DISTRACTED DRIVING ACCIDENT LAWYER AUSTIN TX
Distracted driving — texting, phone use, eating, or any activity that diverts attention from the road — causes thousands of accidents in Austin every year. Proving phone distraction requires immediate action: cell phone records, carrier data, and eyewitness accounts. Our Austin distracted driving accident attorneys know how to subpoena phone records and build the case that proves distraction caused your crash.
What We Can Help You With
Cell phone record subpoenas
Court-ordered access to the driver's call and text records at the time of the crash
Carrier data analysis
Pinpointing exact time of phone use relative to the crash through carrier metadata
Dashcam and surveillance
Footage showing driver looking down or at a device in the seconds before impact
Eyewitness testimony
Witness accounts of driver inattention before the crash are powerful evidence
Punitive damages
Distracted driving that causes serious injury may support exemplary damages in Texas
Social media investigation
Posts, stories, or live videos from the driver at the time of the crash
Frequently Asked Questions
How do I prove the other driver was texting?▾
Your attorney subpoenas the driver's cell phone records from their carrier, showing call, text, and data activity at the exact time of the crash. This evidence is time-stamped and highly persuasive to juries.
Is texting while driving illegal in Texas?▾
Yes. Texas Transportation Code § 545.4251 prohibits reading, writing, or sending electronic messages while driving. A violation is a Class C misdemeanor — evidence of illegality that supports your negligence claim.
What if the driver claims they weren't texting?▾
Cell carrier records don't lie. Even if the driver denies it, subpoenaed records showing data activity, app use, or message timestamps at the time of impact are powerful independent evidence.
Can I get punitive damages for a distracted driving accident?▾
Possibly. Texas allows exemplary damages for gross negligence. Driving while actively texting — a known danger — can support a gross negligence finding and significantly increase total recovery.