Using a cell phone while driving can cause serious accidents. People can get hurt badly, have big car damage, and pain that lasts a long time. Proving a driver was careless because of distraction helps you get money for injuries from insurance or a personal injury case.
Below, we explain Texas distracted driving laws, including texting and phone use. We also show how phone records and other proof can be used to show fault, negligence, and who should pay after a crash.
What Counts as Distracted Driving Under Texas Law?
Under Texas Transportation Code § 545.42511, a driver breaks the law if they read, write, or send a message on a phone while driving, unless the car is stopped.
It bans the use of portable wireless communication devices while operating a vehicle. It also prohibits using a device while stopped at a red light or stop sign.
Anything that takes a driver’s attention away from driving is called a distraction. Not watching the road puts the driver, passengers, and other drivers at risk of getting hurt in a crash.
According to the Texas Department of Insurance (TDI)2 distracted driving includes:
- Having conversations with passengers
- Managing pets
- Reading
- Consuming food or drink
- Performing personal grooming
- Reaching for objects in the vehicle
- Sightseeing while driving
- Adjusting radios or other audio devices
- Using a GPS or cell phone
Of these, using a phone to text, talk, check directions, adjust music, or watch videos while driving causes the highest level of distraction.
Anything that takes a driver’s attention away from driving is called a distraction.
From a legal view, a Texas court will look at proof that a driver was distracted and how it caused the accident.
Texas Hands Free Law
The hands-free law says, “To be prosecuted, the behavior must be seen by a police officer or shown with other evidence.” A lawyer can use phone records, witnesses, and videos to prove the other driver was at fault.
The court also looks at anything else that could have distracted the driver or caused them to break traffic rules. If the other driver gets a citation for distracted driving, it can help support phone records and other evidence in your case.
Distracted Driving Under Age 18
Under Texas Transportation Code § 545.4243, new drivers and drivers under 18 cannot use a cell phone at all while driving, even hands-free.
Distracted School Bus Drivers
Texas Transportation Code § 545.4251 makes it illegal for school bus drivers to use a phone with kids on board and for any driver to use a phone in a school zone.
Distracted Cyclists
Some cities in Texas have instituted specific bans with additional penalties, including:
Exceptions to Phone Use While Driving
The only exception to these laws is calling 911 in an emergency. Breaking these rules helps your car accident lawyer show the other driver was negligent. Insurance companies and the other driver’s lawyer may fight your claim, so it’s important to have a good lawyer to explain and show your evidence.
Texas law bans using a cell phone while driving, even when stopped at a red light or stop sign.
How Distracted Driving Violations Establish Fault in Car Accident Cases
Personal injury cases depend on powerful evidence that indicates who is at fault. The more authoritative a source is for evidence, the more heavily it can weigh in the court’s assessment.
Police reports showing who was at fault and traffic tickets can be very helpful in proving negligence.
To show negligence, your lawyer must use evidence to show the following:
- Duty: The other driver owed you a duty of care to operate their vehicle safely.
- Breach: The other driver failed to uphold their duty by driving while distracted.
- Causation: Their failure directly led to and caused your injuries and property damage.
- Damages: You have expenses and losses associated with the accident.
Traffic tickets can help your lawyer prove the other driver caused the accident, but other evidence is also needed to make the case stronger. Your lawyer will try to show the other driver is mostly at fault because the other side may try to say you were partly to blame. They do this to reduce or avoid paying your claim.
Evidence Used to Prove Distracted Driving After a Crash
The strongest evidence in a distracted driving case comes from:
- Phone records: Your lawyer can use them to show the other driver was using their phone right before or during the crash.
- Onboard computer data: Most new vehicles have a “black box” that records braking, acceleration, and hands-free device use. Subpoenaing this material can further demonstrate that the other driver wasn’t paying attention at the time they hit you.
- Witness statements: In some instances, witnesses in the area can testify that they saw the driver using their phone. If the driver had passengers, your attorney could call them to say whether the driver was distracted.
- Police reports: If officers saw the other driver using their phone or have evidence they did, they can include it in their crash report8. They can also decide the driver was distracted by talking to witnesses or looking at dashcam footage of the crash.
- Accident reconstruction analysis: Your lawyer can work with experts to show how the crash happened and what likely caused it.
Phone records and black box data can be hard to get because they are private. The other side may resist, but your lawyer can use subpoenas and other legal tools to get the information you need.
How Insurers Dispute Distracted Driving Allegations
The other driver may deny using their phone, saying it was in a bag or pocket, that they didn’t make calls, or that phone records don’t match. Insurance companies may also use phone records to argue against distracted driving and pay less.
That’s why it’s important for your lawyer to collect direct evidence of distraction, like photos, videos, or witness statements. Insurance companies know the law and how to negotiate claims, so hiring a lawyer quickly is important. Having your own lawyer shows the insurer you are serious and stops them from taking advantage of you.
Distracted Driving and Comparative Negligence in Texas
Under Texas Comparative Negligence law9, you cannot get damages if you are more than 50% at fault. For example, if you were following GPS and distracted, and another driver was on their phone and ran a red light, both drivers could share the blame.
Your lawyer can show the other driver was distracted, but their lawyer may try to show you were partly at fault. If the court says you are 30% at fault, your settlement or jury award is reduced by 30%. That’s why it’s important to have a skilled lawyer to present all evidence and reduce any fault assigned to you.
When Distracted Driving Makes a Texas Car Accident Claim Stronger
Your lawyer will try to find patterns in the other driver’s history that show they were likely distracted. This could include frequent phone use while driving, past traffic tickets, or social media posts showing unsafe driving. Showing clear violations can help your lawyer ask for punitive or higher damages under Texas law10.
Strong proof of distraction can make settling faster because the other driver can’t easily deny fault. A skilled car accident lawyer can use all arguments to get the most compensation, sometimes more than the insurance company first offers.
A skilled car accident lawyer can use all arguments to get the most compensation, sometimes more than the insurance company first offers.
When to Hire a Lawyer for a Distracted Driving Accident in Texas
After an accident, many people wonder if it is worth getting an attorney? Lawyers can get important evidence through subpoenas and other legal tools that you can’t get on your own. They can also defend you if the other side tries to say you were at fault, which could lower your claim.
To learn how we can prove distraction when another driver denies using their phone, contact Dax Garza today for a free consultation. We can also help identify red flags that show contested distraction issues.
Sources Cited
- https://statutes.capitol.texas.gov/docviewer?docPath=%2FTN%2Fhtm%2FTN.545.htm%23545.4251
- https://www.tdi.texas.gov/pubs/videoresource/fsdrivdistract.pdf
- https://statutes.capitol.texas.gov/docviewer?docPath=%2FTN%2Fhtm%2FTN.545.htm%23545.424
- https://sanantonio.gov/portals/0/Files/SAPD/Hands-Free-Ordinance-2015.pdf
- https://blog.cstx.gov/wp-content/uploads/2020/09/2020-4158-ordinance-02_27_2020.pdf
- https://www2.elpasotexas.gov/municipal-clerk/agenda/02-23-10/02231008A.pdf
- https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=671048
- https://www.txdot.gov/data-maps/crash-reports-records.html
- https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=33.001
- https://tcss.legis.texas.gov/resources/CP/pdf/CP.41.pdf#41
