Distracted Driving Accidents in Texas: What Victims Need to Know

Have you been injured in an accident by a distracted driver in the DFW area? You’re not alone. Every day, innocent victims face life-changing injuries because someone couldn’t wait to check their phone. If you’ve been hurt in a distracted driving accident, you have rights. The Law Office of Joel M. Vecchio, P.C. can help you protect them.

Distracted Driving is More Than Just Texting

When most people think of distracted driving, they picture someone texting behind the wheel. But under Texas law, distraction includes any activity that takes your attention away from driving—whether manual (hands off the wheel), visual (eyes off the road), or cognitive (mind off driving). For example:

• Texting or typing on a phone
• Eating or drinking while driving
• Reaching for items in the vehicle
• Adjusting radio or climate controls
• Applying makeup or grooming
• Looking at GPS or navigation systems
• Reading messages or emails
• Watching videos
• Rubbernecking at accidents or roadside events

Alarming Statistics

Texas has a growing crisis:

• Distracted driving contributes to approximately 29% of all roadway crashes nationwide
• Texas had 403 deaths and over 20,700 serious injuries from distracted driving in 2023
• Taking your eyes off the road for just 2 seconds doubles your crash risk—at 60 mph, that’s 176 feet traveled essentially blind

Texas Laws on Distracted Driving

Texas has specific laws addressing distracted driving that can strengthen your personal injury claim:

Electronic Messaging While Driving Law (Sec. 545.4251, Texas Transportation Code)

Effective September 1, 2017, Texas enacted a statewide ban on texting while driving. This law prohibits motorists from reading, writing, or sending electronic messages (such as texts, emails etc) while operating a moving vehicle. According to TxDOT Executive Director James Bass, “One in five crashes in Texas is caused by distracted driving.”

Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE.

An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.

Violations of this law start at $25-$99 for first offenses, with subsequent offenses carrying fines up to $200.

School Zone Restrictions

Texas imposes a total ban on handheld device use in school zones (unless the vehicle is fully stopped). If your accident occurred in one of these areas, the driver could face higher liability.

Texas Transportation Code § 545.4252. “Use of Portable Wireless Communication Device in School Crossing Zone”

(a) Prohibits operators from using a handheld device while driving in a school crossing zone.

*(b) Exceptions: Emergency calls, hands-free mode, or when vehicle is stopped.*

Talking on Cell Phones While Driving

Unlike texting, Texas state law generally allows adult drivers to make and receive handheld phone calls while driving, except in these situations:

• Drivers with learner’s permits cannot use cell phones during their first six months of driving
• Drivers under 18 are prohibited from using handheld devices while driving
• All drivers are prohibited from using handheld devices in school zones when reduced speed limits are in effect
• School bus operators are prohibited from using cell phones while driving if children are present

Stricter Local Ordinances

Some cities in Texas have passed stricter local “hands‑free” ordinances that prohibit drivers from holding or using a phone for any purpose while a vehicle is in motion. These ordinances can impose fines up to $500 for violations.

Dallas, Denton (September 2017), Little Elm (May 2001, Ordinance 1308), Celina (May 2018 12.07, § 12.07), San Antonio, Austin, Amarillo, Galveston, El Paso, Corpus Christi, Mexia, Missouri City, the Canyon, San Angelo, Snyder, Hurst, Lakeway, Stephenville and Wichita Falls are among the more than 60 Texas cities that have enacted local distracted driving laws.

It’s considered a violation to even hold your wireless device in your hand while operating a motor vehicle. You are considered operating a motor vehicle if your vehicle is moving or stopped on a public road or right-of-way, unless it is lawfully parked. Lawfully parked does not mean stopped at a stop sign or traffic lights, stopped in traffic, or traffic congestion.

How Fault Works in Texas Accident Cases

Texas follows a “modified comparative fault” system with a 51% bar rule (read more about the 51% bar rule here). This means:

• You can recover damages as long as you were 50% or less responsible for the accident
• Your compensation will be reduced by your percentage of fault
• If you’re found to be more than 50% at fault, you cannot recover anything

This is why having an experienced attorney is crucial—the other side will often try to shift blame to you to reduce or eliminate your compensation.

What Damages Can You Recover?

If you’ve been injured by a distracted driver, you may be entitled to various forms of compensation:

Economic Damages

• Medical expenses (past and future)
• Lost wages and earning capacity
• Property damage
• Rehabilitation costs

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Physical impairment

Exemplary Damages

In cases of gross negligence -such as a driver watching videos while driving – you may be eligible for additional punitive damages designed to punish particularly reckless behavior.

Crucial Evidence in Distracted Driving Cases

Cell Phone Records

One of the most powerful pieces of evidence in these cases is the at-fault driver’s cell phone records. These can prove the driver was actively using their device at the time of the crash.

Social Media Activity

Posts showing phone use before the crash can be admissible evidence of distraction. Even location data from apps like Google Maps can demonstrate that a driver was actively using their phone.

Eyewitness Testimony

Other drivers or pedestrians who observed the at-fault driver using their phone before the collision can provide powerful testimony.

Why Time Is Not On Your Side

Evidence in distracted driving cases can disappear quickly:

• Cell phone records may only be retained by carriers for a limited time
• Social media posts can be deleted
• Surveillance footage from nearby businesses may be overwritten

This is why it’s crucial to contact an attorney immediately after your accident. At The Law Office of Joel M. Vecchio, P.C., we can send preservation letters and file motions to ensure critical evidence is preserved.

How The Law Office of Joel M. Vecchio, P.C. Can Help

Our firm specializes in holding distracted drivers accountable. When you work with us, we will:

• Immediately subpoena phone records before they can be deleted
• Investigate all possible liable parties, including employers if the driver was on the job
• Work with accident reconstruction and human factors experts to demonstrate exactly how distraction caused your injuries
• Build a compelling case using Texas’s distracted driving laws
• Fight for maximum compensation for all your losses

Don’t Face This Alone – Contact Us Today

If you or a loved one has been injured by a distracted driver in Texas, don’t wait to get the help you deserve. The Law Office of Joel M. Vecchio, P.C. offers free, no-obligation consultations to discuss your case.

Call us today or fill out our online form to schedule your free case review. Remember, we work on a contingency fee basis, which means you pay nothing unless we win your case.

Legal References

• Texas Transportation Code (Sec. 545.4251, 545.4252)
• Texas Civil Practice & Remedies Code (Ch. 33, 41)
• NHTSA 2023 Distracted Driving Report