Legally Defined: What Counts as a Distracted Driving Accident
A distracted driving accident happens any time a driver’s attention shifts away from the road — texting, talking, eating, adjusting a GPS — and that shift causes a crash. Texas and Tennessee both go further than a general negligence standard by banning handheld phone use directly. Under Texas Transportation Code § 545.4251, it’s illegal to read, write, or send an electronic message while driving unless the vehicle is stopped. Tennessee’s Hands-Free Law, T.C.A. § 55-8-199, goes even further, banning drivers from holding a phone at all.
Why the texting ban matters for your claim
Proving a driver broke the texting ban or Tennessee’s hands-free rule doesn’t just mean a ticket for them — it can support a negligence per se argument in your civil case. That legal doctrine lets you point to the statute itself as evidence the driver failed to meet the standard of care, rather than arguing what a “reasonable driver” should have done from scratch.
What starts the clock on your claim
The same filing deadlines apply here as with any car accident claim: two years in Texas under CPRC § 16.003, one year in Tennessee under TCA § 28-3-104. Those deadlines run from the crash date, not from when a citation is issued or resolved.
TL;DR
Yes — a distracted driving accident gives you a civil claim for your injuries, and a texting or hands-free law violation can work in your favor as proof of fault. Texas and Tennessee both ban texting behind the wheel, and breaking that law can support your case even before you get to negotiating with the insurance company. The harder part is proving the distraction actually happened, since phone records and other evidence disappear fast.
Yes. If a distracted driver hit you, you can pursue a civil claim for your medical bills, lost wages, and pain and suffering, and a texting-while-driving violation can serve as strong evidence of fault. Distracted driving accidents cover everything from texting to eating to fiddling with a GPS, but Texas and Tennessee both single out phone use with specific statutes. This post covers what those laws mean for your claim and how to prove distraction actually caused your crash. For a broader look at your options after a crash, see our guide to motor vehicle accidents.
Proving Fault in a Distracted Driving Accident Case
Distraction is harder to prove than something visible like running a red light, so these claims often come down to records rather than eyewitness accounts alone. Phone carrier records showing calls, texts, or data use at the time of the crash are the strongest evidence available, followed by the police report noting any citation issued, and increasingly, event data recorders that log driver inputs in the moments before impact. Both Texas and Tennessee apply a 50% modified comparative fault rule, so if you were also distracted, your own share of fault can reduce or eliminate your recovery.
Insurance company tactics to expect
Insurers routinely argue that a driver merely glanced at a phone rather than being meaningfully distracted, or that some other factor caused the crash entirely. Cell phone records that pinpoint the exact time of use against the time of the crash are usually what settles this argument, which is why requesting them early matters so much.
What to Do After a Distracted Driving Accident
Because phone and carrier records don’t stay available indefinitely, a few extra steps protect a distracted driving claim specifically:
- Note whether the other driver was cited for texting, phone use, or careless driving in the police report
- Ask your attorney to send a preservation letter to the other driver’s cell carrier as soon as possible
- Identify witnesses who may have seen the other driver on their phone before the crash
- Photograph the scene, including any visible phone or device in the other vehicle
- Contact an attorney before the other driver’s insurer reaches out
Carriers don’t hold onto detailed call and data records forever, and once they’re gone, proving the distraction becomes much harder. The Houston Fire Department notes that distracted driving contributes to roughly one in five fatal crashes it responds to, and Tennessee’s own Hands-Free Law enforcement campaigns run statewide, including in Memphis, for the same reason.
What This Means for Your Distracted Driving Accident Claim
A distracted driving accident gives you a civil claim independent of any citation the other driver receives, but a texting or hands-free violation can meaningfully strengthen your case if it’s documented in time. The same two-year and one-year deadlines apply as with any other crash, and the modified comparative fault rule in both states means your own conduct still matters. Acting quickly to preserve phone and carrier records is often what separates a strong claim from a weak one.
This content is for informational purposes only and does not constitute legal advice. Contact Culpepper Law Group for guidance specific to your situation.
Take This Step: Get Help From a Houston or Memphis Distracted Driving Accident Lawyer
Being hit by a driver who wasn’t paying attention is frustrating enough without having to fight an insurance company for what you’re owed. Culpepper Law Group offers a free consultation to review your case, whether the crash happened in the Houston area or in Memphis. Our Stafford, Texas office serves the greater Houston area, and our Memphis, Tennessee office handles claims across that region. As a personal injury lawyer team working on contingency, you pay nothing unless we win. Reach out today so we can start preserving the evidence your claim depends on.
Frequently Asked Questions
1. Do I need proof the other driver was texting, or is a citation enough?
A citation helps, but phone records are usually still needed to confirm the timing lines up with the crash.
2. Does it cost anything to hire a lawyer for a distracted driving accident claim?
No. Culpepper Law Group works on contingency, so there’s no upfront fee and no cost unless you recover compensation.
3. What if the other driver wasn’t on the phone but was distracted some other way?
You can still recover compensation — texting isn’t the only form of distraction that supports a negligence claim, just the easiest to prove.
4. Can my own phone records be used against me?
Yes, if you were also using your phone at the time, so it’s worth discussing your specific situation with an attorney early.
5. Will the other driver’s insurance company just settle once records confirm they were texting?
Not automatically — clear evidence usually speeds up settlement, but insurers still evaluate the full extent of your damages first.
Key Takeaways
- A distracted driving accident creates a civil claim independent of any traffic citation the other driver receives.
- Texas bans texting while driving under Transportation Code § 545.4251; Tennessee’s Hands-Free Law, TCA § 55-8-199, bans holding a phone at all.
- A texting or hands-free violation can support a negligence per se argument, strengthening your case beyond a general negligence standard.
- Both states apply a 50% modified comparative fault rule, so your own conduct behind the wheel still matters.
- Phone and carrier records are the strongest evidence in these claims and are not preserved indefinitely, so early action matters.
