In Texas, distracted driving is not only dangerous but also legally actionable. When a driver diverts their attention and causes a crash, they may be found negligent under state law. Every motorist has a duty to remain alert and operate their vehicle with reasonable care. When that duty is breached and injury results, liability follows.
Distraction-related collisions are alarmingly frequent in Houston. According to the Texas Department of Transportation, in 2024, nearly one in five crashes statewide involved a distracted driver, resulting in 373 deaths and 2,587 serious injuries.
Whether on I-45, the 610 Loop, or neighborhood roads across Harris County, these incidents often share a common thread: preventable inattention behind the wheel. The distractions differ— phones, GPS, food, unruly passengers—but the consequences are strikingly similar.
At D. Miller & Associates, PLLC, we investigate these cases with precision and advocate with intent. Our goal is to hold negligent drivers accountable and secure the compensation our clients deserve. If you were hurt in a crash where distraction may have played a role, contact us at 713-597-3765 to speak with an experienced Houston distracted driving accident lawyer.
What Is Considered Distracted Driving in Texas?
Under Texas law, distracted driving refers to any activity that diverts a driver’s attention away from the primary task of operating a motor vehicle. Distraction can be visual (taking your eyes off the road), manual (taking your hands off the wheel), or cognitive (taking your mind off driving). Any of these can impair reaction time and decision-making, often with devastating consequences.
Texting while driving is the most well-known distraction and is banned statewide under Texas Transportation Code § 545.4251. But distracted driving goes beyond phone use and includes:
- Reading or sending messages on any handheld device
- Programming a GPS or navigation system
- Eating or drinking behind the wheel
- Adjusting music, climate controls, or in-car apps
- Conversing with passengers in a way that takes mental focus off the road
- Looking at roadside distractions, including billboards or accidents
Common Types of Distracted Driving Accidents in Houston
Distracted driving can lead to many types of crashes, and Houston’s roads see them all. Here are some of the most common scenarios where distraction contributes to a car accident:
- Rear-end accidents in stop-and-go traffic
- Following too closely without braking in time
- Sideswipes from drifting into another lane
- T-bone collisions in intersections
- Running red lights or stop signs
- Failing to yield at crosswalks or merging lanes
- Hitting cyclists, motorcyclists, or pedestrians due to inattention
Each of these accident types involves clear negligence, and the consequences are often severe, requiring immediate legal scrutiny.
Who Can Be Held Liable in a Distracted Driving Accident?
Several parties may share legal responsibility for a distracted driving crash, including:
- The distracted driver, whose inattention directly caused the accident
- Employers, if the driver was working or using a device for job-related tasks
- Vehicle owners who knowingly allow unsafe drivers to use their cars
- Manufacturers of onboard tech or systems that contribute to distraction
- Government entities that fail to address road hazards contributing to crashes
At D. Miller & Associates, PLLC, we carefully evaluate every angle to ensure all responsible parties are held accountable.
What Compensation Can You Recover After a Distracted Driving Crash?
When another driver’s distraction causes a crash, you have a legal right to pursue full and fair compensation under Texas civil law. This is not limited to just out-of-pocket expenses. The law allows recovery for both economic and non-economic damages, which together reflect the total impact the collision has had, and will continue to have, on your life.
- Past and future medical expenses
- Lost wages and income
- Loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress and mental anguish
- Loss of consortium
- Punitive damages
- Disfigurement or permanent impairment
- Loss of enjoyment of life
What if You’re Partially at Fault for a Distracted Driving Accident in Texas?
Texas follows a modified comparative fault rule, which means you can still recover compensation even if you were partially responsible for the crash, as long as you are not more than 50% at fault. This is codified under Texas Civil Practice and Remedies Code § 33.001.
If you’re found to share blame, your compensation will be reduced by your percentage of fault. For example, if your total damages are $100,000 but you’re deemed 20% at fault, your award would be reduced to $80,000.
But remember, percentages are not always objective; they are negotiated and, sometimes, fought over. Insurance companies often exploit this law to shift blame and minimize their payout. That is why it is crucial to have legal representation that knows how to challenge those tactics and defend your share of the truth.
How Long Do You Have to File a Distracted Driving Injury Claim in Texas?
If you have been hurt in a distracted driving accident, know that Texas law gives you a limited window to take legal action. Generally, you have two years from the date of the crash to file a personal injury lawsuit.
Missing this deadline can mean losing your right to pursue compensation, no matter how valid your claim may be.
What to Do After a Distracted Driving Accident in Houston
Immediately following a distracted driving crash, your actions matter. To protect your health and legal rights:
- Seek medical attention, even if injuries seem minor; prompt treatment documents your condition.
- Report the accident to the police and obtain an official report.
- Collect evidence: photographs of the scene, vehicle damage, and contact details for all involved parties and witnesses.
- Avoid admitting fault or providing detailed statements to others or insurance adjusters.
- Notify your insurer, but do not accept any settlement offers without legal counsel.
- Contact an experienced Houston distracted driving attorney promptly to guide your claim and protect your interests.
Following these steps strengthens your case and maximizes your potential recovery.
How D. Miller & Associates, PLLC Can Help With Your Distracted Driving Claim
In distracted driving cases, liability is rarely conceded without a fight. The defense will often downplay the distraction, deny negligence, or shift the blame entirely. To overcome these obstacles, you need a firm with the experience and resources to prove distraction beyond doubt.
At D. Miller & Associates, PLLC, we don’t just accept what insurers say; we dig deep to establish a clear, compelling case that holds negligent drivers accountable.
How we help:
- Comprehensive evidence collection: We act swiftly to secure critical data before it’s lost or deleted—phone records, GPS data, dashcam and traffic camera footage, and vehicle telematics.
- Detailed witness interviews: Our team tracks down eyewitnesses who can corroborate distracted behavior, from passengers to other drivers and pedestrians.
- Accident reconstruction and expert analysis: We collaborate with forensic engineers and accident reconstruction specialists who analyze vehicle damage, skid marks, and collision dynamics to pinpoint how distraction contributed to the crash.
Whether negotiating with insurance companies or litigating in court, our thorough preparation gives you a distinct advantage. If you are searching for a distracted driving accident lawyer near me, D. Miller & Associates, PLLC offers trusted, local representation backed by years of experience and a record of results in Houston and across Texas.
Discuss Your Case with a Distracted Driving Accident Lawyer in Houston, TX
If you were injured in a distracted driving collision, we will help you pursue justice. The attorneys at D. Miller & Associates understand the complexities of distracted driving cases in Houston. We provide thorough case evaluations to help you understand your legal options and the potential for compensation.
Our consultations are free, with no obligation. We are here to answer your questions clearly and honestly, so you can make informed decisions about your case. If your claim has merit, we will pursue it aggressively on a contingency fee basis. This means you will not pay any attorney fees unless we secure compensation for you.
Please contact us today at 713-597-3765 to speak directly with a Houston car accident lawyer about your case.
