Distracted Driving in Schertz, Texas- How Negligence Leads to Car Accidents & What to Do

Schertz is a quaint, family-friendly suburb of San Antonio, known for being a safe place to live and work. Unfortunately, safety doesn’t always extend to the streets, where Schertz experiences a substantial number of traffic accidents each year. Tragically, many of those crashes were due to an entirely preventable cause - distracted driving.

Distracted driving is a concerning issue in Texas and one of the leading causes of car accidents in the state. The Schertz car accident attorneys at Carabin Shaw assist victims of these accidents in seeking compensation for their injuries and other losses. If you have been involved in a crash, our professionals are available 24/7 to schedule a free case review in English or Spanish. Call us toll-free now at 800-862-1260.

Texas passed a law in 2017 making it illegal to read, write, or send texts while driving. Despite their effort, driving distractions caused nearly one in five crashes in Texas in 2024. Those accidents killed 373 people and seriously injured 2,587.

While texting is the most common driving distraction, it’s not the only one. Eating, grooming, or adjusting controls can also be dangerous if they divert the driver's attention and eyes from the road. Running a stoplight, drifting into another lane, or rear-ending a slowing vehicle can all lead to serious injuries and fatalities.

Texas is an at-fault state, which means the person responsible for an accident is liable for the victim’s injuries and other losses. To prove fault, an attorney must show that the party was negligent. Negligence can involve breaking a traffic law. It may also entail driving recklessly, under the influence, or while distracted.

A violation of a law (such as texting while driving) is known as negligence per se. A person who violates the law is automatically assumed to have breached a duty of care, which is the first element in proving negligence. The next step is to demonstrate that the breach directly led to your accident and injuries.

Your lawyer will gather evidence to prove that distracted driving caused your accident and hold the responsible parties accountable for your damages. Examples of admissible evidence include:

• Police reports
• Eyewitness accounts
• Cell phone records
• Photos of the accident scene

Texas operates under the proportionate responsibility rule, which holds all responsible parties liable for damages based on their portion of fault for the accident. If an accident victim contributed to the cause of the accident, they can still seek damages if their percentage of the fault is less than 51%. However, that percentage is deducted from the total compensation. For example, if an accident victim's contribution is 20% of the total fault, their damages will be reduced by 20%.

A Schertz auto accident lawyer understands how proportionate responsibility can work in favor of an accident victim. By holding all responsible parties liable for damages, you can maximize compensation to cover your medical bills, lost wages, and other losses. Your lawyer will thoroughly investigate your accident to identify all at-fault parties and hold them accountable for their actions.

Car accidents are not always as straightforward as they seem. Even if a person was guilty of distracted driving, their insurance company or attorney may argue that other parties or factors also contributed to the accident, thereby minimizing their client's portion of fault and damages.

Insurance companies are not interested in protecting a victim’s interests after an accident. An adjuster's job is to find reasons to reduce or deny claims to save their company’s bottom line. You need an experienced car wreck attorney in Schertz to protect your rights and ensure you receive all the damages you deserve.

Distracted driving crashes often lead to severe, life-altering injuries. Don’t try to navigate the legal process without expert help. At Carabin Shaw, we offer our services on a contingency-fee basis, meaning you don’t pay unless we win, and our client reviews attest to our ability to maximize damages for accident victims. Call us today at 800-862-1260 to schedule your free case review and get the justice you deserve.

For more information:

• Texas Statutes 545
• TX DoT
• Cornell Law
• Texas Statutes 33