Distracted Driving in Dallas: When Looking Away Becomes a Lawsuit
A few seconds can change everything.
A driver looks down at a text message. A notification appears on a phone. Someone reaches for a drink, adjusts the radio, checks a GPS route, or turns around to talk to a passenger. In those few moments, a vehicle traveling at highway speed can cover hundreds of feet.
In Dallas, where busy roads, highways, tollways, intersections, and congested traffic create countless opportunities for collisions, distracted driving can have devastating consequences.
If a distracted driver causes a Dallas car accident, the consequences can extend far beyond a damaged vehicle. Victims may face serious injuries, medical bills, lost wages, property damage, pain and suffering, and an uncertain future.
And when distracted driving causes an accident, the question may become more than simply, "What happened?"
It may become:
Who was responsible, and can the injured victim pursue compensation?
What Is Distracted Driving?
Distracted driving occurs when a driver's attention is diverted away from the task of safely operating a vehicle.
Distractions generally fall into three categories:
Visual Distraction
A visual distraction occurs when a driver takes their eyes off the road.
Examples include:
Looking at a text message
Reading an email
Looking at a GPS screen
Checking social media
Looking at a passenger
Searching for something inside the vehicle
Watching a video
Looking at a crash on the side of the road
Even taking your eyes off the road for a few seconds can prevent you from seeing a vehicle slowing down, a pedestrian entering a crosswalk, or another car changing lanes.
Manual Distraction
A manual distraction occurs when a driver's hands leave the steering wheel.
Examples include:
Typing a text
Holding a cellphone
Eating
Drinking
Adjusting the radio
Reaching into a bag
Searching through the center console
Manipulating a navigation device
Cognitive Distraction
A cognitive distraction occurs when a driver's mind is focused on something other than driving.
A driver can technically have both hands on the steering wheel and their eyes on the road while still being mentally distracted.
Examples can include:
Intense conversations
Emotional arguments
Daydreaming
Thinking about work
Becoming preoccupied with a passenger
Focusing on something happening outside the vehicle
Many distracted driving accidents involve more than one type of distraction.
Is Texting While Driving Illegal in Texas?
Texas law generally prohibits a driver from using a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless an applicable exception applies. Texas law also contains specific provisions and defenses concerning certain uses of wireless communication devices, including hands-free use, navigation, emergency reporting, and other circumstances.
That means texting while driving in Dallas can have both legal and safety consequences.
However, it is important to distinguish between a traffic violation and civil liability.
A driver does not necessarily have to receive a texting citation for their distracted driving to become relevant to a Dallas personal injury claim.
The central question in a personal injury case is generally whether the driver's conduct was negligent and whether that negligence caused the victim's injuries and damages.
What Counts as Distracted Driving in Dallas?
Many people hear "distracted driving" and immediately think about texting.
Texting is certainly an important form of distraction, but it is not the only one.
A driver may become distracted by:
Cellphones
Text messages
Social media
GPS and navigation systems
Eating and drinking
Passengers
Children
Pets
Makeup or grooming
Adjusting music
Searching for objects
Looking at an accident
Taking photographs or videos
Reading
Reaching for something
Using an electronic device
If a driver's distraction contributes to a collision, that conduct may become important when determining how the accident occurred and who may be responsible.
How Distracted Driving Can Cause a Dallas Car Accident
Distracted driving can contribute to virtually every major type of motor vehicle collision.
Rear-End Accidents
A distracted driver may fail to notice that traffic ahead has stopped or slowed down.
This can result in a rear-end collision, particularly on busy Dallas roads and highways.
Lane-Change Accidents
A driver looking at a phone may fail to check a blind spot before changing lanes.
That can lead to a sideswipe or more serious multi-vehicle collision.
Intersection Accidents
Intersections require drivers to monitor traffic signals, pedestrians, turning vehicles, and cross traffic.
A distracted driver who fails to notice a red light or stop sign can cause a serious Dallas intersection accident.
Pedestrian Accidents
Pedestrians are particularly vulnerable when a distracted driver fails to notice someone crossing the roadway.
A vehicle can cause catastrophic injuries even at relatively modest speeds.
