Distracted Driving Lawyer San Antonio

A driver who looks at a phone for a few seconds can cause a crash that changes lives. If you were injured because another driver was distracted, The Daspit Law Firm can help you pursue compensation for your medical bills, lost income, and other losses.

Our San Antonio personal injury lawyers represent injured people and families across Bexar County and South Texas. We are available 24/7 to schedule your free case evaluation.

How Distracted Driving Causes Crashes

Any task that pulls a driver's attention from the road raises the risk of a collision. Distractions generally fall into three types: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). Many tasks involve more than one at the same time, and texting involves all three.

Distracted drivers react late or not at all. They drift out of lanes, miss red lights, and fail to see slowing traffic, pedestrians, or motorcycles. Young and inexperienced drivers are especially at risk because they have less time behind the wheel to fall back on.

Common distractions we see in injury claims

•         Texting, calling, or checking a smartphone

•         Reading GPS navigation or maps

•         Eating and drinking

•         Grooming or applying makeup

•         Adjusting the radio or other controls

•         Reaching for items inside the vehicle

•         Rubbernecking at another crash or roadside event

Texas Law on Texting and Distracted Driving

Texas Transportation Code section 545.4251 generally prohibits reading, writing, or sending electronic messages while driving, with limited exceptions such as when the vehicle is stopped. A driver who violates a safety law like this may be considered negligent, which can support your claim. Local rules, including school zone and city ordinances, may add further restrictions.

Proving a Distracted Driving Claim

The other driver rarely admits they were looking at a phone, so evidence matters. Your lawyer may work to obtain:

•         Police and crash reports and witness statements

•         Phone records and app usage for the time of the crash

•         Dashcam, traffic camera, or nearby business video

•         Vehicle data, where available

•         Medical records linking your injuries to the crash

Some of this evidence can be lost quickly, so it helps to call a lawyer early. If a commercial driver was involved, our pages on truck accident causes and 18-wheeler accidents may be useful.

Compensation You May Be Able to Pursue

If another person's distracted driving injured you, you may seek damages for:

•         Ongoing and future medical bills

•         Lost wages and reduced earning power

•         Pain and suffering

•         Emotional distress

•         Property damage

Texas follows a modified comparative fault rule. If you are found more than 50 percent responsible, you may be barred from recovery, and any lower share reduces your award. Insurance adjusters often try to assign blame to the injured person, which is one reason to speak with a lawyer before giving a statement.

Why Choose The Daspit Law Firm

We take your fight as far as it needs to go. Insurance companies are often focused on minimizing or denying claims, and we push back for our clients. We work on a contingency fee basis, so you do not pay upfront legal fees, and we offer home and hospital visits if you cannot travel.

Request Your Free Consultation

Do not carry the cost of someone else's carelessness. Contact our San Antonio firm today to schedule your free case evaluation. Our team is available 24/7.

Frequently Asked Questions

How long do I have to file a distracted driving claim in Texas?

Most personal injury lawsuits in Texas must be filed within two years of the injury under Civil Practice and Remedies Code section 16.003. Exceptions can apply in limited situations. Because evidence such as phone records can be lost, it is best to speak with a lawyer as early as possible.

How can I prove the other driver was distracted?

Proof can come from witness statements, police reports, phone records, video footage, and the physical evidence from the crash. A lawyer can send preservation letters and request records through the legal process. A single piece of evidence is often not enough, so the full picture matters.

What if I was partly at fault?

You may still recover compensation if you were 50 percent or less at fault. Your award is reduced by your percentage of fault. If you are found more than 50 percent responsible, Texas law may bar your claim. A lawyer can help challenge unfair fault assignments.

Does my case have to go to trial?

Not necessarily. Many injury claims settle through negotiation, but that depends on the facts and the insurance company's response. We prepare each case as though it may need to be tried, so you are not pressured into an unfair offer.

What does it cost to hire your firm?

Our personal injury cases are handled on a contingency fee basis. You do not pay upfront legal fees, and our fee is paid from the compensation we recover. Your initial consultation is free.