Distracted Driving Accident Lawyer in Texas

Every day across Texas, drivers make decisions that can change lives forever. A quick glance at a text, adjusting a GPS, reaching for food in the passenger seat, or scrolling through music may seem harmless, but even a brief distraction behind the wheel can have devastating consequences.

Distracted driving accidents remain a leading cause of serious collisions in Texas and across the United States. These crashes frequently happen without warning when drivers fail to react before impact. Victims may endure painful injuries, mounting bills, missed work, and trauma that affects the whole family.

If you or a loved one has been injured by a distracted driver, you may have questions about your legal rights and what steps to take next. An experienced distracted driving accident lawyer can help you understand the claims process and pursue compensation that may be available under Texas law.

At Bailey & Galyen, we understand how overwhelming life can feel after a serious accident. Our team has helped injured Texans navigate complex personal injury claims for decades, and we are committed to providing compassionate, client-focused representation every step of the way.

What Is Distracted Driving?

Distracted driving refers to any activity that takes a driver’s attention away from safely operating a vehicle. While many people immediately think of texting while driving, distractions can take many different forms.

Generally, distracted driving falls into three categories:

Visual distractions: Taking your eyes off the road
Manual distractions: Taking your hands off the wheel
Cognitive distractions: Taking your mind off driving

Some activities involve all three types of distraction at once. Texting while driving is one of the most dangerous examples because it requires visual, manual, and mental attention simultaneously.

Common examples of distracted driving include:

Reading or sending text messages
Using social media apps
Watching videos
Adjusting navigation systems
Eating or drinking while driving
Grooming or applying makeup
Reaching for objects inside the vehicle
Talking on a handheld phone
Interacting with passengers

Many distracted driving accidents happen because drivers assume they can safely multitask for “just a few seconds.” However, those few seconds can be enough time for traffic conditions to change dramatically.

At highway speeds, a vehicle can travel the length of a football field in only a few seconds. If a driver is looking at a phone instead of the road, the risk of a serious collision increases significantly.

Why Distracted Driving Accidents Are So Dangerous

Distracted driving crashes are often particularly severe because distracted drivers may fail to react before impact. Unlike some other accidents where a driver brakes or attempts to avoid a collision, distracted drivers frequently do not have time to respond.

This can result in high-speed impacts that cause catastrophic injuries.

Common distracted driving accidents include:

Rear-end collisions
Intersection crashes
Lane departure accidents
Sideswipe accidents
Highway collisions
Pedestrian accidents

Victims of distracted driving crashes may suffer injuries such as:

Traumatic brain injuries (TBIs)
Spinal cord injuries
Neck and back injuries
Broken bones
Internal bleeding
Soft tissue injuries
Severe cuts and burns

In some cases, distracted driving accidents can lead to permanent disability or wrongful death.

Beyond the physical injuries, many victims also experience emotional and financial hardships. Medical treatment, rehabilitation, lost income, and ongoing pain can create enormous stress for individuals and families trying to move forward after an accident.

Common Causes of Distracted Driving Accidents in Texas

Distracted driving can happen in countless ways, but certain behaviors are more commonly associated with serious crashes.

Texting While Driving

Texting while driving remains one of the leading causes of distracted driving accidents. Sending or reading a text message may only take a few seconds, but those seconds can dramatically reduce a driver’s ability to react to traffic conditions.

Texas law prohibits texting while driving, but violations still occur every day throughout the state.

Smartphone and App Use

Modern smartphones create constant distractions for drivers. Many motorists use their phones for:

GPS navigation
Social media
Streaming music or videos
Email
Messaging apps

Even hands-free technology can create cognitive distractions that take a driver’s focus away from the road.

Eating and Drinking While Driving

Busy schedules often lead people to eat meals in their vehicles. Unfortunately, spilled drinks, dropped food, or reaching for items can quickly cause a driver to lose control or miss important traffic changes.

Mental Distractions and Fatigue

Not all distractions involve a phone or physical activity. Drivers who are emotionally upset, fatigued, stressed, or mentally distracted may have slower reaction times and reduced awareness behind the wheel.

Passenger Distractions

Children, loud conversations, pets, and activity inside the vehicle can also divert a driver’s attention. In some situations, these distractions contribute to preventable crashes.

How To Prove Distracted Driving After an Accident

One of the biggest challenges in distracted driving accident claims is proving that the other driver was distracted at the time of the crash.

Many drivers deny using their phones or engaging in distracting behavior after an accident occurs. However, evidence may still reveal what happened.

