The driver never braked.
No skid marks. No swerve. Just a full-speed impact because someone decided whatever was on their phone was worth glancing at for a few seconds.
If a distracted driver's decision to look away from the road caused your injuries, Texas law gives you a clear path to hold them accountable. At Lorenz & Lorenz Accident & Injury Lawyers, our Killeen distracted driving accident lawyers handle these claims throughout Bell County and Central Texas.
Ted Lorenz has practiced personal injury law exclusively since 2001 and works directly with every client. Call 254-662-4800 or 1-800-TELL-TED any time for a free consultation. There's no fee unless we recover for you.
Do You Need a Lawyer After a Distracted Driving Accident in Killeen?
Yes, and distracted driving cases specifically benefit from early legal involvement.
The most critical evidence in these cases, cell phone records, is obtainable only through a formal legal process. That process takes time. And the driver isn't going to preserve it for you.
A Killeen distracted driving accident attorney starts that evidence-gathering process immediately, while building the full claim for your injuries and losses.
Why Is Early Action So Important in Distracted Driving Cases?
Phone records don't disappear overnight, but obtaining them requires a subpoena.
Filing that subpoena takes legal standing. Building that legal standing requires a claim.
The longer you wait to retain an attorney, the more the window narrows on the evidence that proves the driver was on their phone at the moment of impact.
How Common Is Distracted Driving in Killeen?
Killeen's high-traffic corridors, including US-190, Trimmier Road, WS Young Drive, and I-14, see the same distracted driving patterns as any major Texas city.
Military personnel commuting to and from Fort Cavazos, rideshare drivers managing apps, and commercial drivers handling GPS and communication systems all add to the distraction risk on these roads.
According to the Texas Department of Transportation, distracted driving causes nearly one in five crashes in Texas every year.
Is Texting While Driving Illegal in Texas?
Yes. Under Texas Transportation Code § 545.4251, it is illegal for any driver to read, write, or send an electronic message while operating a moving vehicle.
This ban covers texting, emailing, social media, and instant messaging.
GPS use and hands-free calls are permitted. But any manual interaction with a phone while the vehicle is in motion violates the law.
What Penalties Does Texas Impose for Texting While Driving?
A first offense carries a fine of $25 to $99. A repeat offense increases to up to $200.
If texting while driving causes serious injury or death, the offense can be elevated to a Class A misdemeanor, carrying potential jail time up to one year and fines up to $4,000.
Criminal penalties are separate from civil liability. A driver can face both simultaneously.
Are There Stricter Rules for Certain Drivers in Texas?
Yes. Drivers under 18 cannot use any wireless communication device while driving, including hands-free.
School bus drivers cannot use electronic devices when children are on board. In school zones, handheld device use is prohibited regardless of the driver's age.
These stricter rules create a stronger legal position when the at-fault driver falls into one of these categories.
How Do You Prove a Driver Was Texting at the Time of the Crash?
Proving a driver was on their phone requires evidence, and that evidence is obtainable through legal channels.
The driver's denial is not the end of the analysis. It's the beginning.
We build distracted driving cases using four primary evidence sources.
What Do Cell Phone Records Show in a Distracted Driving Case?
A subpoena to the driver's cell carrier can produce a detailed log of every call, text, and data interaction with timestamps.
Matching those timestamps to the documented time of impact establishes whether the driver was actively using their phone in the seconds before the crash.
This is the most direct form of proof in distracted driving cases, and it's evidence the driver cannot simply deny away.
What Other Evidence Supports a Distracted Driving Claim?
Traffic camera footage from intersections on US-190, I-14, and other major Killeen corridors can show a driver's posture and hand position in the moments before impact.
Business surveillance cameras, dashcam recordings from other vehicles, and witness accounts of the driver looking down or holding a device all contribute to the evidentiary picture.
The police report is also relevant. If the responding officer noted signs of phone use or cited the driver at the scene, that documentation carries weight in a civil claim.
What Is Negligence Per Se in a Distracted Driving Case?
Negligence per se is a legal doctrine that applies when a driver violates a safety statute and that violation causes exactly the kind of harm the statute was designed to prevent.
When a driver violates Texas Transportation Code § 545.4251 by texting while driving and causes a crash, that violation can establish negligence automatically.
You don't need to prove the driver was careless in general. The statutory violation is the proof.
Does Negligence Per Se Apply to Non-Phone Distractions?
Negligence per se specifically applies to statutory violations like the texting ban.
For other distractions, including eating, applying makeup, adjusting a radio, or looking at a passenger, the legal theory is general negligence.
General negligence still supports a civil claim. Every driver owes a duty to keep their attention on the road. Failing to do so and causing an accident is a breach of that duty.
We identify which legal theory applies to your specific case and build the evidence accordingly.
Call 254-662-4800 for a free case review, 24 hours a day, 7 days a week.
How Long Do You Have to File a Distracted Driving Claim in Texas?
Two years from the date of the accident is the general deadline under Texas law.
Missing it typically ends your right to pursue compensation in court, regardless of how clear the driver's distraction was. (Note: specific circumstances may affect this deadline. A licensed Texas attorney can advise on the deadlines that apply to your situation.)
Acting early protects more than just the deadline. Cell phone records have their own retention windows. Surveillance footage gets overwritten. Witnesses become harder to locate.
Does Texas's Comparative Fault Rule Apply to Distracted Driving Cases?
Yes. Under the Texas Civil Practice & Remedies Code, Chapter 33, if you share some responsibility for the accident, your compensation may be reduced proportionally.
As long as your share of fault doesn't exceed 50 percent, you may still pursue a claim.
