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Distracted Driving Is an Epidemic in Texas and You Could Be Its Next Victim

At 60 miles per hour, a driver who glances at their phone for just five seconds has traveled the length of a football field with their eyes completely off the road. That is more than enough distance to destroy your life. Distracted driving has become one of the most serious public safety crises on Texas roads. Despite state and local laws designed to curb the behavior, thousands of Texans are injured every year by drivers who prioritized their screens over the safety of everyone else on the road.

Driver distracted by phone while driving

Texas Law on Distracted Driving

Texas enacted a statewide ban on handheld cell phone use while driving in 2017. It is illegal to read, write, or send electronic messages while operating a vehicle on a public road. Additionally, many Texas cities including McKinney have adopted ordinances with even stricter restrictions on phone use behind the wheel.Violations of these laws can be powerful evidence in a personal injury case. A citation issued to the other driver for phone use is not automatically proof of liability, but it is a significant piece of evidence that an experienced attorney knows how to leverage.

Proving the Other Driver Was Distracted

Drivers who cause accidents while on their phones rarely admit it voluntarily. However, evidence of distraction can be uncovered through several channels:
  • Cell phone records subpoenaed during litigation showing calls, texts, or data use at the time of the crash
  • Surveillance camera footage from nearby businesses or traffic cameras
  • Witness statements from bystanders or other drivers
  • The driver's own social media activity around the time of the crash

Distraction Goes Beyond Cell Phones

While phone use dominates the conversation, distracted driving encompasses any activity that takes a driver's attention away from the road:
  • Eating behind the wheel
  • Adjusting the radio or GPS
  • Interacting with passengers
  • Applying makeup
  • Reading
All of these are common forms of distraction that cause serious accidents every day in Texas.

The Intersection of Distraction and Commercial Vehicle Liability

When a distracted driver is operating a commercial vehicle, the liability exposure multiplies significantly. Companies can be held responsible for their drivers' conduct under the legal theory of respondeat superior, and if the company knew about prior distracted driving incidents and failed to address them, that could support a claim for negligent retention or supervision.

Damages You May Be Entitled to Recover

In a distracted driving accident case in Texas, you may be entitled to recover compensation for:
  • All medical expenses including future care
  • Lost wages and earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Punitive damages in egregious cases
You did not consent to sharing the road with a driver who was staring at their phone. If a distracted driver injured you in Texas, Edgett Hawk Injury Law Firm can help you hold them accountable. Contact us today for a free case evaluation. No fees unless we win.

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