A driver looked down at a text, and now you’re hurt. You didn’t do anything wrong. You were just driving, and someone who couldn’t wait five minutes to check their phone slammed into you. That’s not bad luck. In Texas, that’s against the law, and it changes everything about your claim.
Texas Made Texting While Driving Illegal
Texas banned texting while driving across the whole state. A driver can’t read, write, or send an electronic message while the car is moving. It’s not a gray area. It’s a rule, and the person who hit you broke it.
You can read the statewide ban in the Texas Transportation Code. But here’s what you really need to know: when a driver breaks a safety law and that’s what caused the wreck, it helps prove they were negligent. You don’t have to guess whether they were careless. The law already spelled out what careful looks like, and they ignored it.
Distracted Driving Is More Than Texting
Texting is the obvious one. It’s not the only one. A driver checking a map, scrolling a playlist, eating, or turning around to yell at a kid in the back seat is distracted too. If their eyes weren’t on the road when they hit you, that’s on them, not you.
Why This Matters For Your Claim
Insurance companies fight over one thing above all: who’s at fault. When the other driver was on their phone, you’ve got a strong answer. A broken safety law is powerful proof. It moves the fault conversation in your direction before you say a word.
But the other side won’t just hand you that. The adjuster will look for a way to pin some of the blame on you. Maybe you were going a little fast. Maybe you changed lanes. They’ll poke at it. That’s why fault gets fought over so hard. Read our page on Texas comparative negligence 51 percent rule so you know how the math actually works.
Texas Uses a 51 Percent Fault Bar
Texas is a modified comparative negligence state. If you’re found 51% or more at fault, you get nothing. If you’re partly to blame but under that line, your recovery drops by your share. So if the insurer can push your fault up, they pay less. When the other driver was texting, you’ve got real ammunition to keep your share low.
Prove It While It’s Fresh
Evidence fades fast. Do these things now.
- Tell the officer what you saw. If the driver was on their phone, say so. It can land in the CR-3 crash report.
- Get names and numbers from witnesses. A stranger who saw the driver looking down is gold.
- Take photos of everything. The cars, the road, the phone if you can see it.
- Note any nearby cameras. Businesses and traffic poles catch more than you’d think.
Phone records can prove the driver was texting at the moment of impact, but you usually need the legal process to pull them. That’s fine. Your job right now is to lock down what you can see and remember. For a full checklist, see what to do after a car accident in Houston.
Don’t Talk Yourself Into Blame
You might feel shaken and start second-guessing yourself. Maybe you wonder if you could’ve stopped sooner. Stop. That instinct feels honest, but it hands the insurance company exactly what they want. Stick to the facts. You were driving. A distracted driver hit you. Let the evidence do the talking.
The adjuster will call, and they’ll sound friendly. They do this every day and you probably don’t. Know what you’re walking into before you pick up. Our guide on dealing with insurance adjusters walks you through it.
Move Fast, But Move Smart
You have two years from the crash to file a lawsuit in Texas under Tex. Civ. Prac. & Rem. Code §16.003. That sounds like plenty. It isn’t. Evidence disappears, memories blur, and phone data gets harder to reach. The sooner you act, the stronger your claim.
A distracted driver hurt you. That’s not your fault, and you shouldn’t pay for it. Learn what your claim could be worth on our how much is my case worth page.
This is general information, not legal advice.
Frequently Asked Questions
Is texting while driving illegal in Texas?
Yes. Texas banned texting while driving statewide. A driver can’t read, write, or send an electronic message while the vehicle is moving. If a texting driver hit you, they broke the law, and that matters for your claim.
How do I prove the other driver was on their phone?
You don’t have to prove it alone. Phone records, the CR-3 crash report, witness statements, and nearby camera footage can all show it. Say what you saw to the officer and write it down while it’s fresh.
What if I was distracted too?
Texas uses a 51% modified comparative negligence rule. If you’re 51% or more at fault, you recover nothing. Below that, your money drops by your share of blame. Don’t guess at your own fault. Get advice first.
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