Every day on Texas roads, drivers make choices that put other people's lives at risk. Some of those choices are deliberate — picking up a phone, getting behind the wheel after drinking. Others feel less intentional — reaching for a coffee cup, glancing at a passenger, losing focus for just a moment. But the result can be the same: a collision that changes someone's life.
Distracted and impaired driving are two of the leading causes of serious accidents in Texas and across the country. If you or someone you love has been injured by a driver who was not paying attention or was not in a condition to be behind the wheel, it is important to understand your legal rights and what options may be available to you.
The Scope of the Problem in Texas
Texas consistently ranks among the states with the highest rates of traffic fatalities. Distracted driving — which includes texting, using a phone, eating, adjusting navigation systems, and any other activity that diverts a driver's attention from the road — contributes to thousands of accidents in the state each year. Texas law prohibits the use of handheld electronic devices while driving, but enforcement is imperfect, and the behavior remains widespread.
Impaired driving presents an equally serious problem. Alcohol-related crashes account for a significant percentage of traffic fatalities in Texas annually, and drug-impaired driving — including impairment from prescription medications — is an increasing concern. Impaired drivers have slower reaction times, diminished judgment, and reduced ability to control their vehicles, making them a significant danger to everyone sharing the road.
Common Injuries Caused by Distracted and Impaired Drivers
Accidents involving distracted or impaired drivers often occur at higher speeds or in situations where evasive action is impossible, resulting in particularly serious injuries. Some of the most common include:
Traumatic brain injuries (TBIs) — ranging from concussions to severe and permanent cognitive impairment — are among the most serious and least predictable consequences of a high-impact collision. Symptoms may not appear immediately, which is why medical evaluation after any accident involving a head impact is critical.
Spinal cord injuries, which can result in partial or complete paralysis depending on the location and severity of the damage, often require lifelong medical care and fundamentally alter a person's ability to live and work independently.
Broken bones, internal injuries, severe lacerations, and soft tissue damage are also common in these types of accidents, and their long-term impact on a person's quality of life and earning capacity can be profound.
Your Legal Rights as an Injury Victim in Texas
Texas operates under a fault-based system for car accident liability. When a driver causes an accident through negligent behavior — including distraction or impairment — they can be held legally responsible for the resulting damages. As an injury victim, you may be entitled to compensation for medical expenses, lost wages, future care costs, and non-economic damages such as pain and suffering and loss of enjoyment of life. Learn more about the types of compensation available through our personal injury practice.
In cases involving drunk or impaired driving, Texas law may also allow for the pursuit of exemplary damages — sometimes called punitive damages — in addition to compensatory damages. These are intended to punish particularly reckless or egregious conduct and deter similar behavior in the future. They are not available in every case, but when the facts support it, they can significantly increase the value of a claim.
Proving Distraction or Impairment
One of the challenges in these cases is establishing that the other driver was distracted or impaired at the time of the accident. Evidence can come from multiple sources — police reports noting signs of impairment, breathalyzer or blood test results, cell phone records showing the driver was texting at the time of the crash, witness accounts, and surveillance footage from nearby businesses or traffic cameras.
Gathering and preserving this evidence quickly is essential. An experienced personal injury attorney can take immediate steps to request phone records, preserve black box data from the vehicles involved, and secure witness statements before memories fade and evidence disappears.
What to Do If You Have Been Injured
If you were hurt in an accident caused by a distracted or impaired driver, the steps you take in the aftermath matter. Seek medical attention right away — even if your injuries do not seem serious at first. Document the scene if you are able, and cooperate with law enforcement. Note whether the officer's report mentions any signs of impairment or distracted driving.
Do not give a recorded statement to the other driver's insurance company without first consulting an attorney. Insurance companies move quickly after accidents and are motivated to resolve claims for as little as possible. Having legal representation from the start puts you in a much stronger position to recover what you are actually owed.
The Turner-Monahan Approach to Personal Injury Cases
At Turner-Monahan, PLLC, our personal injury team has decades of combined experience representing injury victims in Fort Worth and across North Texas. We handle car accident cases,
Attorney Matthew T. McLain, who leads our personal injury practice, has more than 20 years of experience and a proven track record in both settlements and jury verdicts. He understands what it means to be injured through no fault of your own, and he brings that understanding to every case he handles.
You should not have to bear the financial consequences of someone else's reckless decision. We are here to make sure you do not have to.
If you have questions or are ready to take the next step, the team at Turner-Monahan, PLLC, is here to help. Contact us online or call (817) 623-0129 to schedule your free consultation. Virtual appointments are available.
