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Distracted driving is one of the most dangerous and rapidly growing threats on Houston’s roadways. In a city defined by sprawling highways, packed intersections, and non-stop construction, even a brief lapse in attention can result in a catastrophic crash. As traffic density rises and technology becomes more integrated into vehicles, drivers face more distractions than ever before—and victims are left dealing with the consequences.
Houston’s roads do not forgive inattention. Whether it is a moment spent checking a notification or fumbling with a GPS route, distracted driving has become a leading cause of collisions across the region. These accidents are not “freak incidents.” They are preventable, and they often leave injured drivers and passengers facing extensive medical care, lost wages, and long-term recovery.
At Johnson Garcia, we help victims of distracted driving crashes understand their rights and pursue full compensation. If you were hit by a driver who wasn’t paying attention, we’re here to hold them accountable.
Call us today at 832-844-6700 for a free case evaluation with an experienced Houston work injury lawyer.
We don’t treat distracted driving cases like routine fender benders. These collisions may seem straightforward, but proving distraction—and connecting it directly to the crash—requires strategic investigation and trial-ready advocacy. That’s exactly what we bring to the table.
With more than 35 years of experience handling serious personal injury cases in Houston, we know how to build strong claims from the ground up. And because our team includes former insurance defense attorneys, we understand how the other side evaluates and challenges these cases.
From the moment we take your case, we start preparing it as though it will go to trial. That means we gather evidence quickly, preserve phone records and surveillance footage, and work with investigators to map out exactly what happened in the seconds leading up to the crash. This litigation-first strategy strengthens your position in settlement negotiations—and makes it clear to the insurance company that we’re ready to take your case all the way if necessary.
Distracted drivers rarely admit fault. They often say they were “just adjusting the radio” or “didn’t see the light change.” In many cases, they say nothing at all. That’s why we conduct thorough, independent investigations. We look for indicators of distraction, such as:
These details matter. They help us prove that the crash wasn’t just bad timing—it was caused by a choice to drive distracted.
Because we’ve handled claims from the other side of the table, we know what insurers look for when evaluating distracted driving claims. We anticipate their tactics—downplaying distraction, blaming road conditions, or shifting liability to the injured party. And we push back with clear, well-documented evidence that strengthens your case.
When you work with Johnson Garcia, you’re not just hiring a personal injury law firm. You’re getting a team that’s equipped to take on tough opponents, expose weak defenses, and demand the compensation you’re owed.
Distracted driving isn’t a new issue—but it’s becoming more widespread and more dangerous every year. Houston’s rapid population growth, expanding roadways, and nonstop connectivity have created the perfect storm for increased distraction behind the wheel.
Smartphones are now part of daily life. Navigation apps, voice assistants, podcasts, and real-time traffic alerts are all designed to make driving more efficient—but they also pull attention away from the road. Even when used “hands-free,” these tools can occupy a driver’s mind, slowing reaction time and reducing awareness.
Houston’s longer-than-average commutes and high-speed corridors mean those moments of distraction often occur at 60 miles per hour or more. A driver who looks away from the road for three seconds on I-10 can cover the length of a football field without ever seeing what’s ahead.
Heavy congestion is another contributing factor. Drivers stuck in traffic on the 610 Loop, U.S. 59, or the Katy Freeway are more likely to glance at their phones, scroll social media, or respond to a text. This false sense of safety in slow traffic can be misleading—rear-end collisions, lane drifts, and sideswipes are common when a driver is looking down instead of watching the car ahead.
Unfortunately, distracted driving has become so common that many people no longer see it as dangerous. Checking a notification or taking a quick photo at a stoplight may feel harmless, but these moments often lead to serious crashes. As the behavior becomes normalized, the risks increase—not just for the distracted driver, but for everyone around them.
Texas law prohibits drivers from reading, writing, or sending electronic messages while operating a motor vehicle. This includes texting, using social media, and emailing—even while stopped at a red light. But the law doesn’t stop there. Distracted driving also includes any activity that takes your eyes, hands, or mind off the task of driving.
Texas courts and safety experts generally recognize three main types of distraction:
Each type increases the risk of a crash—but when multiple forms of distraction happen at once, the danger multiplies.
Some of the most frequently reported distractions in Houston-area crashes include:
These behaviors may seem small in the moment, but they carry real consequences. Texas courts take them seriously—and so do we.
Distracted driving doesn’t always look the same. Sometimes it’s a low-speed rear-end crash at a traffic light. Other times it’s a high-speed sideswipe on the freeway. What these accidents have in common is that they all stem from a failure to focus—and they often result in preventable injuries.
One of the most common outcomes of distraction is a rear-end crash. A driver glances at their phone and fails to notice the car in front has stopped. These collisions can happen in residential areas, along feeder roads, or during stop-and-go freeway traffic. Even at lower speeds, the impact can cause neck injuries, concussions, and back strain.
