Texting and Driving Accident Attorney in Denton

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Every day in Denton, drivers pass through busy intersections on University Drive, merge onto I-35E near the Denton County Courthouse, and stop at traffic lights on Loop 288, all while someone nearby has their eyes on a phone instead of the road. Texting and driving is one of the most preventable causes of serious crashes, yet it keeps happening. If a distracted driver injured you or someone you love, the personal injury lawyers at Chandler Ross Injury Attorneys in Denton are ready to help you pursue the full compensation you deserve.

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Texas Law on Texting and Driving

Texas made texting while driving a statewide offense under Texas Transportation Code Section 545.4251. Under that law, an operator commits an offense if they use a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. That means a red light does not count as “stopped” for purposes of this law. If the vehicle is in motion, putting your phone down is the only legal option.

The law covers more than just text messages. It is illegal to read, write, or send electronic messages while operating a motor vehicle, and this is a statewide law that includes texting, emailing, and any other form of communication. There are also stricter rules for certain drivers. Drivers under 18 cannot use any wireless device while driving, those with learner’s permits cannot use a handheld device for the first six months, and all drivers are prohibited from using handheld devices in school zones.

The penalties are real. A first offense carries a fine, but the stakes go up fast when someone gets hurt. If the driver’s actions led to the death or serious injury of another person, they can be charged with a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $4,000. Beyond criminal penalties, a violation of this law is powerful evidence in a civil injury claim. When a distracted driver causes a crash on Teasley Lane or Carroll Boulevard and injures someone, that citation does not just go on their driving record. It can directly support your case for compensation.

How Dangerous Is Texting and Driving in Texas?

The numbers tell a sobering story. Distracted driving claimed 3,208 lives across the United States in 2024. An estimated 315,167 people were injured in traffic crashes involving distracted drivers in 2024. Texas is not immune to this problem. According to the Texas Department of Transportation, over 100,000 crashes in Texas each year involve some form of distracted driving, and thousands of those are attributed to phone use, including texting.

Think about what five seconds on a phone actually means at highway speeds. When a driver sends or reads a text message, their eyes are off the road for an average of five seconds, which at 55 mph is the equivalent of driving the length of a football field completely blind. On a stretch of I-35 near Denton, that is more than enough distance to miss a braking car, a merging truck, or a pedestrian in a crosswalk.

Texting also does more than take your eyes off the road. The cognitive distraction that texting causes takes your attention and mental focus away from driving, which delays reaction time and increases the risk of accidents. In 2024, distracted driving was reported as a factor in 5% of fatal crashes, an estimated 13% of injury crashes, and an estimated 12% of all police-reported traffic crashes. Young drivers face the greatest risk. Six percent of drivers ages 15 to 20 involved in fatal crashes were reported as distracted, making that age group the largest proportion of distracted drivers in fatal crashes. If you were hit by a young or inexperienced driver who was on their phone, that pattern matters in your case.

Proving Fault in a Texting and Driving Crash in Denton

Fault does not prove itself. After a crash on a busy stretch of road like Loop 288 or US-380, you need evidence that shows the other driver was on their phone. The good news is that several types of evidence can establish exactly that.

Phone records are often the most direct form of proof. A subpoena to the driver’s wireless carrier can show exactly when messages were sent or received, and that timestamp can be matched against the time of your crash. This type of evidence is routinely used in distracted driving cases, and it can make the difference between a disputed claim and a clear-cut case of negligence.

Witness statements also matter. Drivers and passengers in nearby vehicles sometimes see the at-fault driver looking down before impact. Security cameras at businesses along Carroll Boulevard or near the Denton County Courthouse area may have captured the moments leading up to the crash. Dashcam footage from other vehicles can be equally valuable. Under Texas Transportation Code Section 550.065, crash reports filed with TxDOT are available to parties directly involved in the accident, including injured victims and their representatives. Obtaining that report quickly is one of the first steps after any collision.

Texas uses a modified comparative fault system. Under Texas law, if a distracted driver is more than 50% responsible for a crash, they may be barred from recovering damages. That same rule works in your favor when you are the injured party. As long as your share of fault does not exceed 50%, you can still recover compensation, though your award may be reduced by your percentage of fault. A skilled car accident attorney can work to build the strongest possible case on your behalf and protect your right to full recovery.

What Compensation Can You Recover After a Texting and Driving Accident?

