Austin Distracted Driving Accident Lawyer

Helping Victims of Distracted Driving Accidents in Austin, Texas

A moment of distraction behind the wheel, a glance at a phone on I-35, the Mopac Expressway, or Highway 183, can be all it takes to cause a crash that leaves victims facing medical bills, missed work, and injuries that take months to heal. In the aftermath, the right steps matter. Seek medical care right away, even if injuries feel minor at first, since some symptoms take hours or days to surface. Document the scene with photos when possible, avoid discussing fault with the other driver’s insurer, and obtain a copy of the police report before speaking with any adjuster.

Insurance companies move quickly after a distracted-driving crash, often before victims understand the full extent of their injuries. An Austin distracted driving accident lawyer at TK Injury Lawyers: Austin Personal Injury Lawyer can investigate what caused the crash and seek the compensation victims deserve. Contact us today at (512) 910-2000 for a free consultation.

Why Choose TK Injury Lawyers to Handle Your Case?

When you hire us, you get direct, personal access to the attorney working on your case, not a paralegal, not a case manager, and not a rotating team of strangers. Clients consistently tell us they appreciate having direct, one-on-one access to their attorney, and that is how we have built this firm from the start.

Here is what sets us apart:

• No Fees Unless We Win: We handle every case on a contingency-fee basis, meaning our costs come out of your recovery, not your pocket.
• Over $150 Million Recovered: Our attorneys have recovered more than $150 million for clients in personal injury cases across Texas, including distracted driving car accidents.
• 50+ Years of Combined Experience: Our team has served car accident victims in Austin and throughout Texas for decades.
• Super Lawyers Recognition: Trent Kelly has been recognized by Super Lawyers as a top personal injury attorney in Texas every year since 2019.
• Million Dollar Advocates Forum: Our attorneys are life members of the Million Dollar Advocates Forum, an honor reserved for lawyers who have won million-dollar verdicts and settlements.
• Direct Attorney Access: We work personally with you from intake through resolution. You will never be handed off.
• Over 1,000 Cases Resolved: Our firm has achieved positive outcomes for more than 1,000 clients.
• Exceptional Ratings: We maintain an A+ rating from the Better Business Bureau and earn consistently top reviews on Google, Yelp, and Justia.

Our results speak for themselves. In 2025, we recovered $1,030,000 for a client seriously injured in a motor vehicle accident, a case that required strategic negotiations and an aggressive legal approach. That kind of outcome does not happen by accident. It happens because every client receives our full attention, preparation, and commitment.

Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.

Texas Distracted Driving Laws & Austin Ordinances

Texas addresses distracted driving on multiple levels, and both the state and the city hold drivers to a clear standard. Under Texas Transportation Code Section 545.4251, an operator commits an offense by using a portable wireless device to read, write, or send an electronic message while the vehicle is in motion. Austin’s local ordinance goes further, prohibiting drivers from holding any electronic device at all while operating a vehicle within city limits, not just texting.

Additional restrictions apply in specific situations. Drivers passing through an active school zone face a stricter standard, as do novice drivers holding a learner’s permit and bus drivers transporting students. Any of these violations can carry significant weight when an insurance adjuster or a court evaluates fault after a crash. An Austin car accident lawyer at TK Injury Lawyers: Austin Personal Injury Lawyer can review which laws applied at the time of your collision and build that violation into the foundation of your claim.

Contact an Austin Distracted Driving Accident Lawyer

Speak To An Attorney call us (512) 910-2000

Common Types of Distracted Driving

Distraction behind the wheel generally falls into three categories, and common types of distracted driving include:

• Visual Distractions: Taking your eyes off the road, such as glancing at a phone screen, checking a GPS device, or looking at something outside the vehicle.
• Manual Distractions: Taking your hands off the wheel, such as texting, eating, adjusting the radio, or reaching for something in the car.
• Cognitive Distractions: Taking your mind off driving, such as daydreaming, talking with passengers, or focusing on a stressful phone call.

Texting while driving is widely considered the most dangerous form of distraction because it demands visual, manual, and cognitive attention all at once. A driver reading or typing a message has their eyes off the road, their hands off the wheel, and their mind on something other than driving, leaving little time to react when traffic conditions change. When any of these distractions pulls a driver’s attention away, even briefly, they can miss a red light or stop sign, fail to see an oncoming vehicle, or otherwise fail to take the action needed to avoid a collision.

Common Injuries Caused by Distracted Driving Accidents

Distracted driving crashes often occur at full speed because the driver does not see the danger in time to slow down or react. This lack of reaction time frequently results in severe injuries, including:

• Traumatic Brain Injuries: Head trauma from impact or violent shaking can cause concussions, memory loss, or long-term cognitive impairment.
• Spinal Cord Injuries: Damage to the spine can result in chronic pain, loss of mobility, or permanent paralysis.
• Whiplash and Neck Injuries: The sudden force of a collision can strain or tear soft tissue in the neck, causing pain that lingers for months.
• Broken Bones: Fractures to the arms, legs, ribs, and wrists are common and often require surgery and extended rehabilitation.
• Internal Injuries: Internal bleeding and organ damage may not be visible right away, but can become life-threatening without prompt treatment.

Because these injuries can worsen without immediate care, anyone hurt in a distracted driving crash should seek medical attention right away, even when symptoms seem minor at first.