Bicycle Accidents
Drivers who are looking at a cellphone or otherwise distracted may fail to see a cyclist sharing the roadway.
Highway and Tollway Crashes
Dallas-area highways and tollways involve vehicles traveling at high speeds and often involve dense traffic.
A moment of distraction can prevent a driver from recognizing changing traffic conditions in time to avoid a collision.
Why Distracted Driving Can Become a Personal Injury Lawsuit
A distracted driving accident can become a personal injury lawsuit when a driver's negligent conduct causes another person to suffer legally compensable injuries or damages.
For example, imagine a driver traveling through Dallas while looking down at a text message.
The driver fails to notice stopped traffic and crashes into the vehicle ahead.
The other driver suffers a traumatic brain injury, requires hospitalization, misses several months of work, and needs ongoing medical treatment.
The accident may result in a personal injury claim involving damages such as:
Medical expenses
Future medical treatment
Lost wages
Loss of earning capacity
Property damage
Physical pain
Mental anguish
Physical impairment
Disfigurement
Other damages recognized under Texas law
The specific damages available depend on the facts of the case.
How Do You Prove a Driver Was Distracted?
This is one of the most important questions in a Dallas distracted driving accident case.
The other driver may simply say:
"I wasn't using my phone."
That does not necessarily end the investigation.
Evidence can potentially include:
Cellphone Records
Depending on the circumstances, cellphone records may help establish whether a phone was being used around the time of a collision.
Witness Statements
Passengers, pedestrians, other motorists, and other witnesses may have seen the driver looking down, holding a cellphone, texting, or otherwise behaving in a distracted manner.
Dashcam Video
Dashcam footage can provide powerful evidence about what happened immediately before a collision.
Surveillance Video
Businesses, residences, traffic cameras, and other nearby sources may have captured portions of an accident.
Vehicle Data
Some vehicles contain electronic systems that may provide information relevant to the circumstances surrounding a crash.
Police Reports
A responding officer may document statements made by drivers or witnesses, observations from the accident scene, and other relevant information.
Social Media
A driver's own social media activity may sometimes become relevant if it helps establish what the driver was doing around the time of the accident.
The available evidence will depend on the specific circumstances of the collision.
What If the Driver Says They Were Only Looking at GPS?
Navigation systems can create an important distinction.
Texas law specifically provides an affirmative defense in certain circumstances when a portable wireless communication device is used to navigate using a GPS or navigation system.
But the existence of a navigation-related exception does not automatically resolve whether a driver was negligent in a particular collision.
For example, a driver who becomes so focused on a navigation screen that they fail to safely operate their vehicle could still face questions about whether their conduct contributed to an accident.
The precise facts matter.
What Should You Do After a Distracted Driving Accident in Dallas?
If you believe a distracted driver caused your Dallas car accident, take steps to protect yourself and preserve evidence.
1. Get to Safety
If possible and safe, move away from active traffic.
Call 911 if anyone is injured or emergency assistance is needed.
2. Get Medical Attention
Some accident injuries may not be immediately obvious.
If you are injured, seek appropriate medical evaluation and follow your healthcare provider's recommendations.
3. Report the Accident
Cooperate with responding law enforcement and provide factual information about what happened.
4. Photograph the Scene
Take photographs of:
Vehicle damage
Road conditions
Traffic signals
Skid marks
Debris
License plates
Visible injuries
The surrounding roadway
5. Get Witness Information
If someone saw the other driver using a cellphone or behaving in a distracted manner, obtain their contact information if it is safe to do so.
6. Preserve Your Evidence
Keep photographs, medical records, repair estimates, insurance correspondence, bills, witness information, and other documents associated with the crash.
7. Avoid Speculating About Fault
You do not need to argue with the other driver at the scene.
Let the evidence help establish what happened.
8. Be Careful With Insurance Companies
Insurance companies may ask questions about the accident, your injuries, and what happened immediately before the crash.
Before making statements about a serious injury claim or accepting a settlement, consider speaking with a Dallas car accident attorney about your legal rights.
What Evidence Should You Save After a Distracted Driving Crash?
If you believe distracted driving caused your accident, evidence can become extremely important.
