Texting While Driving Lawsuit in Texas: Your Legal Rights After a Distracted Driver Crash
By Brad Parker, Board-Certified Personal Injury Trial Lawyer | Parker Law Firm Injury Lawyers | Bedford & Fort Worth, Texas
Texting while driving only takes a few seconds, but those few seconds can change someone’s life forever.
Every day across Texas, drivers glance down at a text message instead of the road ahead. While they’re looking at a phone, traffic keeps moving. Cars slow down. Lights change. People cross intersections.
Before they realize what’s happened, another family is left dealing with injuries that could have been prevented.
I’m Brad Parker, the attorney you want but hope you never need.
If you’ve been hurt because another driver was texting, you may have the right to seek compensation for what you’ve been through. These cases often involve more than simply proving a crash happened. The evidence, the investigation, and understanding how Texas law applies can all play an important role.
This guide explains how texting while driving affects personal injury claims in Texas, what evidence can help prove what happened, and the steps you can take if a distracted driver has injured you.
What Texas Law Says About Texting While Driving (HB 62)
Texas law prohibits drivers from reading, typing, or sending text messages while operating a motor vehicle.
The purpose of the law is straightforward: drivers should be paying attention to the road, not their phones.
When someone texts while driving and causes a crash, that decision can become an important part of a personal injury case.
What HB 62 Prohibits and Permits
House Bill 62, which took effect in 2017, made texting while driving illegal throughout Texas.
Drivers generally cannot:
- Read text messages.
- Type messages.
- Send electronic messages while driving.
The law does allow certain phone functions, including: - GPS navigation.
- Hands-free calling.
- Reporting an emergency.
- Contacting law enforcement or emergency responders.
- Playing music or using other hands-free features.
Those differences can become important after a crash.
For example, a driver may claim they were simply using navigation when they were actually sending or reading messages. Determining what was happening on the phone often requires a much closer look at the available evidence.
Fines, Criminal Penalties, and Civil Liability
Getting a ticket for texting while driving is only part of the picture.
If someone is injured because a distracted driver chose to text while driving, the consequences can extend far beyond a traffic citation.
Depending on what happened, the driver may face criminal charges, civil liability, or both.
A criminal case focuses on whether a law was broken.
A personal injury claim focuses on something different: helping the injured person recover compensation for the losses caused by the crash.
The two cases are separate, and one does not depend on the other.
Someone may still have the right to pursue a personal injury claim even if no criminal charges are ever filed.
Special Restrictions for School Bus Drivers, Teen Drivers, and School Zones
Some drivers are subject to even stricter rules.
Texas places additional restrictions on:
- School bus drivers who transport students.
- Drivers under the age of 18.
- Drivers traveling through active school zones.
These rules exist because distracted driving can be even more dangerous when children and pedestrians are nearby.
No matter who is behind the wheel, the expectation is the same: keep your attention on driving.
How a Texting While Driving Accident Becomes a Civil Lawsuit in Texas
A traffic ticket doesn’t compensate someone for medical bills, lost income, or the pain of recovering from serious injuries.
That’s where a civil claim comes in.
When another driver’s choices cause a car accident, Texas law allows the injured person to pursue compensation for the harm those choices caused.
In many texting-while-driving cases, proving distraction is one of the most important parts of the investigation.
Negligence Per Se — How the Law May Affect Your Case
Every driver has a responsibility to operate their vehicle safely.
When someone breaks a safety law that’s designed to protect other people on the road, that violation may become an important part of a personal injury case.
Texting while driving falls into that category.
Instead of debating whether taking your eyes off the road was reasonable, the focus often shifts to different questions.
Was the driver breaking the law? Could that choice have contributed to the crash? Were injuries caused as a result?
Every case still depends on its own facts, but evidence that a driver was texting can become a powerful part of proving responsibility.
Texas Modified Comparative Fault and the 51 Percent Rule
Not every accident is completely one-sided.
Sometimes insurance companies argue that both drivers contributed to the crash.
Texas follows what’s known as a modified comparative fault system.
In general, an injured person can still recover compensation if they are found to be 50 percent or less responsible for the accident. Any recovery may be reduced based on their share of responsibility.
If someone is found to be more than 50 percent responsible, they generally cannot recover damages from the other party.
Because of that rule, insurance companies often look for ways to shift as much blame as possible onto the injured driver.
That’s one reason a thorough investigation matters.
Filing a Lawsuit in Tarrant County
Many cases settle before a lawsuit ever becomes necessary.
When they don’t, a lawsuit may be filed in the appropriate Tarrant County court.
