Distracted Driving Accident Lawyers Serving McAllen & DFW
A driver who was looking at a phone rarely says so. The proof sits in the phone, the car, and the cameras along the road, and much of it has a short shelf life. We start the same day so the record of what that driver was doing is saved before it is deleted.
- No fee unless we win
- Four Texas offices
- Se habla español
- Available 24/7
CONTACT US FOR A FREE CONSULTATION
Available 24/7
Tell us where the crash happened and what you saw the other driver doing. We will explain how distraction gets proven, who may be responsible, and what needs to happen this week. It costs nothing to ask.
WHAT THE PHONE KNOWS
The proof is in the driver's hand, and it can be deleted
Modern phones and cars record almost everything a driver does. Texts, app activity, calls, and screen use all carry a timestamp. Match those timestamps to the moment of the crash and "I only looked away for a second" stops working. The catch is that drivers can delete messages, replace phones, and let records age out.
THE CARRIER
Cell phone records
Call and text logs from the wireless carrier show activity down to the minute. These usually require a subpoena, and carriers do not keep them forever.
THE DEVICE
Phone forensic data
A forensic exam can show when the screen was unlocked, which app was open, and whether the driver was typing. That data can be erased by a reset or a new phone.
THE CAR
Event data recorder
Many vehicles store speed, braking, and steering in the seconds before impact. No braking before a rear end crash is a common sign the driver was not looking.
THE DASHBOARD
Infotainment and Bluetooth logs
Built in screens and phone mirroring systems log calls, messages, and connections. That record lives in the car and can be lost when it is repaired or sold.
THE REPORT
Crash report and witness statements
Texas crash reports list contributing factors such as driver inattention and cell phone use. Witnesses who saw a phone in hand need to be reached while they still remember.
THE FOOTAGE
Dash, traffic, and business cameras
Dash cams, intersection cameras, and storefront video can show a driver looking down. Commercial fleets often run cab facing cameras too. Most systems overwrite within days.
COVERAGE
A distracted driving claim may reach more than one policy
Federal law sets a floor for interstate carriers, and for general freight that floor starts at $750,000. Hazardous loads carry a far higher requirement. Most carriers running Texas lanes buy well above the minimum and stack the rest in layers that only surface once someone asks for the full declarations page.
That matters when a crash produces a spinal injury, a brain injury, or a death. The gap between a driver personal policy and a stacked commercial tower is often the gap between a settlement that covers the first year and one that covers a lifetime.
- At fault driver liability
- Employer liability for on the job drivers
- Rideshare company policies
- Delivery and gig app coverage
- Commercial auto and fleet policies
- Vehicle owner liability for negligent entrustment
- Your uninsured motorist coverage
- Your underinsured motorist coverage
- Personal injury protection (PIP)
- Medical payments coverage
- Umbrella and excess layers
- Wrongful death claims
THE FIRST TWO WEEKS
What has to happen before the phone record goes cold
A driver who was texting knows it, and so does their insurer. Messages get deleted, apps get cleared, and phones get traded in. Meanwhile the adjuster calls you for a recorded statement and focuses on anything you might have done differently.
We move on the same clock. A preservation letter puts the driver on notice that they must keep the phone, its data, and the vehicle as they are. Once that letter lands, deleting evidence has consequences. We then use formal requests and subpoenas to obtain records showing what the driver was doing.
- Preservation letters to the driver, their insurer, and any employer or fleet owner
- A demand to keep the driver's phone and its data unaltered
- Requests for carrier call and text logs covering the time of the crash
- Vehicle event data and infotainment logs saved before repair or salvage
- Dash cam, traffic, and business camera footage collected before it is recorded over
WHERE WE WORK
Two Texas regions where traffic invites a glance at the phone
McAllen and the Rio Grande Valley. Expressway 83, 10th Street, Nolana, and the frontage roads carry commuters, cross border shoppers, and freight in the same lanes. Stop and go traffic near shopping centers and the international bridges is exactly where drivers reach for a phone. Our McAllen office is on N. McColl Road and we take calls from Edinburg, Pharr, Mission, Weslaco, Harlingen, and Brownsville.
Dallas Fort Worth. Long commutes on I 35E, I 635, US 75, and I 30 mean hours of slow traffic, and slow traffic is where distracted drivers cause rear end chain reactions. Delivery vans and rideshare cars running on app instructions add to the problem. Our office is on the LBJ Freeway in Dallas and we handle cases across Dallas, Fort Worth, Arlington, Irving, Plano, Frisco, and Denton County.
HOW THESE CRASHES HAPPEN
Distracted driving crashes we take
Distraction shows up in a handful of familiar crash patterns. Each one leaves different evidence, and knowing the pattern tells us which records to ask for first.
Rear end collisions
A driver looking down misses slowing traffic and hits at full speed. No skid marks and no braking data are telling.
Red light and stop sign runs
The driver never sees the signal change. Intersection cameras often catch these.
Rideshare and delivery drivers
Drivers accept fares, follow routes, and confirm drops on a screen while moving. App data can show exactly when.
Work and school zone crashes
Texas bans handheld phone use in active school zones, and work zones leave no margin for a missed sign.
Lane drift and sideswipe
The car wanders across the lane line while the driver types or scrolls. Common on highways and frontage roads
Pedestrian and cyclist strikes
A driver turning right while checking a phone never looks for people in the crosswalk or bike lane.
Commercial vehicle crashes
Federal rules bar truck and bus drivers from handheld phone use. Fleet cameras and telematics often record the violation.
In car distractions
Eating, adjusting screens, or turning to passengers. Not every distraction is a phone, and these still count.
FAQs
Distracted Driving Accident FAQ
Let Us Represent You
D & Z Law Firm is available 24/7 to provide dedicated representation to clients throughout McAllen, TX; Dallas, TX; and beyond. If you would like to learn more about our services and schedule a consultation, please reach out to our office today. We speak Amharic, Spanish, Vietnamese, English, and German, so don’t hesitate to contact us.