Seeking Justice In Distracted Driving Accidents

Last updated on September 25, 2026

No matter how experienced a driver someone is, the road demands our full attention every time we drive. Even a moment of taking our eyes off the road can endanger lives and cause lifelong consequences. If you suffered catastrophic injuries because of a distracted driver, you may wonder how you can cover the costs of your recovery.

At Link & Associates, we help clients across the Dallas area pursue the compensation they deserve for their injuries. We are committed to supporting the victims of these accidents with swift and effective legal action. When you need to sue to get the outcome you deserve, we will be by your side through every step of the process.

Earning Full And Fair Compensation

Texas law prohibits the use of handheld devices for reading, writing or sending text messages while driving. Despite this law, many drivers still distract themselves while on the road, namely with their cell phones. When these accidents happen, a violation of the law can be critical in establishing liability in your claim.

If another driver’s lack of attention has caused you harm, you have the right to pursue a lawsuit to seek damages for your injuries and losses. While every claim is different, your compensation should cover the consequences of your injuries, including medical expenses, lost wages and other related costs.

No matter what form distracted driving takes, whether it is eating, adjusting the radio, using a navigation system or engaging with passengers, the drivers who distract themselves should be accountable for the consequences of their actions.

Proving Distracted Driving

A distracted driving claim rests on evidence directly tied to the crash. This can include:

Phone records: An attorney can subpoena the driver’s mobile carrier for phone activity records, including data usage, call history and messages. These can establish that their phone was active when the collision occurred.
Black box data: Also known as Electronic Data Recorders (EDRs), these devices record how the driver was operating the vehicle in the seconds before a collision.
Social media activity: Posts, uploads and interactions such as “likes” carry timestamps. If the timing of that activity overlaps with the crash, it can support a claim that a driver was active on their device.
Witness statements: Bystanders who witnessed the driver’s actions leading up to the crash, such as looking down at a phone, can provide valuable accounts and strengthen your claim.

Each of these sources can build a comprehensive picture of the driver’s conduct before and during the accident. Our attorneys can investigate your crash, gather this evidence and build a case that holds the other driver accountable.

Does Texas Have Laws About Distracted Driving?

Yes. Texas Transportation Code § 545.4251 prohibits the use of a wireless device for electronic messaging while behind the wheel. It establishes:

Penalties for those who violate this law: The fine for a first violation ranges from $25 to $99. Drivers with a prior conviction under this law face a fine between $100 and $200. When a violation results in death or serious bodily injury, the charge can carry up to a $4,000 fine and a jail term of up to 12 months.
Restrictions for minors: Texas prohibits drivers under 18 from using both handheld and hands-free wireless devices while driving. Learner’s permit holders cannot use a cellphone for the first six months of driving.
Hands-free exceptions: Texas permits the use of hands-free devices, GPS navigation and music functions while driving. While these can serve as an affirmative defense for criminal charges, a driver distracted by these devices while driving can still face civil liability for causing a crash.

Texas law prohibits drivers from using a wireless device in a designated school zone during active hours, unless they are stopped or on a hands-free device. Cities and municipalities also have the power to set stricter rules beyond what state law requires.

Frequently Asked Questions

Sustaining injuries from a crash involving a distracted driver can make you feel overwhelmed and scared, especially when fault, insurance coverage and injury claims all come into play. To help provide you with some relief, here are four common concerns we help address for our clients.

Can I sue the other party if they were using a hands-free device?

Texas law does not automatically excuse a driver just because the phone or device they were using was “hands-free.” If the driver was not paying attention, failed to keep a lookout or otherwise breached their duty of care, they may still be liable for the crash. In a personal injury lawsuit, you and your lawyer would need to show proof that the other party’s conduct caused your injuries and damages. Because the state follows a “modified comparative fault” system, you can seek compensation as long as you were not 51% at-fault for the car accident.

What if a distracted driver hit me while I was a pedestrian or cyclist in Dallas?

Motorists in Texas owe pedestrians and cyclists a high duty of care, which includes paying attention to the road, yielding when required and taking precautions to prevent harm. A distracted driver hitting you in a crosswalk, near an intersection or in a bike lane provides a valid basis for a personal injury claim.

Liability will depend on the facts, including traffic signals, right-of-way, visibility, speed and whether either party violated traffic laws. A lawyer can help you understand your rights and your available options.

How long do I have to file a distracted driving claim in Texas?

The state’s statute of limitations for a personal injury claim is two years from the date of the injury. That means you must file before the deadline or risk losing your right to recover compensation for your medical bills and other losses. Because evidence can disappear quickly after a crash, it is vital to act quickly and seek legal counsel for prompt guidance.

Is it worth hiring a lawyer for a “minor” distracted driving accident?

While not mandatory, hiring a lawyer for a minor distracted driving collision can improve your chances of a positive outcome. With their skills and experience navigating Texas motor vehicle accident claims, they can advocate for your rights and preserve evidence like witness statements, traffic camera footage and crash reports. These measures not only help strengthen your claim but also ensure that insurance companies cannot unfairly place fault on you to try to lower your settlement offer.

The Challenge In These Claims

Even when you think your claim is clear, it can be hard to prove who is at fault. We have extensive experience gathering evidence and building a claim to establish whether someone was not exercising reasonable care in an accident. From gathering eyewitness testimony and cellphone records to reviewing footage of the crash, we will go through every measure to help you.

Contact Us Today For A Free Consultation

If you’ve been injured by a distracted driver, we are here to help you navigate the process with peace of mind. Contact us at 945-221-5686 to explore your options. We serve English- and Spanish-speaking clients in Dallas and the surrounding areas. Hablamos español.