While all forms of distraction are dangerous, texting stands out as uniquely hazardous because it combines all three types of distraction simultaneously—visual, manual, and cognitive. Here's why texting and driving is so catastrophic:
- It's more dangerous than drunk driving. According to multiple studies, texting while driving is more debilitating to your reaction time than driving while intoxicated.
- It creates complete distraction. Texting takes your hands away from the steering wheel, your eyes away from the road, and your mind away from the primary task of operating your vehicle. With your hands, eyes, and mind all distracted, it is virtually impossible to react properly to emergency road situations.
- The statistics are staggering. One out of every four car crashes in the United States is caused by texting while driving. That's 25% of all accidents—and these tend to be more severe because the driver never even attempts to brake or swerve.
When someone chooses to text and drive, they're choosing to put your life at risk. That's negligence—and they should be held accountable.
Texas Distracted Driving Laws in 2025
Texas law is clear: it's illegal to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. This law has been in effect since September 1, 2017.
What the Law Says
Texting and driving in Texas is illegal in nearly all circumstances. The only exceptions are law enforcement or communicating with emergency services. This includes:
- Texting
- Emailing
- Using social media
- Any electronic messaging
Important: Even using voice-to-text features to send messages is illegal in Texas. The law prohibits all forms of electronic messaging while driving, hands-free or not.
Who Does the Law Apply To?
- All drivers: Cannot text or send electronic messages while driving
- Drivers under 18: Cannot use wireless devices for any purpose while driving, including calls
- New drivers: Drivers with learner's permits are prohibited from using handheld cell phones in the first 6 months of driving
- School zones: All drivers are prohibited from using handheld devices in school zones
- School bus drivers: Cannot use phones at all when children are present
Penalties for Distracted Driving
For a first violation, the fine ranges from $25 to $99. Motorists convicted of a second or subsequent violation face $100 to $200 in fines.
But here's what really matters: If an unlawful wireless device offense leads to the death or serious bodily injury of another person, it's a class A misdemeanor and carries up to $4,000 in fines and a maximum of one year in jail.
And if you were injured by a distracted driver, you can hold them financially responsible through a civil lawsuit—regardless of whether they received a ticket.
Can Police Pull Someone Over for Texting?
Yes. Texas law allows law enforcement officers to stop a driver solely for texting while driving, even if there are no other traffic violations. Officers don't need additional probable cause if they believe you're using a device for texting.
Gaps in the Law
While Texas has made progress, the law still has significant gaps. Adults in Texas can use a phone to make or receive a call while driving, and using GPS or changing music is also legal under state law—even though these activities are still dangerous distractions.
But here's the key point for your case: Even if something isn't explicitly illegal, it can still be considered negligent driving. If a driver's distraction caused your accident, they can be held liable—whether they were breaking the law or not.
Why You Need a Dallas Distracted Driving Accident Attorney
Insurance Companies Don't Work for You
After a distracted driving accident, you'll likely hear from the other driver's insurance company. They may seem friendly and helpful. They're not. Their job is to pay you as little as possible—or nothing at all.
Insurance adjusters are trained to:
- Get you to accept a lowball settlement before you know the full extent of your injuries
- Twist your words to make it seem like you're partially at fault
- Delay your claim hoping you'll give up
- Minimize the severity of your injuries
You need someone on your side who knows their tactics and won't let them take advantage of you.
Proving Distraction Can Be Difficult
The other driver will almost never admit they were distracted. They'll claim they were paying attention, that you caused the accident, or that something else happened. Without strong evidence, it can be hard to prove what really occurred.
But we know exactly how to prove distraction—even when the driver denies it.
Distracted driving takes many forms, and each leaves evidence:
- Texting while driving
- Reading messages while driving
- Talking with one hand on the phone and the other on the steering wheel
- Driving with one hand and using the other for something else
- Changing the radio, CD, or song while driving
- Taking or posing for pictures while driving
- Using social media while driving
- Checking emails or navigation apps
An experienced distracted driving attorney knows how to:
- Obtain phone records showing the driver was using their device at the time of the crash
- Gather witness testimony from people who saw the driver on their phone
- Review traffic camera footage and dashcam video
- Examine the accident scene for evidence
- Work with accident reconstruction experts
- Use the driver's own statements against them
We know what evidence to look for—and how to get it before it disappears.
