In today’s fast-paced, hyper-connected world, it’s no exaggeration to say that our phones have become an extension of ourselves. We text while walking, scroll while eating, and take calls at all hours of the day. Unfortunately, many people also make the dangerous choice to use their phones while driving — a habit that can be deadly.
Distracted driving isn’t just a bad habit — it’s one of the leading causes of serious and fatal car accidents in Texas and across the United States. Every time someone glances at a text message, changes a song, or checks a notification behind the wheel, they take their eyes, hands, and mind off the task of driving.
At Herrman and Herrman Personal Injury Lawyers, we’ve seen firsthand the devastating consequences distracted driving can have. We’ve represented countless victims and families whose lives were forever changed because someone chose to put their phone above their responsibility to drive safely.
What is distracted driving?
Distracted driving is any activity that takes your eyes, hands, or attention away from driving — including texting, eating, talking to passengers, or adjusting your GPS. It significantly increases the risk of accidents and injuries.
What are the dangers of distracted driving?
Distracted driving is dangerous because it takes your eyes, hands, and attention away from the road, significantly increasing the risk of a crash. Even a few seconds of distraction can lead to serious or fatal accidents.
When a driver is distracted, their reaction time slows, they may drift out of their lane, miss traffic signals, or fail to notice sudden stops. At highway speeds, looking at your phone for just five seconds is like driving the length of a football field with your eyes closed.
Distracted driving accidents often result in severe injuries, including traumatic brain injuries, spinal cord damage, broken bones, and even death. These crashes are especially dangerous because they are often preventable.
The Alarming Truth About Cellphone-Related Distracted Driving
The statistics are sobering:
- In 2023, distracted driving claimed 3,275 lives nationwide, with 397 of those deaths involving cellphone use specifically.
- More than 300,000 people are injured every year in crashes involving distracted drivers — roughly 900 injuries every single day.
- Vulnerable road users are especially at risk. In 2023 alone, over 600 pedestrians, bicyclists, and other non-occupants were killed in distracted driving crashes.
- According to the National Safety Council, over 1.6 million crashes each year are linked to drivers using cellphones.
- At any given moment, an estimated 660,000 drivers are using their phones while driving, dramatically increasing crash risk.
- Overall, distracted driving is responsible for about 8% of all traffic deaths in the United States — and experts believe the true number is likely higher due to underreporting.
What makes these numbers even more tragic is that nearly every single one of these accidents could have been prevented. A text message, a social media notification, or a call is never worth risking a life.
What are the 3 types of distracted driving?
There are three main types of distracted driving: visual, manual, and cognitive distractions.
- Visual distractions take your eyes off the road. This includes looking at your phone, checking GPS directions, or turning to look at passengers.
- Manual distractions take your hands off the wheel, such as eating, adjusting the radio, or holding a phone.
- Cognitive distractions take your mind off driving. This can include talking on the phone, daydreaming, or being mentally distracted by stress or fatigue.
Texting while driving is considered the most dangerous type of distraction because it involves all three—your eyes, hands, and mind are all taken away from driving at the same time.
How common is distracted driving in Texas?
Distracted driving is a serious and ongoing problem in Texas. Thousands of crashes occur each year due to drivers who are not fully focused on the road.
According to Texas traffic data, distracted driving contributes to a significant number of accidents, injuries, and fatalities every year. In many cases, these crashes could have been prevented if the driver had been paying attention.
Texas law prohibits drivers from reading, writing, or sending electronic messages while driving. However, despite these laws, many drivers still engage in risky behaviors like texting, using apps, or interacting with in-vehicle technology.
Because distracted driving is so common, it is important for drivers to stay alert and understand their legal rights if they are injured by someone else’s negligence.
What should you do after a distracted driving accident?
If you are involved in an accident caused by a distracted driver, taking the right steps can protect your health and your legal rights.
- Call 911 immediately to report the accident and request medical assistance if needed.
- Seek medical attention, even if your injuries seem minor. Some injuries may not show symptoms right away.
