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Where Experience, Ethics, and Aggressive Representation Converge

With deep knowledge of Texas laws and a proven track record in personal injury cases, our dedicated distracted driving accident attorneys in Houston offer personalized legal support from your initial consultation to a successful resolution.

At Davis Law Group, our extensive experience, robust expertise, and unwavering commitment to ethical legal practices set us apart as a trusted authority in Houston. We continuously update our strategies based on the latest legal precedents and state regulations, ensuring our clients receive informed, effective advocacy.

Our team's compassionate approach, combined with aggressive representation, ensures that your rights are fiercely protected every step of the way. Contact us today to schedule your free consultation, and let us help you achieve the justice and compensation you deserve.

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What Is Distracted Driving?

Distracted driving occurs when a driver engages in any activity that diverts their attention from the road. Common examples include:

  • Texting or using a smartphone (reading or sending messages, browsing social media, making calls)
  • Eating or drinking
  • Adjusting the radio or GPS
  • Talking to passengers
  • Grooming (applying makeup, fixing hair, etc.)
  • Reaching for objects inside the vehicle

Even a momentary distraction can lead to catastrophic accidents, causing severe injuries and fatalities. Examples include:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries and paralysis
  • Broken bones and fractures
  • Internal organ damage
  • Severe burns and lacerations
  • Wrongful death

Texas Distracted Driving Laws

Since September 1, 2017, Texas law prohibits drivers from reading, writing, or sending electronic messages while operating a motor vehicle. This includes activities such as texting, emailing, and instant messaging. Violations can result in fines ranging from $25 to $99 for a first offense and up to $200 for subsequent offenses.

Additional restrictions apply to less experienced drivers:

  • Drivers Under 18: Prohibited from using any wireless communication devices while driving, including hands-free devices.
  • Drivers with Learner's Permits: Banned from using handheld cell phones during the first six months of driving.

To enhance safety in sensitive areas:

  • School Zones: All drivers are prohibited from using handheld devices while driving through active school crossing zones.
  • School Bus Drivers: Forbidden from using cell phones while driving if children are present.

Who Can Be Held Liable in Texas Distracted Driving Accident Claims?

The Distracted Driver

The primary at-fault party in most cases is the driver who was engaged in distracted behavior. Whether they were texting, eating, or adjusting their GPS, their negligence can make them financially responsible for the damages caused.

Employers of Distracted Drivers

If the at-fault driver was operating a company vehicle or was on duty at the time of the accident, their employer may be held liable under Texas’s vicarious liability laws. This is common in cases involving commercial drivers, delivery workers, or rideshare drivers.

Rideshare and Delivery Companies

Companies like Uber, Lyft, DoorDash, and Amazon Flex may share liability if their policies encouraged or contributed to driver distraction. For instance, if a driver was checking an app for delivery instructions while driving, the company’s role may be scrutinized in a lawsuit.

Vehicle Manufacturers or Technology Companies

If a defective vehicle feature (such as a malfunctioning infotainment system) contributed to driver distraction, the car manufacturer could be held partially liable under product liability laws.

Government Entities

In rare cases, a local or state government entity may be held responsible if poor road design or a lack of proper signage contributed to the crash. However, suing a government entity involves complex legal procedures and shorter deadlines.

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How Much Compensation Can I Expect?

If you’ve been injured in a distracted driving accident in Houston, you may be entitled to significant financial compensation. The amount you could receive depends on several factors, including:

  • The severity of your injuries and medical expenses
  • Whether you suffered permanent disabilities or impairments
  • The degree of negligence by the distracted driver
  • The available insurance coverage and policy limits
  • The strength of the evidence supporting your claim

Types of Compensation

Economic Damages (Financial Losses)

Economic damages cover tangible losses directly tied to the accident, including:

  • Medical Expenses: Coverage for hospital bills, doctor visits, surgeries, rehabilitation, and ongoing medical care.
  • Lost Wages: Compensation for time missed at work due to recovery.
  • Future Lost Earnings: If your injuries affect your ability to work long-term, you may receive compensation for reduced earning potential.
  • Property Damage: Reimbursement for vehicle repair or replacement costs.
  • Other Out-of-Pocket Expenses: This may include transportation costs for medical visits, assistive devices (wheelchairs, prosthetics), and home modifications if necessary.

