Key Takeaways
- Distracted driving remains one of the leading causes of preventable traffic accidents in the United States.
- According to the National Highway Traffic Safety Administration (NHTSA), 3,275 people were killed and an estimated 324,819 people were injured in distraction-affected crashes in 2023.
- Distracted driving includes texting, talking on the phone, using social media, eating, adjusting navigation systems, and other activities that take a driver’s attention away from the road.
- Proving distracted driving often requires gathering evidence such as phone records, witness statements, surveillance footage, and vehicle data.
- Victims injured by distracted drivers may have the right to pursue compensation for medical expenses, lost income, pain and suffering, and other damages.
What Is Distracted Driving?
The National Highway Traffic Safety Administration defines distracted driving as any activity that diverts a driver’s attention from the task of driving.
Distractions generally fall into three categories:
Visual Distractions
Anything that causes a driver to take their eyes off the road, including:
- Reading text messages
- Looking at a GPS device
- Watching videos
- Looking at social media
Manual Distractions
Activities that require a driver to remove their hands from the steering wheel, such as:
- Eating
- Drinking
- Adjusting vehicle controls
- Using a cellphone
Cognitive Distractions
Anything that takes a driver’s mind off driving, including:
- Daydreaming
- Engaging in emotional conversations
- Mental distractions caused by phone use
Texting while driving is particularly dangerous because it combines all three forms of distraction simultaneously.
The Latest Distracted Driving Statistics
Distracted driving continues to be a major safety concern on American roads.
According to NHTSA’s latest distracted driving research:
- 3,275 people were killed in distraction-affected crashes in 2023.
- Approximately 324,819 people were injured in distraction-related crashes.
- Distraction was involved in roughly 8% of all fatal traffic crashes.
- Drivers ages 15 to 20 had the highest percentage of distracted drivers involved in fatal crashes.
These numbers likely underestimate the true scope of the problem because distracted driving is often difficult to prove after a collision.
Why Texting While Driving Is So Dangerous
Many drivers underestimate how quickly a distraction can become deadly.
According to safety experts, reading or sending a text message can take a driver’s eyes off the road for several seconds.
At highway speeds, that can mean traveling the length of a football field without looking at traffic, road hazards, or changing conditions.
Today’s distractions go beyond texting and include:
- TikTok
- Snapchat
- Video streaming
- Mobile gaming
- Navigation apps
- Smartwatch notifications
As smartphone use continues to evolve, distracted driving remains a growing challenge for traffic safety officials.
Common Causes of Distracted Driving Accidents
Some of the most common distractions include:
Cell Phone Use
- Texting
- Calling
- Video chatting
- Social media browsing
- Emailing
In-Vehicle Activities
- Eating and drinking
- Grooming
- Adjusting the radio
- Programming GPS devices
Passenger Distractions
- Conversations
- Children in the vehicle
- Pets
External Distractions
- Roadside accidents
- Billboards
- Construction zones
- Scenic views
What Should You Do If a Distracted Driver Hits You?
If you suspect another driver caused a crash because they were distracted:
Call Law Enforcement
Request a police report and ensure the responding officer documents all relevant observations.
Seek Medical Attention
Even if injuries seem minor, prompt medical evaluation helps protect both your health and your claim.
Gather Evidence
If possible, collect:
- Photos of the accident scene
- Vehicle damage
- Road conditions
- Witness contact information
Avoid Discussing Fault
Do not argue with the other driver or speculate about who caused the crash.
Contact a Herrman & Herrman Car Accident Attorney
An attorney can investigate the crash, preserve evidence, and pursue compensation on your behalf.
How Do You Prove Distracted Driving?
One of the biggest challenges in distracted driving cases is proving the driver’s inattention.
An experienced attorney may use several types of evidence.
Cell Phone Records
Phone records can reveal:
- Text messages
- Calls
- Data activity
- App usage
near the time of the crash.
Surveillance and Traffic Cameras
Video footage may show:
- Cell phone use
- Erratic driving
- Failure to brake
- Lane departures
Witness Statements
Eyewitnesses may have observed:
- Texting
- Phone conversations
- Other distracted behaviors
Police Reports
Investigating officers often document evidence suggesting driver distraction.
Vehicle Data Recorders
Many modern vehicles contain event data recorders (“black boxes”) that capture information about:
- Speed
- Braking
- Steering inputs
- Crash timing
Social Media Evidence
Posts, messages, and activity timestamps may help establish that a driver was using their phone shortly before a collision.
Compensation Available After a Distracted Driving Accident
If another driver’s negligence caused your injuries, you may be entitled to compensation for:
Economic Damages
- Medical bills
- Rehabilitation costs
- Lost wages
- Future medical care
- Property damage
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
Wrongful Death Damages
If a distracted-driving crash results in a fatality, surviving family members may be able to pursue compensation through a wrongful death claim.
Frequently Asked Questions
What is considered distracted driving?
Distracted driving includes any activity that takes a driver’s eyes, hands, or attention away from driving, including texting, talking on the phone, eating, or using navigation systems.
Is texting while driving illegal in Texas?
Texas law generally prohibits drivers from reading, writing, or sending electronic messages while operating a motor vehicle.
Can phone records be used to prove distracted driving?
Yes. Phone records are often used to determine whether a driver was texting, calling, or using apps at the time of a crash.
How much compensation can I recover after a distracted driving accident?
Every case is different. Compensation depends on factors such as injury severity, medical expenses, lost income, and available insurance coverage.
Should I hire an attorney after a distracted driving crash?
If you suffered significant injuries, consulting with an attorney can help protect your rights and ensure important evidence is preserved.
Holding Distracted Drivers Accountable
Distracted driving continues to cause thousands of preventable injuries and deaths each year. While smartphones and technology have made communication easier than ever, they have also introduced new risks behind the wheel.
If you or a loved one has been injured by a distracted driver, understanding your legal options is an important step toward protecting your rights and pursuing the compensation you deserve.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
