Houston Distracted Driving Accident Lawyer

Injured by a distracted driver in Houston, TX? Contact the top Houston distracted driving accident lawyer to seek compensation.

Distracted drivers cause devastating crashes every day on Houston’s busy highways and streets. When someone chooses to text, scroll social media, or take their attention off the road, you pay the price with serious injuries, mounting medical bills, and weeks or months away from work. These accidents happen in seconds but leave you dealing with pain, financial stress, and insurance companies that want to minimize your claim.

At DeHoyos Accident Attorneys, we hold distracted drivers accountable for the harm they cause. We know you’re facing emergency room visits, surgery costs, physical therapy appointments, and lost income while trying to recover from injuries you never should have suffered. Our Houston distracted driving accident lawyers handle the insurance battles and legal complexities so you can focus on healing.

We have obtained significant recoveries for injured clients across Houston by proving negligence and fighting for maximum compensation. From gathering phone records that prove distraction to negotiating with insurance adjusters who try to lowball your settlement, we handle every aspect of your case with the dedication and expertise you deserve.

Were You Hit by a Distracted Driver in Houston?

If a distracted driver injured you on Houston roads like I-45, Loop 610, or Beltway 8, you deserve compensation for your losses. These crashes often result in intersection accidents when drivers text at red lights, check social media while driving, or talk on the phone during rush hour.

You shouldn’t pay for someone else’s careless choices. DeHoyos Accident Attorneys helps victims recover compensation for medical bills, lost wages, and pain and suffering after distracted-driving crashes.

Call DeHoyos Accident Attorneys at (832) 743-2104 for immediate help after your distracted driving accident.

What Counts as Distracted Driving in Texas?

Distracted driving means any activity that takes your attention away from operating your vehicle safely. This includes anything that takes your eyes off the road, your hands off the wheel, or your mind off driving.

Texas law explicitly prohibits texting while driving; violators may face fines of up to $200. However, many other distracting behaviors can still make drivers liable for accidents they cause.

Visual, Manual, and Cognitive Distractions

Distractions fall into three main categories that often overlap:

• Visual distractions: Looking at your phone, GPS screen, passengers, or scenery instead of the road
• Manual distractions: Taking hands off the steering wheel to eat, drink, adjust controls, or reach for objects
• Cognitive distractions: Mental focus on conversations, daydreaming, or emotional stress rather than driving

Texting, GPS, and In-Car Apps

Technology creates some of the most dangerous driving distractions, leading to reckless driving behaviors. Texting combines all three distraction types since you look at the screen, use your hands to type, and think about your message.

Using navigation apps, adjusting music streaming services, or interacting with dashboard touchscreens can be just as dangerous. Even hands-free phone calls can cause cognitive distraction, leading to accidents.

Who Pays for a Distracted Driving Crash in Texas?

Texas follows a fault-based insurance system where the person who caused the accident pays for the damages. The distracted driver’s insurance company typically covers your medical bills, vehicle repairs, and other losses.

However, insurance companies fight hard to avoid paying full compensation. They often claim you were partially at fault or that your injuries aren’t as serious as you claim.

Prove Negligence and Fault

We must prove the other driver was negligent to win your case. Negligence means they failed to drive as carefully as a reasonable person would under the same circumstances.

To establish negligence, we show four key elements:

• Duty: Every driver must operate their vehicle safely and follow traffic laws
• Breach: The driver violated this duty by engaging in distracted driving
• Causation: Their distraction directly caused the accident and your injuries
• Damages: You suffered real losses like medical expenses and lost income

Texas 51% Bar Rule

Texas uses modified comparative fault, also called the 51% bar rule. This means you can recover compensation as long as you’re less than 51% responsible for the accident.

If you share some of the blame, your compensation is reduced by your percentage of fault. For example, if you receive a $50,000 award but you’re found 20% at fault, you’d collect $40,000.

How We Prove the Driver Was Distracted

Proving distraction requires quick action to preserve evidence before it disappears. Phone companies delete records, security footage gets overwritten, and witnesses forget essential details.