Your Injuries May Be More Serious Than You Think
Adrenaline can mask pain immediately after an accident. What seems like minor soreness today could be a serious injury that affects you for months or years. Common injuries from distracted driving accidents include:
If you settle too quickly, you can't go back and ask for more money when you realize how badly you're hurt. An attorney will make sure you don't settle until you know the full extent of your injuries and losses.
You Deserve Full Compensation
When someone's distraction causes an accident that injures you, you're entitled to compensation for:
Economic Damages:
- All medical bills (emergency room, surgery, hospital stays, rehabilitation)
- Future medical care and treatment
- Lost wages from missed work
- Loss of earning capacity if you can't return to your job
- Property damage (vehicle repair or replacement)
Non-Economic Damages:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disfigurement or permanent disability
- Loss of consortium (for spouses)
The insurance company won't tell you about all these damages. We will.
What to Do After a Distracted Driving Accident
If you've been hit by a distracted driver, these steps can protect your health and your legal rights:
1. Get Medical Attention Immediately
Even if you feel okay, see a doctor right away. Some serious injuries don't show symptoms immediately, and waiting to get treatment can:
- Put your health at risk
- Give the insurance company ammunition to deny your claim
- Make it harder to prove your injuries were caused by the accident
A medical professional's documentation of your condition immediately after the accident is critical evidence for your case.
2. Document Everything You Can
If you're physically able at the scene:
- Take photos of all vehicles involved, including damage
- Photograph the accident scene, road conditions, traffic signs, and skid marks
- Get contact information from witnesses
- Note anything you observed about the other driver (were they holding a phone? looking down?)
- Exchange information with the other driver (but don't discuss fault)
Every piece of evidence helps your case.
3. Don't Talk to the Other Driver's Insurance Company
If the other driver files a claim with their insurance, an adjuster may call you. Do not give a recorded statement without talking to an attorney first. Insurance adjusters are skilled at getting you to say things that hurt your claim.
They might ask questions like:
- "How are you feeling?" (If you say "fine," they'll use it against you)
- "What happened?" (They're looking for you to blame yourself)
- "Were you wearing your seatbelt?" (They want to reduce your compensation)
Politely decline to give a statement and tell them you'll have your attorney contact them.
4. Don't Post on Social Media
Insurance companies routinely monitor accident victims' social media accounts looking for anything they can use to deny or reduce claims. A photo of you smiling at a family dinner could be used to claim you're not really injured. A post about going to the gym could be twisted to say your injuries aren't serious.
The safest approach: Don't post anything about the accident or your injuries until your case is resolved.
5. Call MR.LAW Accident & Injury Attorneys
The sooner you call us, the better. Evidence disappears quickly—phone records get deleted, witnesses forget details, and the other driver's insurance company starts building their defense immediately.
When you call us, we immediately begin:
- Investigating your accident
- Preserving critical evidence
- Handling all communication with insurance companies
- Protecting your rights
Your consultation is completely free, and we don't charge you anything unless we win your case.
Why Choose MR.LAW Accident & Injury Attorneys?
Proven Track Record with Six-Figure Results
While many firms talk about fighting for clients, we have the results to prove it. Our founding partners have secured multiple settlements exceeding $1 million for injured clients, including:
- $1,250,000 – Motor Vehicle Accident
- $550,000 – Motor Vehicle Accident (Rollover)
- $500,000 – Motor Vehicle Accident
- $450,000 – Motor Vehicle Accident
These aren't just numbers—they represent real people whose lives were changed by serious accidents, and who trusted us to fight for their future. We deliver results that can truly take care of you and your family for years to come.
Elite Professional Recognition
- Recognized on the “2024 Top 100 Verdicts in Texas” – Acknowledges MR.LAW for achieving one of the highest verdicts in the state.
- National plaintiff’s litigation firm with offices in Dallas, Houston, and Chicago—recognized for fearless advocacy and complex litigation success.
- Super Lawyers Rising Stars (2022) – Damon Mathias selected for excellence in legal practice and professional achievement.
We Fight Until Victory Always
Insurance companies know that some lawyers will settle quickly for whatever they offer. We're not those lawyers. We prepare every case as if it's going to trial, and insurance companies know we mean business. That's why they take our clients' claims seriously.
Personal Attention from a Small Firm
We're a small firm by choice. That means:
- You work directly with an experienced attorney, not a paralegal or case manager
- We have the time to understand your unique situation
- You get answers to your questions quickly
- Your case doesn't get lost in the shuffle
You're not just another case number to us. You're a person who's been hurt, and we treat you that way.