Non-Economic Damages (Pain & Suffering)

These damages compensate for the emotional and physical toll of your injuries, such as:

  • Pain and Suffering: Compensation for physical pain and long-term discomfort caused by the accident.
  • Emotional Distress: Covers anxiety, depression, PTSD, and other psychological impacts.
  • Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once loved, you may be compensated.
  • Loss of Consortium: If your injuries affect your relationship with your spouse or family, compensation may be awarded.

Punitive Damages (In Cases of Extreme Negligence)

In some cases, courts may award punitive damages to punish the at-fault driver for reckless or grossly negligent behavior, such as texting while speeding or driving while impaired. These damages are meant to deter similar conduct in the future.

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Proving Liability in a Distracted Driving Case

To recover compensation, we must prove that the other driver was distracted and caused the accident. Our skilled distracted driving accident lawyers in Houston gather critical evidence such as:

  • Cell phone records to show texting or phone use at the time of the crash
  • Traffic camera footage capturing the driver's actions before impact
  • Eyewitness testimony from passengers or bystanders
  • Vehicle data showing erratic driving behavior
  • Police reports that document the cause of the accident

With years of experience handling personal injury claims, Davis Law Group has the resources and expertise to build a strong case on your behalf.

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Why Choose Davis Law Group As Your Distracted Driving Accident Lawyer in Houston?

When you’ve been injured in a distracted driving accident, choosing the right attorney can make all the difference in the outcome of your case. At Davis Law Group, we are dedicated to fighting for the rights of accident victims, ensuring they receive the justice and compensation they deserve. Our firm has recovered millions for injured clients in Texas. We have the experience and skill needed to take on insurance companies and negligent drivers, ensuring you receive the maximum compensation for your injuries.

Unlike general practice firms, Davis Law Group specializes in personal injury cases, meaning we know the complexities of Texas accident law and how to build a winning case against distracted drivers. We treat every case with care and dedication, providing compassionate legal support while aggressively pursuing your best interests. You are not just another case to us—you are a person who deserves justice.

If you or a loved one has been injured in a distracted driving accident, don’t wait to seek legal help. Texas law limits the time you have to file a claim, so taking action now is crucial. Contact us today.

Joshua P. Davis
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Distracted Driving Accident FAQ

How long do I have to file a distracted driving accident claim in Texas?

Can I still recover compensation if I was partially at fault for the accident?

Can I sue a rideshare driver for causing a distracted driving accident?

What if the distracted driver was uninsured or underinsured?

Are hands-free devices considered distracted driving in Texas?

What should I do immediately after a distracted driving accident?

How long does it take to settle a distracted driving accident case?

How long do I have to file a distracted driving accident claim in Texas?

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you fail to file your claim within this period, you may lose your right to seek compensation. However, exceptions may apply in certain cases, such as if the victim is a minor.

Can I still recover compensation if I was partially at fault for the accident?

Yes. Texas follows a modified comparative fault rule, meaning you can still recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 20% at fault and awarded $100,000, your final compensation would be $80,000.

Can I sue a rideshare driver for causing a distracted driving accident?

Yes, if an Uber, Lyft, or other rideshare driver caused the accident due to distraction, you may file a claim against the driver’s personal insurance or the rideshare company's policy, depending on whether they were logged into the app and transporting a passenger.

What if the distracted driver was uninsured or underinsured?

If the at-fault driver doesn’t have enough coverage, you may file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage if included in your policy. Our attorneys will explore all avenues to secure compensation.

Are hands-free devices considered distracted driving in Texas?

While hands-free devices are legal for most drivers, studies show they still create cognitive distractions, increasing accident risks. If a driver using a hands-free device was still negligent, they may be held responsible.

What should I do immediately after a distracted driving accident?

To protect your rights and strengthen your case, you should: 1. Call 911 and report the accident. 2. Seek medical attention immediately, even if injuries aren’t visible. 3. Document the scene with photos/videos of the vehicles and road conditions. 4. Collect witness information and contact details. 5. Avoid speaking to the insurance company before consulting an attorney.

How long does it take to settle a distracted driving accident case?

Settlement times vary depending on the complexity of the case, the severity of injuries, and whether the insurance company is willing to negotiate fairly. Some cases resolve in months, while others require litigation, taking longer.

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