Distracted driving caused nearly 10,000 crashes in Harris County in 2024. Those crashes killed 29 people and seriously injured 246 more, according to the Texas Department of Transportation (TxDOT). Across Texas, distracted drivers were involved in more than 91,000 crashes that year — making distraction the second-leading cause of accidents statewide. If a distracted driver hit you, Texas law gives you the right to pursue compensation. Evidence of that distraction — phone records, witness statements, crash reports — disappears fast. Time matters.

Key Takeaways

• Harris County recorded nearly 10,000 distracted driving crashes in 2024 — the most of any Texas county (TxDOT).
• Distracted driving is the second-leading cause of crashes in Texas, involved in over 91,000 accidents in 2024.
• Texas bans texting while driving under Transportation Code § 545.4251 — it is a primary offense.
• Proving distraction requires phone records, witnesses, and crash data. That evidence vanishes quickly.
• Victims of distracted drivers can pursue compensation for medical bills, lost wages, and pain and suffering.

What Counts as Distracted Driving?

Distracted driving is any activity that pulls a driver’s attention from the road. Researchers and Texas law recognize four types.

Visual distraction means taking your eyes off the road — glancing at a phone, looking at a passenger, or reading a billboard. Manual distraction means removing your hands from the wheel — reaching into the back seat, eating, or adjusting the radio. Cognitive distraction means your mind is elsewhere even if your eyes are forward — talking hands-free, daydreaming, or arguing with a passenger. Auditory distraction means sound pulls your focus — an alert or excessively loud music.

Texting is the most dangerous because it combines all three critical types at once: visual, manual, and cognitive. At 55 mph, a five-second text takes a driver the full length of a football field — blind.

Common distractions on Houston roads include:

• Texting or reading messages while driving
• Talking on a handheld phone
• Using navigation apps without hands-free setup
• Eating and drinking behind the wheel
• Adjusting in-car entertainment or climate controls
• Reaching into the back seat or for items in the car
• Personal grooming — applying makeup, shaving

Texas Distracted Driving Law: What’s Legal and What Isn’t

Texas Transportation Code § 545.4251 prohibits drivers from reading, writing, or sending electronic messages while operating a moving vehicle. The ban applies statewide to every driver regardless of age. Police can pull you over for texting alone — it is a primary offense. No other violation is required.

First offense fines range from $25 to $99. Second offenses carry fines up to $200. If distracted driving causes serious injury or death, penalties rise to a Class A misdemeanor — up to one year in jail and a $4,000 fine.

Texas law does not ban all phone use. Hands-free calls, GPS navigation, and music apps are generally permitted under state law. But several Texas cities have passed stricter local ordinances. Some cities in the Houston metro restrict handheld device use beyond the state minimums. That matters for civil liability even when criminal charges are never filed.

Drivers under 18 face a stricter standard: no phone use while driving, period. School bus drivers carrying minors cannot use phones at all — even hands-free. And all drivers must put down handheld devices in school zones, regardless of age.

The law’s practical limit: An officer typically must witness the texting to issue a citation. After a crash, proving the other driver was on their phone requires other evidence. That’s exactly why getting an attorney involved early is so important.

How Distracted Driving Causes Crashes in Houston

Harris County — the Texas county that encompasses Houston and its immediate suburbs — leads the state in nearly every crash category. In 2024, the Houston Fire Department responded to more than 30,000 vehicle crashes. About 20% were attributed primarily to distracted driving, according to city safety data.

Distracted crashes don’t cluster on one type of road. They happen on interstates, surface streets, and residential roads across the entire metro. But certain Houston corridors see higher frequency.

I-45 (Gulf Freeway / North Freeway)

This corridor runs through some of Houston’s most congested segments. High speeds combined with driver inattention — especially on long straight sections where attention naturally drifts — create dangerous conditions.

I-10 (Katy Freeway / East Freeway)

One of the widest highways in the world, I-10’s massive lanes give some drivers a false sense of safety. That can lead to more in-vehicle activity and phone use.

Westheimer Road and FM 1960

High-traffic surface streets with heavy pedestrian activity and frequent stops. A moment of inattention here can mean a pedestrian strike or a rear-end collision.

Stop-and-go traffic is its own trap. Research from the Texas Transportation Institute shows drivers in slow or stopped traffic are significantly more likely to pick up their phones — right before traffic starts moving again.