Every case follows its own path. Some resolve through negotiations.
Others require additional investigation, depositions, mediation, or trial before they’re resolved.
Our approach is to prepare every case thoroughly from the beginning so we’re ready for whichever direction it takes.
Proving the Other Driver Was Texting — The Evidence That Can Make the Difference
After a distracted driving crash, one of the first questions people ask is, “How can anyone prove the other driver was texting?”
The answer usually isn’t found in just one piece of evidence.
Building a strong case often means putting several pieces of the puzzle together. Phone records, witness statements, photographs, crash reports, and video footage can all help explain what happened in the moments before the collision.
Every case is different, which is why it’s important to look at the whole picture rather than rely on a single document or witness.
Cell Phone Records Can Be Important Evidence
One of the strongest pieces of evidence in a texting-while-driving case may come from the driver’s cell phone records.
Depending on the circumstances, those records can help show whether messages were being sent or received around the time of the crash. When combined with other evidence, they may help establish that the driver’s attention was elsewhere.
Obtaining those records usually requires following the proper legal process, and they aren’t always available forever.
That’s one reason many people choose to speak with an experienced car accident lawyer before valuable information can disappear.
Police Reports, Witnesses, and Other Evidence
Phone records are only part of the investigation.
Other evidence may include:
- The crash report prepared by law enforcement.
- Photographs of the vehicles and the accident scene.
- Statements from witnesses who saw the collision.
- Video from nearby businesses or traffic cameras.
- Dash camera footage.
- Physical evidence left at the scene.
Sometimes a witness notices the driver looking down moments before the impact. Other times, the location of the damage or the lack of skid marks tells part of the story.
Looking at everything together often provides a much clearer understanding of how the crash happened.
Accident Reconstruction Can Help Explain What Happened
Some accidents are straightforward. Others leave unanswered questions.
When responsibility is disputed, accident reconstruction specialists may examine the available evidence to understand better how the collision occurred.
That review may include:
- Vehicle damage.
- Tire marks.
- Road conditions.
- Traffic signal timing.
- Vehicle speeds.
- The angle of impact.
Their findings can help explain how the crash unfolded and whether distracted driving likely played a role.
Why Acting Quickly Can Make a Difference
Many people assume the evidence will still be there whenever they’re ready to move forward.
Unfortunately, that’s not always how it works. Security camera footage is often recorded over.
Witnesses become harder to reach. People naturally remember fewer details as time passes.
Some electronic records are only kept for a limited period of time.
The sooner questions begin getting answered, the better the opportunity to gather information while it’s still available.
If you’ve been injured by a distracted driver, it’s worth taking the time to contact Parker Law Firm before important information becomes harder to obtain.
Damages You May Be Able to Recover After a Texting While Driving Crash
No two accidents affect people the same way. Some injuries heal within a few weeks.
Others require months of treatment, ongoing therapy, or permanent lifestyle changes.
When another driver’s carelessness causes those injuries, Texas law may allow you to recover compensation for both the financial and personal impact the crash has had on your life.
Economic Damages
Some losses are easy to calculate because they’re tied to actual expenses.
Depending on your situation, compensation may include:
- Medical bills.
- Future medical care.
- Lost income.
- Reduced earning ability.
- Vehicle repairs or replacement.
- Other accident-related expenses.
These financial losses often continue long after the vehicles have been repaired.
Non-Economic Damages
Not every loss comes with a receipt. A serious accident can affect your daily routine, your relationships, your ability to enjoy hobbies, and even your confidence behind the wheel.
Depending on the circumstances, compensation may also include:
- Physical pain.
- Emotional distress.
- Anxiety.
- Loss of enjoyment of life.
- Permanent scarring.
- Lasting physical limitations.
An experienced personal injury lawyer can help make sure every part of your recovery is considered, not just the bills that arrive in the mail.
Punitive (Exemplary) Damages
Most personal injury cases are intended to compensate someone for what they’ve lost.
In certain situations involving especially reckless behavior, Texas law may also allow exemplary damages.
Unlike other forms of compensation, these damages are meant to hold someone accountable for particularly dangerous conduct and discourage similar behavior in the future.
Whether they apply depends on the specific facts of the case.
Wrongful Death Claims After a Fatal Distracted Driving Crash
Some distracted driving accidents have heartbreaking consequences.
When a family loses someone because another driver wasn’t paying attention, the emotional and financial impact reaches far beyond the day of the crash.
Texas law allows certain surviving family members to pursue a wrongful death claim_ _when another person’s negligence causes the death of someone they love.
