Skip to content 
Why Houston Drivers Need Legal Protection from Distracted Driving Crashes
A Houston distracted driving attorney can help you recover compensation when another driver’s phone use, eating, or other distractions cause your accident. Here’s what you need to know:
Key Services & Benefits:
– Free case evaluation – No upfront costs or fees unless you win
– Evidence gathering – Subpoena phone records, analyze crash data, interview witnesses
– Insurance negotiation – Fight for full compensation beyond initial settlement offers
– Texas law expertise – Steer state texting bans and comparative fault rules
– Trial experience – Ready to take your case to court if needed
Typical Compensation Includes:
– Medical expenses and ongoing treatment costs
– Lost wages and reduced earning capacity
– Pain, suffering, and emotional distress
– Property damage and vehicle replacement
– Punitive damages in severe cases
The Texas Department of Transportation reported 403 deaths from distracted driving accidents on Texas roadways in 2023, with over 20% of all crashes involving some form of distraction.
Houston’s heavy traffic and complex highway system make distracted driving especially dangerous. When drivers take their eyes off the road – even for just a few seconds – the results can be devastating. If you’ve been injured by a distracted driver, you’re likely facing mounting medical bills, lost income, and an insurance company that wants to minimize your claim.
As Jonathan H. Cox, I’ve spent over two decades helping Houston accident victims steer the legal system and recover fair compensation. After serving as a prosecutor and trying over 30 jury trials, I now focus exclusively on personal injury cases as a Houston distracted driving attorney through The Cox Pradia Law Firm.
Basic Houston distracted driving attorney terms:
– Houston auto accident lawsuit
– Houston highway accident attorney
Distracted Driving in Houston: Scope and Risks
Houston’s sprawling road network creates unique challenges for drivers. With over 2.3 million residents navigating complex interchanges on I-45, I-10, and the Loop, even a two-second glance at a text message can be deadly. At 60 mph, you’re traveling 176 feet completely blind during those two seconds.
Distracted driving involves three types: Visual distraction occurs when drivers take their eyes off the road to look at phones or GPS devices. Manual distraction happens when hands leave the steering wheel to eat or adjust controls. Cognitive distraction is when your mind wanders from driving due to phone conversations or emotional stress.
In 2024, 373 people died in distracted driving crashes across Texas, with 2,587 others suffering serious injuries. Nearly one in five crashes on Texas roads involved a distracted driver.
Common Distractions on Houston Roads
Cell phone use remains the biggest threat because it combines all three types of distraction. GPS and navigation systems pose another major risk, as programming them while driving takes critical attention away from the road.
Many Houston drivers eat and drink during long commutes, while grooming activities like applying makeup are common during rush hours. Passengers and pets create additional challenges, and even in-vehicle technology like climate controls can divert attention from driving.
How Often Does It Happen?
TxDOT’s 2024 data shows distracted driving was a factor in thousands of crashes across Harris County. Teen drivers face particularly high risks – the AAA Foundation found that in 58% of moderate-to-severe accidents involving teen drivers, the driver was engaged in non-driving behavior in the 6 seconds before the crash.
Scientific research on distracted driving from NHTSA reveals that 97,853 crashes in 2019 (17.4% of all crashes) in Texas involved distracted driving, resulting in 378 fatalities and 2,500 serious injuries.
These statistics highlight why having a Houston distracted driving attorney can be crucial if you’re injured in one of these preventable crashes.
Texas Laws & Liability Framework
When you’re hurt by a distracted driver in Houston, Texas law provides strong legal protections. Texas Transportation Code § 545.4251 makes it illegal for any driver to read, write, or send electronic messages while operating a vehicle.
The law gets stricter in certain situations. All handheld device use is banned in school zones, and drivers under 18 face a complete prohibition on using any handheld devices while driving. Many Houston-area cities have enacted their own ordinances banning handheld device use entirely while driving.
| Law Type | Restriction | Penalty |
|---|---|---|
| State Law | No texting while driving | $25-$99 fine |
| School Zones | No handheld devices | Up to $200 fine |
| Under 18 | No handheld devices | Fine + license points |
| Local Ordinances | Varies by city | City-specific penalties |
When a driver violates these laws and causes your accident, it creates negligence per se – meaning the driver is automatically considered negligent because they broke the law.
Texas follows a modified comparative fault rule that protects your right to compensation even if you weren’t perfect. As long as you’re less than 51% responsible for the accident, you can still recover damages, though your compensation will be reduced by your percentage of fault.
Time is critical – Texas gives you two years from the accident date to file a lawsuit. Evidence disappears quickly, so the sooner you contact a Houston distracted driving attorney, the better.