- Document the scene by taking photos of the vehicles, road conditions, and any visible injuries.
- Look for signs of distraction, such as a phone in the driver’s hand or statements from witnesses.
- Collect contact information from the other driver and any witnesses.
- Avoid discussing fault at the scene.
- Contact a personal injury attorney to help you understand your options and pursue compensation.
An experienced attorney can help gather evidence, prove distracted driving, and ensure you receive compensation for medical bills, lost wages, and pain and suffering.
Protecting Yourself and Your Loved Ones
While you can’t control the actions of other drivers, you can take steps to reduce your own risk:
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Put your phone on “Do Not Disturb” mode while driving.
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Plan your route before you leave and set your music or GPS ahead of time.
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Lead by example if you have children or teens — they’re watching your driving habits closely.
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Talk openly with your teen drivers about the dangers of distracted driving, and remind them to put their phones away every time they get behind the wheel.
But even if you do everything right, you can still be the victim of someone else’s reckless decision to drive distracted. That’s when it’s time to seek help from an experienced personal injury attorney.
How Herrman and Herrman Can Help If You’ve Been Hurt by a Distracted Driver
If you or a loved one has been injured in a crash caused by a distracted driver, you shouldn’t have to face the medical bills, lost wages, and emotional toll on your own. At Herrman and Herrman, we fight to:
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Investigate the crash and gather evidence showing the other driver’s distraction.
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Hold the negligent driver accountable for the harm they caused.
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Pursue full compensation for your medical expenses, lost income, pain and suffering, and more.
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Handle all the legal stress so you can focus on your recovery.
We know insurance companies often try to downplay distracted driving or shift the blame onto the victim. Our team has the experience, resources, and determination to stand up to them and fight for the justice you deserve.
Take Action Today
Every day you wait to take legal action is another day critical evidence could disappear. Don’t let a distracted driver’s careless decision destroy your financial stability or quality of life.
📞 Call Herrman and Herrman Personal Injury Lawyers today for a free consultation. We’ll listen to your story, explain your rights, and help you take the next steps toward justice.
If you’ve been injured in a distracted driving accident, remember — you have legal options, and you don’t have to face this alone.
Frequently Asked Questions About Distracted Driving
Is texting and driving illegal in Texas?
Yes. Texas law prohibits drivers from reading, writing, or sending electronic messages while operating a vehicle. Violating this law can result in fines and may increase liability if you cause an accident.
What is considered distracted driving?
Distracted driving includes any activity that takes your attention away from driving, such as texting, eating, adjusting the radio, using GPS, or talking to passengers. These distractions can be visual, manual, or cognitive.
What is the most dangerous type of distracted driving?
Texting while driving is considered the most dangerous because it involves all three types of distraction—visual, manual, and cognitive—at the same time.
How long are your eyes off the road when texting?
On average, texting takes your eyes off the road for about five seconds. At highway speeds, this is equivalent to driving the length of a football field without looking.
Can I file a claim if the other driver was distracted?
Yes. If another driver caused an accident because they were distracted, you may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering.
How do you prove distracted driving in an accident?
Proving distracted driving may involve cell phone records, police reports, witness statements, traffic camera footage, and other evidence that shows the driver was not paying attention.
What kind of compensation can I recover after a distracted driving accident?
Victims may be able to recover compensation for medical bills, lost income, rehabilitation costs, property damage, and pain and suffering, depending on the details of the case.
Should I get a lawyer after a distracted driving accident?
If you’ve been injured, it’s a good idea to speak with a personal injury attorney. An attorney can help investigate the accident, gather evidence, and negotiate with insurance companies on your behalf.
Can hands-free devices still be considered distracted driving?
Yes. Even when using hands-free devices, a driver can still be cognitively distracted, which may impact their ability to safely operate a vehicle.
What should I do if I suspect the other driver was on their phone?
You should report your observations to the police at the scene and mention it in your accident report. An attorney can later help investigate and obtain evidence to support your claim.
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.
