Texting while driving is one of the most dangerous forms of distracted driving, significantly increasing the risk of car accidents. In Texas, strict laws prohibit texting behind the wheel, yet many drivers still engage in this reckless behavior, leading to severe injuries and fatalities.
If you or a loved one has been injured in a texting and driving accident, proving the at-fault driver’s negligence is crucial to recovering compensation. Below, we break down Texas’ texting while driving laws, how to establish fault, and what legal options are available to accident victims.
Is Texting While Driving Illegal in Texas?
Yes. Under Texas Transportation Code § 545.4251, texting while driving has been illegal statewide since 2017. The penalties for violating this law include:
- First offense – a fine of up to $99
- Subsequent offenses – Fines up to $200
- Accidents causing injury or death – Potential criminal charges, including fines and jail time
In addition to state laws, some Texas cities, like San Antonio and Austin, have even stricter local ordinances banning all handheld phone use while driving.
If a driver who was texting caused your accident, they could face both criminal penalties and civil liability. Victims can pursue compensation through an insurance claim or by filing a personal injury lawsuit.
How to Prove the Driver Who Hit You Was Texting
Holding a texting driver accountable requires strong evidence demonstrating their distraction caused the crash. Texas follows a comparative fault rule, meaning you must prove the other driver was at least 51% responsible to recover damages. Here’s how you can establish fault:
Phone Records
Your attorney can request the at-fault driver’s phone records to determine if they were sending or receiving messages at the time of the crash. This evidence can be especially powerful in proving liability.
Security Camera & Dash Cam Footage
Traffic cameras, business surveillance footage, and dash cams from nearby vehicles may capture the driver using their phone before the accident. Texas highways and major cities like San Antonio or Dallas have extensive traffic camera networks that may provide crucial evidence.
Witness Testimony
Bystanders, passengers, and other drivers may have seen the at-fault driver using their phone. Eyewitness testimony can strengthen your claim, especially if multiple people confirm the driver was distracted.
Police Reports
Texas law requires accidents involving injury or death to be reported to law enforcement. Officers will document their observations, interview witnesses, and note any signs of distracted driving in their police report. This official report can be used as evidence in your claim.
Accident Reconstruction Experts
Forensic experts can analyze skid marks, vehicle damage, and crash dynamics to determine if the at-fault driver was distracted before the collision. Their testimony can be invaluable in proving negligence.
What Compensation Can You Recover in a Texas Texting and Driving Accident?
If you were injured due to a texting driver, you may be entitled to recover economic and non-economic damages through an insurance claim or personal injury lawsuit. The exact amount will depend on the severity of your injuries, the impact on your life, and other factors.
Economic Damages (Financial Losses)
These are measurable expenses related to your accident, including:
- Medical expenses – This can cover emergency medical care, hospital stays, surgeries, medications, physical therapy, and long-term rehabilitation.
- Lost Wages & Reduced Earning Capacity – If your injuries prevent you from working temporarily or permanently, you may be compensated for lost wages, benefits, and diminished earning capacity.
- Property Damage —This includes repair or replacement costs for your vehicle and compensation for any damaged personal belongings.
Non-Economic Damages (Intangible Losses)
These damages compensation for the emotional and physical toll of the accident:
- Pain and Suffering – Covers physical pain and chronic discomfort resulting from the crash.
- Emotional Distress & Mental Anguish – Many accident victims experience anxiety, depression, PTSD, and sleep disturbances following a traumatic crash.
- Loss of Enjoyment of Life – If your injuries prevent you from engaging in activities you once loved, such as hobbies, sports, or family events, you may be entitled to compensation.
Wrongful Death Damages (For Fatal Accidents)
If a texting and driving accident results in death, the victim’s surviving family members may file a wrongful death lawsuit. Compensation may include:
- Funeral and burial expenses – Covers the costs of a proper memorial and service.
- Loss of financial support – If the deceased was the primary earner, their family can seek compensation for lost income and future earnings.
- Loss of companionship – Spouses, children, and parents can seek damages for the emotional loss of a loved one.
- Medical expenses prior to death – If the victim received medical treatment before passing, those costs may be included in the claim.
Texas’ Statute of Limitations
Texas law gives victims two years from the date of the accident to file a personal injury or wrongful death lawsuit. If you miss this deadline, you may lose your right to compensation. However, exceptions may apply in cases involving minors or delayed injury diagnoses.
Because proving damages can be complex, working with a skilled Texas car accident attorney can help maximize your compensation and ensure you receive the financial support you need.
Contact a Texas Car Accident Lawyer at The Law Giant Today
Proving a texting and driving accident case can be complex, but you don’t have to navigate the legal process alone. The experienced attorneys at The Law Giant Personal Injury and Accident Lawyers has the experience and resources to build a strong case on your behalf.
Call us at 956-277-9125 or fill out our online contact form to schedule a free, no-risk consultation today. We’ll fight to secure the compensation you deserve.
