Distracted Driver Accident Lawyer in Lubbock, TX

Distracted driving crashes kill nearly 3,000 Americans each year and injure hundreds of thousands more. In Lubbock County, drivers using phones, adjusting GPS systems, or otherwise distracted cause numerous preventable accidents each year.

These crashes leave families facing overwhelming medical debt, lost income, and insurance companies that treat legitimate personal injury claims like nuisances to minimize.

For more than two decades, as an experienced Lubbock distracted driver accident lawyer, I’ve represented families whose lives changed in seconds because someone chose to text, scroll, or multitask behind the wheel. These cases demand swift action to preserve critical evidence like phone records and surveillance footage that can disappear within days.

My investigation process has uncovered distraction evidence even when police reports showed no citations, securing significant settlements for clients the insurance companies initially tried to dismiss.

The insurance industry spends millions training adjusters to devalue distracted driving claims, especially when proving distraction seems difficult. I know their tactics because I’ve faced them in negotiations and courtrooms across Texas.

When you work with me, you get direct access to an experienced distracted driver accident attorney in Lubbock, Texas, who treats your case like it’s headed to trial from the start, creating the leverage necessary for fair compensation without the runaround larger firms often give their clients.

What Counts as Distracted Driving in Texas?

Distracted driving is any activity that takes a driver’s attention away from safely operating their vehicle. Texas law specifically prohibits reading, writing, or sending electronic messages while driving.

Distraction falls into three main categories:

• Visual distraction: Taking your eyes off the road
• Manual distraction: Taking your hands off the steering wheel
• Cognitive distraction: Taking your mind off driving

Texting while driving is particularly dangerous because it combines all three types of distraction at once. Other common distractions include talking on the phone, eating, adjusting the radio, or using GPS navigation.

The challenge comes in proving that distraction caused your accident, especially when no citation was issued at the scene.

How Do You Prove the Other Driver Was Distracted?

As an experienced Lubbock distracted driver accident lawyer, I prove distraction through digital evidence, witness statements, and crash reconstruction analysis. This process requires acting quickly because crucial evidence can disappear within days of your accident.

My investigation follows a proven three-step approach that has helped countless clients build strong cases.

Send Preservation Letters and Secure Video Footage

I immediately send legal notices called spoliation letters to the at-fault driver and their cell phone carrier. These letters legally require them to preserve all data from the time of your crash and prevent evidence deletion.

I also work quickly to locate and secure video evidence from multiple sources:

• Traffic cameras at nearby intersections
• Security footage from surrounding businesses
• Dashcam recordings from other vehicles
• Red light or speed cameras

Surveillance footage can be overwritten or deleted quickly, so it’s important to act promptly to preserve evidence.

Subpoena Phone Records and App Data

Once I file your lawsuit, I can issue subpoenas to obtain the driver’s complete phone records. These records show exact timestamps for calls, texts, and data usage that can be matched to the moment of your crash.

Modern smartphones generate extensive data trails that include:

• Text message timestamps and content
• Social media app usage logs
• GPS navigation activity
• Video streaming or gaming activity

For commercial drivers, I also obtain telematics data from their vehicles, which provides detailed logs of driver behavior leading up to the collision.

Download Vehicle Data Recorders

Most vehicles manufactured after 2014 contain Event Data Recorders (EDRs), often called “black boxes.” These devices capture critical information in the seconds before a crash, including speed, braking patterns, and steering inputs.

A lack of braking or evasive action before impact strongly suggests the driver wasn’t paying attention to the road. This data often provides the smoking gun evidence needed to prove your case.

What Should You Do After a Distracted Driving Crash?

Your actions immediately after the accident can significantly impact your ability to recover fair compensation. While I handle the complex legal investigation, you need to protect your health and preserve your rights.

Get Immediate Medical Attention

Seek medical care right away, even if you feel fine initially. Adrenaline can mask serious injuries, and some symptoms don’t appear for hours or days after a crash.

