Can You Sue For Texting and Driving in Texas?

Unfortunately, texting and driving have become prevalent causes of automotive accidents. Distracted driving, in general, has become very common. Suppose you are involved in an accident where you suspect the other driver was texting while operating their vehicle. In that case, you might be considering the ability to sue them for texting and driving. We’re going to debrief you on the ability to do that and how.

Texting and Driving is Dangerous

As we said, texting and driving have become very common but hazardous. Statistics state that if you are texting and driving, you are 6 times more likely to be involved in a car accident. To put that another way, 10 people die every day because of texting and driving, and 1,000 or more are injured every day. If you aren’t paying full attention to the road while driving, you’re endangering yourself and those around you. Texting increases the time your eyes are OFF the road by 400%. 

Suing the Driver

So what happens if you’re in a car accident and believe the other driver was texting and driving? Can you sue them? Well, the criminal penalty they’ll face is light, but you can still sue them and receive compensation. You can receive compensation whether they are convicted or not. The compensation can be very helpful in paying for damages and medical bills. Your chances of winning the case increase if the other driver is found guilty of texting at the time of the incident. This is because you prove that the accident is their fault due to negligence. Then, if the case goes to trial, the jury will likely consist of fellow drivers who have feelings about motorists who text and drive. 

Proving Distracted Driving

There are multiple ways you can prove the other driver was distracted while operating their vehicle. One way is through law enforcement. They are very skilled at being able to prove the other driver was texting and driving. You can also ask witnesses of the accident. See if they saw the other driver operating a cell phone when the accident occurred. It would help if you took pictures of the scene. Also, you can possibly prove distracted driving if you see a phone on the dash that might’ve been thrown forward due to the crash’s impact. Make sure you capture this in a picture for evidence. Finally, tell your lawyer that you suspect distracted driving as well. They can check social media and even request phone records to see if there was activity on the phone at the time of the accident.


Contact Reynolds and Reynolds today if you were involved in a car accident and suspect distracted driving from the other driver could be the cause. Our lawyers can help you prove if texting and driving were the cause of the wreck and receive compensation for your injuries and damages. So don’t wait; contact our office today for assistance!