Penalties & Citations That Help Your Case
When police cite a distracted driver, it strengthens your injury claim. Standard texting violations result in fines between $25 and $99 for first-time offenders, with repeat offenders facing fines up to $200.
Penalties get more serious when distracted driving causes injuries. If texting leads to serious bodily injury, the driver faces Class A misdemeanor charges with fines up to $4,000 and potential jail time. When distracted driving kills someone, prosecutors can file negligent homicide charges.
Comparative Negligence Rules
Insurance companies will look for any reason to reduce their payout by claiming you were partially at fault. Texas’s 51 percent bar rule works like this: If you’re awarded $100,000 but found 20% at fault, you receive $80,000. If you’re 51% or more responsible, you get nothing.
Our experience with Comparative Fault in Texas and Its Impact on Car Accident Claims helps us build cases that maximize your compensation while minimizing any fault assigned to you.
Proving the Other Driver Was Distracted
Proving distracted driving requires detective work and technical expertise. The challenge is that distracted driving often happens in the privacy of someone’s car, but modern technology becomes your ally.
Cell phone records tell the real story. Through subpoenas, we obtain detailed logs showing exactly what the other driver was doing on their phone at the time of your crash – call times, text messages, social media activity, and GPS location data.
Police reports often contain admissions where drivers tell officers they were “just checking a quick text.” Eyewitness testimony from other drivers who saw the crash can be incredibly powerful. Traffic cameras, dashcams, and surveillance footage sometimes capture the moments leading up to your crash.
Accident reconstruction experts analyze whether the other driver showed signs of trying to avoid the collision. Distracted drivers often don’t brake or swerve because they don’t see the danger coming.
Scene Evidence You Can Gather
While we handle the complex legal investigation, there are steps you can take right after the crash if you’re physically able:
Taking photos of everything is crucial – vehicle damage, skid marks, and the overall scene. Listen carefully to what the other driver says, as people sometimes blurt out admissions. Get witness contact information immediately, and document the exact time and location.
The patterns of vehicle damage often reveal whether a driver was paying attention. When distracted, drivers typically don’t brake before impact, resulting in more severe damage. For more information, see our guide on Proving Fault in Car Wreck Liability.
Tech & Expert Tools
Modern vehicles have onboard telematics systems that record speed, braking patterns, and whether the driver was using the car’s infotainment system. Event data recorders capture the final seconds before a crash, showing vehicle speed, brake application, and steering angle.
Human factors experts help explain driver behavior to juries, testifying about reaction times and how distractions affect a person’s ability to respond to road hazards. The cell phone metadata we obtain goes beyond simple call logs – we can see app usage and determine if someone was actively typing when the crash occurred.
Compensation, Deadlines & Your Financial Recovery
When another driver’s distraction causes your accident, Texas law allows you to recover compensation for the full range of damages.
Medical expenses include your emergency room visit, hospital stays, surgeries, physical therapy, and future medical care. Lost wages go beyond missed paychecks – if your injuries prevent you from returning to your previous job, you can recover compensation for that reduced lifetime earning capacity.
Pain and suffering includes your physical pain, emotional distress, and how your injuries have changed your daily life. Property damage covers more than just fixing your car – you’re entitled to rental costs and the diminished value of your repaired vehicle.
In severe cases involving particularly reckless behavior, Texas courts may award punitive damages. PTSD and psychological trauma are increasingly recognized, as many accident victims develop anxiety about driving or experience flashbacks.
Time is critical – Texas gives you two years from the accident date to file a lawsuit, but waiting can seriously hurt your case. You need to start preserving evidence immediately, as phone companies keep detailed records for only a limited time.
For a complete overview, see our guide on Car Accident Lawyer in Houston: After a Crash.
How Comparative Fault Affects Payout
Insurance companies will look for any way to blame you for the accident. In Texas, if you’re found partially at fault, your compensation gets reduced by your percentage of blame. If you’re 20% at fault for a $100,000 settlement, you’d receive $80,000. But if they prove you’re 51% or more at fault, you get nothing.
This is where having an experienced Houston distracted driving attorney becomes crucial. Insurance adjusters start building their defense from the moment you call to report the accident.
Special Cases: Teens & Commercial Drivers
Teen driver cases often involve additional complications. Texas completely bans handheld devices for drivers under 18, making it easier to prove negligence. Parents can also be held liable when their teenage child causes an accident.
Commercial driver cases operate under stricter rules. The Federal Motor Carrier Safety Administration completely prohibits handheld device use for commercial drivers. These cases often involve higher insurance coverage and multiple potentially liable parties, including the trucking company and employer.
Why You Need a Houston Distracted Driving Attorney
Hiring a Houston distracted driving attorney levels the playing field against insurance companies and their teams of adjusters, investigators, and lawyers.
