You probably see it at least once a day. A driver is looking at their phone, putting on makeup, or trying to shave every time their vehicle slows down. These are all examples of distracted driving and accident rates in the Lone Star state are on the rise. 

Did you know that distracted driving accidents in Texas increased by 11% in 2022? Numbers are expected to go up with the release of the next annual traffic report. With distracted driving accidents on the rise, we thought it would be a good idea to address some of your questions.

Does Texas Have a Distracted Driving Law?

Some states have gone so far as to make it illegal to use your phone while driving. If you need to talk on the phone, you must use a hands-free device. The Lone Star state doesn’t take things this far. The only time you can’t use your cell phone is in a school zone. If the lights are flashing, put your smartphone down, it’s Texas law.

Otherwise, you can talk away on your cell phone in Texas as long as you’re out of a school zone. What is illegal across Texas is texting and driving. You also want to pay attention to local ordinances. Just because there isn’t a state law banning cell phone usage while driving, doesn’t mean there isn’t one inside some city limits.

What’s Considered Distracted Driving?

In a nutshell, any time you take your eyes off the road, remove your hands from the steering wheel, or let your mind wander, it’s considered distracted driving. Some common examples of distracted driving include:

• Using electronic devices.
• Reaching for an object inside the vehicle.
• Looking at an object or event outside of the vehicle.
• Eating.
• Applying makeup

Your vehicle passengers can also be distractions, along with any pets along for the ride.

Can I File an Accident Claim in Texas if I’m the Distracted Driver?

You can always file an accident claim with your auto insurance provider, as long as you’re not carrying limited liability. This type of auto insurance only covers damage you cause to someone else’s vehicle.

Texas is a comparative negligence state. This insurance rule lets more than one driver be responsible for causing an accident. As long as your percentage of fault isn’t higher than 50%, you shouldn’t have a problem recovering some of your damages.

Here’s a quick example. If you’re talking on your cell phone and veer into the other lane and are sideswiped by a speeding driver, under comparative negligence guidelines both motorists are negligent. 

A percentage of fault is assigned to all drivers. While this can let you recover compensation, your settlement amount is going to be reduced by your percentage of fault.

How Can I Prove the Other Driver Was Distracted?

Something you’ll learn pretty quickly about accident claims is you always need evidence. In other words, you can’t simply say the other driver was distracted, and that caused the accident. The insurance company is going to ask for proof.

Proving distracted driving can be tricky. After all, you’re not in the vehicle filming the distracted driver. Your police report may list the accident’s cause, most of them do. You can also gather evidence at the accident scene. Don’t put off medical care if your injuries are serious but if you can start documenting the accident scene.

Take pictures of the accident, including your vehicle’s damage. Try to get some shots of your vehicle’s position and any debris lying around. Check around for any traffic and surveillance cameras. Don’t just concentrate on the accident scene, see if there are any cameras before the collision occurred. These cameras may have footage of the other driver not paying attention to the road. Your personal injury attorney can subpoena the footage as evidence.

Don’t forget about vehicle cameras like dash cams. Some newer model vehicles come equipped with the cameras. Eyewitnesses can be invaluable in distracted driving injury claims. There’s a good chance a witness saw the other driver’s behavior before the accident.

Do I Need to Hire a Texas Distracted Driving Accident Attorney?

There isn’t a law in the Lonestar State requiring you to hire a personal injury attorney. This doesn’t mean it’s a good idea for you to take on the insurance company. Distracted driving claims are often complicated. Simply proving distracted driving can be tough.

Working with a personal injury attorney in Texas can make it easier to navigate the claim process. Your attorney can also help ensure you can recover compensation for your distracted driving car collision.