A driver glances down at a red light, starts typing a reply and keeps typing after the light turns green. A few seconds later, the car ahead has stopped and there is no time to brake.
Texas has had a statewide texting ban since 2017, but the law alone does not settle what happens after a crash like that. Three questions usually shape the injury claim: what the law says, how texting gets proven and which insurance policies are available to pay.
Key Takeaways
- Texas Transportation Code § 545.4251 makes it an offense to read, write or send an electronic message while driving unless the vehicle is stopped.
- A texting ticket and an injury claim are separate. A claim can move forward even if police never issued a citation.
- Texting is usually proven by matching phone records to the exact time of the crash.
- Punitive damages are possible in some cases but require clear and convincing proof of gross negligence and a unanimous jury.
- Texas minimum liability coverage is $30,000 per person, which often falls short after a serious injury.
What the Texas Texting Law Says
The statewide ban came from House Bill 62 and took effect on September 1, 2017. Under § 545.4251(b), a driver commits an offense by using a portable wireless communication device “to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.”
The statute also lists situations that serve as an affirmative defense. They include using a hands-free device, navigating with GPS, reporting illegal activity or calling for emergency help, reading a message reasonably believed to concern an emergency and activating a function that plays music.
Penalties start small. A first offense carries a fine of $25 to $99, and a repeat offense $100 to $200. The picture changes when someone is badly hurt. If the texting driver causes the death or serious bodily injury of another person, the offense becomes a Class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail.
A separate rule applies near schools. Under § 545.425(b), a driver may not use a wireless communication device in a school crossing zone unless the vehicle is stopped or the device is used hands-free.
A Ticket Is Not the Same as a Claim
Many people assume that if the other driver was not ticketed, there is no case. That is not how it works.
A ticket is a criminal matter between the driver and the state. An injury claim is a civil matter about who pays for medical bills, lost income and pain. The two run on separate tracks, and the claim does not depend on a citation or a conviction.
The texting law still matters to the claim. It sets a clear standard of conduct for every driver in Texas, and proof that a driver was texting is strong evidence that the driver was not using ordinary care. The injured person still has to show that the texting caused the crash and the injuries. The León Law Firm’s guide to texting and driving accidents in Texas explains how that connection is usually made.
How Texting Gets Proven
Drivers rarely admit to texting. Proof usually comes from records, and from matching those records to the moment of impact.
- Phone and carrier records show when messages and data were sent and received. They can be requested during a lawsuit.
- The phone itself can be examined in a forensic review for activity at specific times.
- The crash timeline comes from the CR-3 crash report, 911 call records and the vehicle’s event data recorder, which captures speed and braking before impact.
- Witnesses and video from other drivers, passengers and nearby cameras may show a driver looking down or holding a phone.
- Statements made at the scene, to police or to an insurance adjuster can be used later.
Timing is often the whole case. A message sent ten minutes before a crash tells a different story than one sent two seconds before. Phones also get replaced and data gets deleted, so a written request to preserve that evidence should go out early. Much of it is gathered during discovery, which the firm’s overview of how a car accident lawsuit works in Texas walks through step by step.
When Punitive Damages Come Into Play
Texas calls punitive damages “exemplary damages,” and the bar for them is high. Under Civil Practice and Remedies Code § 41.003, they require clear and convincing evidence of fraud, malice or gross negligence, and the jury must be unanimous on both liability and amount.
Section 41.001(11) defines gross negligence as conduct that, viewed objectively, “involves an extreme degree of risk,” where the person had “actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.” Whether a particular texting driver’s conduct meets that standard depends on the crash facts.
Who Pays After a Texting Crash
The texting driver’s liability insurance is the usual starting point. Under Transportation Code § 601.072, Texas requires at least $30,000 in bodily injury coverage per person, $60,000 per crash and $25,000 for property damage. A hospital stay, surgery or months away from work can exceed that quickly.
Other sources may be available:
- An employer. If the driver was on the job, for example making deliveries, the company may be responsible under the Texas rule known as respondeat superior. Business policies are often larger than personal ones.
- Other drivers. In a multi-vehicle crash, fault can be split among several drivers, each with a separate policy.
- The injured person’s own coverage. Uninsured and underinsured motorist coverage can help when the at-fault driver has little or no insurance.
Texting is also a factor in rear-end, lane-change and intersection crashes, where fault rules differ. The firm’s guide to the types of car accidents in Texas and who is at fault explains how fault usually works in each.
Shared Fault Can Reduce a Recovery
Insurers sometimes argue that the injured driver was distracted too. Under Chapter 33 of the Civil Practice and Remedies Code, a recovery is reduced by the injured person’s percentage of responsibility and barred entirely if it is above 50 percent. For example, a driver found 20 percent at fault recovers 20 percent less.
That is one reason to be careful with a phone after a crash. Calling for help and taking photos is important. Posting about the crash or texting about who was to blame can create problems later.
Deadlines That Apply
Most Texas personal injury lawsuits must be filed within two years under Civil Practice and Remedies Code § 16.003(a). When a crash is fatal, the two years run from the date of death, and the family’s claim is handled as a wrongful death case. The firm’s Texas wrongful death attorneys explain how those claims work. Claims involving a government vehicle generally require written notice within six months under § 101.101. Phone and video evidence can disappear long before any of these deadlines arrive.
Getting Help After a Texting Crash
Texting cases depend on records the other side controls and that don’t last forever. The Texas car accident lawyers at The León Law Firm investigate phone activity, crash data and every available insurance policy, and they handle claims throughout the state in English and Spanish.
About The León Law Firm
The León Law Firm, P.C. is a bilingual personal injury firm based in Sugar Land, Texas, founded in 1995 by attorney Carlos A. León. The firm represents people injured in car, truck and motorcycle crashes, workplace accidents and other serious incidents throughout Texas, in both English and Spanish. The firm handles cases on a contingency-fee basis, with no fee or case expenses unless it recovers money.
The León Law Firm, P.C.
1 Sugar Creek Center Boulevard
Sugar Land
TX
77478
United States
