Car Accidents
Hit by a Distracted Driver in McAllen? Proving a Texting-While-Driving Crash
Texas bans texting while driving, but distracted-driving crashes still flood McAllen's roads. Here's how fault is proven when the other driver was on their phone.
Quick answer
If a distracted or texting driver caused your crash in McAllen, you can pursue a claim for your injuries, and proof of phone use can strengthen it. Texas law prohibits texting while driving, so phone records, witness accounts, the crash report, and the driver's own statements can help establish fault. Get medical care the same day, preserve the evidence quickly, and don't give the other insurer a recorded statement before talking to a lawyer.
Texas law on distracted driving
Texas prohibits reading, writing, or sending an electronic message while driving, and many cities add their own hands-free rules. When a driver violates that law and causes a crash, that violation can be powerful evidence of negligence. A driver scrolling a phone on McAllen's 10th Street or the Expressway 83 frontage road simply doesn't see the brake lights ahead in time.
How phone use gets proven
Drivers rarely admit they were texting, so proof usually comes from the surrounding evidence: the police report and any citation, statements from the distracted driver at the scene, independent witnesses who saw the phone, and — in a lawsuit — the driver's phone records obtained through formal discovery. Acting fast matters, because some of this evidence can be lost if no one moves to preserve it.
Signs the other driver was distracted
- No braking or skid marks before impact — a sign the driver never saw you.
- The driver admitting at the scene they 'looked down' or 'didn't see' you.
- Witnesses who saw the driver holding or looking at a phone.
- A rear-end or run-the-light pattern consistent with inattention.
Don't help the insurer build a case against you
The at-fault driver's insurer may call quickly and ask for a recorded statement 'to process your claim.' What they're really doing is hunting for words to shift blame onto you and away from their distracted insured. You are not required to give that statement. Let us handle communications so the focus stays on the other driver's inattention.
How we pursue distracted-driving cases
We move early to preserve the crash report, witness contacts, and scene evidence, then document your injuries and tie them to the collision. If a lawsuit is needed, formal discovery can reach the driver's phone records. Chris is prepared to take a clear distracted-driving case to a Hidalgo County jury. Your consultation is free and you pay nothing unless we win.
Frequently asked questions
Can you get the other driver's phone records to prove they were texting?
Often yes, but usually only after a lawsuit is filed, through the formal discovery process. Before that, we build the case with the crash report, witnesses, and physical evidence. The earlier you call, the easier it is to preserve everything that points to distraction.
How long do I have to act on a distracted-driving crash in Texas?
Generally two years from the date of the crash to file a lawsuit, but distraction evidence can disappear long before then. Calling soon lets us preserve witness accounts and the crash record while they're still fresh.
Injured? Let's talk today.
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