Visit facilities like UMC Health System or Covenant Health Lubbock for thorough evaluation and treatment. Prompt medical care creates an official record of your injuries that becomes crucial evidence in your case.

Document Everything at the Scene

If you’re physically able, use your phone to photograph the accident scene from multiple angles. Capture vehicle damage, road conditions, traffic signals, and any visible injuries.

Get contact information from witnesses who saw the crash happen. Their statements often provide the key evidence needed to prove the other driver was distracted.

Protect Your Legal Rights

Contact an experienced Lubbock car accident lawyer at Perrin Law. Don’t give recorded statements to insurance adjusters or accept quick settlement offers. These companies use trained professionals whose job is to minimize what they pay you.

Save your own devices and avoid discussing the accident on social media. Anything you say can be used against you later in your case.

What Texas Distracted Driving Laws Apply to Your Case?

Texas Transportation Code Section 545.425 makes it illegal to read, write, or send electronic messages while driving. Violating this law provides strong evidence of negligence in your personal injury claim.

Different rules apply depending on the type of driver involved:

Commercial drivers face even stricter federal regulations under the Federal Motor Carrier Safety Administration. Any handheld phone use by truck drivers violates federal law and strengthens your claim significantly.

Who Can Be Held Liable for a Distracted Driving Crash?

The distracted driver isn’t always the only party responsible for your damages. As your Lubbock distracted driver accident attorney, I investigate every potential source of compensation.

Multiple parties may share liability depending on your accident circumstances:

• The distracted driver: Primary responsibility for their negligent actions
• Their employer: If the driver was working or using a company vehicle
• Vehicle owner: When the driver borrowed someone else’s car with permission
• Rideshare companies: Uber or Lyft may be liable for their drivers’ actions

Commercial vehicle accidents often involve larger insurance policies and corporate defendants with deeper pockets. This can mean significantly higher compensation for your injuries and losses.

What Compensation Can You Recover After a Distracted Driving Accident?

Texas law allows you to recover both economic and non-economic damages from the responsible parties. The goal is to make you whole again by compensating you for all losses caused by the accident.

Medical Expenses and Future Care Costs

You can recover money for all accident-related medical treatment, including emergency room visits, surgeries, physical therapy, and prescription medications. This also covers future medical care you’ll need as you continue recovering.

Serious injuries often require ongoing treatment for months or years. I work with medical experts to calculate these future costs and include them in your claim.

Lost Wages and Diminished Earning Capacity

If your injuries prevent you from working, you’re entitled to compensation for lost income. This includes both wages you’ve already lost and future earnings you’ll miss due to your injuries.

When injuries cause permanent disabilities that affect your ability to work, you can also recover damages for your reduced earning capacity over your lifetime.

Pain, Suffering, and Loss of Life’s Enjoyment

Physical pain and emotional trauma deserve compensation beyond just covering your bills. This includes the mental anguish, depression, and anxiety that often follow serious accidents.

You can also recover damages for losing your ability to enjoy activities you used to love, whether that’s playing sports, traveling, or spending quality time with family.

Property Damage and Vehicle Replacement

Your compensation includes repairing or replacing your damaged vehicle at its fair market value. If your car is repairable, you may also be entitled to diminished value compensation since it will never be worth as much as before the accident.

How Long Do You Have to File a Lawsuit in Texas?

Texas gives you two years from your accident date to file a personal injury lawsuit. This deadline is called the statute of limitations, and missing it means losing your right to compensation forever.

However, waiting too long can seriously damage your case even before the deadline arrives. Critical evidence disappears quickly:

• Phone records: carriers may delete detailed usage data after a limited period, so act quickly to preserve it.
• Surveillance footage: Most businesses record over their cameras every few days
• Witness memories: People forget important details as time passes

I recommend contacting an attorney immediately after your accident to preserve evidence and protect your rights.

Were You Hit by a Distracted Commercial Driver?

Accidents involving commercial vehicles like delivery trucks, semi-trailers, or company cars involve more complex legal issues and higher stakes than regular car crashes.

