Austin Distracted Driving Accident Attorney

Distracted driving is among the leading causes of car accidents in Austin and throughout the country. While distracted driving comes in many forms, phones are the top culprits for distraction. Texting and driving is an epidemic and one of the most dangerous forms of distracted driving.

The Austin distracted driving lawyers at Loewy Law Firm understand how devastating an accident caused by the negligence and recklessness of another driver can be. If you have suffered injuries due to a distracted driver, we can help you seek full and fair compensation for your injuries. We can launch an in-depth investigation to determine whether distracted driving was a contributing factor to the car accident. We will also take steps to preserve evidence and identify all the liable parties. 

In Texas, when a motorist is texting and driving, they are purposefully acting in a manner that demonstrates negligence. If the driver who caused your accident was texting and driving or distracted in another way, they should be held accountable for their negligence. 

Call Loewy Law Firm now for a free initial consultation with an Austin personal injury lawyer. We’ll listen to your story and help you understand your legal options.

Compensation for Distracted Driving Accidents

When a distracted driver causes a car accident, they can and should be held accountable for the harm and resulting damage to property. If you’ve been hurt, you might be eligible to seek compensation for:

  • Medical expenses (past and future)
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Physical impairment
  • Property damage

How Do Distracted Driving Accidents Happen?

Distracted driving can be anything that takes a motorist’s mind away from the road while they are operating their vehicle. Some of the most common examples of distracted driving in Austin include:

  • Drinking and eating while driving
  • Smoking
  • Adjusting the air conditioner 
  • Being preoccupied, worried, or daydreaming
  • Applying makeup, combing hair, or shaving 
  • Talking on the phone
  • Texting
  • Reading
  • Using a navigation system
  • Watching a video
  • Looking at what is happening in a nearby vehicle
  • Dogs or other pets in the vehicle 
  • Rubbernecking
  • Talking to passengers in the vehicle
  • Using headphones to listen to music
  • Reaching for something on the seat or dashboard

Do I Need a Distracted Driving Lawyer?

If you have been severely injured in an accident caused by a distracted driver, you are likely facing significant medical bills, extensive repairs to your vehicle, and other unexpected expenses. Loewy Law Firm can help get you the compensation you deserve. You could be entitled to financial compensation for medical expenses, lost wages, pain and suffering, and other losses.

Car accident victims must show that the driver who caused the collision acted negligently by texting and driving or taking part in another form of distracted driving. Evidence is a critical factor in getting the compensation that you need and deserve. It’s crucial to have an experienced distracted driving accident lawyer on your side to help build the strongest possible case on your behalf.

Texting and Driving Laws in Texas

Texting while driving (as well as reading or composing an email) is illegal in Texas. Because drivers generally take their eyes off the road for at least three seconds when they read or type texts, this behavior is extremely dangerous. Since 2017, texting and driving has been against the law in Texas. The fine is $99 for a first conviction and $200 for a second offense. However, it’s a difficult law to enforce because an officer must see that a motorist is using a phone specifically for texting.

The city of Austin has specific ordinances, City of Austin Ordinance No. 20091022-028 and Ordinance No.  20091217-090, that state a driver may not use a phone, tablet, or another device to read, send, or type an electronic message while the vehicle is in motion. However, drivers are permitted to use their devices to send messages while at a complete stop.

Unfortunately, even with the laws against texting and driving, many drivers in Austin still do it. If you’ve been injured by one of them, discuss your legal options with the experienced Austin distracted driving attorneys at Loewy Law Firm. 

How to Prove the Other Driver Was Texting

A number of different types of evidence may come into play in a distracted driving case. Here are some common forms of evidence used in Texas distracted driving cases:

Cell Phone Records

You may petition to have cell phone records used in your case to prove that another motorist was texting while driving. You will need the assistance of an experienced Austin distracted driving attorney to do this. Experienced distracted driving attorneys will know how to get the records promptly as well.

Police Report

Sometimes police will include notes about texting and driving in the police report, which may provide evidence in support of your claim. Examples include the officer’s observations of the driver texting and what the officer found on the driver’s cell phone if they inspected or confiscated the phone.

Traffic Camera Data

Many Texas roads have traffic cameras that might have recorded a motorist using a phone at the time of the collision. Your lawyer might be able to secure traffic camera footage that will prove the at-fault motorist’s texting caused the crash.

Admission of Fault

It is not uncommon for a driver to admit they were texting and driving when the crash occurred. While this may not be admissible, it can help build your distracted driving case.


Anyone who observed the car accident can serve as a witness. This includes pedestrians, cyclists, passengers, as well as other drivers. If possible, make sure to get the contact information from any witnesses who saw the accident. Their account of the crash could be crucial in proving that the other driver was on their phone or otherwise not paying attention prior to the crash.

Contact an Austin Distracted Driving Attorney

The experienced Austin car accident lawyers at the Loewy Law Firm represent those who’ve been hurt by distracted drivers. Call us today for a free and confidential consultation, and let us help you get the justice you deserve.