How Can Distracted Driving Affect Your Car Accident Claim?

 Posted on January 08, 2026 in Car Accidents

Distracted driving continues to be a serious problem on Dallas roads and highways in 2026. Every day, drivers who are not paying attention to the road cause accidents that could have been avoided. Studies from the National Highway Transportation Safety Administration show that around 94 percent of all car accidents result from human error, and distraction is one of the top causes. 

If you or someone you care about were involved in an accident in 2026 caused by distracted driving, our Dallas motor vehicle accident lawyer at Jerry D. Andrews, P.C. can help you understand your legal options.

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What is Distracted Driving?

Driving safely requires eyes on the road, hands on the steering wheel, and mental focus on the act of driving. Anything that takes your attention away from these counts as a distraction. Some things considered "distracting" may be surprising to some people. Common types of distractions on Texas roads include:

• Using cell phones to text, email, or browse social media

• Talking on the phone, even with hands-free devices

• Eating or drinking while driving

• Applying makeup or fixing hair

• Smoking

• Changing the radio station or adjusting vehicle settings

• Talking with or managing passengers, especially children

• Reaching for items inside the vehicle

Texting while driving is illegal statewide in Texas per Transportation Code Section 545.4251. This law has been in place for almost ten years and applies to all drivers across the state. 

Texting while driving is a primary offense in Texas, which means law enforcement officers can pull a driver over for that reason alone. Officers can also give a ticket to anyone holding a cellphone while driving in a school zone or an active construction zone. There are also special rules for drivers under 18, who are not legally allowed to use any wireless communication device while driving.

Anyone is allowed to use their phones to report a crime, fire, serious traffic accident, or medical emergency.

How Can Distracted Driving Affect Your Accident Claim?

How distracted driving affects your accident claim depends on who was distracted and when. Texas is one of many states that use a "modified comparative negligence" rule. This means only drivers who are 50 percent at fault or less in an accident can collect damages. If the distracted driver is more than 50 percent responsible, you can seek compensation for your injuries.

If a Distracted Driver Caused the Accident:

If another driver was distracted and caused your accident, you have strong grounds for a personal injury claim. Evidence of distracted driving can help prove negligence. 

If a driver was texting or looking away, they may share or have complete liability. Evidence might include cell phone records, witness statements, video footage, or police reports. 

If You Were Distracted and Caused the Accident:

If you were distracted and caused an accident that injured someone else, you face serious legal and financial consequences. Beyond traffic fines, you may be held financially responsible for all injuries and damages you cause. 

Because of the modified comparative negligence standard Texas uses, you cannot recover damages if you are more than 50 percent responsible for an accident, even if the other driver also made mistakes. Your insurance rates will increase, and you could face criminal charges if your distracted driving caused serious injuries or death.

If You and the Other Driver Were Both Distracted:

In some distracted driving accidents, both parties were distracted and are somewhat at fault. Each driver is at fault based on their actions leading to the collision. Both drivers can potentially recover compensation as long as neither is more than 50 percent responsible. 

If you're found to "share fault," your compensation is determined by the percentage of fault you carry. For example, if you were 30 percent at fault and have $100,000 in damages, you can recover $70,000. Insurance companies will investigate carefully to assign fault percentages.

Contact a Dallas Car Accident Lawyer Today

If you have been injured in an accident caused by a distracted driver or caused an accident while you were distracted, the Dallas County car crash attorney at Jerry D. Andrews, P.C. can help. 

Mr. Andrews is board-certified by the Texas Board of Legal Specialization in the area of personal injury trials. Each case is handled on a contingency basis, which means you pay no fees or costs unless you win.

Call us today at 214-221-5800 for a free consultation. Se Habla Español.