Who Is Liable When a Distracted Driver Causes a Crash?

In most distracted driving cases, the at-fault driver bears personal liability. But depending on the circumstances, others may share responsibility.

The distracted driver is the primary liable party. If they were texting, eating, or otherwise inattentive and caused a collision, their negligence is the foundation of your claim. A violation of § 545.4251 — texting while driving — is direct evidence of negligence per se under Texas law.

The driver’s employer may also be liable if the driver was working at the time of the crash. Texas recognizes respondeat superior — the legal principle holding employers responsible for employees’ negligent acts during the scope of employment. A delivery driver, rideshare driver, or sales rep on a work call who causes a crash can expose their employer to liability.

A vehicle owner can be liable if they knowingly allowed a reckless driver to use their vehicle, under the theory of negligent entrustment.

Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001. If you are found 51% or more at fault for your own crash, you cannot recover anything. If you are less than 51% at fault, your recovery is reduced by your percentage of fault. Insurance companies use this rule aggressively. They try to assign partial blame to victims to reduce what they owe. Legal representation protects against that tactic.

How Attorneys Prove Distracted Driving

Distracted driving cases require more investigation than a standard car accident claim. The evidence has a short shelf life, and insurers know it.

Phone records are the most direct proof of distraction. A subpoena to the driver’s carrier can produce call logs, text timestamps, and data usage records showing exactly when the phone was active. You cannot obtain another person’s phone records on your own — this requires legal action.

Cell tower data can establish a driver’s location and phone activity during the crash window, even without a direct admission.

Witness statements from other drivers, pedestrians, or bystanders who saw the driver on their phone are powerful. These need to be gathered quickly — memories fade, and witnesses become hard to locate.

Dashcam or traffic camera footage may capture a driver holding a phone before impact. Houston’s high-traffic corridors have camera coverage. But footage is typically overwritten within days unless someone sends a preservation notice.

The crash report itself sometimes notes distraction as a contributing factor based on officer observations or driver admissions at the scene.

What Damages Can You Recover?

If a distracted driver caused your crash, Texas law allows you to pursue three categories of compensation.

Economic damages cover your documented financial losses. This includes emergency room bills, specialist visits, surgery, physical therapy, medications, and lost wages during recovery. If the injury affects your ability to work long-term, future lost earning capacity is also recoverable.

Non-economic damages cover losses without a receipt: physical pain, emotional distress, reduced quality of life, and loss of activities you enjoyed before the crash. These are real losses even when they’re hard to quantify.

Punitive damages may be available when the driver’s conduct was especially reckless — not just careless. Deliberately texting at highway speed or driving while watching video could support a punitive claim in the right case.

Texas has a two-year statute of limitations under Texas Civil Practice and Remedies Code § 16.003. You generally have two years from the date of the crash to file. Miss that deadline and you lose your right to recover — regardless of fault.

What to Do After a Distracted Driving Crash

The steps you take in the hours after a crash directly affect the strength of your claim.

1. Call 911 and get medical attention. Even if you feel okay. Adrenaline masks injuries. Whiplash and traumatic brain injury symptoms can take days to fully appear.
2. Document the scene. Photograph vehicles, the road, visible injuries, and the surrounding area. Note the time and exact location.
3. Get contact information. Collect info from the other driver, their insurance, and any witnesses. Don’t discuss fault at the scene.
4. Note any nearby cameras. Traffic cameras, dashcams, or business security footage may have captured the crash. Flag them immediately.
5. Don’t speak to the other driver’s insurer without legal representation. Adjusters are trained to minimize claims. Anything you say can be used against you.
6. Contact a Houston car accident attorney as soon as possible. An attorney can send a preservation letter for phone records and camera footage right away. The sooner that happens, the better your chances of recovering proof.

Medical Coordination During Your Recovery

After a serious crash, managing medical care while handling a legal claim is overwhelming. The Law Office of Domingo Garcia has a dedicated in-house medical coordination team. They work alongside your medical providers to help ensure you get the care you need while we build your case. We help coordinate specialist appointments, track your treatment timeline, and make sure your records are properly documented. You focus on recovering. We handle the legal work.

Frequently Asked Questions About Distracted Driving Accidents in Houston

These are the questions our clients ask most often. Each answer is based on Texas law and our experience handling Houston car accident cases.

Contact us today for a free evaluation!