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Lawsuits & Litigation

Can I Still Sue if I Was Texting and Driving at the Time of My Crash?

— August 1, 2022

The distracted driver is partially to blame in this scenario, as you might argue that had they not been texting, they would have been able to avoid the impact.

Texting and driving has become increasingly prevalent in the United States. In 2021, 20% of all crashes in Texas were caused by a distracted driver. Of this 20%, texting and driving was involved in many instances. But what happens if you were texting and driving before your crash? Does this automatically mean that you will be held accountable for everything that has happened? Will you still have the ability to pursue compensation for your injuries?

These questions are quite complex. Because of this, internet research can only get you so far. If you want real answers that are personalized based on your unique situation, you need to get in touch with a qualified, experienced accident attorney. These legal professionals can assess the circumstances of your crash and determine whether you have the potential to recover compensation. You may be surprised at your chances of success – but you will need to book your consultation to find out.

Comparative Negligence in Texas

Texas follows a system of comparative negligence – also known as “proportionate responsibility” or “comparative fault.” This means that you may still have the potential to receive a settlement even if you were to blame for your own injuries1.

Scales of Justice. Image via Flickr/user:mikecogh. (CCA-BY-2.0).

However, there are limits on this rule – and Texas is considered a “modified” comparative negligence state. This means that if you were the person who was most blameworthy for the accident, you cannot recover any compensation whatsoever. In other words, if you were more than 50% at fault, pursuing a settlement is pointless. 

So how does this affect texting and driving? Let’s consider an example: 

A motorist that was texting and driving is moving through an intersection, traveling under the speed limit. There is no stop sign, so the distracted driver moves straight through the intersection. However, a semi-truck rolls right through a stop sign on the other side of the intersection, traveling 20 miles over the speed limit. In the middle of the intersection, the cars collide2. 

Who is to blame?

The distracted driver is partially to blame in this scenario, as you might argue that had they not been texting, they would have been able to avoid the impact. However, the semi-truck driver is obviously the most at-fault driver in this scenario. As a result, the distracted driver could still sue and receive a partially reduced settlement. 

Where Can I Find an Attorney Near Me?

If you’ve been searching for a qualified, experienced accident attorney in Dallas, look no further than Cooper Law Firm. Over the years, we have helped numerous injured victims in the Texas area, and we know that things aren’t always “black and white” when it comes to car accidents. Multiple people may be to blame – but that doesn’t mean you should walk away with nothing. Book your consultation today, and we can guide you towards the compensation you need and deserve. 



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