If a driver looked at a phone, a screen, or anything but the road and hurt you, you may need a Houston distracted driving accident lawyer. You need someone who can prove what the other driver will not admit. At Joe I. Zaid & Associates, our attorneys investigate these crashes from day one. We look for the phone records, vehicle data, video, and witness accounts that show where the other driver’s attention went.
Distracted driving causes serious harm across Texas. TxDOT attributes 86,384 Texas crashes in 2025 to distracted driving, including more than 2,400 serious injuries and nearly 300 deaths. In most claims, the other driver says the same thing: “I didn’t see you.” That statement does not prove distraction. The insurer knows it. Your claim depends on evidence that can disappear quickly.
We offer free consultations and handle injury cases on a contingency fee basis, so you owe no attorney fees unless we recover compensation. To talk through your crash, request a free consultation or call our Downtown Houston office at (346) 340-0800.
Why Injured Houston Drivers Hire Our Distracted Driving Accident Attorneys
A distracted driving claim is a proof problem. Fault depends on what a driver was doing in the seconds before impact. That driver has every reason to say “nothing.” The insurer then argues the crash was a momentary lapse, a sudden stop, or shared fault.
Joe Zaid spent nearly a decade working inside the insurance industry before he founded Joe I. Zaid & Associates in 2013. That experience gives us practical insight into how insurers evaluate claims, challenge liability, and decide when to settle. We use it to choose which evidence to secure first and to prepare for the defense early.
Clients have left more than 1,500 five-star Google reviews across our four offices. Super Lawyers selected Joe for its 2026 list, and he is a Top 40 Under 40 Trial Lawyer. He is an active member of the Houston Trial Lawyers Association and the Texas Trial Lawyers Association. He has also published articles on legal matters in major publications such as Law360.
Proving Fault When No One Admits It
Our $1.2 million car accident settlement shows how we handle a fault dispute. The client’s previous law firm could not establish who caused the crash, so the insurer had little reason to negotiate. We restarted the claim. We reexamined the police report and gathered witness information. We worked to reconstruct how the crash happened and confirmed the at-fault driver’s insurance coverage. Our liability argument moved the insurer from disputing fault to negotiating, and the case resolved for $1.2 million.
Distraction claims often turn on the same question, so we apply the same discipline. We rebuild the crash from evidence, then confirm what coverage can pay. Past results do not guarantee or predict a similar outcome in future cases, and every case depends on its own facts.
What Counts as Distracted Driving in a Texas Injury Claim
Texting gets the most attention, but distraction takes other forms. Drivers adjust navigation screens, scroll delivery or rideshare apps, reach for dropped items, eat, or turn to talk with passengers. Any of these can pull a driver’s eyes, hands, or mind away from the road.
Your civil claim does not require proof that the driver broke a phone law. Texas negligence law asks whether the driver used ordinary care. A driver who glances at a hands-free screen at the wrong moment can still act negligently. A texting violation, however, can make the case much stronger.
Texas Law on Texting While Driving
Under Transportation Code Section 545.4251, a driver commits an offense by using a portable wireless device to read, write, or send an electronic message, unless the vehicle has stopped. The statute also lists defenses that a driver or insurer may raise after a crash:
- Using a hands-free device
- Following a GPS or navigation system
- Reporting illegal activity, calling for emergency help, or entering traffic or road conditions into an app
- Reading a message the driver reasonably believed concerned an emergency
- Relaying work information to a dispatcher or digital network through a device attached to the vehicle
- Starting a function that plays music
A first offense carries a fine of $25 to $99, and a repeat offense carries a fine of $100 to $200. The offense becomes a Class A misdemeanor if the driver caused another person’s death or serious bodily injury. Because the statute preempts local rules, Houston drivers follow the same texting rule as the rest of Texas. Section 545.425 adds a separate rule for school crossing zones. There, drivers may not use a wireless device unless the vehicle has stopped or the device is hands-free.
Texas cell phone laws also leave gaps. State law does not ban handheld calls for most adult drivers outside school crossing zones. That is one reason a distracted driver can hurt you without breaking a phone law. It is also why your attorney should focus on negligence, not only on the statute.