While no legal claim can ever replace that person, it may help a family recover compensation for losses that followed the tragedy and provide a measure of accountability for what happened.
Texas Statute of Limitations and Important Deadlines After a Texting While Driving Accident
After a serious crash, most people focus on healing, repairing their vehicle, and getting life back to normal.
Very few are thinking about filing deadlines. The problem is that the clock starts running long before most people expect it to.
Waiting too long can make it harder to gather the information needed to prove what happened, and in some situations, waiting too long can prevent you from bringing a case at all.
The Two-Year Filing Deadline Explained
In most Texas car accident cases, you generally have two years from the date of the crash to file a personal injury lawsuit.
That may sound like plenty of time, but two years has a way of passing quickly.
Doctor appointments, physical therapy, dealing with insurance companies, missing work, and simply trying to recover can easily consume months before someone ever thinks about speaking with an attorney.
That’s why it’s helpful to understand the timeline early instead of assuming there’s always more time later.
If you’ve been injured in a distracted driving crash, learning about your options from an experienced car accident lawyer early in the process can help you avoid unnecessary surprises later.
Why It’s Usually Better Not to Wait
One of the biggest misconceptions we hear is, “I’ll wait until the insurance company finishes its investigation.”
Unfortunately, that’s not always the best approach. While the insurance company is reviewing the claim, other things are changing.
Video footage may be erased. Witnesses move away or forget important details. Vehicles are repaired. Electronic information isn’t always available forever.
The sooner the facts are gathered, the easier it usually is to understand exactly what happened.
That’s one reason our team begins looking at evidence as early as possible after a crash.
Situations Where the Deadline May Be Different
Although the two-year deadline applies to many injury claims, there are situations where different rules may apply.
For example, cases involving children, government entities, or certain unique circumstances can follow different timelines.
Because every situation is different, it’s never a good idea to assume the deadline is the same for every case.
If you’re unsure how the law applies to your accident, it’s worth getting answers before making assumptions about how much time you have.
Common Mistakes That Can Hurt a Texting While Driving Case
After handling personal injury cases for decades, we’ve seen the same mistakes happen again and again.
Most aren’t intentional.
People simply don’t realize how certain decisions can affect their case later.
Here are a few of the most common ones.
Accepting the First Settlement Offer
The first settlement offer isn’t always the best one.
In many cases, it arrives before someone fully understands the extent of their injuries or whether they’ll need additional treatment.
Once a settlement is accepted, there’s usually no opportunity to go back and ask for more later.
That’s why it’s important to understand what your case may actually be worth before making a final decision.
Assuming There Isn’t a Case Because No Ticket Was Written
Many people believe that if the other driver wasn’t cited for texting, there’s nothing they can do.
That simply isn’t true.
A traffic ticket is only one piece of the puzzle.
Phone records, witness statements, photographs, surveillance footage, and other evidence may all help explain what happened.
A civil case often relies on much more than whether a citation was issued at the scene.
Waiting Too Long Before Asking Questions
People sometimes spend months trying to handle everything on their own before reaching out for help.
Meanwhile, important information becomes harder to find.
The sooner someone begins asking questions, the easier it often is to locate witnesses, preserve available records, and understand what evidence may still exist.
If you’re unsure where to start, contact Parker Law Firm, and we’ll be happy to answer your questions.
Sharing Too Much on Social Media
It’s natural to want to update friends and family after an accident.
Still, it’s worth being careful about what you post publicly.
Photographs, comments, or updates can sometimes be taken out of context and used in ways you never intended.
Until your case is resolved, it’s often best to keep conversations about the accident offline.
Thinking Every Texting While Driving Case Is the Same
No two crashes happen exactly alike. The evidence is different. The injuries are different. The insurance coverage is different.
That’s why every case deserves its own careful review instead of relying on assumptions or comparing it to someone else’s experience.
Why Experience Matters in Distracted Driving Cases
A texting-while-driving case isn’t always as straightforward as people expect.
Proving what happened may require gathering phone records, locating witnesses, reviewing crash reports, and understanding how all of those pieces fit together.
That’s why experience matters. Brad Parker has spent more than three decades representing injured Texans and is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
If you’d like to learn more about **Brad Parker **and his experience representing injury victims across Texas, you can read more on his attorney profile.
What to Do After a Texting Driver Hits You in Fort Worth or Bedford
The minutes after a crash can feel overwhelming.
Your heart is racing. Traffic is backing up. People are asking questions. It’s easy to forget what you should do next.
You don’t have to remember everything, but taking a few simple steps can help protect both your health and your ability to understand what happened later.