When a distracted driver drifts into another lane without checking their surroundings, the results can be dangerous. Sideswipe collisions often happen when merging onto freeways, passing in traffic, or navigating curved roads. These crashes frequently involve commercial trucks, motorcycles, or vehicles in blind spots.
Drivers distracted at intersections may fail to notice a changing signal. They enter an intersection on red, assuming they have time to make it through, and collide with cross traffic. These crashes are often severe, resulting in T-bone impacts and serious injuries to drivers and passengers alike.
Distracted drivers are less likely to notice crosswalks, school zones, or cyclists in designated lanes. In urban neighborhoods like Midtown, Montrose, and the Museum District, we see a high number of pedestrian incidents caused by drivers who failed to stop, yield, or slow down due to inattention.
Distracted driving can happen anywhere—but in a city the size and pace of Houston, certain roads are particularly susceptible. These areas combine high traffic volume, complex road design, and frequent stops, creating the perfect storm for distraction-related crashes. Whether it’s a brief glance at a phone or a moment of mental inattention, the results in these locations are often severe.
Westheimer is one of Houston’s busiest and most congested surface streets. Spanning miles across the city and passing through residential neighborhoods, shopping districts, and entertainment zones, Westheimer demands constant attention. Unfortunately, it’s also a place where drivers are most likely to be distracted.
We regularly see accidents here caused by:
When a driver is looking at a GPS or scrolling through music instead of watching traffic, they may miss a braking vehicle or a pedestrian crossing, leading to collisions that could have been avoided.
The 610 Loop circles the inner city and connects to nearly every major highway in Houston. With constant merging traffic, short entrance ramps, and major construction zones, the loop requires quick decisions and complete focus. Unfortunately, distraction in these conditions is common—and often catastrophic.
Areas near the Galleria, the Medical Center, and the interchange with I-69 see frequent multi-car pileups, sideswipes, and rear-end collisions. A single moment of inattention in bumper-to-bumper traffic can cause a ripple effect, involving several vehicles and shutting down lanes for hours.
Feeder roads along major highways like I-10, U.S. 59, and Beltway 8 serve as access points for businesses, shopping centers, and gas stations. These roads are packed with merging vehicles, frequent turnoffs, and stoplights—yet many drivers treat them as a continuation of freeway speeds.
Distraction-related crashes are especially common when:
These are not just minor fender-benders. When drivers fail to react in time, the impact often leads to injuries that require hospitalization and long-term care.
One of the most important—and most difficult—parts of a distracted driving case is proving the driver was not paying attention. Unlike drunk driving, distraction doesn’t always leave obvious physical evidence. But that doesn’t mean it can’t be proven. We use every investigative tool available to uncover the truth.
At Johnson Garcia, we start building your case the moment we’re hired. That includes collecting, preserving, and analyzing every piece of relevant evidence. When distraction is suspected, we focus on:
This evidence doesn’t just help us prove fault—it also gives us leverage when negotiating with insurance companies who want to dispute liability or minimize compensation.
Much of this evidence is time-sensitive. Phone data can be deleted, video footage may be overwritten, and witnesses may become harder to contact. That’s why it’s critical to get legal help early. We move quickly to preserve key evidence before it’s lost, giving your case the foundation it needs to succeed.
In most cases, the distracted driver is the primary party at fault. But depending on the circumstances, other parties may also share legal responsibility. Identifying all liable parties can significantly expand the scope of your claim and improve your chances of recovering full compensation.
If the at-fault driver was operating a vehicle for work purposes—such as a delivery van, service truck, or corporate car—their employer may be held liable under Texas law. This is known as “vicarious liability,” and it applies when an employee causes harm while acting within the scope of their job.
An employer may also be directly liable if they:
We review company policies, job descriptions, and communication logs to determine whether the employer played a role in enabling or failing to prevent distracted driving.
Drivers working for companies like Uber or Lyft are typically classified as independent contractors—but that doesn’t mean the company is immune from liability. In some situations, the rideshare platform may be responsible for encouraging app use while the driver is behind the wheel or failing to suspend drivers with a history of unsafe behavior.
We examine the terms of service, app design, and driver activity records to evaluate whether the company contributed to the distraction or failed to take appropriate action.
In rare cases, the person who owns the vehicle—but wasn’t driving it—may also be held liable. This can occur if the owner knowingly allowed someone with a history of distracted or reckless driving to use their car. This legal theory, known as “negligent entrustment,” requires strong evidence, but it’s an important avenue to explore in serious injury cases.
Even when the cause of an accident seems obvious, insurance companies rarely accept responsibility without a fight. That’s especially true in distracted driving cases, where the evidence may not be as visible as in a DUI or multi-car crash.
Insurance adjusters are trained to protect their company’s bottom line. That often means:
We’ve seen all these tactics before—and we know how to respond.
