Distracted Driving Accidents: How Cell Phone Evidence Proves Negligence in Texas
Distracted Driving Accidents: How Cell Phone Evidence Proves Negligence in Texas
Texting drivers cause some of the most preventable injuries in Montgomery County.
The Rise of Distracted Driving in Texas
Distracted driving has become an epidemic. Even with Texas’s ban on texting and driving, drivers continue to scroll social media, check GPS, and answer calls while moving at highway speeds. On I-45 or FM-2978, even a split-second distraction can destroy lives.
When a distracted driver causes a crash, proving their behavior is key to winning the case.
Types of Distracted Driving That Cause Crashes
- Visual — Eyes off the road for notifications or music apps
- Manual — Eating or holding a phone while steering
- Cognitive — Daydreaming or emotional distraction
Phone usage is often the most dangerous because it includes all three.
How We Prove a Driver Was Using Their Phone
Insurance companies won’t take the driver’s word. We gather:
- Cell phone call/text logs
- App usage timelines
- GPS and speed data
- Vehicle black box records
- Surveillance or dash-cam footage
We send immediate preservation letters to phone carriers to stop deletion of key timestamps. This evidence often forces the insurer to admit fault rather than risk a public trial.
Texas Law Favors Victims of Distracted Drivers
Under the Texas Transportation Code, texting while driving is illegal statewide. When a driver breaks a safety law designed to protect others, that’s called negligence per se — and it strengthens your claim.
You may recover damages for:
- Medical expenses & surgeries
- Pain and emotional suffering
- Lost earnings
- Permanent impairment or scarring
- Vehicle damage and rental reimbursement
Common Injuries from Phone-Related Crashes
We frequently see:
- Neck and back trauma
- Brain injuries from sudden impact
- Broken bones and joint damage
- Airbag facial injuries
These impacts are often severe because distracted drivers fail to brake before impact.