Start with Your Safety
Call 911 immediately if someone has been injured. Move your vehicle out of traffic only when it can be done safely. Otherwise, remain at the scene until first responders arrive. Always prioritize your safety and well-being.
Get Medical Care Even If You Feel Okay
It’s common for adrenaline to mask pain after a crash. Some injuries don’t become noticeable until hours or even days later.
Getting checked by a medical professional helps you understand what injuries you may have, and it creates a record showing when those injuries were first evaluated.
Take Photos Before the Scene Changes
If you’re able, use your phone to document as much as you can before the vehicles are moved.
Helpful photographs include:
- Vehicle damage.
- The position of the vehicles.
- Skid marks.
- Traffic signs or signals.
- Road conditions.
- Any visible injuries.
Small details can become important later.
Talk to Anyone Who Saw the Crash
Independent witnesses often provide valuable information.
If someone stopped to help or witnessed the collision, ask for their name and contact information before they leave.
People’s memories naturally fade over time, so gathering that information early can make a difference.
Be Careful When Speaking with the Insurance Company
You’ll probably hear from an insurance adjuster fairly quickly.
It’s fine to report that the accident happened, but before giving a recorded statement or accepting a settlement offer, make sure you understand what you’re being asked to do.
Once certain statements are made or paperwork is signed, it can be difficult to go back and change course.
Learn Your Options Before Making Big Decisions
Every accident is different.
Before deciding how to move forward, take the time to understand your rights and the options available to you.
If you have questions, contact Parker Law Firm. We’re happy to explain the process and answer your questions in plain English.
How Parker Law Firm Investigates Distracted Driving Cases
Distracted driving cases often involve more than reviewing a police report.
Our team looks at the facts from every available angle to better understand what happened.
Depending on the circumstances, that may include reviewing:
- Cell phone records, when available.
- Crash reports.
- Photographs and video.
- Witness statements.
- Vehicle damage.
- Medical records.
- Other evidence related to the collision.
Every case is different, and every investigation follows the facts where they lead.
If additional experts are needed to explain how the crash occurred or the extent of someone’s injuries, we work with qualified professionals to present the strongest possible case.
You can also learn more about Brad Parker and his experience representing injured Texans on our website.
Frequently Asked Questions About Texting While Driving Lawsuits in Texas
Is texting while driving against the law in Texas?
Yes. Texas law generally prohibits drivers from reading, typing, or sending text messages while operating a motor vehicle. The goal is simple: reduce distracted driving and make Texas roads safer for everyone.
Can I file a lawsuit if a texting driver caused my accident?
In many situations, yes. If another driver’s decision to text behind the wheel caused your injuries, you may have the right to pursue compensation for the losses you’ve suffered. Every case is different, so it’s important to understand how the facts apply to your situation.
How can someone prove the other driver was texting?
Several types of evidence may help answer that question.
Depending on the case, investigators may review phone records, witness statements, police reports, photographs, surveillance video, and other available evidence.
Rather than relying on a single piece of information, these cases are often built by considering everything together.
How long do I have to file a texting-while-driving lawsuit in Texas?
In most situations, Texas gives injured people two years from the date of the accident to file a personal injury lawsuit.
Although that may seem like plenty of time, waiting can make it harder to gather important information while it’s still available.
What compensation may be available after a distracted driving accident?
Every case is different.
Depending on the circumstances, compensation may include medical expenses, lost income, property damage, pain, emotional distress, and other losses related to the accident.
The amount depends on the injuries, the available evidence, and how the accident has affected your life.
What if the other driver wasn’t given a ticket?
A traffic citation isn’t required for someone to pursue a personal injury claim.
Even if no ticket was issued, other evidence may still show that distracted driving played a role in causing the collision.
Conclusion
Texting while driving doesn’t just break the law. It puts everyone on the road at risk.
A quick glance at a phone can leave another family dealing with injuries, medical bills, missed work time, and months of uncertainty.
If you’ve been hurt because another driver wasn’t paying attention, you don’t have to sort through everything by yourself.
I’m Brad Parker, the attorney you want but hope you never need.
At Parker Law Firm, we believe people deserve straightforward answers, honest advice, and someone who will take the time to understand what happened. That’s why we’ve built our website to be a resource for Texans looking for reliable information after an accident.
If you’d like to learn more about your rights after a distracted driving crash, visit our car accident resources or explore our personal injury articles for additional information.
If you’re ready to talk with someone about your situation, contact Parker Law Firm. We’ll listen to your story, answer your questions, and explain your options in plain English.
No fee unless we win.