We immediately begin investigating to build the strongest possible case for you.

Phone and App Records

We can subpoena the other driver’s cell phone records through the legal process. These records show exactly when they made calls, sent texts, or used data on their phone.

By comparing timestamps to the police report, we can prove they were using their phone at the moment of impact. This creates robust evidence of distraction and negligence.

Vehicle EDR and Infotainment Data

Modern vehicles contain Event Data Recorders (EDRs) that capture critical information before crashes. These “black boxes” record speed, braking, steering inputs, and other vehicle data in the seconds leading up to impact.

Many cars also store information about infotainment system usage. We can retrieve this data to determine whether the driver was using navigation, making calls, or interacting with apps at the time of the crash.

Video, Witnesses, and Scene Evidence

We gather evidence from multiple sources to build your case:

• Traffic cameras on Houston highways and major intersections
• Security footage from nearby businesses and buildings
• Dashcam video from your vehicle or other drivers
• Witness statements about the other driver’s behavior
• Photos showing phones, food, or other distractions in the at-fault vehicle

Call DeHoyos at (832) 743-2104 today for a free consultation, and don’t let necessary evidence get lost.

What Compensation Can You Recover?

Texas law allows you to seek full compensation for all losses caused by a distracted driving accident. Unlike some states, Texas doesn’t cap most types of damages in personal injury cases.

The value of your case depends on the severity of your injuries, the impact on your life, and the strength of evidence proving the other driver’s fault.

Economic and Non-Economic Damages

Your compensation includes both financial losses and personal suffering:

Economic damages cover measurable financial losses:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Property damage to your vehicle
• Out-of-pocket costs for treatment and recovery

Non-economic damages compensate for personal impacts:

• Physical pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life activities
• Permanent scarring or disfigurement

Punitive Damages for Egregious Texting

In cases involving especially reckless behavior, Texas courts may award punitive damages. These damages punish the wrongdoer and discourage similar conduct by others.

Texting while driving often qualifies as gross negligence under Texas law. If we can prove the driver knew texting was dangerous but chose to do it anyway, you may receive punitive damages in addition to your other compensation.

What To Do After a Distracted Driving Crash

The actions you take immediately after an accident can significantly impact your ability to recover compensation. Follow these critical steps to protect your health and legal rights.

Step 1: Call 911 and Get Medical Care

Always call 911 to report the accident, even if injuries seem minor at first. Police will create an official report documenting the crash details and may note whether the other driver appeared distracted.

Seek medical attention right away, even if you feel okay. Some serious injuries like concussions or internal bleeding don’t show symptoms immediately, but can become life-threatening without treatment.

Step 2: Preserve Phone and Video Evidence

If you’re physically able, take photos of the accident scene, vehicle damage, and the other driver. Pay special attention if you see them holding or using a phone after the crash.

Save any dashcam footage from your vehicle immediately. Take a screenshot of your phone showing you weren’t using it at the time of the accident.

Step 3: Call DeHoyos Accident Attorneys

Contact our firm as soon as possible after the crash. We’ll immediately send spoliation letters to preserve crucial evidence before it gets deleted or destroyed.

We handle all communication with insurance companies so you don’t accidentally say anything that could hurt your case. This protection allows you to focus on your recovery while we fight for your rights.

How DeHoyos Accident Attorneys Helps

When you choose our firm, you get experienced advocates who handle every aspect of your case while you focus on healing from your injuries.

Immediate Investigation and Spoliation Letters

Time is critical in distracted driving cases because evidence disappears quickly. We act immediately to preserve phone records, vehicle data, and surveillance footage through legal spoliation notices.

These formal letters legally require the other party to save all relevant evidence. Without this protection, crucial evidence can be lost or destroyed if not promptly preserved.

Insurance and Bills, Handled for You

You won’t deal with aggressive insurance adjusters trying to minimize your claim. We take over all insurance communications and negotiate aggressively for maximum compensation.

We also work with your medical providers to arrange payment plans and ensure you get the necessary treatment without worrying about upfront costs. Our contingency fee structure means you pay nothing unless we win your case.

