What Are My Rights After a Texting & Driving Accident?


Texting and driving is one of the most dangerous forms of distracted driving, resulting in several thousand deaths annually in the United States. It has been found that more than 480,000 drivers use cell phones while their eyes should be on the road, endangering countless lives – including their own. If you have been injured in a texting and driving collision, the very experienced car accident lawyers at Reyes Law in Dallas,Texas will help you file a lawsuit and pursue compensation for your injuries. 

How Texting and Driving Endangers Your Life

Unfortunately, many drivers believe that they will be able to react in time to avoid a collision – just enough to swerve the vehicle out of the way or other evasive maneuvers – only to find that it can happen in just the blink of an eye. Even at speeds of only 55 miles an hour, distracted driving can result in some very serious damage to both vehicles and the individuals operating them. 

The dangers of this habit are due primarily to the compounding effects of three types of distractions:

  • Visual: First and foremost, texting and driving removes the driver’s focus from the road and redirects it to their phones instead. The time it takes to shift attention between the road and the mobile device is enough for a collision to occur. 
  • Cognitive: “Inattention blindness” is what happens when those individuals texting behind the wheel occasionally glance up without paying any real attention to what’s happening on the road. This causes significant delays in reaction time and can persist even when the driver is looking straight ahead. 
  • Manual: Texting and driving does not allow for both hands to be on the wheel at all times, resulting in decreased maneuverability and compromised vehicle operation.

If you have been the victim of a driver exhibiting any of these types of negligence, you have the right to pursue legal action.

Your Rights as a Victim of Texting and Driving

An individual who was texting and driving at the time of collision will, unfortunately, not be subject to steep criminal penalties. However, you can still pursue compensation by proving that they were distracted in any or all of the manners listed above. To win your case, you must prove:

  • The individual caused the accident due to negligence like those forms listed above.
  • The driver was texting at the time of the collision. 

Not all state laws concerning texting and driving are the same. For instance, Washington D.C. and 30 states ban the use of cell phones when driving for novice motorists, while 20 states (again, along with Washington D.C.) only outlaw the habit for school bus drivers. You will need to check your state laws to achieve a better understanding of the potential results of your case for the negligent party. 

It’s difficult to prove the negligent behavior of texting and driving, so you’ll need the help of an experienced car accident lawyer to strengthen your case. An experienced lawyer can acquire cell phone records and other hard evidence, such as witness testimonies, to prove the guilty party’s negligence, and recover the compensation you need for a healthy recovery. Get in contact with a lawyer today to get your case started.