Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in Personal Injury Claims-Car Accident Cases, focusing on securing maximum compensation for clients that reflects the full extent of their medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, 18-wheeler accidents.
Car Accident Attorney Austin: What Our Team Knows About Distracted Driver Claims
The driver who hit you wasn’t watching the road. Maybe they were texting, scrolling social media, adjusting their GPS, or reaching for something in the backseat. Whatever distracted them, their momentary lapse in attention changed your life. Distracted driving has become an epidemic on Austin roads, and our car accident attorney Austin team has developed deep expertise in proving these cases. We know where to find evidence of distraction, how to establish liability, and what it takes to hold negligent drivers fully accountable for the harm they cause.
The Distracted Driving Crisis in Austin
Distracted driving kills thousands of Americans every year and injures hundreds of thousands more. Texas ranks among the worst states for distracted driving accidents, and Austin’s congested highways and busy intersections create constant opportunities for distraction-related collisions.
The problem has exploded with smartphone proliferation. Drivers who would never drink and drive think nothing of checking texts at 70 mph on I-35. Our Austin car accident lawyers see the devastating consequences daily—catastrophic injuries caused by drivers who couldn’t wait to look at their phones.
Types of Distracted Driving
Our car accident attorneys Austin handle cases involving all forms of distracted driving:
Visual distractions take drivers’ eyes off the road. Texting, looking at GPS devices, reading billboards, or rubbernecking at other accidents all create visual distraction hazards.
Manual distractions take drivers’ hands off the wheel. Eating, drinking, adjusting controls, reaching for objects, or holding phones while talking remove the physical control necessary for safe driving.
Cognitive distractions take drivers’ minds off driving. Daydreaming, emotional conversations, focusing on passengers, or simply being lost in thought prevents drivers from processing hazards and reacting appropriately.
Texting while driving combines all three distraction types simultaneously, making it particularly dangerous. A driver sending a text isn’t looking at the road, has at least one hand off the wheel, and is mentally focused on their message rather than traffic conditions.
How Our Austin Car Accident Lawyers Prove Distraction
Proving a driver was distracted at the moment of collision presents unique challenges. Unlike drunk driving, there’s no breathalyzer test for distraction. Our car accident lawyer Austin team uses multiple investigative approaches to build compelling evidence of distracted driving.
Cell Phone Records
When we suspect phone use caused an accident, our Austin car accident attorneys subpoena the at-fault driver’s cell phone records. These records show exactly when calls, texts, and data usage occurred. If records show texting or app activity at the precise moment of impact, we have powerful evidence of distraction.
We also pursue forensic examination of phones themselves when possible. Deleted texts can be recovered, and app usage logs reveal whether drivers were browsing social media, watching videos, or otherwise engaged with their devices when they should have been watching the road.
Witness Testimony
Witnesses often observe distracted driving behavior in the moments before collisions. Other drivers, passengers, and pedestrians may have seen the at-fault driver looking down at their lap, holding a phone to their ear, or otherwise appearing distracted. Our car accident attorneys in Austin identify and interview witnesses who can testify to what they observed.
Accident Reconstruction
The way accidents occur often reveals distraction. Distracted drivers typically fail to brake before impact, strike vehicles or pedestrians without any evasive action, or drift out of lanes gradually rather than suddenly. Our Austin car accident attorney team works with accident reconstruction experts who analyze physical evidence to determine whether driving patterns indicate distraction.
Dashcam and Surveillance Footage
Video evidence sometimes captures distracted driving directly. Our car accident lawyers Austin obtain dashcam footage from our clients’ vehicles, nearby drivers, and commercial trucks equipped with cameras. We also secure surveillance footage from businesses and traffic cameras that may show the at-fault driver’s behavior before the collision.
Admissions and Social Media
Drivers sometimes admit to distraction at accident scenes, to police officers, or to insurance adjusters. Our Austin car accident lawyers preserve these admissions as evidence. We also examine social media accounts for posts made around the time of accidents—a driver who posted to Instagram moments before a collision has effectively documented their own distraction.
Texas Laws on Distracted Driving
Texas law prohibits texting while driving statewide, and Austin has enacted stricter local ordinances banning all handheld cell phone use while operating a vehicle. Violations of these laws establish negligence per se, meaning the violation itself proves the driver breached their duty of care.
Our car accident attorney Austin team uses these legal violations to strengthen distracted driving cases. When we prove a driver violated texting bans or handheld device restrictions, establishing liability becomes significantly easier.
School Zone and Young Driver Restrictions
Texas imposes additional restrictions on phone use in school zones and by drivers under 18. Violations in these contexts carry enhanced penalties and demonstrate particularly egregious negligence. Our Austin car accident attorneys pursue maximum compensation when accidents involve these aggravating factors.
Compensation in Distracted Driving Cases
Distracted driving victims deserve full compensation for all damages their injuries cause. Our car accident lawyers in Austin pursue every category of damages available under Texas law.
Medical Expenses
Distracted driving accidents often cause severe injuries requiring extensive medical treatment. Our Austin car accident lawyer team documents all medical costs—emergency care, hospitalization, surgery, rehabilitation, medication, and ongoing treatment needs. We project future medical expenses when injuries require long-term care.
Lost Income
Serious injuries prevent accident victims from working, sometimes temporarily and sometimes permanently. Our car accident attorneys Austin calculate lost wages, lost benefits, and diminished future earning capacity. We ensure our clients receive compensation for the full economic impact of their injuries.
Pain and Suffering
Physical pain, emotional distress, loss of enjoyment of life, and other non-economic damages often exceed economic losses in serious accident cases. Our Austin car accident attorneys fight for substantial pain and suffering awards that reflect the true impact of distracted driving injuries on our clients’ lives.
Punitive Damages
When distracted driving demonstrates particularly reckless disregard for others’ safety, Texas law permits punitive damages designed to punish wrongdoers and deter similar conduct. Our car accident lawyer Austin team pursues punitive damages in appropriate cases, particularly when drivers were engaged in obviously dangerous behavior like watching videos while driving.
Fighting Insurance Company Defenses
Insurance companies defending distracted drivers employ predictable tactics to minimize claim values. They argue distraction isn’t proven, dispute the severity of injuries, or claim our clients share fault for the collision. Our Austin car accident lawyers anticipate these defenses and build cases that overcome them.
We document distraction thoroughly so insurance companies can’t credibly deny it. We obtain comprehensive medical evidence establishing injury severity. We investigate accident circumstances to defeat comparative negligence arguments.
Our Commitment to Distracted Driving Victims
Every distracted driving accident is preventable. The driver who injured you made a choice to prioritize their phone, their food, or their conversation over your safety. Our car accident attorneys in Austin hold these negligent drivers fully accountable, pursuing maximum compensation for victims who did nothing wrong except share the road with someone who wasn’t paying attention.
If a distracted driver caused your Austin car accident, our legal team is ready to investigate your case, prove distraction, and fight for the compensation you deserve.