Distracted Driving

Texas Distracted Driving Accident Lawyers

A driver glancing at a text for two seconds at 60 mph covers the length of a football field with nobody really watching the road. Ali Law Group's distracted driving accident attorneys represent people injured by distracted drivers across Texas — the kind of preventable crash where the driver had every opportunity to just put the phone down.

Texting While Driving Is Illegal in Texas — and That Matters for Your Case

Texas isn't just morally opposed to distracted driving; it's against the law. Under Texas Transportation Code §545.4251, drivers can't read, write, or send an electronic message while the vehicle is moving, with narrow exceptions for hands-free use, GPS, and reporting an emergency. Drivers under 18 can't use a phone at all, even hands-free, and nobody can use a handheld device in a school zone. If the violation causes serious injury or death, it escalates from a minor traffic fine to a Class A misdemeanor.

That statute does more than set a fine schedule. A driver who was texting at the time of the crash was breaking the law, and that violation is powerful evidence in a civil case — it goes directly to showing the driver failed to keep a proper lookout and wasn't operating the vehicle safely. Any texting and driving accident lawyer will tell you that a statutory violation like this is often the strongest starting point a case can have.

The evidence that proves it doesn't last long. Cell carrier records, app metadata from things like Snapchat, Waze, or Spotify, and the vehicle's own event data recorder — its "black box," which captures speed, braking, and steering in the seconds before impact — all get overwritten or deleted on their own schedules, sometimes within weeks. We move quickly to send preservation letters to carriers and vehicle owners and subpoena the data before it's gone. If a party destroys evidence after being put on notice to preserve it, Texas courts can instruct the jury to assume that missing evidence would have hurt their case — which is exactly why acting fast matters as much as knowing what to look for.

What Counts as Distracted Driving

Traffic safety researchers group driver distraction into three categories: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). Texting is uniquely dangerous because it hits all three at once — a driver reading or composing a message has their eyes down, their hands on a device, and their attention somewhere other than the road, all at the same time.

Texting gets the most attention, but Texas law and the facts of real cases cover more than that. Eating, adjusting a GPS, reaching for something in the back seat, arguing with a passenger, scrolling social media at a red light and not looking up in time — any of it can take a driver's eyes, hands, or attention off the road long enough to cause a crash. In 2022, the National Highway Traffic Safety Administration found that distraction-affected crashes killed roughly 3,308 people and injured about 289,310 nationwide. It's not a rare event — it's a routine cause of serious injury on Texas roads.

What to Do After a Distracted Driving Accident

Call the police and get an official report — it's often the first solid documentation that the crash happened and how. Get medical attention even if you feel fine at first, since injuries like whiplash and internal trauma don't always show up right away, and that gap in treatment can be used against you later. Photograph the vehicles, the road, and your injuries, and get contact information from anyone who saw what happened.

Report the crash to your own insurer, but avoid giving a recorded statement to the other driver's insurance company, and don't say anything that could be read as accepting blame, before talking to a distracted driving accident attorney. That conversation is free, and insurers often want to settle fast before you know the full extent of what you're dealing with — which is exactly why waiting to accept any offer matters.

What Your Case Might Be Worth

What you can recover depends on your injuries and what you can document, not a formula. Medical costs are usually the starting point — treatment now, and whatever care is still ahead. From there, it can include lost income if the crash kept you from work, vehicle repair or replacement, the physical and emotional toll of the injury, and in serious cases, how it's affected your relationship with a spouse or your ability to care for your children.

Prior results do not guarantee a similar outcome. Every case is decided on its own facts.

Distracted Driving Accident FAQs

What counts as distracted driving under Texas law?

Texting is specifically illegal under Texas Transportation Code §545.4251, but distraction more broadly includes anything that takes a driver's attention off the road — eating, adjusting a GPS, talking to passengers, or reaching for something while the vehicle is moving.

How do you prove the other driver was distracted?

Phone records, police reports, witness statements, and sometimes surveillance or dashcam footage. A citation issued at the scene for a §545.4251 violation is especially strong evidence because it shows the driver broke a specific law at the time of the crash. A distracted driving accidents lawyer can move quickly to subpoena and preserve this evidence before it's gone.

What if the distracted driver didn't have enough insurance to cover my injuries?

It happens more than people expect, especially with serious injuries that outpace a minimum liability policy fast. If that's the case, your own uninsured/underinsured motorist (UM/UIM) coverage may fill the gap — a lot of Texas drivers don't realize they even have it until they need it. We check this early, since it changes how the case gets built.

Does the two-year filing deadline mean I have time to wait before calling someone?

Not really. You generally have two years to file suit, but the evidence that actually proves distraction — carrier records, app data, black box downloads — can be gone within weeks, long before that legal deadline is anywhere close. The practical deadline and the legal one aren't the same thing here.

What does it actually cost to hire a distracted driving accident lawyer at Ali Law Group?

Nothing upfront, and nothing if we don't win — even if the insurance company disputes liability from the start, which happens often in these cases. Our fee comes out of the settlement only if we recover something for you. The case review itself is free.

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Injured by a Distracted Driver?
Let's Hold Them Accountable.

If a distracted driver hit you in Texas, Ali Law Group can look into what happened and what your case is worth.