The driver who hit you is probably not going to admit they were looking at their phone. Almost no one does. The Calderon Law Firm builds distracted driving cases in Houston and across Texas around the evidence that exists whether the other driver admits anything or not, including phone records, vehicle data, and traffic camera footage.
If the other driver is denying they were on their phone, that denial isn't the end of the conversation. Call 346-999-5673 and we'll start gathering the proof.
Proving distraction when the other driver won't admit it
Most distracted drivers deny it, even when their phone tells a different story. That gap between what a driver says and what the evidence shows is exactly where a Texas distracted driving accident lawyer focuses first.
Police reports, witness statements, and the driver's own account at the scene are a starting point, not the finish line. The stronger evidence usually comes later, once an attorney can formally request records the other driver cannot simply hand over on their own.
Is texting while driving illegal in Texas?
Yes. Texas Transportation Code Section 545.4251 makes it illegal to read, write, or send an electronic message while a vehicle is in motion. Drivers under 18 face an even stricter rule and cannot use a wireless device at all while driving, even hands-free.
This matters for your claim beyond the traffic ticket. Texas courts generally treat an unexcused violation of a safety statute like this one as negligence as a matter of law, often called negligence per se, which can remove a major fight from your case before it starts.
What counts as evidence in a Texas distracted driving claim
Cell phone records can show whether a driver was texting, calling, or using an app in the moments before impact. Most newer vehicles also store onboard data on braking, speed, and phone connectivity that can confirm or contradict what a driver claims happened.
Houston adds another layer here. Corridors like I-10, I-45, US-59, and Beltway 8 are heavily covered by traffic cameras, and that footage can be cross-referenced with phone activity and witness accounts to build a timeline the other driver cannot talk their way around.
Can the at-fault driver's employer be liable for a distracted driving accident?
Sometimes, yes. If the driver who hit you was working at the time, using a phone for a job-related call, text, or app, their employer may share liability for the crash under Texas law.
This comes up often in Houston given how many delivery drivers, rideshare drivers, and sales reps are on the road for work. Dispatch records, GPS logs, and app data can show whether a driver was actively working when the crash happened.
If the driver who hit you was working at the time, there may be more insurance available than you think. Call 346-999-5673 to find out.
Why minimum insurance often isn't enough in these cases
Texas only requires drivers to carry $30,000 in bodily injury coverage per person. For a serious injury, that amount can run out fast, even when liability is clear.
This is why underinsured motorist coverage on your own policy matters so much in distracted driving cases. A lawyer can review both the at-fault driver's coverage and your own policy to find every source of compensation actually available to you.
How long do I have to file a claim after a Texas distracted driving accident?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Texas. Waiting close to that deadline also makes it harder to get phone records and camera footage before they disappear.
Carriers and traffic camera systems do not keep this data forever. The sooner a lawyer can send a formal request to preserve it, the better the odds it still exists when your case needs it.
Why Houston drivers bring these cases to The Calderon Law Firm
We have helped more than 5,000 Texan families and recovered more than $200 million in compensation for our clients. Houston's traffic, commute patterns, and gig economy mean we see distracted driving cases involving everything from a quick text at a red light to a delivery driver checking an app mid-route.
We tell you early what we think your case is actually worth, including whether the other driver's coverage will be enough. If your accident involved a commercial or rideshare vehicle, we can also help you sort out which insurance policy actually applies.
Ask The Calderon Law Firm
Can my lawyer get the other driver's cell phone records?
Yes, but only after a lawsuit has been filed. Once that happens, an attorney can subpoena the records directly from the carrier, including call and text timestamps that can be matched against the time of your crash.
What if the other driver claims their phone was in their bag or pocket?
That excuse is common, and it doesn't hold up well against data. Cell phone records can show app activity and data usage even when a driver claims the phone was out of reach, and that gap between the claim and the data is often where these cases turn.
Is texting at a red light illegal in Texas?
No, the law only bans reading, writing, or sending messages while the vehicle is actually moving. That exception matters in a claim, since it means a driver's defense often hinges on whether they were stopped or still rolling at the moment they looked down.
Can a distracted driving citation help my injury claim?
Yes. A citation is not automatic proof of fault in a civil case, but it is documented evidence that an officer believed a violation occurred, and it can support a broader negligence argument alongside phone records and other evidence.
Frequently asked questions
How much does a Texas distracted driving accident lawyer cost?
Nothing upfront. We work on contingency, which means we only get paid a percentage if we recover compensation for you, and you owe nothing in attorney fees if we don't win.
How long does a distracted driving claim take to resolve?
It depends on how quickly liability is clear and how much insurance is available. Straightforward cases sometimes settle in a few months, while cases involving disputed fault or an underinsured driver can take longer.
What if I was partly distracted too?
You can still recover compensation under Texas law as long as you were not more than 50% at fault, though your award would be reduced by your percentage of responsibility. An attorney can help assess how that might apply to your specific accident.
Do I need a police report to file a claim?
No, but it helps. A police report is useful evidence, not a requirement, and we can still build a strong claim using other evidence if one was never filed or if it's missing key details.
Can I speak to someone in Spanish about my accident?
Yes. The Calderon Law Firm is bilingual, and you can discuss your case with our team in Spanish from your first call through the end of your case.
A denial is not the same as the truth. Call 346-999-5673 and let's find out what actually happened.