Save:
Accident photographs
Videos
Dashcam footage
Police reports
Medical records
Medical bills
Prescription records
Vehicle repair estimates
Insurance communications
Witness contact information
Employment records documenting lost income
Photographs of your injuries
Notes regarding your symptoms and recovery
Do not delete text messages, photographs, videos, or other digital evidence that could potentially relate to the accident.
Can You Sue Someone for Texting While Driving in Dallas?
Potentially, yes.
But texting alone does not automatically mean an injured person wins a personal injury case.
A successful Dallas distracted driving lawsuit generally requires evidence supporting the legal elements of the claim, including the driver's negligence and a connection between that conduct and the plaintiff's injuries and damages.
For example, if a driver was texting but the evidence shows that the texting did not cause the collision, the existence of texting may not establish liability for the accident.
On the other hand, if evidence shows that a driver was looking at a text immediately before failing to stop and striking another vehicle, that evidence could become highly relevant to a negligence claim.
Every accident is different.
What If the Distracted Driver Was in a Commercial Vehicle?
Distracted driving accidents involving commercial vehicles can raise additional issues.
A collision involving a delivery vehicle, commercial truck, company vehicle, or other business vehicle may require an investigation into:
The driver's conduct
Employer policies
Cellphone use
Company records
Vehicle data
Driver training
Vehicle maintenance
Employment status
Other potentially responsible parties
If you were injured in a Dallas commercial vehicle accident, determining who may be legally responsible can require a more extensive investigation.
What If You Were Partially at Fault?
Texas follows a modified comparative responsibility system.
That means an accident does not necessarily become an all-or-nothing situation simply because more than one person may have contributed to the crash.
The percentage of responsibility assigned to each party can affect the amount of damages that may be recovered.
For that reason, do not assume that you have no claim simply because an insurance company says you were partly responsible.
A Dallas personal injury lawyer can review the evidence and explain how Texas comparative responsibility rules may apply to your circumstances.
How Long Do You Have to File a Distracted Driving Lawsuit in Texas?
Texas generally provides a two-year limitations period for many personal injury claims. Texas Civil Practice and Remedies Code §16.003 establishes a two-year period for claims involving personal injury, subject to applicable exceptions.
That does not mean you should wait two years to contact a Dallas car accident lawyer.
Evidence can disappear. Witness memories can fade. Vehicles can be repaired. Electronic information may become harder to obtain.
If you believe a distracted driver caused a serious injury accident, getting legal guidance early can help you understand the applicable deadlines and preserve potentially important evidence.
Why Distracted Driving Cases Can Be Complicated
At first glance, a distracted driving accident may seem simple.
One driver was looking at a phone.
The other driver was injured.
Case closed.
In reality, establishing liability can be much more complicated.
A Dallas distracted driving attorney may need to determine:
What the other driver was doing immediately before the crash
Whether a cellphone was being used
Whether the driver was texting
Whether another distraction was involved
Whether witnesses observed the driver's behavior
Whether video footage exists
Whether vehicle data is available
Whether other factors contributed to the collision
The extent of the victim's injuries
The victim's past and future medical expenses
Lost income and earning capacity
Other damages potentially available under Texas law
The more serious the injuries, the more important a thorough investigation can become.
Looking Away Can Change Your Life
Distracted driving is more than a traffic-safety issue.
When a driver chooses to text, scroll, search, eat, reach, or otherwise divert their attention from the road, the consequences can affect everyone around them.
For victims of Dallas distracted driving accidents, those consequences can include serious injuries, expensive medical treatment, lost income, permanent impairment, and a long recovery.
If another driver's distraction contributed to your accident, you deserve to understand your legal options.
Injured in a Dallas Distracted Driving Accident?
The J. Bock Firm represents individuals involved in serious personal injury matters and complex litigation in Dallas and throughout Texas.
If you were injured because another driver was texting, using a cellphone, looking away from the road, or otherwise driving while distracted, our attorneys can investigate the circumstances surrounding your crash and help you understand your potential legal options.
Tactical. Aggressive. Bold.
This article is intended for general informational purposes only and does not constitute legal advice. Laws can change, and the outcome of any particular case depends on its facts. If you have been injured in a distracted driving accident, consult a qualified Texas attorney about your specific circumstances.