When you hire us early, we take over communication with the insurance company so you don’t have to. We protect your words, your medical records, and your timeline. We gather the evidence needed to show exactly what happened and how distraction caused your injuries.
Because we prepare every case for litigation, we’re never caught off guard. If the insurer refuses to make a fair offer, we’re ready to take them to court—and they know it.
The moments after a distracted driving crash can be disorienting. You may be in shock, unsure of your injuries, or overwhelmed by the sudden chaos. Still, the actions you take immediately after a collision can have a major impact on your health, your legal rights, and your ability to recover full compensation.
We’ve guided many clients through this process. While every situation is unique, there are several important steps that apply in most cases.
Your health comes first. Even if you feel okay, seek a medical evaluation as soon as possible. Some injuries—like concussions, soft tissue damage, or internal trauma—may not be obvious right away. Getting checked out immediately not only protects your well-being, it also creates a clear medical record linking your injuries to the crash.
If paramedics arrive on the scene, let them examine you. If you’re not transported to the hospital, go to an emergency room or urgent care facility the same day.
In Texas, drivers are required to report accidents that result in injury, death, or significant property damage. A responding officer will document the scene, speak with both drivers, and file an official report. This report becomes a key piece of evidence in your case.
Be honest with the officer, but avoid speculating or assigning blame at the scene. Simply describe what happened and let the investigation move forward. If the officer doesn’t arrive, you can file a report yourself through the Houston Police Department’s non-emergency services.
If you’re physically able, take photos or video of the crash site. Capture:
Also, take pictures of any visible injuries. These images help preserve details that may fade from memory or be altered once the scene is cleared.
Bystanders can offer crucial, unbiased accounts of what happened. If anyone witnessed the crash, ask for their name and phone number. Their statements may support your version of events—especially if the other driver was using a phone or appeared distracted before the crash.
The at-fault driver’s insurance company may contact you quickly, asking for a recorded statement. Do not provide one. Insurance adjusters are trained to minimize payouts and may twist your words to reduce or deny your claim.
Instead, direct all communication to your attorney. We’ll handle those conversations on your behalf, protecting your claim and making sure nothing is said that could be used against you later.
If you suspect the other driver was distracted—texting, using a GPS, adjusting music—make a note of it. Even if it’s just a suspicion, it may be confirmed through investigation later. Mention it to the responding officer and to your attorney during your initial consultation.
The sooner we begin collecting and preserving evidence, the stronger your case will be.
A distracted driving accident can leave you with more than physical injuries. Medical bills pile up, paychecks stop coming in, and the emotional toll of a serious crash can be life-altering. Texas law allows you to seek compensation for these losses—and our job is to make sure no category of damage is overlooked.
We help clients recover for all necessary medical treatment related to the crash, including:
Even if you have health insurance, deductibles, copays, and uncovered services can add up quickly. And for those without coverage, the financial burden can be overwhelming. We make sure these costs are documented and included in your claim.
If your injuries prevent you from working—either temporarily or permanently—you have a right to recover those lost wages. We work with employment records, tax documents, and expert economists to calculate:
Whether you’re a salaried professional, hourly worker, or self-employed, we fight to ensure your economic losses are fully accounted for.
Some losses can’t be measured in dollars—but they’re just as real. Pain and suffering compensation is meant to address the physical pain, emotional distress, and lifestyle disruption you’ve endured as a result of the crash.
This may include:
We take time to understand how the crash has affected your daily experience—and we work to present that reality clearly and persuasively as part of your case.
In addition to injuries, most distracted driving crashes involve vehicle damage or destruction. We include:
Property damage may be a smaller part of the claim, but it’s still essential to make you whole.
While not available in every case, punitive damages may apply when the driver’s behavior was especially reckless—such as texting at high speed, using social media while driving, or causing a crash while already facing a prior citation for distracted driving.
These damages are intended to punish bad conduct and deter others from similar behavior. If the facts support it, we include them in your case strategy.
Distracted driving crashes are preventable. They happen because someone made a choice—to look at a phone, to ignore traffic, to let attention drift from the road. If you’ve been hurt because of that choice, you deserve more than sympathy. You deserve action.
At Johnson Garcia, we’re ready to help you take that action.
We bring more than 35 years of experience to personal injury cases across Houston and beyond. Our team knows how to investigate these crashes, uncover proof of distraction, and fight back when insurers try to deny what really happened. We prepare every case for trial, and we don’t back down from high-stakes litigation.
When you work with us, you get more than legal knowledge—you get advocacy. You get a team that knows how to expose weak defenses, challenge lowball offers, and build a claim that reflects the true impact of your injuries.
We offer free consultations, and you don’t pay anything unless we win. Let us evaluate your case, explain your options, and get to work holding the distracted driver accountable.
Reach out to us today to speak with a Houston distracted driving lawyer who’s ready to fight for you.
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