Trial-Ready Approach

Insurance companies know Ryan DeHoyos has extensive trial experience and isn’t afraid to take cases to court. This reputation gives us significant leverage during settlement negotiations.

When insurers know we’re prepared for trial, they’re more likely to offer fair settlements than risk facing us in court.

Let us handle the legal battle while you heal. When you are ready to secure experienced representation, schedule your free case review right now or simply give us a call today. Our goal is to ensure you have the peace of mind necessary to focus entirely on your physical recovery while we fight to protect your rights and maximize your compensation.

Why Choose Ryan DeHoyos

Ryan DeHoyos brings over a decade of courtroom experience and a proven track record of success in Houston personal injury cases.

Local Results and Reviews

Our firm has obtained substantial settlements and verdicts for injured clients. Ryan has earned recognition as a “Rising Star” by Super Lawyers for his dedication to client service and case results.

We’re known throughout Houston for our compassionate approach and relentless pursuit of justice. Our clients appreciate the personal attention and clear communication we provide throughout their cases.

Direct Access and No Fee Unless We Win

When you choose DeHoyos Accident Attorneys, you benefit from direct access to senior legal counsel. Unlike large, impersonal firms where complex car accident cases are often delegated to junior associates, you will work personally with Attorney Ryan DeHoyos. He provides focused attention, leveraging his extensive experience to drive your case forward and keep you fully informed at every step of the process.

Our contingency fee arrangement means you pay no attorney fees unless we recover compensation for you. We advance all case expenses, so there’s no financial risk to pursuing your claim.

Timeline and Texas Deadlines

Acting quickly after an accident protects both your health and your legal rights. Texas law imposes strict deadlines that can bar your claim if you miss them.

Two-Year Statute of Limitations

Texas gives you two years from the accident date to file a personal injury lawsuit. Missing this deadline typically means losing your right to any compensation, regardless of how strong your case might be.

While there are exceptions, it’s crucial to consult with an attorney well before the two-year mark. Starting early allows us to conduct a thorough investigation while the evidence is still fresh and witnesses remember essential details.

Frequently Asked Questions

Can you subpoena the other driver’s phone records?

Yes, we can legally request phone records during litigation that show calls, texts, and data usage at the exact time of your crash. These records provide powerful proof of distraction.

Do you need a police citation to prove distracted driving?

No, a ticket isn’t required to prove fault. We use phone records, witness testimony, video footage, and other evidence to demonstrate the driver was distracted when they caused your accident.

Can serious injuries occur in low-impact crashes?

Yes, injuries like whiplash, concussions, and soft tissue damage can happen even when vehicles show minimal damage. The force of impact affects your body differently from your car’s structure.

What happens if you were also using your phone?

You can still recover compensation under Texas comparative fault rules as long as you’re less than 51% responsible. Your award would be reduced by the percentage of fault you bear.

Do punitive damages apply to texting while driving cases?

Texting while driving may qualify for punitive damages if we prove gross negligence. Courts often view deliberate phone use while driving as especially reckless behavior deserving punishment.

How quickly do phone companies delete text messages?

Phone carriers typically don’t store actual message content for long periods. We must act immediately to preserve this evidence through legal processes before it’s permanently lost.

Should you talk to the other driver’s insurance company?

Never give recorded statements to the other party’s insurer without your lawyer present. These companies use your words against you to reduce or deny your claim.

Will using your own insurance affect your settlement?

Using your health insurance or uninsured motorist coverage won’t reduce what you’re owed from the at-fault driver. We handle reimbursements to ensure you receive maximum compensation.

Protect Your Distracted Driving Accident Claim: Speak to an Attorney Now

You don’t have to face insurance companies alone after a distracted driving accident. Our experienced legal team knows how to build strong cases and negotiate maximum settlements for injured clients.

We’re available around the clock to discuss your case and explain your legal options. There’s no cost for our initial consultation, and you pay nothing unless we win compensation for your injuries.

Don’t let critical evidence disappear. Call (832) 743-2104 now or click here to schedule your free consultation with Houston’s trusted distracted driving accident attorneys.