A citation or clear violation helps show the driver failed to use ordinary care. A missing ticket tells you little. Officers usually arrive after the crash and cannot see what the driver was doing. Reading or sending a message takes a driver’s eyes off the road for seconds. That is why texting while driving is so dangerous at highway speeds.
Distracted Driving Crashes We See in Houston
Houston drivers face long stretches of heavy traffic. Houston TranStar reported that freeway congestion stayed near record levels in 2025, with delays peaking around 7 to 8 a.m. and 5 to 6 p.m. Congestion data does not measure crash risk. Still, stop-and-go traffic leaves little margin for a driver who looks down at the wrong moment.
Rear-End Collisions in Slowing Traffic
A distracted driver may reach the back of a slowed line of traffic without braking. Texas law requires drivers to keep enough distance to stop safely. A driver who checks a phone cannot meet that duty. Rear-end collisions can leave victims with neck, back, and knee injuries. The other driver’s attention is often the main fault question.
Lane Drift, Merging, and Side-Impact Crashes
On freeways such as I-45 and I-10, distraction can cause lane drift and missed merges, especially where frontage roads meet the main lanes. At intersections, a driver who looks away can run a red light or stop sign and cause side-impact collisions. These crashes can produce conflicting stories about who had the right of way. Vehicle data, video, and phone records can settle that dispute.
Drivers on the Clock: Delivery, Rideshare, and Company Vehicles
Work apps create their own distractions. A driver may check a new order, accept a ride request, or follow a dispatch message while moving. The texting statute carves out some work-related use through a mounted device, so these cases need careful proof of what the driver actually did.
When a driver caused the crash while working, the employer may share responsibility, and a commercial policy may add coverage. That can change the value of the claim. We handle Uber and Lyft accident claims, food delivery driver accidents, and other commercial vehicle accident claims. In these cases, app activity, dispatch logs, or company records may show the distraction.
Fatal Crashes Involving a Distracted Driver
When a distracted driver kills someone, the family faces grief and a legal deadline at the same time. Evidence matters just as much in fatal car accident claims. The family often cannot ask the injured person what happened. We investigate the other driver’s phone use and vehicle data to build the liability case.
How a Houston Distracted Driving Accident Attorney Proves Distraction
Courts do not accept a hunch that a driver looked at a phone. To prove a driver was distracted after an accident, you need records, data, and testimony that match the moment of impact. We start collecting that proof on day one because much of it is easy to lose.
What the Crash Report Shows and What It Misses
The Houston Police Department says crash reports need five to eight days of processing before the public can obtain them. We review the report for the officer’s narrative, witness names, diagram, and contributing factors. We then compare it with the physical evidence, because police reports can contain errors that hurt your claim.
The report also shows how hard distraction is to document. TxDOT’s 2025 records list 76,918 crashes with driver inattention as a contributing factor but only 557 with texting. A crash can carry several factors, and the codes come from officer reports. Those numbers suggest officers can record inattention far more often than they can confirm phone use.
Phone Records, App Logs, and Preservation Letters
Phone and app records can show whether a driver was texting, calling, or using an app at the moment of impact. Carriers keep these records for limited periods, and the periods vary. Before a lawsuit, you cannot force the other driver or the carrier to hand them over.
So we send preservation letters early. Depending on the case, we send them to the driver, the insurer, and any employer that may hold dispatch logs or app data. Once a lawsuit begins, we can use discovery requests and subpoenas to seek the records.
We do not count on a court remedy after evidence disappears. In Brookshire Bros., Ltd. v. Aldridge, the Texas Supreme Court limited spoliation instructions. A court may give one only after intentional destruction, or after negligent loss that leaves a party without any meaningful way to present a claim or defense. An early letter protects the evidence better than a late argument.
Vehicle Data and Event Data Recorders
Many newer vehicles store data about speed, steering, and brake use. Texas limits who can retrieve this data. Under Transportation Code Section 547.615, someone other than the owner generally needs the owner’s consent or a court order. An event data recorder may show that a driver never braked before impact, which can point to inattention. Repairs and salvage sales can erase that data, so timing matters.
