If a distracted driver caused your accident, you may have a right to pursue compensation for your medical bills, lost wages, and pain and suffering under Texas negligence law.
Houston distracted driving accident lawyers at the NMW Law Firm represent people injured by texting drivers, phone-distracted motorists, and other negligent operators across Harris County and the greater Houston area.
The firm handles these claims alongside truck accidents, car accidents, rideshare collisions, and catastrophic injury cases throughout Texas.
Texas law prohibits texting while driving under Transportation Code § 545.4251, and a violation that causes a crash may serve as direct evidence of fault.
NMW's attorneys gather cell phone records, accident reconstruction data, and witness testimony to build injury claims and hold distracted drivers accountable. Call (713) 714-2563 for a free case review.
Get a Free ConsultationHow Does the NMW Law Firm Handle Distracted Driving Cases in Houston?
NMW represents injured people in distracted driving accident claims across the greater Houston area, from collisions on I-610 and I-45 to crashes along Westheimer, Bellaire Boulevard, and the Katy Freeway.
The firm's attorneys have litigation experience in car accidents, commercial trucking collisions, rideshare accidents, and wrongful death claims, all of which frequently involve distracted driving as a contributing factor.
A Team Built for Serious Injury Claims
Nicholas Wills, Keith Bakker, Hugo Montes, and David Ghably each bring trial and negotiation experience to distracted driving cases. Keith Bakker has secured millions of dollars in settlements through his work on trucking and auto accident claims.
Past results do not guarantee future outcomes, as every case depends on its own facts.
The firm offers bilingual representation in English and Spanish and operates 24/7 from its Houston office at 3 Greenway Plaza, Suite 1575.
Investigating the Evidence of Distraction
Proving that the other driver was distracted requires more than your word against theirs. NMW's attorneys work to build a case using multiple sources of evidence, each one aimed at establishing what the other driver was doing at the time of the crash.
- Cell phone records and data extraction reports showing calls, texts, or app activity at the time of the collision
- Accident reconstruction analysis that accounts for speed, braking patterns, and point of impact
- Witness statements from passengers, bystanders, or other drivers who saw the at-fault driver on their phone
- Surveillance footage from nearby businesses, traffic cameras, or dashboard cameras
That evidence becomes the foundation of your claim, whether it moves forward through an insurance negotiation or into a Harris County courtroom.
What Makes Distracted Driving Accidents Different from Other Car Crashes?
Distracted driving accidents frequently involve a driver who had reduced or no awareness of the approaching collision, which may mean higher impact speeds and more severe injuries.
A driver who is reading a text message is less likely to brake, swerve, or take any evasive action before impact.
That reduced reaction time separates many distracted driving crashes from other types of collisions where the at-fault driver at least attempted to avoid the crash.
Three Types of Driver Distraction
The National Highway Traffic Safety Administration (NHTSA) identifies three categories of distraction that affect a driver's ability to operate a vehicle safely.
- Visual distraction takes a driver's eyes off the road, such as looking at a phone screen or GPS device
- Manual distraction takes a driver's hands off the wheel, such as reaching for food or adjusting controls
- Cognitive distraction takes a driver's mind off the task of driving, such as having an intense conversation or daydreaming
Texting while driving combines all three types of distraction at the same time, which is why it carries some of the highest risk for causing serious injury collisions.
According to NHTSA, sending or reading a text takes a driver's eyes off the road for roughly five seconds, and at 55 mph, that distance covers the length of an entire football field.
Common Distracted Driving Behaviors Beyond Texting
Texting gets the most attention, but many other forms of distraction lead to crashes on Houston roads every day.
- Scrolling through social media or browsing the internet while behind the wheel
- Watching videos or video chatting through a phone mounted on the dashboard
- Adjusting navigation apps or entering destinations while the vehicle is moving
- Eating, drinking, or grooming while driving in heavy traffic
- Interacting with passengers or reaching into the back seat
Any of these behaviors may form the basis of a negligence claim if the distraction directly contributed to the crash. The challenge lies in proving it, which is where phone records, data downloads, and eyewitness accounts become valuable pieces of evidence.
What Does Texas Law Say About Distracted Driving?
Texas prohibits drivers from reading, writing, or sending electronic messages while operating a motor vehicle.Texas Transportation Code § 545.4251 has been in effect statewide since September 2017.
