Distracted Driving Accidents: Proving the Other Driver Was on Their Phone

Car Accidents · Liz Valdez Garza · 2026-10-20

You saw the other driver looking down right before the crash. Maybe they even had the phone in their hand when they got out. Distracted driving causes countless crashes in Texas — but proving it takes more than a hunch.

Texting while driving is against Texas law

Texas law prohibits drivers from reading, writing or sending electronic messages while operating a vehicle, unless the vehicle is stopped. Stricter rules apply in school zones and for certain drivers. A driver who violates these rules and causes a crash can be held responsible for the harm.

Why proving distraction matters

Insurance companies often try to blame both drivers. Evidence that the other driver was on their phone can:

  • Establish clearly who caused the crash
  • Counter attempts to shift fault onto you, which matters because Texas reduces your recovery by your share of fault
  • Strengthen your position in settlement negotiations

How phone use can be proven

  • Phone records. In a lawsuit, records can be requested showing calls, texts and data use at the time of the crash.
  • Witness statements. Other drivers, passengers and pedestrians may have seen the driver looking down.
  • Video. Dash cams, business cameras and traffic cameras can capture driver behavior.
  • The police report. Officers sometimes note phone use or admissions at the scene.
  • Vehicle data. Event data can show whether a driver braked or swerved before impact — little or no reaction can suggest distraction.
  • Social media activity. Posts or messages timed right at the crash can be powerful evidence.

Act quickly to preserve evidence

Video gets overwritten. Witnesses forget. An attorney can send preservation requests and gather evidence before it's gone.

What you should do

  1. Tell the officer if you saw the driver on their phone.
  2. Write down exactly what you saw as soon as you can.
  3. Get witness names and phone numbers.
  4. Note any businesses nearby that may have cameras.

If you were hurt and have questions, Attorney Liz Valdez Garza can help. Call 866-LA-LEONA for a free consultation, or use the case review form on this page. Hablamos español.

Frequently Asked Questions

Is it illegal to text while driving in Texas?

Yes. Texas prohibits reading, writing or sending electronic messages while driving unless the vehicle is stopped.

Can I get the other driver's phone records?

In a lawsuit, phone records can be requested through the legal process. An attorney can help preserve and obtain them.

Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662