Steps to Take If A Distracted Driver Hits You in Houston

If a distracted driver hits you in Houston, you need to take immediate action to protect your health and legal rights. The steps you take at the scene, in the following hours, and over the next few weeks can make the difference between a fair settlement and a denied claim. 

Texas law holds distracted drivers responsible for accidents they cause, but proving their negligence requires quick action to preserve evidence before it disappears, especially since distracted driving is the leading cause of auto accidents in Houston.

This guide walks you through the essential steps to take after a distracted driving accident, from what to do at the crash scene to how to preserve crucial evidence, such as phone records and security camera footage. You’ll learn how to handle insurance companies, when to seek medical care, and what evidence you need to build a strong compensation case.

Understanding these steps can help you recover the full compensation you deserve for your medical bills, lost wages, and other damages.

What Counts as Distracted Driving in Texas?

Distracted driving is any activity that takes a driver’s attention away from the road. This happens when drivers text, eat, talk on the phone, or engage in any other activity that prevents them from focusing entirely on driving safely.

Common driving distractions include visual (taking your eyes off the road), manual (taking your hands off the wheel), and cognitive (taking your mind off driving).

Visual distraction occurs when you take your eyes off the road to look at your phone, GPS, or passengers. Manual distraction happens when you take your hands off the steering wheel to eat, reach for something, or adjust the radio. Cognitive distraction occurs when your mind wanders from driving, such as having a deep conversation or daydreaming.

Texting while driving is especially hazardous because it combines all three types of distraction simultaneously. On busy Houston highways like I-45, the Katy Freeway, or the 610 Loop, even a few seconds of distraction can lead to devastating crashes involving multiple vehicles, including serious T-bone car accident crashes at intersections.

What To Do at the Scene

The first moments after a crash are critical for your safety and your legal case. Stay calm and follow these essential steps to protect yourself and preserve necessary evidence.

Call 911 and Move to Safety

Call 911 immediately to report the accident and seek medical attention if anyone is injured. Inform the dispatcher of your exact location and whether anyone appears to be with you. If your car can be moved safely, pull it to the shoulder or side of the road to avoid blocking traffic. Turn on your hazard lights to warn other drivers.

If you’re seriously injured or your car won’t start, don’t attempt to move it. Stay in your vehicle with your seatbelt on and wait for help to arrive.

Exchange Information Without Admitting Fault

You must exchange basic information with the other driver, but be very careful about what you say. Never apologize or say anything like “I’m sorry” because insurance companies can use these statements against you later. Stick to the facts and avoid discussing who was at fault for the accident.

Get this information from the other driver:

Full name and phone number

Driver’s license number

Insurance company and policy number

Vehicle make, model, year, and license plate

Vehicle registration information

Provide them with the same information about yourself, but avoid discussing fault or blame.

Photograph Vehicles, Roadway, and Any Phone in Sight

Take pictures of everything at the accident scene before vehicles are moved or towed away. These photos can be crucial evidence for proving that the other driver was distracted. Use your phone to capture multiple angles of all vehicle damage, skid marks on the road, and the final positions of the cars.

Look inside the other driver’s vehicle and photograph any visible distractions, such as phones, food, or drinks. Take wide shots showing traffic signs, signals, and road conditions. If you see the other driver holding their phone or if it’s sitting on their dashboard, take a photograph of it immediately.

Get Witness Contacts and Note Any Admissions

Independent witnesses can provide powerful testimony about what they saw before and during the crash. If anyone stopped to help or witnessed the accident, please ask them politely for their name and phone number. Write down precisely what they tell you about what they observed.

Pay close attention to anything the other driver says about the crash. If they admit to texting, being on the phone, or any other distraction, write down their exact words immediately. These admissions can be valuable evidence for your case.

Request the Incident Number From HPD or HCSO

The responding police officer will create an official crash report with an incident number. Ask the officer for this number before you leave the scene, as you’ll need it to obtain a copy of the report later. The Houston Police Department handles crashes within city limits, while the Harris County Sheriff’s Office covers unincorporated areas.

The officer may also issue citations if they determine someone violated traffic laws. Make note of any tickets given to the other driver, especially for texting while driving or other moving violations.

See a Doctor Within 24 Hours

Even if you feel fine after a crash, consider seeing a doctor promptly to check for hidden injuries.

Adrenaline and shock can mask pain and injury symptoms that may not appear until hours or days later. Insurance companies often argue that delayed medical treatment means your injuries weren’t caused by the accident.

Common injuries from distracted driving crashes include whiplash, concussions, back injuries, and soft tissue damage, which are among the most common auto accident injuries in Houston. These injuries can worsen over time if left untreated, leading to chronic pain and long-term problems.