Depending on the circumstances, evidence in a distracted driving accident case may include:

Cell phone records
Police reports
Traffic camera footage
Dashcam video
Eyewitness testimony
Vehicle data records
Accident reconstruction analysis
Surveillance footage
Social media activity timestamps

In some cases, law enforcement officers may note signs of distracted driving during the accident investigation. Witnesses may also report seeing a driver looking down at a phone or failing to pay attention before the collision.

An experienced distracted driving accident lawyer may work with investigators and experts to help gather and preserve evidence that supports a victim’s claim.

What To Do After a Distracted Driving Accident

The moments after a car accident are often confusing and stressful. However, the steps you take following a distracted driving accident may affect your health, safety, and potential legal claim.

1. Call 911

Always report the accident to law enforcement. A police report can help document important details about the crash, including statements from drivers and witnesses.

2. Seek Medical Attention

Even if your injuries seem minor initially, it is important to seek medical care promptly. Some injuries, including concussions and internal injuries, may not show symptoms immediately.

Medical records can also help establish a connection between the accident and your injuries.

3. Document the Scene

If possible, gather evidence at the accident scene, including:

Photos of vehicle damage and road conditions
Traffic signs
Skid marks
Visible injuries

You should also try to collect contact information from witnesses.

4. Avoid Discussing Fault

Avoid making statements that could be interpreted as admitting fault. It is generally best to provide factual information to law enforcement without speculating about the cause of the crash.

5. Notify Your Insurance Company

Promptly report the accident to your insurance company. Be careful when speaking with insurance adjusters and avoid providing recorded statements without understanding your rights.

6. Speak With a Distracted Driving Accident Lawyer

A distracted driving accident lawyer can help you understand the legal process and determine what options may be available in your situation.

Compensation That May Be Available After a Distracted Driving Accident

Every distracted driving accident case is unique. Depending on the circumstances, injured victims may be able to pursue compensation for losses related to the crash.

Potential damages may include:

Medical expenses
Cost of future medical treatment
Lost wages
Reduced earning capacity
Property damage
Rehabilitation costs
Pain and suffering
Emotional distress

The value of a claim depends on many factors, including the severity of injuries, insurance coverage, liability issues, and long-term impacts on the victim’s life.

Insurance companies often attempt to minimize payouts or dispute claims altogether. For this reason, many accident victims choose to work with legal counsel when pursuing compensation after a serious distracted driving accident.

Texas Laws Related to Distracted Driving

Texas has enacted laws designed to reduce distracted driving and improve roadway safety.

Under Texas law, drivers are prohibited from reading, writing, or sending electronic messages while operating a motor vehicle. Additional restrictions may apply in certain situations, including:

School zones
Drivers under age 18
School bus drivers
Drivers with learner’s permits

Violating distracted driving laws can result in fines and other penalties. In some accident cases, evidence of a traffic violation may support a claim that a driver acted negligently.

However, every accident case is different, and liability depends on the specific facts involved.

How a Distracted Driving Accident Lawyer Can Help

After a serious accident, many victims feel overwhelmed by medical appointments, insurance paperwork, vehicle repairs, and financial uncertainty. Having experienced legal guidance can help ease some of that burden.

A distracted driving accident lawyer can assist with:

Investigating the accident
Gathering evidence
Interviewing witnesses
Reviewing medical records
Communicating with insurance companies
Negotiating settlements
Preparing a case for litigation if necessary

At Bailey & Galyen, we understand that injured individuals and families are often dealing with significant stress after an accident. Our legal team works closely with clients to help them understand their options and navigate the legal process with confidence.

We believe every client deserves personal attention, honest communication, and dedicated representation.

Challenges in Distracted Driving Accident Claims

Distracted driving accident claims can become complicated for several reasons. Drivers often deny they were distracted, and critical evidence — phone records, surveillance footage, witness accounts — can disappear quickly if not preserved.

Another complicating factor is that insurance companies routinely push back on these claims, arguing that the victim was partially at fault, that injuries were unrelated to the crash, or that medical treatment was unnecessary. These arguments carry real weight in Texas, which follows a modified comparative fault rule: if you are found partially responsible for the accident, your compensation can be reduced accordingly. The combination of disputed facts, aggressive insurance tactics, and fault-allocation rules means that acting quickly and having experienced legal guidance is often the difference between a fair recovery and a diminished one.

Frequently Asked Questions (FAQs)

Texas law generally places time limits on filing personal injury claims after a distracted driving accident. In many cases, injured individuals have two years from the date of the accident to file a lawsuit, but certain circumstances may affect that deadline. Speaking with a lawyer early can help ensure important evidence is preserved and deadlines are not missed.

If the distracted driver was performing job-related duties when the crash occurred, their employer might also share responsibility. For example, accidents involving delivery drivers, rideshare drivers, or employees using company vehicles may involve additional insurance coverage or liability issues. Every case depends on the specific facts and employment relationship involved.

