Distracted Driving Accident Lawyer in Denton

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Every year, distracted drivers cause thousands of crashes across Texas, and Denton is no exception. Whether it happens on I-35 near the Denton County Courthouse, along University Drive, or at a busy intersection on Loop 288, a split second of inattention can change your life forever. If a distracted driver hurt you or someone you love, the personal injury lawyers at Chandler Ross Injury Attorneys in Denton, Texas are ready to fight for the compensation you deserve. Call us today at (940) 800-2500 for a free consultation.

Table of Contents

What Is Distracted Driving Under Texas Law?

Distracted driving is any activity that pulls a driver’s attention away from the road. That includes visual distractions (looking away from the road), manual distractions (taking hands off the wheel), and cognitive distractions (letting your mind wander from the task of driving). Texting is the most dangerous form because it combines all three at once.

Texas Transportation Code Section 545.4251 makes it illegal for any driver to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is fully stopped. That means not at a red light, not in stop-and-go traffic on I-35E, and not while waiting for a train crossing on Carroll Boulevard. The law treats any vehicle still in a travel lane as being “in motion.” Violations are a primary offense, meaning a police officer can pull you over solely for using your phone while driving, without needing any other reason to stop you.

The City of Denton goes even further. Denton has banned handheld device use while driving altogether, with limited exceptions for GPS use or ending a call, and violations may result in fines up to $500. That is stricter than the state baseline, and it reflects how seriously local authorities take this problem. Drivers under 18 face even tighter rules. If you are under 18, you cannot use your phone while driving at all, not for calls, not for music, not even with Bluetooth. School bus drivers and anyone operating in an active school zone face additional restrictions as well.

Distracted driving is not limited to phone use. Eating, adjusting the radio, arguing with a passenger, or even looking at a roadside billboard can qualify as distraction if it contributes to a crash. Driver distraction is a specific type of inattention that occurs when drivers divert attention from the driving task to focus on some other activity, and it includes eating, talking to passengers, adjusting the radio or climate controls, or adjusting other vehicle controls. Any of these behaviors can form the basis of a negligence claim if they cause a collision in Denton.

The Real Scope of Distracted Driving Crashes in Texas and Across the U.S.

The numbers are sobering. Distracted driving claimed 3,208 lives across the United States in 2024, and in that same year, 3,208 people were killed in motor vehicle crashes involving distracted drivers. An estimated 315,167 people were injured in traffic crashes involving distracted drivers in 2024. Those are not just statistics. Each number represents a real person, many of them right here in North Texas.

Texas tells a similar story. According to the Texas Department of Transportation, distracted driving played a part in close to 17 percent of fatal crashes in a recent reporting year, accounting for nearly 2,800 serious injuries and close to 400 deaths in that period alone. The Texas A&M Transportation Institute has reported that as many as 20 percent of Texans admit to sending texts while behind the wheel, despite knowing it is illegal.

Think about what five seconds of distraction really means. According to the NHTSA, texting can divert a driver’s attention for an average of five seconds, which is like driving the length of a football field at 55 mph with your eyes off the road. On a busy stretch of highway like I-35 through Denton, that is more than enough time to rear-end a stopped vehicle, drift into another lane, or miss a pedestrian crossing at a campus crosswalk near the University of North Texas.

Five percent of fatal crashes, an estimated 13 percent of injury crashes, and an estimated 12 percent of all police-reported traffic crashes were reported as distraction-affected in 2024. Younger drivers are especially at risk. Six percent of drivers aged 15 to 20 involved in fatal crashes were reported as distracted, making this age group the one with the largest proportion of distracted drivers at the time of fatal crashes. With the University of North Texas and Texas Woman’s University both located in Denton, young drivers are a common presence on local roads.

How Texas Law Supports Your Distracted Driving Injury Claim

When a distracted driver causes a crash, Texas law gives injured victims a clear path to compensation. The legal foundation is negligence. Every driver in Texas has a duty to pay attention to the road and operate their vehicle safely. When a driver picks up their phone, eats a burger, or lets their attention drift, and someone gets hurt because of it, that driver has breached their duty of care.

If the at-fault driver was violating Texas Transportation Code Section 545.4251 at the time of the crash, that violation can be used to establish what lawyers call “negligence per se.” If a distracted driver causes an accident, they may be held legally responsible for damages through a personal injury lawsuit under the legal theory of negligence per se, meaning that violating the texting law automatically establishes negligence. You do not have to prove the driver was careless in a general sense. The violation of the law itself is the proof.

Texas uses a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. Under this rule, a driver who was partially at fault for an accident may still recover damages if they were less than 51 percent responsible, but their compensation will be reduced by their percentage of fault, and if a texting driver is found to be more than 50 percent responsible, they will be barred from recovering any damages. This matters because insurance companies routinely try to shift blame onto the victim to reduce or deny a payout. Having an experienced attorney in your corner helps protect your share of fault from being inflated unfairly.

You also have a limited window to act. The Texas statute of limitations for personal injury claims is two years from the date of the crash. If you miss that deadline, you lose your right to sue, regardless of how strong your case is. Reaching out to a car accident lawyer as soon as possible after a distracted driving crash in Denton gives your legal team the best chance to gather evidence, interview witnesses, and build a solid case before memories fade and records disappear.

What Evidence Proves a Driver Was Distracted?