Follow Treatment and Track Symptoms

If a doctor diagnoses you with injuries, follow their treatment plan exactly. Attend all scheduled appointments, take prescribed medications as directed, and complete any recommended physical therapy exercises. Keep detailed records of all medical visits, treatments, and expenses.

Track your symptoms daily by recording your pain levels, mobility issues, and how the injuries impact your normal activities. Save all medical bills, prescription receipts, and documentation from your healthcare providers. This information will be essential for calculating the full value of your claim.

Report the Crash and Get the CR-3 Report

Texas law requires you to report any crash that causes injury, death, or property damage of $1,000 or more. The official police report, known as a Texas Peace Officer’s Crash Report or CR-3, contains the officer’s observations and conclusions regarding the accident.

This report often includes whether the officer suspected distracted driving or issued any citations related to the use of phones. It also contains witness statements and the officer’s diagram of the crash’s occurrence.

How To Get the HPD or TxDOT Crash Report

You can request your crash report online from the responding agency once it has been filed and released.

For crashes within Houston city limits, visit the Houston Police Department’s website to request the report online. You’ll need the incident number and will pay a small fee, typically $6 to $ 8. For crashes on state highways or in unincorporated areas, use the Texas Department of Transportation’s online system to order the report.

The report may not be available immediately, so please check back regularly. Some agencies also allow you to request reports in person at their offices if online access isn’t working.

Preserve Evidence of Distraction

Proving the other driver was distracted is crucial for your case, but this evidence can disappear quickly. Cell phone records, security camera footage, and vehicle data are often deleted or lost within weeks of an accident.

You or your attorney must act fast to preserve this critical evidence before it’s gone forever.

Ask Nearby Businesses for Camera Footage

Many businesses have security cameras that may have recorded your accident. Gas stations, restaurants, banks, and retail stores often have exterior cameras pointing toward the street. This footage can show the other driver looking down at their phone or engaging in other distracting behaviors just before the crash.

Visit nearby businesses within a few days of your accident and ask to speak with a manager about their security cameras. 

Explain that you were in an accident and need to preserve any footage from that date and time. Security camera footage is often overwritten or deleted within a short timeframe, so act quickly to maintain it.

An experienced attorney can send formal preservation letters to businesses, which legally require them to save the footage for your case.

Send a Spoliation Letter for Phone and Black Box Data

A spoliation letter is a legal document that requires the at-fault driver and their insurance company to preserve specific evidence. This is essential for obtaining cell phone records that show exactly when the driver was texting, calling, or using data at the time of your crash.

Modern vehicles also have Event Data Recorders, commonly referred to as “black boxes,” that record information such as speed, braking, and steering inputs in the seconds leading up to a crash. This data can help determine whether the driver attempted to brake or steer to avoid the accident.

Your attorney should send spoliation letters immediately to preserve this evidence before it’s deleted or lost.

Notify Insurers Without Hurting Your Claim

You should notify your insurance company about the accident as soon as possible.

However, you need to be very careful about what you say to any insurance adjuster, including your own company’s representatives.

Insurance companies are businesses focused on minimizing payouts, not helping you recover fully from your injuries.

What To Say and What To Avoid

When speaking with insurance adjusters, stick to basic facts and avoid speculation or detailed discussions about your injuries. Your goal is to report the accident without giving them information they can use to devalue your claim later.

Safe Things to Say

Keep your communication brief, factual, and minimal.

Bare Basic Facts

State only the date, time, and exact location of the crash. Provide the police incident number and the name of the responding law enforcement agency.

Limited Injury Description

When asked about your condition, simply state: “I’m still being evaluated by doctors.” Do not offer a diagnosis or a prognosis.

No Fault Admission

Always indicate, “I need to review the police report first,” before commenting on who was at fault or how the accident occurred.

Things You Should Never Say

Never provide information that can be used to shift blame or minimize the severity of your injuries.

Avoid Fault Speculation

Never make statements like, “I think I might have been going too fast” or offer any other comment that suggests you bear responsibility for the collision.

Never Minimize Injuries

Do not say, “I feel fine” or “It’s just minor pain.” Any statement minimizing your injuries will be used later to argue that your long-term medical needs are exaggerated.

Detailed Statements

Avoid long, narrative explanations of what happened. Do not discuss the events of the crash in detail with an adjuster.

Settlement Discussions

Refuse to discuss money or compensation. Never agree to a settlement or sign any documents without first consulting an attorney.

Avoid Recorded Statements and Social Posts

The other driver’s insurance company will likely request that you provide a recorded statement about the accident. You are not legally required to do this, and you should politely decline the request. 

These recorded statements are often used to find inconsistencies in your story or to get you to say something that hurts your case.