Possibly. Texas follows a modified comparative fault rule, which means you can still recover compensation as long as you are found less than 51% responsible for the accident. However, your award will be reduced by your percentage of fault.

For example, suppose you were hit by a driver who was texting, but you were also traveling 10 mph over the speed limit at the time of the collision. A jury might find the distracted driver 80% at fault and you 20% at fault. In that scenario, if your damages totaled $100,000, you would recover $80,000.

If you are found 51% or more responsible, however, Texas law bars any recovery entirely — which is why insurance companies often work to shift as much blame as possible onto the injured party.

Evidence in distracted driving accident cases may include phone records, police reports, witness statements, traffic camera footage, and dashcam video. In some situations, accident reconstruction experts or vehicle data may also help show what occurred before the crash. The availability and strength of evidence can vary from case to case.

Insurance companies sometimes offer early settlements before the full extent of injuries and long-term medical needs are known. Accepting an offer too quickly could leave an injured person responsible for future expenses that were not originally considered. It is important to fully understand your injuries, treatment needs, and legal rights before agreeing to a settlement.

Depending on the circumstances, injured victims may be able to seek compensation for medical expenses, lost wages, property damage, rehabilitation costs, and pain and suffering. The amount and type of compensation available will depend on factors such as injury severity and insurance coverage. Every distracted driving accident case is unique.

A distracted driving accident lawyer can help investigate the crash, preserve evidence, communicate with insurance companies, and explain your legal options. Legal guidance can also help accident victims avoid common mistakes that could affect their claims. After a serious accident, having experienced support may help reduce some of the stress involved in the recovery process.

Contact Bailey & Galyen After a Distracted Driving Accident

Distracted driving accidents can leave victims facing serious physical injuries, emotional stress, and unexpected financial burdens. In many cases, the impact of a crash can continue long after the accident itself, affecting your health, ability to work, and daily life.

If you or someone you love has been injured by a distracted driver, it is important to understand your legal rights and the options available under Texas law. The attorneys at Bailey & Galyen have decades of experience helping injured individuals and families navigate complex personal injury claims throughout Texas.

You do not have to face the aftermath of a distracted driving accident alone. Contact Bailey & Galyen today to speak with an experienced distracted driving accident lawyer and learn how our team can help you pursue the compensation you deserve after a serious crash.

Meet Your Personal Injury Attorneys

Phillip Galyen

President and CEO

James Bridge

COO & Firm Managing Attorney

Michael Galyen

Executive Vice President

Stephen C. Maxwell

Personal Injury Attorney

Daniel P. Sullivan

Personal Injury Attorney

Ana Lee Gonzalez

Personal Injury Attorney

Benton Gann

Personal Injury Attorney

Clint Lee

Catastrophic Injury Attorney

H. John Gutierrez

Personal Injury Attorney

Kern A. Lewis

Personal Injury Attorney

Scott Robelen

Personal Injury Attorney

Tyler D. Baker

Personal Injury Attorney

Steven Pierret

Personal Injury Attorney

Kimberlee Markle

Pre-Litigation Managing Attorney

Carin Evans

Catastrophic Injury Attorney

$108,000,000

Pharmaceutical Product Liability Litigation

Involving approximately 1,300 clients. Net to clients approximately $45,951,529.84.

$24,750,000

Product Liability

Client suffered traumatic brain injury. Net to client $14,787,020.00.

$7,500,000

Motor Vehicle Accident

Collision resulting in death of 40‑year‑old woman after a truck driver ran a red light while on his cell phone. Net to client $4,473,372.00.

$5,185,000

Motor Vehicle Accident

Collision involving commercial delivery truck resulting in traumatic brain injury to 50‑plus‑year‑old woman. Net to client $3,073,000.00.

$4,000,000

Injury by Delivery Service

Client suffered a severe back injury requiring surgical repair after being struck by equipment dropped by delivery service. Net to client $2,371,250.00.

$3,500,000

Workplace Injury

Crush injury to back. Net to client $2,500,000.00.

$2,500,000

Medical Negligence

Client suffered traumatic brain injury. Net to client $1,500,000.00.

$2,500,000

Workplace Injury

Client suffered a crushed pelvis in a workplace injury. Net to client $1,481,248.00.

$2,000,000

Motor Vehicle Accident

Client was paralyzed from waist down. Net to client $1,152,017.00.

$1,800,000

Commercial Vehicle Accident

Client was killed in a motor vehicle accident with a company vehicle where the defendant driver fell asleep at the wheel. Net to client $827,789.87.

