Houston Texting and Driving Accident Lawyer

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

A momentary glance at an incoming text while driving on I-10 can take a driver’s eyes off the road for two full seconds, long enough for their vehicle to travel the length of a football field before the driver looks up again. If that happened to you, you are now the one paying the price, with emergency room visits, follow-up appointments, missed shifts at work, and a phone that will not stop ringing with insurance adjusters asking questions they already know the answers to. 

The driver who hit you made a choice to pick up their phone instead of watching the road, and now you are left facing that same distracted driver and the insurance company working to protect them instead of you.

That is where DeHoyos Accident Attorneys steps in. Ryan DeHoyos built this firm around a single idea, that injured Texans deserve an attorney who returns their calls, knows the details of their case without checking a file, and treats their recovery as a personal responsibility. Ryan has spent over a decade fighting for injured Texans, recovering more than $20 million across more than 1,000 cases, and earning recognition as a Super Lawyers Rising Star. 

When you call DeHoyos Accident Attorneys, you speak directly with Ryan, not a paralegal or case manager, and he stays personally involved from the first consultation to the final resolution.

Contact us today for a free consultation and discover how our texting and driving accident attorneys in Houston can help you seek the compensation and justice you deserve.

What Our Texting and Driving Lawyers Do for You

We begin building your case from day one, moving quickly because evidence in distracted driving claims can disappear fast.

Here is what we do on your behalf:

• Prepare every case for trial: We build each claim as though it will go before a jury. That posture strengthens your position at the negotiating table and makes insurers treat your case with the seriousness it deserves.
• Subpoena cell phone records: We contact the at-fault driver’s carrier to retrieve call logs, texts, and app activity with exact timestamps, placing distraction at the precise moment of impact.
• Retrieve Event Data Recorder (EDR) data: The EDR , a built-in device that captures speed, braking, and steering in the seconds before a crash , can reveal that the driver never even attempted to stop.
• Preserve video footage: Surveillance from traffic cameras and nearby businesses can be overwritten within hours. We move immediately so nothing is lost.
• Arrange your medical care: Through letters of protection , agreements with treating providers who defer payment until your case settles , you receive care now without paying anything out of pocket.

How We Prove the Other Driver Was Texting

Distracted drivers almost never admit fault. We prove distraction through hard, documented evidence that does not depend on their honesty.

Phone Records, App Logs, and Vehicle Data

Cell carriers retain logs of every text, call, and app session, each tied to an exact timestamp. We can show a driver was scrolling social media or sending a message in the seconds before impact.

When that phone data is combined with EDR output and witness accounts of the driver looking down, we build a case that is very difficult for any insurer to contest.

Send a Spoliation Letter Before Evidence Is Gone

A spoliation letter is a formal legal notice sent to the at-fault driver and their insurer, demanding they preserve all relevant evidence , including the driver’s phone. Some carriers purge records quickly, and surveillance footage is often overwritten after a short time. We send this letter the day you hire us, closing that window before anything disappears.

What You Can Recover After a Texting Crash

Texas law permits victims to pursue three categories of compensation:

• Economic damages cover your measurable losses: hospital and surgical bills, physical therapy, prescription costs, wages lost during recovery, and reduced long-term earning capacity.
• Non-economic damages account for what cannot be itemized: persistent physical pain, emotional suffering, and loss of the hobbies and relationships that defined your life before the accident.
• Punitive damages may apply when the driver’s conduct was especially reckless , for example, prolonged texting at highway speed. These are awarded in addition to all other compensation and exist to punish the defendant.

We do not accept settlement offers that fail to capture the full cost of what you have lost.

What we see consistently in the texting and driving claims we handle across Houston is that clients treated at Level I trauma centers like Memorial Hermann in the Texas Medical Center or Ben Taub Hospital often need follow-up imaging or specialist referrals that surface weeks after the initial discharge, and insurers routinely use that gap to argue the injury was preexisting or unrelated to the crash. 

We push back with the full treatment record and the treating physician’s own notes to keep those later diagnoses tied to the original wreck. 

Non-economic damages in particular draw the most resistance from adjusters, since pain and the loss of ordinary daily life do not come with a receipt attached. That is exactly why we build every claim, minor or catastrophic, with the documentation to support the full value of what a client has lost.

Who Can Be Held Liable for a Texting Crash?

The distracted driver is the primary defendant, but they are not always the only responsible party.

If the driver was working at the time , operating a company vehicle, making deliveries, or responding to job-related messages , their employer may share liability under vicarious liability, which holds companies responsible for employee negligence on the job.

If a vehicle owner knowingly handed their car to a reckless driver, that owner can also face accountability under the doctrine of negligent entrustment. We investigate every layer of your case to identify all parties who bear responsibility.

How Insurance Companies Fight Distracted Driving Claims

The at-fault insurer starts limiting your recovery the moment they receive notice of the crash. Their tactics are predictable.

• Claiming no distraction occurred because the driver was not cited at the scene
• Pointing to your own actions to shift blame under Texas comparative fault rules
• Offering a lowball settlement before your injuries are fully diagnosed
• Requesting an early recorded statement to collect language they can use against you

Ryan handles all communications with the insurer directly. From the moment you hire us, you never have to deal with an adjuster alone.

One pattern we consistently see in distracted driving claims across Houston is adjusters leaning hard on the absence of a citation, even when phone records tell a different story. We have pushed cases that stalled in early negotiations into litigation filed in Harris County’s civil district courts once carriers refused to move off a lowball number, and that leverage alone often changes the conversation. 