Video, Witnesses, and the Driver’s Own Words
We look for dashcam footage, nearby business cameras, and witnesses who saw the other driver before the crash. Passengers in either vehicle can matter. We also look for what the driver said at the scene. A statement like “I looked down for a second” can carry real weight.
In a lawsuit, we can take the driver’s deposition and ask about messages, calls, apps, and social media use around the crash. A driver who denied phone use to the adjuster must then answer under oath.
Fault Disputes and Comparative Responsibility
Texas follows a modified comparative responsibility rule. Under Chapter 33 of the Civil Practice and Remedies Code, a finding that you are more than 50 percent responsible bars recovery. If you are 50 percent or less responsible, the court reduces your damages by your percentage.
That rule gives the other driver’s insurer a reason to shift blame. Adjusters may claim you braked suddenly, changed lanes late, sped, or entered the intersection on a stale yellow. A distracted driver may also say a navigation app or hands-free call explains the crash. We answer these claims with evidence. Comparative negligence can reduce a recovery even when the other driver clearly made a serious mistake.
We also examine the factors that determine fault in car accidents, including right of way, following distance, and speed. Strong evidence of the other driver’s distraction can offset arguments about your own driving.
Insurance Issues in Distracted Driving Claims
Coverage limits and early fault disputes shape most distracted driving claims.
- Policy limits: Transportation Code Section 601.072 sets minimum liability coverage at $30,000 per person, $60,000 per crash, and $25,000 for property damage. Serious injuries can exceed those amounts quickly. We investigate the policy limit and other available coverage early.
- Employer and commercial coverage: If the driver was working, we look for a business policy, a fleet policy, or a rideshare or delivery policy that may apply.
- Uninsured and underinsured motorist coverage: Texas insurers must include this coverage in auto liability policies unless the policyholder rejects it in writing. It may help when the distracted driver has too little insurance or none, including when an uninsured driver hit you in Houston.
Adjusters will also ask questions about you. They may ask whether you were using your phone, what you were doing before impact, and how you felt at the scene. A recorded statement can lock in your answers before you understand the claim, so think carefully before you give a recorded statement after a car accident. The same caution applies to every call with the adjuster. A first offer may also arrive before you know the full extent of your injuries, so weigh whether the initial settlement offer is worth accepting.
Medical records also drive the insurer’s valuation. Gaps in treatment, delayed care, and prior conditions give adjusters room to argue the crash did not cause your injuries. We work with your medical providers to help you get the care you need and to document how the injuries affect your daily life.
Compensation in a Distracted Driving Accident Claim
No two distracted driving claims have the same value. Several factors drive value. Injury severity and permanence matter most. Future treatment costs, work limitations, the strength of the distraction proof, and available coverage also matter.
A claim can include medical expenses, lost wages, reduced earning capacity, pain, mental anguish, physical impairment, and disfigurement. Non-economic losses are harder to document than medical bills. We build proof of pain and suffering in a Texas car accident through treatment records, work history, and daily limitations. Prior injuries do not end a claim either. Pre-existing injuries can affect a car accident settlement, but the question is whether the crash made them worse.
Texas also allows exemplary damages in some cases. They require clear and convincing evidence of fraud, malice, or gross negligence under Section 41.003 of the Civil Practice and Remedies Code. That is a higher bar than ordinary negligence. Your claim’s core value still comes from the losses the crash caused.
Texas Deadline for a Distracted Driving Lawsuit
Section 16.003 of the Civil Practice and Remedies Code generally requires you to file a personal injury lawsuit within two years after the claim accrues. In a death case, the two years start on the date of death. Specific facts can change these deadlines, so do not wait to speak with a lawyer.
Evidence can disappear long before the deadline. Phone records, app data, vehicle data, and video may not last. The sooner we send preservation letters, the better your chance of keeping that proof.
What to Do After a Crash With a Distracted Driver
You do not need to prove distraction at the scene. You can protect the evidence we may need later.