$1,750,385.01

Non-Subscriber Work Injury

Net to client $1,049,317. Client sustained an amputation injury after being struck by a heavy construction vehicle while at work.

$1,100,000

Motor Vehicle Accident

Client suffered traumatic brain injury. Pre-trial settlement of full insurance coverage available $1,100,000.00. Net to client $681,865.00.

$1,061,882

Premises Liability

Minor killed in an ATV rollover accident. Net to client $588,153.19.

$860,000

Premises Liability

Client was injured after the salon chair they were in collapsed due to the chair not being bolted properly causing injuries to client’s head, back, hip, and left leg. Net to client $509,000.00.

$850,000

Non-Subscriber Work Injury

Forklift accident causing severe foot injury and disfigurement. Net to client $209,338.29.

$850,000

Non-Subscriber Workplace Injury

Client was injured after being involved in a forklift accident, causing serious neck injury. Net to Client $528,761.98.

$830,000

Commercial Vehicle Accident

Driver crossed into our client’s lane, hitting him head on. Multiple fractured bones, including pelvis, ribs, and sternum. Net to client $555,796.56.

$775,000

Commercial Vehicle Accident

Client was struck head on by an 18-wheeler that failed to stay within its lane. Client suffered severe injuries including a fractured spine. Net to client $226,808.29.

$750,000

Motor Vehicle Accident

Client was struck by a driver making an unsafe lane change on the highway suffering severe injuries. Net to client $392,135.51.

$750,000

Commercial Vehicle Accident

Single vehicle accident, client’s 18-wheeler was improperly repaired by a mechanic rendering the vehicle inoperable on the highway causing severe injuries to the client. Net to client $216,826.65.

$650,000

Non-Subscriber Work Injury

Forklift accident causing amputation of one leg below the knee. Net to client $240,649.27.

$575,000

Commercial Vehicle Accident

Client was rear-ended by a commercial pickup truck injuring their back, neck, and head. Net to client $206,174.95.

$550,000

Commercial Vehicle Accident

Client was involved in a multi-car accident causing head, neck, and back injuries. Net to client $216,294.49.

$500,000

Motor Vehicle Accident

Client suffered concussion and neck injury. Net to client $321,110.

$465,000

Motor Vehicle Accident

Client was struck by a speeding vehicle causing injuries to their head, back, and shoulder. Net to client $188,685.33.

$385,594

RideShare Motor Vehicle Accident

Client passenger in rideshare vehicle when hit by stolen car. Net to client $165,000.

$381,405

Motor Vehicle Accident

Client received whiplash injury in multi-vehicle accident. Net to client $102,000.

$379,294

Rear-End Accident

Client in small car rear-ended by pickup. Net to client $206,000.

$379,294

Rear End Accident

Client in small car rear-ended by pickup. Net to client $206,000.

$377,405

Workplace Injury

Client whose non-dominant hand caught in a machine at his workplace. Net to client $267,000.

$370,000

Commercial Vehicle Accident

Single car accident where the client was a passenger. The driver flipped the vehicle, causing knee and back injuries to the client. Net to client $247,344.16.

$320,000

Commercial Vehicle Accident

Client was injured after a commercial vehicle failed to yield right of way, resulting in a collision. Net to client $204,207.

Distracted Driving Accident Lawyer

$108,000,000

Pharmaceutical Product Liability Litigation

$24,750,000

Product Liability

$7,500,000

Motor Vehicle Accident

$5,185,000

Motor Vehicle Accident

$4,000,000

Injury by Delivery Service

$3,500,000

Workplace Injury

$2,500,000

Medical Negligence

$2,500,000

Workplace Injury

$2,000,000

Motor Vehicle Accident

$1,800,000

Commercial Vehicle Accident

$1,750,385.01

Non-Subscriber Work Injury

$1,100,000

Motor Vehicle Accident

$1,061,882

Premises Liability

$860,000

Premises Liability

$850,000

Non-Subscriber Work Injury

$850,000

Non-Subscriber Workplace Injury

$830,000

Commercial Vehicle Accident

$775,000

Commercial Vehicle Accident

$750,000

Motor Vehicle Accident

$750,000

Commercial Vehicle Accident

$650,000

Non-Subscriber Work Injury

$575,000

Commercial Vehicle Accident

$550,000

Commercial Vehicle Accident

$500,000

Motor Vehicle Accident

$465,000

Motor Vehicle Accident

$385,594

RideShare Motor Vehicle Accident

$381,405

Motor Vehicle Accident

$379,294

Rear-End Accident

$379,294

Rear End Accident

$377,405

Workplace Injury

$370,000

Commercial Vehicle Accident

$320,000

Commercial Vehicle Accident

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