Texting and Driving: The Facts About Distracted Driving Accidents

Texting and driving is one of the most dangerous—and preventable—causes of car crashes in Texas. When a driver looks down at their phone, lives can change in an instant. If you or someone you love is now living with the consequences of that choice, we’re here to help.

A Split-Second Distraction Can Change Everything

According to TxDOT crash data, nearly 20% of all reported accidents in 2024 involved driver distraction. These incidents led to hundreds of deaths and thousands of serious injuries. At Trust Guss Injury Lawyers, we’ve seen how quickly a moment of inattention can change a life. Our team is here to help victims of distracted driving pursue justice, hold negligent drivers accountable, and fight for the compensation they deserve.

If you or a loved one has been injured in a texting-and-driving crash, call 888-298-4070 or contact us online for a free consultation. We’re available 24/7, and you pay nothing unless we win.

Why Trust Guss?

At Trust Guss Injury Lawyers, we know how devastating a distracted driving crash can be—because we’ve seen it firsthand. For over 20 years, we’ve stood up for injured Texans and grieving families across the state. We handle everything: investigating the crash, dealing with insurance adjusters, and building the strongest possible case. We take the time to understand your story and tailor our approach to your needs, and you’ll never owe us a dime unless we win. Our team is available 24/7 to answer your questions and fight for your future with the compassion and commitment you deserve.

Texting Behind the Wheel Puts Lives at Risk

Texting behind the wheel pulls your eyes, hands, and mind off the road, all at once. It’s a dangerous mix that puts everyone at risk.

• Visual: Your eyes leave the road
• Manual: Your hands leave the wheel
• Cognitive: Your mind leaves the task of driving

Just five seconds to read a message at 55 mph means traveling the length of a football field without watching the road. On crowded Texas highways, that’s more than enough time for disaster to strike.

What Does Texas Law Say About Texting While Driving?

Since 2017, Texas Transportation Code § 545.4251 has prohibited drivers from reading, writing, or sending electronic messages while operating a motor vehicle, unless stopped. This includes texts, emails, instant messages, or any electronic communication.

City-Level Hands-Free Ordinances

Some cities, such as Austin, El Paso, and San Antonio, go further, enforcing hands-free ordinances that ban all handheld device use while driving. These local rules are designed to make roads safer, but they also create additional liability for drivers who break them.

Civil vs. Criminal Consequences

While the criminal fines are relatively small, the civil consequences after a crash can be substantial. A driver who causes an accident while texting may face claims for negligence, or even gross negligence, especially if their actions show a willful disregard for safety.

Proving Distracted Driving Isn’t Always Easy

Even with clear laws in place, proving that a driver was texting at the time of a crash can be difficult. Police officers rarely catch someone in the act. In most cases, there is no direct evidence unless the driver admits to texting, a witness saw the device in use, or the phone’s screen was visibly active when the officer approached the vehicle.

Insurance Companies Exploit the Lack of Evidence

Because citations for texting are uncommon, insurance companies often exploit this lack of documentation. Adjusters may argue that there’s no proof the driver was distracted, or they may downplay the role of texting altogether. That lack of evidence can make it easier for insurers to deny responsibility or offer far less than you deserve.

For injured victims, this makes independent investigation critical. Experienced attorneys know how to uncover the truth by seeking phone records, interviewing witnesses, and partnering with specialists in crash analysis to demonstrate distraction and prove liability.

Trust Guss Injury Lawyers

We Uncover the Truth After a Distracted Driving Crash

Don’t let an insurance company downplay the impact of a distracted driving crash. Call 888-298-4070 or contact our Texas distracted driving lawyers online today for a free, no-obligation consultation. We’re ready to fight for the compensation you deserve.

How We Prove the Driver Was Distracted

In a Texas personal injury claim, showing that the at-fault driver was texting can be a critical part of proving negligence. This evidence can include:

• Cell phone records (call logs, text logs, data timestamps)
• Preservation of social media or app messaging data
• Witness statements and crash reconstruction evidence

Our experienced attcar corneys move quickly to issue preservation letters, prevent data deletion, and request subpoenas where necessary.

Are Employers Liable in Commercial Cases?

When a texting driver is on the job, their employer may also be responsible. This often applies to delivery drivers, commercial truck drivers, rideshare operators, and sales reps.

Under the legal principle of respondeat superior, an employer can be liable if the driver was acting within the scope of employment. Additionally, companies may face direct liability if they:

• Failed to implement or enforce a hands-free policy
• Knew the employee had a history of distracted driving
• Created work conditions that encouraged unsafe phone use

Commercial insurance policies often provide greater coverage, which can be critical in catastrophic injury or wrongful death cases.

Texting in School or Work Zones Puts Everyone in Greater Danger

Texting while driving is especially serious in designated areas like school zones and construction zones. These areas have enhanced penalties and receive closer scrutiny in civil claims. A driver caught texting in these zones faces higher fines and a greater risk of punitive damages if someone is hurt.

Wrongful Death and Severe Injury Cases

When texting causes a fatal crash, surviving family members may file a wrongful death claim under Texas Civil Practice and Remedies Code § 71.002. Damages can include loss of financial support, loss of companionship, and funeral expenses. For serious non-fatal injuries, victims may also have a survival claim for medical costs, lost income, pain and suffering, and ongoing care needs.

Technology That Can Help—And Hurt

New technologies aim to reduce distracted driving: phone apps that block texts while driving, in-vehicle voice systems, and fleet monitoring tools. However, these same tools can create digital footprints that serve as evidence in lawsuits. In litigation, Event Data Recorders (black boxes), telematics data, and dash cam footage can all reveal whether a driver was focused or distracted at the moment of a crash.

Contact Our Experienced Distracted Driving Accident Lawyers Today

Texting and driving puts everyone at risk, and when it causes harm, the law is clear about holding drivers accountable. Our team at Trust Guss Injury Lawyers has the experience, resources, and determination to handle these complex cases. If you’ve been hurt in a texting-and-driving accident, call 888-298-4070 or contact us online for your free consultation. Let us help you pursue justice and the compensation you may be entitled to. Contact us today to take the first step forward.