Distracted driving is one of the leading causes of car accidents in Houston and across Texas. If a distracted driver ran a red light, rear-ended your vehicle, or drifted into your lane, you may be entitled to compensation for your injuries. John K. Zaid & Associates represents victims of distracted driving accidents throughout Houston and Harris County — with no fee unless we win.
What Is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the primary task of operating a vehicle safely. The National Highway Traffic Safety Administration (NHTSA) defines three categories of driving distractions:
- Visual distractions — anything that takes your eyes off the road (reading a text, looking at a GPS, watching a video)
- Manual distractions — anything that takes your hands off the wheel (eating, adjusting the radio, typing on a phone)
- Cognitive distractions — anything that takes your mind off driving (daydreaming, intense conversation, fatigue)
Texting while driving combines all three — making it the most dangerous form of distracted driving. Sending or reading a text takes your eyes off the road for an average of 5 seconds — at 55 mph, that’s the length of an entire football field.
Distracted Driving Facts and Statistics
Distracted driving causes tens of thousands of accidents every year in the United States and Texas:
- According to the NHTSA, distracted driving claimed 3,308 lives in a single recent year nationwide
- Texas Department of Transportation (TxDOT) data shows distracted driving contributes to one in five crashes on Texas roads
- In Harris County alone, hundreds of crashes annually are attributed to driver distraction
- Younger drivers (ages 16–29) are disproportionately involved in distracted driving crashes
- Cell phone use is involved in approximately 1 in 4 car accidents in the United States
Most Common Types of Driver Distractions
Driver distractions take many forms beyond just texting. Any of the following can take a driver’s focus off the road long enough to cause a crash:
- Cell phone use and texting — including talking, texting, browsing social media, and using apps
- GPS and navigation systems — programming a destination or looking at the screen while moving
- Eating and drinking — particularly fast-food consumption common on Houston highways
- Adjusting in-car controls — radio, climate control, touchscreen infotainment systems
- Passengers — conversation, children in the back seat, or rowdy passengers
- Personal grooming — applying makeup, shaving, or checking appearance in the mirror
- Rubbernecking — looking at accidents, road work, or other events outside the vehicle
- Daydreaming and fatigue — cognitive distraction that takes your mind off the task of driving
Texas Distracted Driving Law
Texas enacted a statewide ban on texting while driving in 2017 under Texas Transportation Code §545.4251. The law prohibits drivers from reading, writing, or sending electronic messages while operating a vehicle. Violations are punishable by fines of $25–$99 for a first offense and $100–$200 for subsequent offenses, with higher fines if the distracted driving caused serious injury or death.
Houston also has a broader local ordinance that prohibits handheld cell phone use while driving — including talking on a phone not in hands-free mode — within city limits. Violation of these statutes establishes evidence of negligence per se in a personal injury lawsuit, which can significantly strengthen your claim.
How to Prove a Distracted Driving Accident in Texas
Proving that a driver was distracted at the time of your accident requires evidence. Our attorneys investigate and gather:
- Cell phone records: subpoenaed call logs, text records, and data usage can show the driver was on their phone at the moment of impact
- Traffic and surveillance cameras: Houston has an extensive camera network across major intersections and highways
- Eyewitness statements: passengers, bystanders, or other drivers who observed the at-fault driver before the crash
- Police report: officers may note distracted driving as a contributing factor based on witness statements or physical evidence
- Vehicle data (EDR/black box): some vehicles record driver behavior including sudden braking, speed at impact, and steering inputs
- Social media: timestamped posts or stories made at or near the time of the crash can prove phone use
Damages Available in a Distracted Driving Accident Claim
If a distracted driver caused your accident, you may be entitled to recover both economic and non-economic damages under Texas law:
- Medical expenses — emergency room, hospitalization, surgery, physical therapy, and future medical care
- Lost wages and diminished earning capacity
- Pain and suffering and mental anguish
- Permanent impairment or disfigurement
- Property damage to your vehicle
- Punitive damages (§41.003) in cases of gross negligence — such as when a driver was knowingly texting at highway speeds
What to Do After a Distracted Driving Accident in Houston
The steps you take immediately after the crash can protect your right to compensation:
- Call 911 and request police and medical assistance. A police report creates an official record of the crash.
- Stay at the scene and do not move your vehicle unless it poses a safety hazard.
- Observe the other driver. If you see them putting away a phone, note it and tell the police.
- Take photos and video of vehicle positions, damage, skid marks, traffic signals, and the surrounding area.
- Get witness information — names and phone numbers from anyone who saw what happened.
- Seek medical attention immediately, even if you feel fine. Internal injuries and whiplash often don’t show symptoms for hours or days.
- Do not give a recorded statement to the other driver’s insurance company before consulting an attorney.
- Contact a Houston distracted driving accident lawyer as soon as possible to preserve evidence, including cell phone records.
Statute of Limitations for Distracted Driving Cases in Texas
Under Texas Civil Practice & Remedies Code §16.003, you have 2 years from the date of your accident to file a personal injury lawsuit. Missing this deadline typically bars your claim forever. Cell phone records and other digital evidence can be deleted or overwritten quickly — contacting an attorney early is essential.
Frequently Asked Questions
How do I know if the other driver was texting before hitting me?
Your attorney can subpoena the at-fault driver’s cell phone records, which show call times, texts, and data activity. Timestamps can be compared to the exact time of your crash. Video from traffic cameras or nearby businesses may also capture the driver looking down at a phone.
Can I still recover damages if I was partly at fault too?
Yes, under Texas modified comparative fault law (§33.001), you can recover damages as long as you are not more than 50% responsible for the accident. Your recovery is reduced by your percentage of fault — so if the distracted driver was 80% at fault and you were 20% at fault, you recover 80% of your damages.
The police report doesn’t mention distracted driving. Can I still prove it?
Yes. A police report that doesn’t cite distracted driving is not the end. Physical evidence, cell phone records, eyewitness accounts, and surveillance footage can all establish distraction independently of what the officer noted at the scene.
How long does a distracted driving accident case take to settle?
Cases with clear liability and moderate injuries often settle within 6–12 months. Cases involving serious injuries, disputed liability, or bad-faith insurers may take longer. An attorney can help you evaluate a settlement offer against the full value of your claim.
Contact a Houston Distracted Driving Accident Lawyer
If a distracted driver injured you in Houston, you deserve a law firm that knows how to build a distracted driving case from the ground up — including subpoenaing cell phone records, pulling surveillance footage, and negotiating aggressively with insurance companies. Call John K. Zaid & Associates at (281) 333-8959 for a free consultation. No fee unless we win. We serve Houston, Pasadena, Pearland, Sugar Land, and all of Harris County.