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Your Story Matters to Us

At Davis Law Group, we believe every client’s story deserves to be heard. Texting and driving accidents can cause life-altering injuries and even cost lives. Our experienced legal team, led by double-board-certified attorney Joshua P. Davis, is here to provide honest, kind, responsive, and effective representation. With nearly two decades of experience and over 100 trial victories, our firm has built a reputation for excellence, compassion, and a relentless pursuit of justice. If you or a loved one has been injured in a texting and driving accident, you don’t have to face this challenge alone. We’re here to help you reclaim your life and seek your deserved compensation. Contact us today to book your case consultation.

The Dangers of Texting & Driving

Every second a driver’s eyes are off the road significantly increases the likelihood of a crash. Texting while driving is particularly hazardous because it combines three types of distraction:

  • Visual: Taking your eyes off the road.
  • Manual: Removing your hands from the wheel.
  • Cognitive: Focusing your mind on something other than driving.

Victims of texting and driving accidents often suffer catastrophic injuries, emotional trauma, and financial strain. These accidents are entirely preventable, which is why holding negligent drivers accountable is crucial.

What Areas of Law Cover Texting and Driving Accidents in Texas?

Personal Injury Law

Covers claims for damages such as medical expenses, lost wages, pain and suffering, and emotional distress caused by the negligent actions of a distracted driver.

Traffic Law

Encompasses the violation of Texas texting and driving laws, which prohibit the use of handheld devices while operating a vehicle.

Wrongful Death Law

If a texting and driving accident results in a fatality, the victim’s family may pursue a wrongful death claim to seek justice and compensation for their loss.

Insurance Law

Involves negotiating with insurance companies to secure compensation for damages, often addressing liability and coverage disputes.

Product Liability Law (in rare cases)

A product liability claim may be applicable if a defective phone or app contributed to the distraction.

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Joshua P. Davis with clients

Texas Texting and Driving Laws

In Texas, texting while driving is illegal statewide. The law prohibits drivers from using a handheld device to send, read, or write text-based communication while operating a motor vehicle.

Specific restrictions include:  

  • Statewide Ban: Texting while driving is banned for all drivers, regardless of age.  
  • School Zones: The use of handheld devices is prohibited in active school zones.  
  • Minors and Bus Drivers: Drivers under 18 and school bus drivers (when children are on board) are prohibited from using handheld devices for any purpose.

Who Can Be Held Liable for Texting and Driving Accidents?

In texting and driving accidents, several parties may be held legally liable depending on the circumstances:

  • The Distracted Driver: The driver texting while driving is primarily responsible for any damages caused by their negligence.
  • Employers: If the distracted driver was texting for work purposes or driving a company vehicle, the employer could be held liable under vicarious liability laws.
  • Manufacturers: In rare cases, if a phone or app malfunction contributed to the distraction, the manufacturer of the device or app could be held accountable under product liability law.
  • Third Parties: If a passenger encouraged or knowingly distracted the driver, they might share some liability, depending on the case.
  • Rideshare Companies: In accidents involving Uber, Lyft, or other rideshare drivers, the rideshare company could be partially liable if the driver was distracted while using the app.

Potential Compensation in Texas Texting and Driving Accidents

If you've been injured in a texting and driving accident in Texas, you may be eligible for compensation to cover various damages, including:

Medical Expenses

Reimbursement for past, ongoing, and future medical costs, including hospital stays, surgeries, medications, and physical therapy.

Lost Wages

Compensation for income lost due to missed work and diminished earning capacity if injuries affect your ability to work long-term.

Pain and Suffering

Non-economic damages for physical pain, emotional distress, and diminished quality of life caused by the accident.

Property Damage

Repair or replacement costs for your vehicle and other damaged personal property.

Punitive Damages

In cases of gross negligence, such as texting while driving recklessly, courts may award punitive damages to punish the at-fault driver and deter future misconduct.

Wrongful Death Damages

If a loved one was lost in the accident, compensation may include funeral expenses, loss of companionship, and emotional suffering for surviving family members.

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How Do I Know If I Have a Case?

