Driving demands full attention, and the signs that another driver was texting are usually visible in the moments right before a crash, if you know what to look for. Texting while driving is not just careless, it is illegal in Texas, and understanding the warning signs can matter a great deal if you are involved in an accident caused by a distracted driver. Dale Rose, with a background in law and firsthand experience as a former police officer, brings a unique perspective to these cases.
Texas Law on Texting and Driving
Texas Transportation Code Section 545.4251 makes it illegal to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. A violation of this statute can serve as evidence of negligence in a civil personal injury claim, separate from any traffic citation the driver may receive. Establishing that the other driver violated this law strengthens your case by showing the driver breached a specific legal duty rather than simply acting carelessly in a general sense.
Identifying Inattentive Driving Behaviors
The first step in recognizing a texting driver is observing their driving patterns. Inconsistent speeds are a common indicator. A driver who is texting often fails to maintain a steady speed, accelerating or decelerating erratically and not in sync with traffic flow. Additionally, look for signs of delayed responses to traffic signals, since a texting driver might be slow to move when a light turns green or slow to stop at a red light.
Another tell-tale sign is erratic lane movement. Drivers absorbed in their phones may not maintain a straight trajectory and might drift between lanes or hug the lane markers. Also watch the driver’s head movements. If they frequently glance down or seem to be looking at something in their lap, they are likely distracted by a device.
Physical Evidence and Witness Accounts
In the unfortunate event of an accident, physical evidence and witness accounts become crucial. Physical evidence at the scene, such as skid marks or the absence of them, can indicate whether the driver was distracted. A lack of skid marks might suggest the driver did not brake before the collision, possibly because they were distracted by a text.
Witness accounts are equally valuable. Bystanders or other drivers might have seen the driver using their phone, and collecting statements from them can strengthen your case if legal action becomes necessary.
Technology and Legal Aspects
Advancements in technology also play a role in proving distraction. Some modern vehicles come equipped with systems that record driving data, including sudden braking or steering inputs, and this information can be instrumental in showing that the other driver was distracted. Cellphone carrier records can also be subpoenaed to show activity at the time of the crash, including whether a text was sent or received within seconds of the collision.
Legally, proving that the other driver was texting can significantly affect the outcome of a claim or lawsuit. In Texas, where Dale Rose practices, the law is clear about the dangers and illegality of texting while driving, and that clarity can work in your favor when building a negligence case.
How to Request Cellphone Records After a Crash
Cellphone records are not something you can typically obtain on your own. In most cases, an attorney requests these records through a formal discovery process once a lawsuit has been filed, or sends a preservation letter to the driver’s cellphone carrier shortly after the crash to prevent records from being deleted before a formal request can be made. Timing matters, since carriers generally only retain certain records for a limited period before they are purged from their systems.
The Texas Statute of Limitations for Distracted Driving Claims
Texas law generally gives you two years from the date of the accident to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline can prevent you from recovering compensation altogether, even with strong evidence that the other driver was texting. Evidence of distracted driving, including cellphone and vehicle data, can also become harder to obtain the longer you wait, since some records are only preserved for a limited time.
What to Do Immediately After a Suspected Distracted Driving Crash
If you believe the other driver was texting, act quickly to preserve evidence while it is still available. Take photographs of both vehicles, the road, and any visible injuries before anything is moved or repaired. If witnesses are nearby, ask for their names and contact information, since they may not be listed in the police report if they leave the scene before officers arrive.
When speaking with police, describe anything you observed that suggested the other driver was distracted, such as erratic movement before the crash or the driver looking at a phone immediately afterward. This detail becomes part of the official record and can support your claim later, even if the officer does not issue a citation for the distraction itself.
Common Injuries From Texting-Related Crashes
Because a distracted driver often fails to brake or swerve in time, texting-related crashes frequently involve higher speeds at impact than crashes where a driver reacts and attempts to avoid the collision. This can lead to more severe injuries, including whiplash, traumatic brain injury, spinal cord damage, and broken bones. Documenting the full extent of your injuries, including symptoms that appear days after the crash, helps make sure your claim reflects the true cost of your recovery.
Why Choose Dale R. Rose for Your Case?
If you are involved in an accident and suspect the other driver was texting, having strong legal representation matters. Dale Rose’s background as a police officer combined with decades as an attorney provides a distinct advantage in handling these cases.
Our firm understands the nuances of personal injury law and is practiced at gathering the evidence needed to build a strong case. We recognize the complexities involved and are committed to helping you pursue accountability. Our approach is not just about legal representation, it is about standing up for your rights and safety.
How Can Dale R. Rose Help You?
Choosing Dale R. Rose means working with a firm that combines legal knowledge with a real understanding of the dynamics of traffic accidents, especially those involving texting and driving. We guide you through the legal process, from collecting evidence to representing you in court if necessary.
Our goal is to help you pursue the compensation you deserve and protect your rights along the way. You can also learn more about our firm and how we build distracted driving cases for clients throughout North Texas. Contact us today through our contact form to discuss your case and how we can help you.
Frequently Asked Questions About Texting and Driving Claims
Is texting while driving illegal in Texas?
Yes, Texas Transportation Code Section 545.4251 makes it illegal to read, write, or send an electronic message while driving unless the vehicle is stopped. A violation can support a finding of negligence in a personal injury claim in addition to any traffic citation.
How can I prove the other driver was texting if there is no ticket?
A citation is not required to prove distracted driving in a civil claim. Evidence such as witness statements, a lack of skid marks, vehicle event data, and cellphone carrier records can all help establish that the other driver was texting at the time of the crash.
Can I request the other driver’s phone records myself?
Cellphone records typically require a formal legal request, either through discovery in a filed lawsuit or a preservation letter sent to the carrier. An attorney can help make sure these requests are timely, since some records are only kept for a limited period.
How long do I have to file a claim involving a distracted driver?
Texas generally gives you two years from the date of the accident to file a personal injury lawsuit. Acting quickly also helps preserve time-sensitive evidence like cellphone records and vehicle data.
Does distracted driving affect how fault is assigned in Texas?
Yes, evidence of texting while driving can be a significant factor in how fault is assigned under Texas comparative negligence rules. Strong evidence of the other driver’s distraction can help support a higher share of fault being assigned to them.