Federal Regulations and Company Policies

Commercial drivers must follow strict federal rules that completely ban handheld phone use while driving. Many companies also have zero-tolerance policies for distracted driving that go beyond legal requirements.

Violations of these rules provide powerful evidence of negligence and can make your case significantly stronger.

Corporate Liability and Insurance Coverage

When commercial drivers cause accidents, their employers often share responsibility through negligent hiring, inadequate training, or unrealistic delivery schedules that pressure drivers to multitask.

Commercial vehicles typically carry much higher insurance policy limits than personal vehicles, sometimes reaching into the millions of dollars. This means better potential recovery for serious injuries.

What if You Were Partially at Fault for the Accident?

You can still recover compensation even if you contributed to causing the accident. Texas follows a modified comparative fault rule that allows recovery as long as you’re less than 51% responsible for the car accident.

For example, if you were speeding slightly but the other driver ran a red light while texting, they likely bear most of the responsibility. Your compensation would be reduced by your percentage of fault, but you’d still recover substantial damages.

Never admit fault to insurance adjusters or accept their initial assessment of responsibility. Let me investigate the facts and fight for the most favorable outcome possible.

Will Your Distracted Driving Case Go to Trial?

Most personal injury cases settle out of court through negotiations with insurance companies. However, I prepare every case as if it’s going to trial because this approach gets better settlement offers.

Insurance companies respect attorneys who are willing and able to win at trial. When they know I’m fully prepared to present your case to a jury, they’re much more likely to offer fair compensation during settlement talks.

The typical timeline involves investigation and evidence gathering for the first few months, followed by settlement negotiations. If we can’t reach a fair agreement, I’m ready to take your case to trial.

Why Choose Perrin Law for Your Distracted Driving Case?

When you hire me, you get personal attention from an experienced attorney who has spent decades fighting for injury victims across Texas. Unlike large firms where your case gets passed around to junior associates, I handle your case personally from start to finish.

My approach focuses on thorough preparation and aggressive advocacy:

• Trial-ready preparation: Every case gets prepared for court, creating leverage for better settlements
• Direct communication: You have my personal phone number and can reach me when you need answers
• Proven results: Over 20 years of securing significant verdicts and settlements for Texas injury victims
• No upfront costs: You pay nothing unless I win your case

I understand the financial stress that follows a serious accident, which is why I handle all cases on a contingency fee basis.

Frequently Asked Questions

Can You Prove Distracted Driving Without a Police Citation?

Yes, I regularly prove distraction through phone records, witness statements, and accident reconstruction even when no ticket was issued at the scene.

How Quickly Can You Obtain the Other Driver’s Phone Records?

I can typically obtain phone records within 30-60 days after filing your lawsuit, but I send preservation letters immediately to prevent data deletion.

What if the Distracted Driver Was Using a Work Phone?

Work phones often provide additional evidence and may create employer liability, potentially increasing your compensation sources significantly.

Can You Recover Punitive Damages for Texting and Driving?

Texas courts may award punitive damages when a driver’s conduct shows gross negligence, such as repeatedly texting while speeding through a school zone.

Should You Accept the Insurance Company’s First Settlement Offer?

No, initial offers are typically far below what your case is actually worth and don’t account for future medical needs or lost earning capacity.

How Much Does it Cost to Hire a Distracted Driving Accident Lawyer?

Nothing upfront. I work on contingency, meaning you only pay attorney fees if I successfully recover compensation for your injuries.

Contact a Lubbock Distracted Driver Accident Lawyer Today

Evidence in distracted driving cases disappears fast, so don’t wait to get legal help. The sooner I can begin investigating your accident, the stronger your case will be.

I offer free consultations where I’ll review your accident details and explain your legal options in plain English. You’ll pay nothing unless I successfully recover compensation for your injuries.

Call my office now or complete the online contact form to schedule your free, confidential consultation. I’m ready to fight for the justice and compensation you deserve.