Insurance companies sometimes raise comparative fault arguments to reduce what they owe. We prepare for those arguments and build the evidence to counter them.
What Compensation May Be Available After a Distracted Driving Accident in Killeen?
Distracted driving claims may include both economic and non-economic damages.
Potential compensation may include:
- Medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and future treatment
- Lost income, including wages missed during recovery and, for serious injuries, reduced earning capacity going forward
- Property damage, including the cost of repairing or replacing your vehicle
- Pain and suffering, reflecting the physical limitations and impact of your injuries
- Loss of enjoyment of life, where injuries have permanently affected daily activities
In cases involving egregious conduct, such as a driver with a prior distracted driving citation who caused serious injury, exemplary damages may also be available under Texas Civil Practice & Remedies Code, Chapter 41.
The value of a claim depends on injury severity, the strength of evidence establishing distraction, and the applicable insurance coverage.
Do You Have a Distracted Driving Case in Killeen?
You may have a viable claim if another driver's inattention caused your car accident and you suffered measurable harm as a result. Common distracted driving scenarios in Bell County include rear-end collisions at intersections on Trimmier Road and WS Young Drive, sideswipes caused by drivers drifting lanes while looking at phones, and T-bone crashes at signals where the distracted driver never slowed down.
What If the Driver Denies Being on Their Phone?
Denial is routine. It changes nothing about what the evidence can show.
Cell phone records, surveillance footage, and witness accounts establish a factual record that exists independently of what the driver claims.
We build that record promptly and present it clearly.
What If There Were No Witnesses to the Distraction?
Eyewitness testimony is valuable but not required.
Cell phone records alone can place an active call or text at the exact moment of impact. Surveillance footage can show hand position and posture. Accident reconstruction can establish that the driver's behavior was inconsistent with someone watching the road.
Cases without witnesses are more challenging. They are not unwinnable.
Not sure whether your situation supports a claim? Call 254-662-4800. The conversation is free.
Ask Lorenz & Lorenz
The other driver was cited for texting at the scene. Does that automatically mean I win my civil claim?
A citation is strong evidence of negligence, and in Texas it may support a negligence per se argument that establishes liability without requiring additional proof of carelessness. But it doesn't automatically resolve the value of your injuries or eliminate all disputes. The citation helps significantly. It doesn't end the fight over what your claim is worth.
What if the driver was using GPS, not texting? Is that still distracted driving?
GPS use while driving is not prohibited under Texas's texting ban. However, manual interaction with a GPS app, such as typing a destination while moving, may still constitute negligent behavior if it took the driver's eyes and hands off the road and caused the crash. The legal theory shifts from negligence per se to general negligence, but the claim remains viable.
The crash happened on Fort Cavazos property. Does that affect my claim?
If the accident occurred on a federal military installation, different rules may apply under the Federal Tort Claims Act. That includes different procedures and shorter deadlines than a standard Texas personal injury claim. If your crash happened on base, speak with an attorney promptly because the timelines are strict.
I suspect the driver was on their phone but I have no proof. Can we still investigate?
Yes. Suspicion is the starting point, not the endpoint. Once our firm is retained, we can subpoena the driver's cell phone records, request surveillance footage from nearby businesses and traffic cameras, and interview witnesses who were at the scene. The investigation builds the proof. You don't need to walk in with it already in hand.
FAQ for Killeen Distracted Driving Accident Lawyer
How much does a distracted driving accident lawyer in Killeen cost?
Our firm works on a contingency fee basis. You pay nothing upfront and nothing at all unless we recover compensation for you. There are no hourly fees and no out-of-pocket costs to get started. Your initial consultation is free.
Can I request the other driver's phone records myself?
No. Phone carriers require a legal subpoena to release call and data logs. That subpoena can only be issued through formal legal proceedings. This is one of the key reasons early attorney involvement matters in distracted driving cases.
What if the driver was a commercial vehicle operator using a company device?
Commercial drivers are subject to additional federal and state regulations regarding phone use while operating commercial vehicles. If the device was company-issued or the driver was on a work call at the time of the crash, the employer may also bear liability. We investigate that angle in every commercial vehicle distracted driving case.
Does it matter if the driver was using a hands-free device?
Texas law permits hands-free device use while driving. A driver who causes an accident while using a hands-free device isn't automatically exempt from liability, however. If the call or interaction was cognitively distracting and that distraction contributed to the crash, a general negligence claim may still apply. The legal standard is whether the driver was exercising reasonable care, not merely whether they were technically complying with the texting ban.
What if distracted driving caused a wrongful death?
Texas law allows certain surviving family members, including spouses, children, and parents, to pursue a wrongful death claim when a loved one is killed due to another party's negligence.
Distracted driving cases that result in death may also support a claim for exemplary damages given the knowing nature of the conduct.
A free consultation with our firm can clarify what options may be available to your family.
They Chose to Look Away. You Shouldn't Pay for That Choice.
Distracted driving isn't an accident in the way a tire blowout is an accident.
It's a decision. A driver picks up the phone, looks away from the road, and gambles with everyone around them.
When that gamble costs you, Texas law exists to hold them accountable for it.
Ted Lorenz has fought for injured people in Central Texas since 2001. He works every case personally, knows Bell County courts, and is available any time you need to talk.
Call 254-662-4800 or 1-800-TELL-TED, any time of day or night. The consultation is free, and the fee comes only if we win.
The information on this page is for general informational purposes only and does not constitute legal advice. Laws, deadlines, and legal standards referenced should be verified with a licensed Texas attorney for your specific situation.