To determine if you have a case for a texting and driving accident, consider the following key factors:

  • Negligence: If the other driver was texting and driving, they likely violated their duty to drive safely, which is a form of negligence.
  • Causation: There must be a direct link between the other driver’s texting and the accident that caused your injuries or damages.
  • Evidence: Strong evidence, such as police reports, witness statements, phone records proving the driver was texting, and traffic camera or dashcam footage, is crucial to support your claim.
  • Injuries or Damages: You must have sustained injuries or financial losses, such as medical bills, property damage, or lost wages, due to the accident.
  • Legal Compliance: Filing within Texas's statute of limitations is essential. In most cases, you must file a personal injury claim two years from the accident date.

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Why Choose Davis Law Group as Your Houston Texting and Driving Accident Lawyer?

Davis Law Group was founded on the principle of improving lives after traumatic events. Our dedication to helping clients extends beyond legal representation—we aim to impact every aspect of their recovery positively. Here’s what sets us apart from other firms:

  • Proven Results: With over 100 jury trial victories and countless successful settlements, we have the expertise to secure optimal outcomes.
  • Community Commitment: From supporting local charities to volunteering, we’re dedicated to improving our community.
  • Approachable Team: Our clients often commend our responsiveness and genuine care. Whether it’s a quick phone call or a detailed case update, we’re here for you.

Let us help you move forward with confidence and peace of mind. Together, we’ll build a case that seeks fair compensation and promotes accountability on the road. Contact us today to book your consultation and share your story.

Texting & Driving Accident FAQ

What Are Common Signs the At-Fault Driver Was Texting at the Time Of the Accident?

Can Passengers in the At-Fault Driver’s Vehicle File a Claim?

Does Texas Consider Texting and Driving Accidents Gross Negligence?

Is Sending a Single Text Enough to Prove Liability?

Can I Recover Damages if I Was Partially at Fault?

How Do I Get Phone Records to Prove Texting and Driving?

Can a Texting and Driving Accident Lead to Criminal Charges?

Do Insurance Companies Cover Texting and Driving Accidents?

What Should I Do Immediately After a Texting and Driving Accident?

Can I Sue if I Wasn’t Physically Injured in a Texting and Driving Accident?

What Are Common Signs the At-Fault Driver Was Texting at the Time Of the Accident?

Common indicators include the driver’s admission, witness statements, erratic driving patterns before the crash, phone activity logs, and security or traffic camera footage showing the driver using their phone.

Can Passengers in the At-Fault Driver’s Vehicle File a Claim?

Yes, passengers injured in the accident caused by texting and driving can file a personal injury claim against the driver for damages, such as medical bills, lost wages, and pain and suffering.

Does Texas Consider Texting and Driving Accidents Gross Negligence?

In some instances, Texas courts may classify texting and driving as gross negligence if the driver exhibited extreme disregard for safety, potentially allowing for punitive damages.

Is Sending a Single Text Enough to Prove Liability?

Yes, if evidence shows the text was sent or read just before or during the accident, it can establish negligence and liability for the crash.

Can I Recover Damages if I Was Partially at Fault?

Under Texas's modified comparative negligence rule, you can recover damages if you are less than 51% at fault, but your percentage of fault will reduce your compensation.

How Do I Get Phone Records to Prove Texting and Driving?

Your attorney can issue a subpoena to obtain the at-fault driver’s phone records, which can confirm whether they were texting at the time of the crash.

Can a Texting and Driving Accident Lead to Criminal Charges?

Yes, if the accident results in serious injury or death, the at-fault driver could face criminal charges such as vehicular manslaughter or negligent homicide, in addition to civil liability.

Do Insurance Companies Cover Texting and Driving Accidents?

Yes, but insurance companies may try to minimize payouts. Having a lawyer ensures you receive fair compensation for your injuries and damages.

What Should I Do Immediately After a Texting and Driving Accident?

  • Ensure everyone’s safety and call 911
  • Exchange contact and insurance information
  • Document the scene with photos and videos
  • Gather witness information
  • Seek medical attention, even if injuries seem minor
  • Contact an attorney to protect your rights and begin building your case

Can I Sue if I Wasn’t Physically Injured in a Texting and Driving Accident?

Yes, you can still file a claim for non-physical damages, such as emotional distress, property damage, or lost income caused by the accident. However, cases involving only non-physical damages can be more complex and benefit from skilled legal representation.

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