A texting and driving crash can leave you with injuries that change your life. Rear-end collisions caused by a distracted driver often result in whiplash, herniated discs, and traumatic brain injuries. Side-impact crashes at intersections on University Drive can cause broken bones, spinal cord damage, and internal injuries. The compensation you pursue should reflect the full weight of those losses.

Texas law allows injury victims to recover both economic and non-economic damages. Economic damages include your medical bills, both current and future, lost wages while you were unable to work, and the cost of repairing or replacing your vehicle. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In cases where the at-fault driver’s conduct was especially reckless, such as texting at high speed through a school zone or a known dangerous intersection, Texas courts may also award punitive damages.

If you are injured by someone who was texting or using a phone, you may be able to seek compensation for medical bills, lost wages, and other damages. The key is acting quickly. Evidence disappears. Phone records can be harder to obtain as time passes. Witnesses forget details. Texas also has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code Section 16.003, meaning you generally have two years from the date of the crash to file a lawsuit. Waiting too long can cost you everything.

If you are dealing with an insurance company that is delaying your claim or offering a lowball settlement, a car accident lawyer who handles these cases can push back on those tactics and fight for what you actually deserve. Past results in any case do not guarantee the same outcome in yours, since every claim turns on its own facts and the applicable law.

Why Choose Chandler Ross Injury Attorneys for Your Denton Texting and Driving Case

Chandler Ross Injury Attorneys is a Denton-based personal injury law firm that handles car accident cases throughout Denton County and the surrounding area. Our attorneys know the local roads, the local courts, and the insurance companies that operate in this region. We handle cases involving crashes on I-35E, Loop 288, and neighborhood streets throughout Denton, and we understand what it takes to build a strong distracted driving claim from the ground up.

We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly bills. You can focus on your recovery while we focus on your case. Whether your claim involves a straightforward rear-end collision or a complex multi-vehicle crash involving a distracted driver, we treat every client’s case with the same level of attention and dedication.

If you were injured near Texas Health Presbyterian Hospital Denton on I-35, or anywhere else in Denton County, do not wait to get legal advice. Contact Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation. Our attorneys are licensed in Texas and practice in Denton and the surrounding communities. We are also proud to serve clients throughout the region, including those who need a car accident lawyer in Irving, a car accident attorney in Lewisville, or a car accident lawyer in Decatur. Let us review your case and explain your options at no cost to you.

FAQs About Texting and Driving Accidents in Denton

Is texting and driving illegal in Texas, and can that help my injury claim?

Yes. Under Texas Transportation Code Section 545.4251, it is illegal to read, write, or send an electronic message while operating a moving vehicle. A violation of that law is strong evidence of negligence in a civil injury claim. If the at-fault driver received a citation for texting, that citation can directly support your case for compensation. Even without a citation, phone records and witness testimony can establish that the driver was distracted at the time of the crash.

How do I prove the other driver was texting when they hit me?

The most reliable evidence is the driver’s cell phone records, which can be obtained through a subpoena to their wireless carrier. These records show the exact times messages were sent or received. Witness statements, surveillance camera footage from nearby businesses, dashcam video, and the official TxDOT crash report can all add to that picture. An attorney can act quickly to preserve this evidence before it is lost or destroyed.

What if the other driver denies they were texting?

Denial is common in distracted driving cases. That is exactly why physical evidence matters so much. Phone records do not lie. If a text was sent at 2:14 p.m. and the crash happened at 2:14 p.m., the timestamps speak for themselves. An experienced attorney knows how to subpoena those records and use them to counter a driver’s denial. Other evidence, such as skid marks, impact angles, and witness accounts, can also support your version of events.

How long do I have to file a claim after a texting and driving accident in Texas?

In most personal injury cases in Texas, you have two years from the date of the accident to file a lawsuit, under Texas Civil Practice and Remedies Code Section 16.003. Missing that deadline typically bars you from recovering anything, regardless of how strong your case is. There are some limited exceptions, such as claims involving government vehicles or injured minors, but you should not count on an exception applying to your situation. Contact an attorney as soon as possible after your crash.

Can I still recover compensation if I was partly at fault for the crash?

Texas follows a modified comparative fault rule. You can still recover compensation as long as your share of fault does not exceed 50%. If you are found to be 20% at fault, for example, your total recovery is reduced by 20%. The insurance company may try to inflate your share of fault to reduce what they owe you. Having an attorney on your side helps ensure that the fault determination is fair and based on the actual evidence in your case.

More Resources About Causes of Car Accidents in Denton, TX