Expert Evidence Gathering – We have the resources and legal authority to:
– Subpoena phone records and social media data
– Hire accident reconstruction experts
– Preserve electronic evidence before it’s deleted
– Interview witnesses and gather statements
– Analyze vehicle data recorders and telematics
Insurance Negotiation Leverage – Insurance companies take cases more seriously when represented by experienced attorneys. We know their tactics and can counter lowball settlement offers.
Trial Experience – About 95% of personal injury cases settle before trial, but insurance companies only offer fair settlements when they know you’re prepared to go to court.
No Upfront Costs – We work on a contingency fee basis, meaning you pay nothing unless we win your case.
When Should You Call a Houston Distracted Driving Attorney?
Immediately After the Accident – The sooner you contact us, the better we can preserve evidence. Electronic data can be deleted within days.
Before Talking to Insurance Companies – Insurance adjusters are trained to minimize claims. Having legal representation prevents you from making statements that could hurt your case.
When Injuries Are Serious – If you’ve suffered significant injuries requiring ongoing medical treatment, the stakes are too high to handle the case yourself.
For Free Consultation – There’s no risk in speaking with us about your case. We provide honest assessments of your claim’s value.
How a Houston Distracted Driving Attorney Strengthens Your Case
Comprehensive Investigation – We dig deeper than insurance company investigations to uncover all evidence of distraction through detailed phone record analysis, witness interviews, and expert accident reconstruction.
Strategic Case Development – Every case is unique, and we develop custom strategies based on the strength of available evidence, severity of injuries, and likelihood of trial versus settlement.
Expert Witness Network – We work with specialists in accident reconstruction, human factors, medical treatment, economic damages, and digital forensics.
For commercial vehicle cases, see our guide on Distracted Driving: Houston Truck Wreck Attorney.
Frequently Asked Questions about Distracted Driving Claims
After a distracted driving accident, you probably have questions about recovery, medical bills, and fault. Let me address the most common questions we receive.
What steps should I take right after a crash?
Your safety comes first. Move your vehicle out of traffic if possible and call 911 immediately – even if the accident seems minor. Police reports are crucial evidence.
Document everything you can. Take photos of vehicle damage, skid marks, and the overall scene. Get the other driver’s insurance information and witness contact information.
Seek medical attention even if you feel fine. Adrenaline can mask pain, and injuries often don’t appear for 24 to 72 hours.
Don’t apologize or admit fault, and don’t give detailed statements to insurance companies without talking to a Houston distracted driving attorney first.
How long do I have to file a lawsuit?
Texas gives you two years from the date of your accident to file a personal injury lawsuit. Miss this deadline, and you lose your right to compensation forever.
Special situations can change this timeline. Cases involving government vehicles might have as little as six months to file a notice of claim.
Evidence disappears quickly. Phone companies delete detailed records after a few months. Surveillance footage gets overwritten. The sooner you start your case, the stronger your evidence will be.
Can I recover damages if I was partly at fault?
Yes, you can still recover compensation even if you bear some responsibility. Texas follows modified comparative negligence, allowing you to collect damages as long as you’re less than 51% at fault.
If you’re awarded $100,000 but found 20% responsible, you’ll receive $80,000. However, if you’re 51% or more at fault, you get nothing.
Insurance companies will try to pin as much blame on you as possible. Don’t let them shift the blame unfairly. An experienced attorney knows how to counter these tactics and protect your right to fair compensation.
Conclusion
Getting hurt by a distracted driver feels overwhelming. One moment you’re driving normally, the next you’re dealing with injuries, medical bills, and insurance companies that seem more interested in protecting their bottom line than helping you recover.
You don’t have to handle this alone. At The Cox Pradia Law Firm, we combine personalized attention with aggressive legal advocacy to fight for every dollar you deserve. When you work with us, you’re not just another case number – you’re a person who deserves justice and fair compensation.
Our free case evaluation means you can learn about your legal options without any financial risk. We’ll review what happened and give you an honest assessment of your case’s value. If we take your case, you pay nothing upfront and nothing unless we win.
Don’t let insurance companies pressure you into accepting less than you deserve. They have teams of lawyers working to minimize your claim. You should have experienced legal representation fighting just as hard for you.
The two-year deadline for filing your claim might seem far away, but evidence disappears quickly. Phone records get deleted, witnesses move away, and memories fade. The sooner you contact a Houston distracted driving attorney, the stronger your case will be.
Ready to take the next step? Reach out through our Contact Us page or give us a call. We’re here to help you get your life back on track.
And please – help us prevent more of these tragic accidents. Put your phone down when you drive. That text message isn’t worth someone’s life. Stay safe, stay focused, and don’t text and drive.