A first-time violation carries a fine of up to $99, and repeat offenses carry fines of up to $200. If texting while driving causes serious bodily injury or death, penalties may increase to fines of up to $4,000 and up to one year in jail.
Statewide Rules and Local Ordinances Across Texas
The statewide law targets electronic messaging specifically, but it does not create a blanket ban on all handheld phone use for adult drivers.
Houston follows the statewide texting ban but, unlike cities such as Austin and San Antonio, has not adopted a broader local ordinance prohibiting all handheld phone use while driving.
However, some neighboring jurisdictions and other major Texas cities do enforce stricter hands-free rules, so coverage may vary depending on where the accident occurs.
Regardless of whether a local ordinance applies, any form of phone-related distraction that contributes to a crash may serve as evidence of negligence in a civil claim.
How a Traffic Violation Strengthens an Injury Claim
When a driver violates a safety statute like § 545.4251 and that violation leads to a collision, Texas courts may apply a legal concept called negligence per se. In some cases, violating the texting-and-driving law may help prove the driver acted negligently.
If you were injured by a distracted driver in Houston, proving distraction early may strengthen your injury claim. NMW Law Firm investigates distracted driving accidents by reviewing phone records, crash evidence, and witness statements to help build strong cases for injured clients across Harris County. Call (713) 714-2563 for a free case review today.
What Damages May You Recover After a Distracted Driving Crash in Houston?
Compensation in a Houston distracted driving injury claim depends on the severity of the injuries, the cost of treatment, and the impact on your ability to work and live your daily life.
Texas law divides recoverable damages into economic and noneconomic categories under Texas Civil Practice and Remedies Code § 41.001.
Economic and Noneconomic Damages in a Distracted Driving Case
The following table breaks down the types of damages that may be available in a Texas distracted driving accident claim.
Economic damages carry documented costs, while noneconomic damages address the personal impact of the injury.
| Category | Type | Examples |
| Economic | Medical expenses | Emergency care, surgery, hospitalization, rehabilitation, prescription medication, future treatment |
| Economic | Lost income | Wages lost during recovery, reduced earning capacity if the injury limits your ability to return to work |
| Economic | Property damage | Vehicle repair or replacement, damaged personal belongings |
| Noneconomic | Physical pain and suffering | Ongoing pain from the injury, discomfort during recovery and rehabilitation |
| Noneconomic | Mental anguish | Anxiety, depression, emotional distress, post-traumatic stress related to the accident |
| Noneconomic | Loss of enjoyment | Inability to participate in hobbies, activities, or daily routines you engaged in before the injury |
| Noneconomic | Disfigurement or impairment | Scarring, permanent physical limitations, or loss of bodily function |
Juries in Harris County and surrounding courts evaluate noneconomic damages based on the testimony and evidence presented at trial, and there is no statutory cap on these damages in standard personal injury cases in Texas.
How Does Texas Fault Law Affect a Distracted Driving Claim?
Texas follows a modified comparative fault system under Texas Civil Practice and Remedies Code § 33.001, also known as proportionate responsibility.
Under this rule, a person injured in a distracted driving crash may recover compensation as long as they are not more than 50 percent at fault for the accident.
If a jury or insurance adjuster assigns the injured person 51 percent or more of the responsibility, that person is barred from recovering any damages.
Why Insurance Companies Try to Shift Blame
Insurance adjusters frequently argue that the injured person was partially responsible for the crash. Their tactics follow a familiar pattern, and recognizing them early may help you protect your claim.
- Requesting a recorded statement soon after the accident, hoping you say something that implies fault
- Arguing that you were speeding, following too closely, or failed to take evasive action
- Suggesting that your injuries existed before the accident or are less severe than your medical records indicate
- Offering a quick, low settlement before you know the full extent of your medical needs
Every percentage point of fault assigned to you reduces your total recovery by that same percentage.
For example, if a jury awards $200,000 in damages but assigns you 20 percent of the fault, your recovery drops to $160,000. If the adjuster successfully pushes your fault above 50 percent, you recover nothing.
That tactic is one of the primary reasons why having strong evidence of the other driver's distraction matters from the start of your case.
What Happens If the Distracted Driver Was Working for a Rideshare or Delivery Company?
The insurance picture changes significantly when the at-fault driver was working for a rideshare or delivery company like Uber, Lyft, or DoorDash at the time of the crash.
Under Texas Insurance Code Chapter 1954, transportation network companies (TNCs) must maintain liability coverage for their drivers, but the amount of available coverage depends on the driver's app status at the moment of the collision.