What to Do After a Distracted Driving Accident in Austin

The steps taken in the hours after a crash can determine a person’s recovery and the strength of any future claim. After a distracted driving accident, injured drivers should:

• Call 911: Report the crash and request medical assistance so a police report is created.
• Seek Medical Attention: Some injuries, including concussions and internal bleeding, do not show symptoms right away.
• Document the Scene: Photograph vehicle damage, road conditions, and any visible injuries before anything changes.
• Avoid Admitting Fault: Even a casual comment about the crash can be used later to reduce a settlement.
• Preserve Evidence of Distraction: Note anything observed about the other driver’s behavior, such as a phone in hand or an unusual delay in braking.
• Contact an Austin Distracted Driving Accident Attorney Before Speaking to Insurers: Insurance adjusters are trained to minimize payouts and may contact victims before they understand the full extent of their injuries.

Taking these steps early can help protect a person’s health and their ability to recover compensation later.

How Our Austin Attorneys Prove the Other Driver Was Distracted

Distraction rarely leaves visible damage, as speeding or drunk driving does, so proving it requires a targeted investigation. Depending on the details of your case, our approach may include:

• Cell Phone Records: We may subpoena call, text, and data logs to pinpoint device use in the moments before the crash.
• Event Data Recorder Information: We can pull black box data showing speed, braking, and steering input leading up to the impact.
• Police Reports and Citations: We can review the responding officer’s observations and any citations issued at the scene.
• Traffic and Dash Camera Footage: We may move to secure nearby footage before it is overwritten or deleted.
• Witness Statements: We can interview anyone who saw the other driver’s behavior in the seconds before the collision.

Every crash is different, and the steps that apply to your case can vary depending on the available evidence and the circumstances of the collision. For guidance specific to your situation, contact an Austin distracted driving accident lawyer at our firm to discuss what an investigation into your crash might involve.

Who Can Be Held Liable in an Austin Distracted Driving Crash?

Liability does not always stop with the driver who caused the crash. Depending on the facts our investigation uncovers, responsibility may extend to:

• The Distracted Driver: The person texting, calling, or otherwise not watching the road remains the primary source of liability in most cases.
• An Employer: An employer may share liability when the distracted driver caused the crash while working within the scope of employment.
• A Rideshare Company: A rideshare company may share liability when a Lyft or Uber driver caused the crash while logged into the app and available for a ride.
• A Third-Party Texter: In limited situations, someone who knowingly texted a driver they knew was behind the wheel may also share responsibility.

Identifying every liable party matters because it can open additional avenues of insurance coverage available to fund your recovery.

Compensation You Can Recover in a Distracted Driving Claim

A distracted driving injury can disrupt nearly every part of your life, and Texas law allows injured people to pursue compensation for that full scope of harm. Depending on your case, recoverable economic damages and non-economic damages may include:

• Medical Expenses: Emergency care, surgery, and ongoing rehabilitation costs tied to your injuries.
• Lost Wages: Income missed during recovery, along with any reduction in future earning capacity.
• Property Damage: Vehicle repair or replacement costs and other damaged personal property.
• Pain and Suffering: The physical pain and emotional toll the crash has caused in your daily life.

Under Texas Civil Practice and Remedies Code Section 33.001, you may still recover damages as long as your share of responsibility does not exceed 50 percent, though your compensation is reduced in proportion to your assigned fault. Our attorneys can work to assess every category of loss, both economic and non-economic, so nothing is overlooked when we calculate what your claim is worth.

Texas Statute of Limitations for Distracted Driving Lawsuits

Texas Civil Practice and Remedies Code Section 16.003 generally gives injured people two years from the date of the crash to file a personal injury lawsuit. Missing that deadline typically ends the right to pursue compensation in court, regardless of how clearly the other driver’s distraction caused the collision.

That two-year window can close faster than it seems. Cell phone records, dash camera footage, and other evidence supporting a distracted driving claim can disappear well before a case ever reaches a courtroom. Acting early gives an Austin distracted driving accident lawyer the time needed to secure evidence while it is still available.

Contact an Austin Distracted Driving Accident Lawyer Today

If a distracted motor vehicle driver caused the accident in which you were involved, the skilled legal team at TK Injury Lawyers, is here to help you pursue the monetary compensation that you need. For a free legal consultation and case evaluation with an Austin distracted driving accident attorney, we have the answers you need. To learn more about the damages you may be entitled to collect, including compensation for medical expenses, lost wages, and other damages, please call today at (512) 910-2000 or contact us online for more information.

Find a car accident attorney near you in Austin, TX:

• Car accident lawyer 
• Rear-end accident lawyer 
• Rollover accident lawyer 
• Uninsured accident lawyer 
• Drunk driving accident lawyer
• Lyft accident lawyer

Visit our office in Austin, Texas

Our TK Injury Lawyers: Austin Personal Injury Lawyers help victims of distracted driving accidents all around the Austin, Texas area. We have an office in Austin, Texas at 1002 Rio Grande St, Austin, TX 78701, United States. Find us with our GeoCoordinates: 30.274129187629512, -97.7482397424445

Client Reviews

What Our Clients Are Saying About Us

Sherri Tate

4 months ago

I was involved in a car accident May 2024 resulting in a broken clavicle and fracture in my back. I had no health insurance. TK Injury Lawyers worked diligently with various medical teams getting costs lowered for my procedures to ensure I was able to be treated fully. Without their help I would have huge medical debt and possibly still waiting on surgery. I will recommend their services to everyone I know. Read more. 

View More Reviews on Google Maps and Yelp