- Tell the officer what you saw, such as a phone in the driver’s hand or a driver looking down, and ask that it appear in the report.
- Get names and phone numbers for witnesses, including passengers.
- Write down what the other driver said, using their words as closely as you can.
- Photograph the vehicles, the scene, and any traffic or signal conditions, but do not touch the other driver’s phone.
- See a doctor and follow your treatment plan.
- Keep your own phone, messages, and social media accounts as they are. Do not delete anything.
- Talk to a lawyer before you give the other driver’s insurer a recorded statement.
These steps help, but they are not a substitute for legal advice. If a distracted driver hurt you, the first call to our team can help you decide what to preserve and what to avoid.
What Hiring Our Houston Distracted Driving Accident Lawyers Involves
You do not pay us up front. We handle injury cases on a contingency fee basis, so you owe no attorney fees unless we recover compensation. Your first consultation is free, and you can ask questions about fault, insurance, treatment, and timing before you decide.
After you hire us, the work starts quickly. We identify the parties, confirm liability and coverage, investigate the policy limit, and send preservation letters. We collect photos, video, police reports, and witness information while the evidence is fresh. We keep you informed about what comes next, and we answer questions about treatment, insurance, and settlement timing.
We prepare each claim as if it may need a lawsuit. If an insurer will not treat the claim fairly, we can file suit in the Harris County civil courts. Most clients want to know how long it takes to settle a personal injury lawsuit. The honest answer depends on the injuries, the evidence, and how the insurer responds.
Distraction is only one cause of Houston car accident claims, and each cause changes the evidence and the defense. If your crash involved something other than a phone, such as a drunk driver or a hit-and-run, tell us. We will build the case around what actually happened.
Distracted Driving Accident Questions in Houston
Can I sue a distracted driver if the police did not issue a ticket?
Yes. A civil claim depends on negligence, not on a citation. A ticket can help, but officers often cannot see what a driver was doing before the crash. Phone records, vehicle data, video, and witness accounts can prove the claim without one.
Can I get the other driver’s phone records right away?
No. You generally cannot obtain them directly before a lawsuit. A lawyer can send a preservation letter early. Once a case is filed, your lawyer can use discovery and subpoenas to seek the records. Courts may limit the request to the period around the crash.
What if I was also looking at my phone?
Tell your attorney the truth from the start. Texas does not bar a claim unless a jury finds you more than 50 percent responsible. Insurers also look at your phone use, so do not delete messages or apps.
Can a passenger in the distracted driver’s car file a claim?
Yes. A passenger injured by a distracted driver can make a claim. Insurance coverage often pays it, not the driver’s own savings. Many passengers hesitate when the driver is a friend or relative. We can explain how the claim works before you decide.
How much is a distracted driving accident case worth?
It depends on the facts. Injury severity, medical costs, lost income, proof of distraction, and available insurance all affect value. No lawyer can promise a specific amount, and we do not make promises about outcomes.
Will my distracted driving case go to trial?
Many injury claims settle without a trial. The outcome depends on whether the insurer evaluates the evidence fairly. We prepare each case as if it may need litigation, which often improves settlement negotiations.
Contact Our Houston Distracted Driving Accident Lawyers
If a distracted driver hurt you or a family member, contact Joe I. Zaid & Associates for a free consultation. We represent injured Houstonians on a contingency fee basis, so you owe no attorney fees unless we recover compensation. Our four Houston-area offices are open 24 hours daily:
- Downtown Houston office: 1001 Texas Ave Suite 1400, Houston, TX 77002, (346) 340-0800
- Pasadena office: 4701 Preston Ave, Pasadena, TX 77505, (346) 756-9243
- Clear Lake office: 16821 Buccaneer Ln #226, Houston, TX 77058, (346) 690-0500
- Humble office: 5616 Farm to Market 1960 Rd E Suite 290D, Humble, TX 77346, (346) 594-0500
Call the office closest to you or send a message through our site. A Houston distracted driving accident attorney from our team can review your crash, explain your options, and start protecting evidence.