Rideshare Insurance Coverage Tiers in Texas
Texas law breaks rideshare driving into distinct coverage periods, and the available insurance limits shift depending on which period was active at the time of the crash.
- App off: Only the driver's personal auto insurance applies, which in Texas must meet the state minimum of $30,000 per person and $60,000 per accident for bodily injury
- App on, waiting for a ride request: The TNC must provide contingent liability coverage of at least $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
- Ride accepted or passenger in the vehicle: The TNC must provide $1 million in commercial liability coverage for bodily injury and property damage, plus uninsured and underinsured motorist coverage
Identifying which coverage period applies often becomes the central dispute in a rideshare accident case. Insurance companies for both the driver and the TNC may each try to shift responsibility to the other.
An attorney who handles rideshare accident claims may help you determine which policies are available and pursue the full amount of coverage that applies to your situation.
Ask NMW Law Firm
Do I need a lawyer for a distracted driving accident in Houston?
You are not required to hire an attorney, but distracted driving cases often involve disputes over who was at fault and how severe your injuries are.
An attorney may help you preserve phone records, gather witness statements, and counter the insurance company's attempts to reduce or deny your claim. NMW offers free consultations so you may evaluate your options before making a decision.
How long do I have to file an injury claim after a distracted driving accident in Texas?
Texas law sets a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code § 16.003. The clock starts on the date of the accident. Missing this deadline may permanently bar you from pursuing a claim, so starting the process early gives your legal team more time to build a strong case.
What if the distracted driver does not have enough insurance to cover my injuries?
Texas requires drivers to carry a minimum of $30,000 in bodily injury liability coverage per person and $60,000 per accident. If the at-fault driver's policy does not cover the full extent of your losses, you might have additional options, including your own underinsured motorist coverage or a personal injury lawsuit filed directly against the at-fault driver.
FAQs for Houston Distracted Driving Accident Lawyers
How do you prove the other driver was texting at the time of the accident?
Your attorney may subpoena the other driver's cell phone records to establish a timeline of calls, texts, and app usage around the time of the crash.
Accident reconstruction analysis, data extracted from the phone itself, dashboard camera footage, and statements from witnesses who saw the driver looking at a phone all contribute to building a distraction case.
The more sources of evidence available, the harder it becomes for the other side to deny what happened.
What types of injuries are common in distracted driving accidents?
Distracted driving crashes frequently result in rear-end collisions and T-bone impacts because the distracted driver fails to brake or react in time.
Common injuries include whiplash, herniated discs, broken bones, traumatic brain injuries, spinal cord damage, and soft tissue injuries. The severity depends on the speed of impact and whether the injured person was a driver, passenger, pedestrian, or cyclist.
What happens if I was partially at fault for the accident?
Under Texas proportionate responsibility law, you may still recover compensation if your share of the fault is 50 percent or less. Your total recovery decreases by the percentage of fault assigned to you.
If the other driver was texting and you were slightly over the speed limit, a jury might assign you 10 to 15 percent of the fault, which reduces your award but does not eliminate it.
What if the distracted driver was a commercial truck driver?
A distracted driving accident involving an 18-wheeler or commercial vehicle may involve additional parties and higher insurance limits. Federal Motor Carrier Safety Administration (FMCSA) regulations prohibit commercial drivers from texting or using handheld phones while operating a commercial motor vehicle.
A violation of those federal rules may strengthen a negligence claim and open additional avenues of liability against the trucking company and its insurer.
Does Texas require hands-free phone use while driving?
Texas does not currently have a statewide ban on all handheld phone use for adult drivers. The statewide law under § 545.4251 prohibits reading, writing, or sending electronic messages while driving.
However, several Texas cities, including Austin and San Antonio, have adopted local ordinances that go further and ban all handheld device use behind the wheel. Legislative efforts to expand the statewide ban to include all handheld use have been introduced but have not yet passed.
Take Action with a Houston Distracted Driving Accident Lawyer Today
The evidence that ties a distracted driver to your accident does not last forever. Phone records may be overwritten, surveillance footage may be deleted, and witnesses may become harder to locate as time passes.
Texas law gives you two years from the date of the accident to file a personal injury claim, but building a strong case starts well before that deadline.
The attorneys at the NMW Law Firm have the trial experience and resources to investigate your crash, identify every available source of recovery, and fight for the compensation you may be owed. Call (713) 714-2563 for a free case review today.