A driver looking at a phone at 55 mph covers the length of a football field in five seconds without seeing the road. That is all it takes to destroy a life. Texting and distracted driving are now responsible for more car accidents in Texas than almost any other form of negligence, and San Antonio's highways see the consequences every day. The car accident lawyers at Carabin Shaw have represented families across Bexar County who were hit by drivers who could not put their phones down, and they know how to prove it in court.
Texas took a major step in 2023 when the Hands-Free Act went into effect, making it illegal for drivers to hold or use a phone while their vehicle is moving. Before that, the state only banned texting - and enforcement was almost impossible. The new law made it clear that holding a phone to talk, scroll, type, or watch a video behind the wheel is against the law in Texas. But the crashes have not stopped. Distracted driving killed 623 people on Texas roads in 2023, according to the Texas Department of Transportation, and injured thousands more. Those numbers are likely undercounted because distracted driving is one of the hardest forms of negligence to prove after a crash - unless you know where to look for the evidence.
If you were hit by a distracted driver in San Antonio, what happened to you is not just a traffic violation. It is negligence, and Texas law entitles you to compensation for every dollar of damage that driver caused.
The Texas Hands-Free Act - What the Law Actually Says What Drivers Cannot DoHouse Bill 43, which took effect on September 1, 2023, amended the Texas Transportation Code to prohibit drivers from holding or using a portable wireless communication device while their vehicle is in motion. That means drivers cannot hold a phone to their ear to make a call, type or read a text message, scroll through social media, watch a video, enter an address into a GPS app while holding the phone, or take photos or record video. The phone must be in a hands-free mount or operating through Bluetooth, a vehicle's built-in system, or voice commands. The law applies to all drivers on all public roads in Texas.
Penalties for ViolationA first offense carries a fine of $100 to $200. A second offense carries a fine of $200 to $500. If a driver causes serious bodily injury or death while using a phone in violation of the Hands-Free Act, the offense becomes a Class A misdemeanor punishable by up to one year in jail and a fine up to $4,000. More importantly for car accident victims, a citation under the Hands-Free Act is powerful evidence of negligence in a civil lawsuit. If the other driver was ticketed for phone use at the scene of your crash, it makes proving their fault significantly easier.
Types of Distracted Driving That Cause CrashesTexting gets the most attention, but distracted driving covers far more than just phones. The National Highway Traffic Safety Administration divides distraction into three categories: visual distraction (taking your eyes off the road), manual distraction (taking your hands off the wheel), and cognitive distraction (taking your mind off driving). Texting is considered the most dangerous form because it involves all three simultaneously. But other common distractions cause serious crashes in San Antonio every day. Adjusting a GPS or navigation system while driving pulls a driver's eyes and hands away from the road. Eating and drinking behind the wheel is manual and cognitive distraction. Reaching for objects in the back seat, talking to passengers, grooming, and changing music through a touchscreen all divert a driver's attention long enough to cause a fatal crash.
How Cell Phone Records Prove the Other Driver Was DistractedProving that the other driver was on their phone at the moment of impact is one of the most valuable pieces of evidence in a distracted driving case, and it is evidence that an experienced car accident lawyer knows how to obtain. Cell phone records from the carrier show the exact time of every call, text, and data session. If the records show data usage or a text sent at the same timestamp as the crash, that is strong proof of distraction. In cases involving serious injuries or death, attorneys can subpoena these records during litigation.
Beyond carrier records, the phone itself stores valuable data. App usage logs show which apps were open and when. GPS data from mapping apps can show the driver's speed and route. Social media platforms log the time of every post, story, and message. If the driver posted a Snapchat story or sent an Instagram message at the time of the crash, that data exists on the platform's servers and can be obtained through legal discovery.
Event Data Recorder and Dashcam EvidenceMost modern vehicles are equipped with an event data recorder that captures data from the seconds before a crash, including speed, braking, throttle position, and steering input. If the data shows the driver did not brake at all before impact, it strongly supports the claim that the driver was not watching the road. Dashcam footage - from your vehicle, the other driver's vehicle, or nearby vehicles - can show the driver looking down, holding a phone, or drifting out of their lane before the crash.
Witness TestimonyWitnesses who saw the other driver looking at a phone, weaving between lanes, or failing to react before the crash can provide critical testimony. Passengers in the at-fault vehicle may also have seen the driver using a phone. After a crash, get the names and phone numbers of everyone who witnessed what happened - their statements may be the strongest evidence you have.
Distracted Driving and Punitive DamagesIn most distracted driving cases, the driver's conduct is treated as negligence, which entitles you to economic and non-economic damages. But in cases where the driver's behavior was particularly egregious - texting at high speed in a school zone, livestreaming on social media while driving, or using a phone while driving impaired - a jury may find that the conduct rises to the level of gross negligence. Gross negligence opens the door to punitive damages under Chapter 41 of the Texas Civil Practice and Remedies Code, which are designed to punish the driver and deter others from the same reckless behavior.
San Antonio's Most Dangerous Roads for Distracted Driving CrashesThe roads where distracted driving crashes happen most often in San Antonio are the same ones that carry the highest traffic volumes and the fastest speeds. Loop 410, I-10, I-35, Loop 1604, and US 281 see thousands of distracted driving incidents every year. These roads are dangerous because high-speed traffic leaves almost no time to react when a distracted driver drifts into your lane or fails to stop. According to the Texas Department of Transportation, Bexar County recorded over 40,077 total crashes in 2023, and distracted driving was a contributing factor in a significant percentage of them.
Do Not Let the Insurance Company Blame YouAfter a crash with a distracted driver, the insurance company will do everything they can to shift blame onto you. They will ask for your phone records too. They will look for any evidence that you were also distracted. They will argue that you could have avoided the crash if you had been more alert. Under Texas comparative fault rules, any blame they put on you reduces what they owe. That is why it is critical to preserve evidence of the other driver's distraction while it still exists and to avoid giving a recorded statement before talking to a lawyer.
The car accident attorneys at Carabin Shaw move fast to preserve cell phone records, subpoena app data, obtain dashcam and surveillance footage, and lock down witness testimony before it disappears. Consultations are free, and there is no fee unless they win your case. CALL SHAW at 800-862-1260.