If you’ve been injured in a distracted driving accident in Texas, you may have the right to pursue compensation from the driver whose conduct contributed to your crash. Distracted driving is a common factor in car accidents across the state and can injure many Texans each year. AMS Law Group helps accident victims seek compensation for medical bills, lost wages, and pain and suffering. Our Richardson distracted driving accident lawyer team investigates distracted driving cases in detail and works to hold negligent drivers accountable under Texas law.
Why Choose AMS Law Group for Your Distracted Driving Case
AMS Law Group has recovered millions of dollars for accident victims throughout Texas. Our attorneys have secured settlements of $15 million, $9 million, $6.1 million, and $5 million in motor vehicle accident cases. With 34 years of combined experience, our legal team understands how to build cases involving distracted drivers and their insurance companies. We work on a contingency‑fee basis, meaning you do not owe attorney’s fees unless we recover compensation for you. Our team aims to respond to calls quickly and remains available 24/7 to discuss your case. You have direct access to our attorneys—not only paralegals—throughout your claim.
What Is Distracted Driving Under Texas Law
Distracted driving generally occurs when a driver’s attention is diverted from the task of safe driving to another activity. Safety agencies and legal sources commonly describe three main categories of distraction that affect a driver’s ability to operate a vehicle safely: visual, manual, and cognitive.
Three Categories of Distraction
Visual distractions take a driver’s eyes off the road. Manual distractions require a driver to take one or both hands off the steering wheel. Cognitive distractions divert a driver’s mind from focusing on driving.
Many activities involve more than one type of distraction, which can make them especially risky.
Common Examples of Distracted Driving
Texting and cell phone use are among the most frequently cited forms of distracted driving. Other examples include entering directions into a GPS system, eating or drinking while driving, adjusting the radio or vehicle controls, reaching for objects inside the vehicle, talking with passengers, and grooming activities. Even a brief distraction can contribute to a serious accident.
How Distracted Driving Causes Accidents
Distracted driving significantly increases crash risk. When drivers take their attention off the road, they lose crucial reaction time needed to avoid obstacles, pedestrians, or other vehicles. A driver who is texting or looking at a device while traveling at highway speeds can cover a considerable distance without watching the road. This loss of reaction time makes it much more difficult to brake or steer in time to prevent a collision.
Distracted drivers may also make poor decisions about speed, lane changes, and following distance. They might fail to notice traffic signals, pedestrians in crosswalks, or hazards ahead. The combination of reduced vehicle control and impaired judgment creates dangerous conditions on Texas highways and city streets. Rear‑end collisions, intersection crashes, and sideswipe accidents frequently arise from driver distraction.
Proving Negligence in Distracted Driving Cases
To recover compensation for injuries caused by a distracted driver, you generally must prove negligence. Texas law typically requires four elements to establish negligence in a distracted driving accident.
The Four Elements of Negligence
Duty of care means every driver has a legal responsibility to operate a vehicle safely and to avoid unreasonably endangering others. Breach of duty occurs when a driver engages in distracted driving behavior that violates this responsibility. Causation requires showing that the distracted driving contributed to or directly caused your accident and injuries. Damages means you suffered actual losses—such as medical expenses, lost income, pain and suffering, or permanent disability.
AMS Law Group investigates distracted driving cases by seeking phone records when appropriate, reviewing police reports, interviewing witnesses, and analyzing accident reconstruction evidence. We may examine vehicle data recorders and security camera footage when available. Insurance companies often dispute liability in distracted driving cases, but our attorneys know how to present evidence that supports a negligence claim and helps pursue fair compensation.
Injuries and Compensation Available
Distracted driving accidents frequently cause serious injuries because drivers may not have time to brake or reduce impact. Victims can suffer traumatic brain injuries, spinal cord injuries, broken bones, whiplash, internal organ damage, and permanent disability. Medical treatment for these injuries can cost thousands or even hundreds of thousands of dollars. Many victims face ongoing therapy, rehabilitation, and long‑term care needs.
You may be able to recover compensation for reasonable medical expenses related to your accident, including emergency care, surgery, hospitalization, physical therapy, and future medical treatment. You can also seek recovery for lost wages from time missed at work during recovery. Non‑economic damages, such as pain and suffering, compensate you for physical pain, emotional distress, and reduced quality of life. If your injuries result in permanent disability, you may pursue damages for lifetime care costs and lost earning capacity.
What to Do After a Distracted Driving Accident
Taking appropriate steps immediately after an accident can protect your health and strengthen your legal claim.
Immediate Steps
Call 911 to report the accident and request police assistance. Document the scene with photos or video of vehicle damage, road conditions, traffic signals, and any visible injuries. Collect contact and insurance information from the other driver, witnesses, and the responding officer. Seek medical attention even if you feel relatively fine—some injuries may develop or become apparent hours or days later. If you notice signs of distraction, such as the other driver holding a phone, note these observations.
Legal Steps
Contact AMS Law Group for a free consultation as soon as you can. Avoid giving detailed statements to the other driver’s insurance company before speaking with an attorney. Insurance adjusters may use your statements to limit your claim. Let our attorneys handle communications with insurance companies and the other driver’s legal team. We work to protect your rights and pursue appropriate compensation.
Frequently Asked Questions
How do you prove a driver was distracted?
We use several methods to help establish distraction. Cell phone records can show whether the driver was texting, calling, or using apps around the time of the accident. Witness testimony may indicate that the driver appeared to be looking at a phone or was otherwise not paying attention. Accident reconstruction experts analyze crash patterns to determine whether the driver had time and opportunity to react. Vehicle data recorders can capture information about braking and steering inputs, and security cameras near the scene may show the driver’s actions before impact.
What is the statute of limitations for distracted driving accidents in Texas?
In most Texas personal injury cases, you have two years from the date of your accident to file a lawsuit. This deadline, set out in Texas Civil Practice & Remedies Code § 16.003, is critical; missing it can prevent you from pursuing a claim in court. Contact AMS Law Group promptly to discuss how the statute of limitations applies to your situation.
Can I recover compensation if I was partially at fault?
Texas applies a modified comparative negligence rule. You may recover compensation as long as your share of responsibility is 50 percent or less; if you are more than 50 percent at fault, you are barred from recovery. When you are partly at fault but below this threshold, your damages can be reduced in proportion to your percentage of responsibility. Our attorneys work to present evidence that accurately reflects how the crash occurred and to minimize any unwarranted fault assigned to you.
How much is my distracted driving case worth?
Your case value depends on factors such as the severity of your injuries, the extent of your medical expenses, your lost wages, and how the crash has affected your daily life. Cases involving permanent disability or catastrophic injuries generally have more serious potential damages than cases involving minor injuries. We evaluate each case individually and provide an assessment of its potential value during your free consultation, based on medical records, accident details, and other evidence.
Do I need a Richardson distracted driving accident lawyer for an accident?
Insurance companies have teams of adjusters and lawyers focused on limiting payouts. Having your own attorney provides guidance and advocacy. We gather evidence, manage negotiations, and prepare your case for trial if necessary. Many accident victims obtain more thorough compensation with legal representation than they might on their own.
Contact AMS Law Group for Your Free Consultation
If you’ve been injured by a distracted driver in Texas, do not wait to seek legal help. AMS Law Group offers free consultations with no obligation. Call (888) 960-8363 today to discuss your case with an attorney familiar with distracted driving claims. We work on a contingency‑fee basis, so you do not owe attorney’s fees unless we recover compensation for you. Our team is available 24/7 to answer your questions and help you understand your legal options.