Texting and Driving Accident Attorney in Dallas

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Every day on the roads around Denton, drivers pass through the busy I-35E corridor, merge onto US-380, and travel through neighborhoods like Rayzor Ranch and near the University of North Texas campus, all while sharing the road with someone who has their eyes on a phone instead of the road ahead. A texting and driving accident can happen in a split second, and the injuries left behind, including whiplash, traumatic brain injuries, spinal cord damage, and broken bones, can change a person’s life permanently. If another driver’s phone use caused your crash, you have legal rights under Texas law, and Chandler Ross Injury Attorneys in Denton is ready to help you pursue them. As personal injury lawyers serving the Dallas-Fort Worth area, we fight for injury victims who deserve real answers and fair compensation.

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Texas Law on Texting and Driving

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 stopped. This is a statewide law that covers texting, emailing, and any other form of electronic messaging. Hands-free devices are permitted, but picking up the phone to type or read is a violation, plain and simple.

The law also carries stricter rules for certain groups. Drivers under 18 cannot use any wireless device while driving. All drivers are prohibited from using handheld devices in school zones. School bus drivers may not use cell phones while children are on board. These added restrictions reflect just how seriously Texas treats phone-related distraction behind the wheel.

The penalties scale with the harm caused. A first offense typically carries a fine between $25 and $99. But if a driver’s texting causes the death or serious bodily injury of another person, the offense becomes a Class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail under Texas Transportation Code Section 545.4251. That criminal exposure matters in a civil case, too, because a violation of this law is direct evidence of negligence. When a driver breaks a safety statute and that violation causes your injuries, Texas law supports holding them financially responsible.

Texas also preempts local ordinances on this issue, meaning the statewide law governs electronic messaging restrictions uniformly across all cities and counties. Whether the crash happened near the Denton County Courthouse on Hickory Street or out on Highway 288, the same standard applies.

Why Texting and Driving Is So Dangerous in the Dallas-Denton Area

The Dallas-Denton corridor is one of the busiest stretches of roadway in Texas. Drivers commuting from Denton into Dallas on I-35E deal with heavy traffic, frequent lane changes, and high speeds. That environment leaves zero margin for a distracted driver. In 2024, 3,208 people were killed in motor vehicle crashes involving distracted drivers across the United States, according to the National Highway Traffic Safety Administration. An estimated 315,167 people were injured in traffic crashes involving distracted drivers in 2024.

The reason texting is so deadly comes down to simple physics. When a driver sends or reads a text message, their eyes are off the road for an average of five seconds, and at 55 mph, that is the equivalent of driving the length of a football field completely blind. On a stretch of I-35E near the Denton/Dallas county line, where traffic can be moving at 70 miles per hour or faster, that five-second window is more than enough to cause a catastrophic rear-end collision or a deadly sideswipe crash.

In 2024, distracted driving was a factor in an estimated 13 percent of all injury crashes reported to police. The Texas Department of Transportation has reported that distracted driving played a part in close to 17 percent of fatal crashes in recent years, accounting for nearly 2,800 serious injuries and close to 400 deaths in a single year. These are not abstract numbers. They represent real people driving to work on US-380, dropping kids off near Denia Park, or heading downtown to the Denton Square.

Younger drivers make the problem worse. Drivers in the 21-to-24 age group made up 9 percent of drivers in fatal traffic crashes but were 15 percent of drivers distracted by cellphones in fatal crashes, according to NHTSA. With the University of North Texas and Texas Woman’s University drawing tens of thousands of students to Denton each year, the local roads carry a disproportionate share of young drivers who are statistically more likely to be using their phones behind the wheel.

How a Texting Driver’s Negligence Affects Your Claim

When a driver violates Texas Transportation Code Section 545.4251 and causes a crash, that violation is powerful evidence of negligence in a civil lawsuit. Texas follows a modified comparative fault system, which means you can still recover compensation even if you were partially at fault, as long as your share of fault does not exceed 50 percent. If the other driver was texting, their percentage of fault is typically very high, which protects your ability to recover full damages.

Proving that the other driver was on their phone at the time of your crash requires real evidence. Phone records obtained through legal discovery can show exactly when a driver sent or received a message. Witness statements, dashcam footage, and police crash reports from TxDOT (available under Texas Transportation Code Section 550.065) can also establish distraction. Surveillance cameras near intersections in areas like the Dallas North Tollway or along Loop 288 in Denton sometimes capture the moments leading up to a crash.

The damages available in a texting and driving case can include medical bills, lost wages, pain and suffering, property damage, and in the most serious cases, wrongful death damages. If the driver’s conduct was especially reckless, Texas law also allows for exemplary damages in some circumstances. Working with a car accident lawyer who understands how to gather and present this evidence makes a real difference in the outcome of your case.

