Houston Distracted Driving Accidents: How to Prove Driver Inattention

What counts as distracted driving?

Texting is only one form of distraction. A driver may be looking at a map, selecting music, watching a screen, talking with passengers, eating, or reaching for an object. Some tasks take the driver’s eyes off the road; others take hands off the wheel or attention away from driving.

The National Highway Traffic Safety Administration’s distracted-driving guide explains the different ways attention can shift from the road.

How do we prove that distraction caused the crash?

Start with the driver’s conduct

A witness may have seen the driver looking down. Dashcam footage may show no braking before impact. The driver may have made a statement at the scene or given an account that changes later. Those details can point investigators toward the right records.

Find electronic evidence lawfully

Depending on the facts and what is legally available, phone records, app activity, messages, vehicle systems, and electronic discovery may help establish a timeline. Records do not always reveal exactly what was on a screen, and obtaining private material can require tailored discovery or legal process. It is important not to promise that every text or app action can be recovered.

Compare the timeline with physical evidence

Vehicle damage, braking evidence, road conditions, video, and witness accounts help answer the next question: did the distraction make a difference? A phone record alone does not prove that phone use caused a wreck.

For a collision caused by someone drifting into opposing traffic, our head-on crash investigation guide explains the separate evidence issues. If the crash occurred at a traffic signal, see the discussion of disputed intersection crashes.

Why fast preservation matters

Nearby video can be overwritten. Vehicles may be repaired. Witnesses may become hard to locate. The driver’s explanation may also be clearer when recorded near the time of the wreck.

Greg’s advice is to save your own records first: photos, dashcam files, the crash report number, names of witnesses, and any messages from the other driver. Do not try to access someone else’s device or accounts. Proper legal requests are the way to seek evidence held by another person or business.