Additionally, refrain from posting anything about your accident or activities on social media. Insurance companies regularly monitor Facebook, Instagram, and other platforms, looking for posts that contradict your injury claims. Even innocent photos of you smiling or participating in activities can be taken out of context and used against you.

Is Texting and Driving Illegal in Houston?

Yes, Texas Transportation Code Section 545.4251 makes it illegal to read, write, or send electronic messages while operating a motor vehicle. This law applies throughout Houston and the entire state of Texas, with severe penalties for violations.

First-time offenders face fines of up to $99, while repeat offenders can incur fines of up to $200. If texting while driving causes serious injury or death, it is a criminal offense punishable by fines of up to $4,000 and up to one year in jail.

When a driver violates this law and causes an accident, it’s considered negligence per se under Texas law. This means the violation automatically proves the driver was negligent, making it much easier to win your civil case and recover compensation for your injuries.

Who Pays After a Distracted Driving Crash?

Texas is an “at-fault” state, which means the person who caused the accident is responsible for paying damages. In most cases, the distracted driver’s liability insurance should pay for your medical bills, lost wages, vehicle repairs, and other losses.

However, determining who pays can become complicated if multiple drivers share fault or if the at-fault driver doesn’t have enough insurance coverage.

What If You Are Partly at Fault?

Texas employs a legal rule known as modified comparative negligence, which permits recovery of compensation even if you were partially at fault for the accident. However, your percentage of fault will reduce your compensation, and you cannot recover anything if you are found to be 51% or more at fault.

For example, if you have $100,000 in damages but are found to be 20% at fault for speeding, you can recover $80,000. If you’re found to be 60% at fault, you cannot recover anything from the other driver.

Insurance companies and defense lawyers often attempt to shift blame to accident victims in an effort to reduce their payouts. An experienced attorney can help minimize your percentage of fault by presenting strong evidence of the other driver’s negligence.

Deadlines for Texas Distracted Driving Claims

In Texas, you generally have two years from the date of your accident to file a personal injury lawsuit. This deadline is known as the statute of limitations, and missing it typically means you will lose your right to seek compensation forever.

However, you shouldn’t wait until the last minute to take action. Evidence disappears, witnesses forget details, and insurance companies become less willing to negotiate as time passes. The sooner you begin building your case, the stronger it will be.

Injured by a Distracted Driver? Speak With a Houston Distracted Driving Accident Lawyer at DeHoyos Accident Attorneys

Being hit by a distracted driver can turn your life upside down in an instant. You’re dealing with injuries, medical bills, lost wages, and the stress of fighting with insurance companies while trying to recover from your accident.

At DeHoyos Accident Attorneys, we understand what you’re going through, and we’re here to help. Our team handles complex distracted driving cases in Houston and throughout Texas, assisting clients in understanding all legal options for Houston auto accident victims. We know how to investigate these crashes, preserve crucial evidence like phone records and security footage, and build strong cases that maximize your compensation.

We handle all communications with insurance companies so you can focus on getting better. Our personalized approach means you’ll work directly with experienced attorneys who genuinely care about your recovery and your future. We fight aggressively for fair settlements but are always prepared to take your case to trial if necessary.

You don’t pay anything unless we win your case. Contact us today for a free, confidential consultation to learn about your rights and options after being hit by a distracted driver.

FAQs

Can Police Get Phone Records to Prove Distracted Driving?

Yes, police can obtain phone records through a search warrant if they suspect distracted driving caused a serious accident. However, getting these records for a civil case typically requires filing a lawsuit and issuing a subpoena to the cell phone company.

What If the Other Driver Denies Using Their Phone?

The other driver’s denial doesn’t end your case. Your attorney can still prove distraction through witness testimony, phone records, surveillance footage, and other evidence that shows they were not paying attention to the road.

How Long Do Businesses Keep Security Camera Footage?

Most businesses delete security footage after 30-90 days to save storage space. This is why it’s crucial to contact nearby businesses immediately after your accident to request that they preserve any relevant footage.

Can I Sue for Punitive Damages in Texting While Driving Cases?

Texas allows punitive damages when the defendant’s conduct was grossly negligent or malicious. Texting while driving may qualify for punitive damages, especially in cases involving serious injuries or death, similar to when someone is hit by a drunk driver.

What Happens If the Distracted Driver Was Working When They Hit Me?

If the driver was working at the time of the crash, their employer may also be liable under the legal doctrine of vicarious liability. This can provide additional insurance coverage and increase the total compensation available for your injuries.

Should I Accept the Insurance Company’s First Settlement Offer?

No, you should never accept the first settlement offer without consulting an attorney. Insurance companies typically offer far less than your case is worth, hoping you’ll accept quickly before understanding the full extent of your damages.