Insurance companies know that texting cases can generate significant verdicts and settlements. That is exactly why their adjusters move quickly after a crash to limit what they pay. Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. What you say in those early conversations can be used to reduce or deny your claim. Past results in any case depend on the specific facts and law involved, and no outcome can be guaranteed, but having experienced legal representation levels the playing field.

What to Do After a Texting and Driving Accident in Denton or Dallas

The steps you take immediately after a crash directly affect the strength of your injury claim. First, call 911 and make sure law enforcement responds to the scene. A police report creates an official record, and if the officer observes signs that the other driver was on their phone, that observation may appear in the report. Under Texas Transportation Code Section 550.065, you have the right to obtain a copy of that crash report, and it becomes a key piece of evidence in your case.

Take photos of everything at the scene: vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries. If you are near a recognizable Denton landmark like the Rayzor Ranch shopping area or the intersection at University Drive and I-35E, note that in your account of the crash. Location details help reconstruct what happened and establish how the collision occurred.

Seek medical attention right away, even if you feel fine. Injuries like herniated discs, soft tissue damage, and traumatic brain injuries often do not show full symptoms until hours or days after a crash. A gap in medical treatment gives insurance companies ammunition to argue your injuries were not caused by the accident. Get evaluated, follow your doctor’s instructions, and keep records of every appointment, prescription, and expense.

Contact Chandler Ross Injury Attorneys as soon as possible. Texas has a two-year statute of limitations for personal injury claims, meaning you generally have two years from the date of the accident to file a lawsuit. Missing that deadline almost always means losing your right to recover anything. A car accident attorney can begin preserving evidence, communicating with insurers, and building your case from day one.

Why Denton Residents Choose Chandler Ross Injury Attorneys

Chandler Ross Injury Attorneys is based in Denton, Texas, which means we know this community. We know the roads where these crashes happen, from the busy stretch of I-35E near the Denton Enterprise Airport to the surface streets around Golden Triangle Mall. We understand the local courts, including the Denton County District Courts, and we know how to build cases that hold distracted drivers accountable under Texas law.

Our firm handles car accident cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There are no upfront costs and no hourly billing. You focus on recovering from your injuries while we handle the legal work. We deal directly with insurance adjusters, gather evidence, consult with medical experts, and fight for the full value of your claim.

Texting and driving accident cases require prompt action. Phone records can be deleted or become harder to obtain over time. Witness memories fade. Surveillance footage gets overwritten. The sooner you contact us, the better positioned we are to protect your rights. We serve clients throughout the Dallas-Fort Worth area, including those who need a car accident lawyer in Keller, those seeking a car accident attorney in Justin, and clients from communities across the region who need a car accident lawyer in Jacksboro. No matter where your crash occurred in North Texas, our team is ready to help.

Call Chandler Ross Injury Attorneys today at (940) 800-2500 for a free consultation. There is no obligation, and everything you share with us is confidential. You deserve to know your options, and we are here to walk you through them.

This page was prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. All attorneys at this firm are licensed to practice law in the State of Texas.

FAQs About Texting and Driving Accident Claims in Denton and Dallas

Is texting while driving illegal in Texas?

Yes. Under Texas Transportation Code Section 545.4251, it is illegal for any driver to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is fully stopped. This applies statewide and covers texting, emailing, and other forms of electronic messaging. A first offense carries a fine between $25 and $99, but if the driver causes death or serious bodily injury, the charge can rise to a Class A misdemeanor with fines up to $4,000 and up to one year in jail.

How do I prove the other driver was texting at the time of the crash?

Phone records are the most direct form of evidence. Through the legal discovery process, your attorney can subpoena the other driver’s cell phone records to show exactly when messages were sent or received. Other evidence includes witness statements, police reports, dashcam footage, and nearby surveillance camera recordings. Acting quickly matters because some of this evidence, especially video footage, can be lost within days of a crash.

Can I still recover compensation if I was partially at fault for the accident?

Texas follows a modified comparative fault rule. You can recover compensation as long as your share of fault is 50 percent or less. Your total recovery is reduced by your percentage of fault. For example, if you are found 20 percent at fault and your damages total $100,000, you would recover $80,000. If the other driver was texting, their fault percentage is typically substantial, which generally works in your favor when calculating what you can recover.

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

In most cases, Texas law gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is set by the Texas statute of limitations for personal injury claims. Missing it almost always means losing your right to recover compensation entirely. There are limited exceptions, such as when the injured person is a minor, but you should not count on those exceptions applying to your situation. Contact an attorney as soon as possible after your crash.

What compensation can I recover after a texting and driving accident?

Depending on the facts of your case, you may be able to recover compensation for medical bills (past and future), lost wages, reduced earning capacity, pain and suffering, emotional distress, property damage, and in some cases, exemplary damages if the driver’s conduct was especially reckless. The value of any individual claim depends on the specific facts and law involved, and no particular outcome can be guaranteed. Speaking with an attorney is the best way to understand what your claim may be worth.

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