Insurers also tend to move faster on claims tied to crashes on high traffic corridors like the Sam Houston Tollway, where multiple witnesses and camera coverage make disputing distraction much harder. What we see across the claims we handle is that clients who wait for the insurer’s first offer before hiring an attorney typically settle for less than clients who get us involved immediately.

What to Do After a Texting and Driving Accident in Houston

Call 911 and Get Evaluated the Same Day

Report the crash and accept medical evaluation at the scene, even if you feel fine. Concussions and internal injuries often take hours to surface. Tell the responding officer if you saw the other driver on their phone before impact.

Photograph the Scene Before You Leave

Capture both vehicles, license plates, and road conditions from multiple angles. If you can see the driver’s phone through their window, photograph that too. Get names and contact numbers from any bystanders while they are still present.

Do Not Give the Insurer a Recorded Statement

Decline any call requesting a statement and reject early settlement offers. Both tactics are designed to limit what you can recover once your full injuries and financial losses become clear.

Call Us Before Critical Evidence Vanishes

Every hour that passes gives the other side more time to eliminate what we need to prove your case. Call (832) 745-4878 or contact us online to reach Ryan directly, at no cost to you.

Texas Texting While Driving Law

Texas Transportation Code §545.4251 bans all drivers from reading, writing, or sending electronic messages while a vehicle is in motion. When a driver violates this statute and causes an injury, it can establish negligence per se , meaning the violation itself is treated as automatic proof of negligence in your civil case, giving your claim a powerful legal foundation.

Additional restrictions apply to drivers under 18, school bus operators with children aboard, and all motorists in active school zones.

A tactic we see repeatedly from insurers handling texting and driving claims on corridors like US-59 and the Katy Freeway is treating the lack of a citation as if it settles the question of fault, when Texas law does not work that way. 

Once we can show a violation of the texting ban through carrier records or app data, that violation becomes strong evidence of negligence on its own, regardless of whether a citation was ever issued. 

In our experience, adjusters go quiet on this argument fast once they realize we have the phone data and the negligence per se argument lined up together. That shift in leverage is often what moves a stalled claim toward a fair settlement instead of a lowball one.

How Texas Comparative Fault Affects Your Claim

Texas follows a modified comparative negligence rule: you can recover as long as you are found 50% or less responsible for the crash. Your total award is then reduced by your share of fault.

If a jury finds you 20% at fault in a case involving $100,000 in damages, you recover $80,000. Insurers know this rule and routinely try to inflate your share of blame to shrink their exposure. We fight back with documented evidence that places accountability where it belongs , on the driver who chose to text.

“I was involved in a car accident and chose Ryan DeHoyos to help me with my case. He was very knowledgeable, always kept me up to date on my case and very easy to reach. I would definitely hire him again and recommend him to anyone injured in a car crash. Ryan was always nice and courteous.” – Ivett L.

How Long a Texting and Driving Case Takes in Texas

After you complete medical treatment, we prepare a full demand package and begin negotiating with the at-fault insurer. Depending on the severity of your injuries and the insurer’s position, this can take several months. If they refuse to settle fairly, we file suit and take the case through discovery and trial if necessary.

We do not rush clients toward quick settlements. A fast, undervalued offer serves the insurance company , not you.

No Upfront Fees to Hire Our Firm

There is no cost to hire DeHoyos Accident Attorneys. We work on a contingency fee basis , our fee is a percentage of the compensation we recover, and you owe us nothing if we do not win. Your first consultation is always free.

We also connect clients with providers who accept letters of protection, so you can receive necessary treatment immediately while your case moves forward.

“awesome service very fair and honest” – Tanisha G.

What DeHoyos Accident Attorneys Has Recovered for Clients

Past results do not guarantee outcomes in future cases, but they reflect what is possible when every claim receives the attention it deserves.

“Very professional, authentic, honest, reliable and always kept in touch with me about my case. Ryan is bringing trust back to personal injury attorneys. I highly recommend him if you are injured in an accident.” – Angie C.

Talk to Ryan DeHoyos Today

At DeHoyos Accident Attorneys, Ryan personally handles every case we take. There are no handoffs to junior associates and no case processors managing your file. Your story, your injuries, and your financial recovery drive every decision we make.

Call (832) 745-4878 or reach us online to schedule your free consultation. Our offices serve injured Texans in Houston, Pearland, and League City.

Houston Texting and Driving Accident FAQs

Can My Attorney Subpoena the Other Driver’s Cell Phone Records?

Yes. We issue a preservation demand on your first day as our client and formally subpoena the carrier during litigation, pulling call logs, text records, and app activity tied to the exact time of the crash.

What If the Police Did Not Cite the Driver for Texting?

No citation is required to prove liability in a civil case. We build distraction evidence independently through phone data, video footage, and witness accounts, often a stronger combination than anything noted on a crash report.

Who Pays My Medical Bills While My Case Is Pending?

Your health insurance, your auto policy’s MedPay or Personal Injury Protection (PIP) benefits, or providers accepting letters of protection can all cover your treatment costs while your claim is being resolved.

Can a Driver on a Hands-Free Call Still Be Found Liable?

Yes. Hands-free calls eliminate manual distraction but not cognitive distraction; a driver’s attention is still divided when processing a phone conversation, and when evidence connects that distraction to the crash, liability can be established.

What If the At-Fault Driver Carried No Insurance?

Your own Uninsured/Underinsured Motorist (UM/UIM) coverage steps in to compensate you when the at-fault driver has no policy, or one too small to cover your full losses.

Can I Still Recover Damages If I Was Partially at Fault?

Yes. Under Texas’s modified comparative negligence rule, you can recover compensation as long as you are found 50% or less responsible; your award is reduced proportionally, but your right to pursue the claim remains intact.