Texting and Driving Accident Lawyer in Fort Worth

What to do after a distracted driving crash

Texting while driving causes some of the most serious accidents on roadways in Fort Worth, Dallas, and throughout the Lone Star State. Despite texting and driving being illegal in Texas, some negligent drivers still choose to use their cell phones while behind the wheel. Roughly one out of every four car accidents in the U.S. is caused by texting and driving. Drivers preoccupied with their cell phone instead of the road ahead are liable to cause serious rear-end accidents, head-on collisions, and other types of car accidents.

Texting accidents are increasingly common in Texas and demand legal representation from a tough-minded attorney who knows how to find the facts. If you're a driver, passenger, pedestrian or bicyclist who was injured in an accident caused by a texting driver or someone using a cell phone, you have legal rights. Contact texting and driving accident attorney Coby L. Wooten today to protect your rights. From interviewing witnesses to examining police reports and medical records, we put experience and resources to work in building a solid, successful legal strategy on your behalf.

What are Texas’s laws on distracted driving?

Texas has a statewide ban on texting while driving, which makes it illegal for drivers to read, write, or send electronic messages while operating a motor vehicle​. This ban covers texting and other forms of electronic messaging (such as emails or DMing on social media) when the vehicle is in motion.

Additionally, Texas’s law is a primary offense, meaning an officer can pull a driver over solely for texting and driving. However, the law does not prohibit all handheld phone use statewide. For example, making voice calls (not in school zones) is still permitted for adult drivers, unlike in some states that have blanket hands-free laws.

How do I prove that the other driver was texting at the time of the crash?

Proving that the other driver was texting when a crash happened can strengthen your case immensely, but it requires gathering the right evidence. Drivers rarely admit “I was looking at my phone” after a wreck, and police at the scene might not always catch it. Several methods can be used to prove the at-fault driver was texting:

• Cell phone records: Text message logs from the driver’s cell carrier can reveal timestamps for sent or received texts, data usage, or phone calls around the time of the accident. If a timestamp matches the moment of the crash, it strongly suggests the driver was on the phone instead of watching the road.
• Witness statements: If anyone saw the driver using their phone immediately before the crash those witnesses can provide statements or testimony supporting your claim.
• Traffic camera or surveillance footage: Many intersections and highways in Texas have traffic cameras, and businesses (or homes) near roadways may have security cameras that captured the events. If footage exists, it might show the driver looking down or the phone’s light through the window.
• Police reports and officer observations: After a crash, the police report is an important piece of evidence. Officers will typically note whether distraction was suspected. If the at-fault driver admitted to the officer something like “I’m sorry, I was on my phone” or if the officer observed the driver was distracted.
• Expert witnesses: Accident reconstruction experts can analyze the crash dynamics (such as lack of braking, no skid marks, or a late reaction) and opine that such patterns are consistent with a distracted driving scenario.

How do texting and driving laws affect insurance claims and lawsuits?

Texting at the wheel isn’t just a traffic violation – it’s clear evidence of negligence. In the context of insurance claims and personal injury lawsuits, a driver caught texting is very likely to be deemed at fault for a resulting accident.

Texas follows a fault-based insurance system (a “tort” system), meaning the driver who causes a crash is responsible for the damages. Injured parties can file a claim against the at-fault driver’s liability insurance to seek compensation. When that at-fault driver was texting, it greatly strengthens your claim by establishing a breach of the driver’s duty of care.

How much is my texting and driving accident settlement?

Distracted driving accidents in Texas have resulted in a wide range of settlements and verdicts, from tens of thousands of dollars to multi-million-dollar awards. Because each case is unique, settlement values depend on factors like the severity of injuries, clarity of evidence of distraction, and even the attitudes of local juries. However, there is a clear trend: when strong evidence shows a driver was texting, the outcome (settlement or court judgment) tends to favor the injured party.

Whether your crash was minor or severe, attorney Coby L. Wooten will take into account all economic and non-economic damages to determine how much money you’re eligible for. Even when the insurance companies try to keep your settlement down, Coby will push back and fight for every dollar owed to you.

Contact a Fort Worth texting accident attorney today

Proving fault in a texting accident can be difficult in Texas. In some cases, drivers who cause accidents may say they did nothing wrong. To make matters worse, their insurance company may try to say that you were the one who caused the accident. When you're struggling with skyrocketing medical costs and lost wages from missing work, that's not fair. Don't let an insurance company or adjuster bully you into collecting less compensation than you deserve.

Attorney Coby L. Wooten knows the texting and driving laws in Texas and the tactics insurance companies use. He can help you fight back and get you the compensation you deserve.

Some attorneys tell clients what they want to hear. Coby L. Wooten, Attorney at Law, P.C., is a Fort Worth auto accident attorney who tells the truth. He gives honest answers to difficult questions. And he wants to help you make smart choices and explore all your legal options. Remember, your case is about more than just money. It's about justice. It's about holding negligent parties responsible for their actions. Case results matter here - and so do you.

Discover what attorney Wooten can do for you. Contact us today. Call (866) 408-0940 to schedule an appointment at our Fort Worth office. Your initial consultation is free and we don't get paid unless we win your case. That's because we work on a contingency fee basis.