A trip to the grocery store or the school pickup line places your family beside drivers whose attention may be on a phone. Knowing how Texas law treats texting behind the wheel can help you prepare for the steps that follow a preventable crash.
Texas restrictions on texting behind the wheel
State law prohibits reading, writing or sending an electronic message on a cellphone while driving unless the vehicle is stopped. The statute recognizes defenses for uses such as hands-free communication, navigation or summoning emergency help. A first conviction carries a fine of $25 to $99, and the penalties become much harsher when the offense results in death or serious bodily injury.
The violation also matters in a negligence claim because it provides evidence that the motorist failed to use reasonable care. To hold the driver responsible for your losses, however, you must still prove that the distraction caused the collision and your injuries.
Crash risks in busy commercial areas
Near a shopping center, a school route or a crowded intersection, a motorist who reads a message has less time to react to pedestrians, turning vehicles and sudden stops. Distracted driving, which includes more than texting, contributed to nearly one in five crashes in Texas in 2024.
A driver looking at a phone may also miss a changing traffic signal. If you are transporting your children through one of these corridors, a rear or side impact can reach the seats where they ride.
Phone records as evidence of negligence
An attorney uses a subpoena to seek relevant phone records from the other driver’s wireless carrier. Available logs show the timing of calls, texts and data usage around the collision. Those entries alone do not establish that the motorist was handling the device instead of watching the road.
A forensic examination of the phone itself, with consent or court approval, may uncover messaging app activity that carrier logs do not show. The attorney combines the digital findings with traffic camera footage and witness accounts to help the jury determine whether distraction caused the crash.
Compensation claims for injured families
You may pursue compensation through a claim with the texting driver’s insurer or a lawsuit against the motorist. Texas law bars recovery if a judge or jury finds you more than 50% responsible; otherwise, your share of fault reduces any award. A personal injury attorney uses the evidence gathered during the investigation to contest an inaccurate account of your role in the collision.
Phone carriers and nearby businesses often keep data and video for only a limited time. A lawyer promptly sends preservation letters asking them to retain relevant material before they delete it on a routine schedule. These steps help your family seek payment for medical expenses, lost income and other damages.