"Attorney Raphael & Attorney Mathias are both very forthcoming & handle each case with care!" - Brandy C.
"They get your maximum results." - Ezra T.
Large Firm Results
Just because we're a small firm doesn't mean we get small results. We have the experience, resources, and connections to take on big insurance companies and win. Our clients receive the full compensation they deserve.
We take cases other firms won't touch. If your case involves complex liability, uncertain causation, or a powerful defendant (like a corporation or government entity), we have the expertise and determination to see it through to a successful conclusion.
We Handle Everything
When you hire us, you can focus on recovering while we handle:
- All communication with insurance companies
- Gathering evidence and building your case
- Dealing with medical bills and liens
- Negotiating a fair settlement
- Taking your case to trial if necessary
You've been through enough. Let us handle the legal fight.
No Upfront Costs
We work on a contingency fee basis, which means:
- No upfront costs or retainer fees
- We don't get paid unless you get paid
- No risk to you
We believe everyone deserves quality legal representation, regardless of their financial situation. You shouldn't have to choose between paying bills and hiring a lawyer.
Available 24/7
Accidents don't happen on a schedule, and neither do questions or concerns. That's why we're available around the clock to help you.
Frequently Asked Questions
How long do I have to file a claim?
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. However, waiting can hurt your case. Evidence disappears, witnesses' memories fade, and the insurance company has more time to build their defense. Call us as soon as possible.
What if I was partially at fault?
Texas follows a modified comparative fault rule, meaning that if a distracted driver is more than 50% responsible for a crash, they may be barred from recovering damages. Conversely, if you are injured by someone who was texting or using a phone, you may be able to seek compensation for medical bills, lost wages, and other damages. Even if you bear some responsibility, you can still recover compensation as long as you're less than 51% at fault—though your recovery will be reduced by your percentage of fault.
How much is my case worth?
Every case is different. The value depends on factors like:
- The severity of your injuries
- Your medical expenses (current and future)
- How much work you've missed
- Whether you have permanent disabilities
- The strength of the evidence against the other driver
At MR.LAW, we've secured settlements ranging from hundreds of thousands to multiple millions of dollars for our clients. Our track record includes $2 million settlements for catastrophic injuries and $1.25 million for serious motor vehicle accidents.
We'll give you an honest assessment during your free consultation—and we'll fight to maximize every dollar you deserve.
How long will my case take?
Some cases settle in a few months, while others take longer—especially if the insurance company refuses to offer fair compensation and we have to file a lawsuit. We move as quickly as possible while making sure we don't settle for less than you deserve.
What if the other driver doesn't have insurance?
If the at-fault driver is uninsured or underinsured, you may still have options through your own insurance policy's uninsured/underinsured motorist coverage. We'll explore every possible avenue for recovery.
Will I have to go to court?
Most distracted driving accident cases settle before trial. However, if the insurance company won't offer fair compensation, we're fully prepared to take your case to court. We fight until victory always—in negotiations or in the courtroom.
Common Myths About Distracted Driving Claims
Myth: "If they didn't get a ticket for distracted driving, I don't have a case."
Truth: You don't need a police citation to prove negligence. We can obtain phone records, witness testimony, and other evidence to show the driver was distracted—even if they weren't ticketed at the scene.
Myth: "The accident was minor, so I shouldn't bother with a lawyer."
Truth: "Minor" accidents often cause serious injuries that don't appear immediately. Whiplash, back injuries, and soft tissue damage can take days or weeks to fully manifest. By then, if you've already settled with insurance, it's too late to get more money.
Myth: "Hiring a lawyer means I'll get less money because of their fees."
Truth: Studies show that accident victims who hire attorneys recover significantly more compensation than those who don't—even after attorney fees. We know how to maximize your recovery in ways you can't on your own.
Myth: "I can handle this on my own."
Truth: You're dealing with professional insurance adjusters who do this every day. They know exactly what to say to minimize your claim. Without legal representation, you're at a serious disadvantage.
Take Action Now
Every day you wait is another day the insurance company has to build their defense against you. Evidence disappears. Witnesses forget details. And your own memories of the accident may become less clear.
Don't let a distracted driver get away with hurting you. Call MR.LAW Accident & Injury Attorneys today.
✓ Free consultation—no obligation
✓ Available 24/7
✓ No fees unless we win
✓ Personalized attention from an experienced attorney
✓ We fight until victory always
Call (469) 689-0200 now to speak with our Dallas distracted driving accident attorneys!
