mind off the task of driving, such as daydreaming, engaging in intense conversations, or dealing with emotional stress.
Many activities involve more than one type of distraction simultaneously. Texting is the most well-known triple-threat distraction, but activities like video calling, social media browsing, and using food delivery or ride-sharing apps while driving are equally dangerous.
Texas Distracted Driving Laws
Texas enacted a statewide ban on texting while driving in 2017 under the Texas Transportation Code. The law prohibits reading, writing, or sending electronic messages while operating a motor vehicle. Penalties include fines up to $99 for a first offense and up to $200 for repeat offenses. If distracted driving results in serious injury or death, the consequences become significantly more severe.
Many Texas cities have enacted stricter local ordinances that go beyond state law. Some municipalities ban all handheld cell phone use while driving, not just texting. School zones carry enhanced penalties for any form of electronic device use behind the wheel.
While these laws provide a framework for enforcement, they also serve as important evidence in civil cases. A driver who violated the texting ban and caused an accident has essentially admitted to negligence through their illegal conduct.
Proving Distracted Driving Caused Your Accident
Building a case against a distracted driver requires specific types of evidence. Cell phone records obtained through subpoena can show whether the driver was sending or receiving texts, browsing the internet, or using apps at the time of the crash. These records include precise timestamps that can be matched against the moment of impact.
Vehicle event data recorders capture information about braking patterns in the seconds leading up to a collision. A distracted driver who fails to brake before impact provides telltale evidence that they were not watching the road. Surveillance footage from nearby businesses, traffic cameras, and dashcams from other vehicles can visually capture the at-fault driver looking down at their phone or engaged in other distracting behavior.
Witness testimony is also valuable. Other drivers, passengers, and pedestrians who observed the at-fault driver’s behavior before the crash can provide firsthand accounts that support the distraction theory. Even the at-fault driver’s own passengers may admit that the driver was on their phone.
Injuries Common in Distracted Driving Crashes
Because distracted drivers often fail to brake or take any evasive action before a collision, the resulting impacts tend to occur at full speed. This means distracted driving accidents frequently produce severe injuries, including traumatic brain injuries and concussions, spinal cord injuries and paralysis, multiple fractures, internal organ damage, severe lacerations and disfigurement, and emotional trauma, including post-traumatic stress disorder.
The medical costs associated with these injuries can be staggering. A single traumatic brain injury can generate millions of dollars in lifetime medical expenses, and spinal cord injuries often require ongoing care for the rest of the victim’s life.
Holding Distracted Drivers Accountable
Texas law allows car accident victims to recover compensation for all damages caused by a negligent driver’s distraction. This includes medical expenses, lost income, pain and suffering, emotional distress, and in the most egregious cases, punitive damages. When a driver makes the conscious choice to prioritize their phone over the safety of everyone else on the road, they should be held fully accountable for the damage they cause.
Filing a claim against a distracted driver also sends a broader message. Every successful verdict or settlement reinforces the reality that distracted driving has serious financial consequences. This awareness can help change behavior and potentially prevent future tragedies.
Contact Carabin Shaw Today
If a distracted driver has injured you or taken the life of someone you love, do not try to handle the insurance company alone. The car accident lawyers at Carabin Shaw have the resources and experience to investigate your crash, prove the other driver was distracted, and fight for every dollar of compensation you are owed. Call today for a free consultation and take the first step toward justice.