Can I Sue a Driver for Texting While Driving?

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Key Takeaway:
You can file a claim against a driver for texting while driving if their distraction caused an accident that resulted in injuries or property damage.

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Texting while driving is one of the most common and most dangerous forms of distracted driving. In Texas, using a phone to read, write, or send text messages while driving is illegal.

According to the Texas Department of Transportation (TxDOT), tens of thousands of crashes each year involve distracted driving, leading to serious injuries and fatalities. In 2025, roughly 86,000 accidents were the result of distracted driving across Texas.¹

However, texting while driving alone is not enough to file a successful claim. You must show that the driver’s actions directly caused the accident and your injuries.

How Texting Becomes Evidence of Negligence

In a personal injury case, texting while driving can be used as evidence of negligence—but only if it contributed to the crash.

Distraction can cause drivers to:

• Drift out of their lane
• Miss traffic signals or stop signs
• Fail to react to changing road conditions

To build a strong claim, you must prove both negligence and causation. In Texas, this means showing the driver failed to use reasonable care and that failure directly led to the accident.

Evidence That Can Support Your Claim

Several types of evidence may help show that texting played a role in the accident:

• Phone Records
  These can indicate whether a message was sent or received around the time of the crash.
• Police Reports
  Officers may document signs of distracted driving or include statements from those involved.
• Witness Statements
  Bystanders or other drivers may have seen the driver using their phone before the collision.
• Crash Reconstruction
  Experts can analyze how the accident occurred and whether distraction likely contributed.

Because texting is not always directly visible after a crash, this type of evidence is often critical in proving what happened.

Injured by a Distracted Driver? Call Shaw.

Distracted driving cases can be difficult to prove without strong evidence linking the driver’s behavior to the crash. An experienced personal injury attorney can help gather the necessary proof and protect your rights after an accident.

You may be entitled to compensation for:

• Emergency treatment
• Medical bills
• Lost wages
• Property damage
• Pain and suffering
• And more

Call Shaw today at 800-862-1260 to schedule your free case evaluation with an experienced San Antonio car accident injury attorney.
No fees. No pressure. Just trusted legal guidance when you need it most.

We look forward to serving you.

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¹TxDOT on Texting While Driving