Proving distracted driving requires more than a hunch. Insurance companies will not take your word for it, and neither will a jury. Building a strong case means gathering specific, concrete evidence that shows the driver’s attention was elsewhere at the moment of impact.

Phone records are often the most powerful piece of evidence in a distracted driving case. A subpoena can pull call logs, text timestamps, and app activity from the at-fault driver’s carrier. If those records show the driver sent a message or opened a social media app seconds before the crash, that data can be decisive. Phone records, witness testimony, and video evidence can all play a role in establishing fault.

Surveillance footage from nearby businesses, traffic cameras at intersections like Teasley Lane and I-35W, and dashcam footage from other vehicles can capture the moments before impact. Eyewitnesses who saw the driver looking down or holding a phone are also valuable. Accident reconstruction experts can analyze skid marks, vehicle damage patterns, and impact angles to show that the driver never braked, which suggests they never saw the hazard coming.

The police report from the Denton Police Department is another key document. Officers who respond to the scene may note signs of distraction, and any citation issued under Section 545.4251 goes directly into that report. Social media posts made around the time of the crash, GPS data from the driver’s phone, and even in-vehicle infotainment system logs can all serve as evidence in the right case.

At Chandler Ross Injury Attorneys, we know how to request and preserve this evidence quickly. Acting fast is critical because phone carriers only retain certain records for a limited time, and video footage gets overwritten. If you were hurt by a distracted driver anywhere in Denton County, including on busy corridors like University Drive or near Rayzor Ranch, call us at (940) 800-2500 right away. A dedicated car accident lawyer can get to work on your case immediately.

What Compensation Can You Recover After a Distracted Driving Crash in Denton?

A distracted driving crash can leave you with medical bills, lost income, and injuries that affect your daily life for months or years. Texas law allows injured victims to seek compensation for both economic and non-economic losses, and in some cases, punitive damages may also be available.

Economic damages cover your measurable financial losses. That includes emergency room bills at Texas Health Presbyterian Hospital Denton on North I-35, follow-up care, physical therapy, surgery, prescription costs, and any future medical treatment your injuries require. If your crash injuries kept you out of work, you can also recover lost wages and, if your ability to earn a living is permanently affected, future lost earning capacity.

Non-economic damages cover the losses that do not come with a receipt. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships are all compensable under Texas law. These damages are often significant in serious crash cases involving traumatic brain injuries, spinal cord damage, broken bones, or soft tissue injuries that linger long after the accident.

When a driver’s conduct was especially reckless, such as texting at highway speeds or ignoring repeated warnings, a court may also award punitive damages. These are designed to punish the wrongdoer and deter similar behavior. While not guaranteed in every case, they are worth discussing with your attorney if the facts support them.

Every case is different, and past results in other cases do not guarantee a specific outcome in yours. What we can tell you is that Chandler Ross Injury Attorneys handles distracted driving cases on a contingency fee basis, meaning you pay nothing unless we recover for you. If you were hurt by a distracted driver in Denton or anywhere in the surrounding area, contact a skilled car accident attorney at our firm today. We also serve clients throughout the region, including those who need an car accident lawyer in the Arlington area. Call (940) 800-2500 or reach out online to schedule your free, no-obligation consultation.

FAQs About Distracted Driving Accidents in Denton

Can I still recover compensation if the distracted driver claims they were not on their phone?

Yes. A driver’s denial does not end your case. Phone records, surveillance footage, eyewitness accounts, and accident reconstruction analysis can all establish distraction even when the at-fault driver refuses to admit fault. Our team knows how to obtain subpoenas for phone carrier records and request footage from nearby cameras before that evidence disappears. The driver’s version of events is just one piece of the picture, and it is rarely the most convincing one.

What if I was partially at fault for the crash?

Under Texas Civil Practice and Remedies Code Section 33.001, you can still recover damages as long as you were not more than 50 percent responsible for the crash. Your compensation will be reduced by your percentage of fault, but you are not automatically barred from recovery just because you share some blame. Insurance adjusters routinely try to inflate your share of fault to reduce what they owe you, which is exactly why having an attorney on your side matters from the start.

How long do I have to file a distracted driving injury claim in Texas?

Texas law gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is firm, and missing it almost always means losing your right to compensation entirely. There are narrow exceptions, such as cases involving minors or certain government vehicles, but do not count on an exception applying to your situation. Contact Chandler Ross Injury Attorneys as soon as possible after your crash so we can protect your rights and preserve critical evidence while it is still available.

What if the distracted driver who hit me was working at the time of the crash?

If the driver was on the clock for their employer when the crash happened, the employer may share liability under a legal theory called respondeat superior. This is common in cases involving delivery drivers, sales representatives, or company vehicles. Employer liability can significantly increase the available insurance coverage in your case, which matters when your injuries are serious. Our attorneys will investigate the driver’s employment status and whether any company policies contributed to the distracted driving behavior.

Do I need a lawyer if the insurance company already offered me a settlement?

Early settlement offers from insurance companies are almost always lower than what your case is actually worth. Adjusters are trained to close claims quickly and cheaply, often before you know the full extent of your injuries or future medical costs. Accepting a settlement typically means signing away your right to seek any additional compensation, even if your condition worsens. Before you sign anything, speak with an attorney at Chandler Ross Injury Attorneys. The consultation is free, and we only get paid if we recover money for you. Call us at (940) 800-2500 today.

More Resources About Causes of Car Accidents in Denton, TX