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Distracted Driving Accidents in Austin
Distracted driving is the second-leading cause of car accidents in Texas, claiming 380 lives and causing 2,587 serious injuries in 2024. In Austin, many of the 10,791 reported crashes involved distracted drivers.
At Marc Chavez Law Firm, we understand how preventable mistakes turn lives upside down, leaving victims with injuries, lost income, and insurance companies working to minimize payouts. Our prosecutorial background informs how we investigate claims, evaluate evidence, and advocate as your Austin car accident lawyer. Call (512) 337-9774 or contact us online for your free consultation.
What Counts as Distracted Driving in Austin
Distracted driving goes far beyond texting. Any activity that diverts attention from the road can cause a crash.
Phone-Related Distractions
- Texting and social media: Eyes, hands, and focus off the road
- Calls (even hands-free): Conversations reduce reaction time
- GPS and navigation apps: Adjusting directions divides attention
- Emails and messaging apps: Multitasking behind the wheel is risky
Non-Phone Distractions
- Eating or drinking while driving
- Adjusting music, climate, or vehicle controls
- Grooming, such as applying makeup
- Passenger conversations requiring mental focus
- Daydreaming or fatigue, both impair driving as much as consuming alcohol
- Observing scenery or other vehicles instead of traffic conditions
How Distracted Driving Causes Accidents in Austin
Austin’s traffic patterns amplify the risks of distracted driving in three critical ways.
Cognitive Overload
Driving demands constant attention. Your brain monitors road conditions, traffic patterns, pedestrians, and cyclists simultaneously. Any secondary task competes for that cognitive capacity. Research shows texting while driving is as impairing as driving with a .08 blood alcohol content, the legal limit for intoxication.
Visual Distraction
When you look at your phone, your eyes leave the road. At 35 mph on Austin streets, your vehicle travels 153 feet in five seconds. In that time, a car can brake suddenly, a pedestrian can step into your path, or traffic can shift lanes unexpectedly.
Manual Distraction
Texting, eating, and adjusting controls take your hands off the steering wheel. If an emergency occurs, you can’t react immediately. On highways like I-35 and MoPac with heavy stop-and-go traffic, a single distracted moment can trigger serious accidents involving multiple vehicles.
Texas Distracted Driving Laws
Texting while driving is illegal under Texas Transportation Code §545.425. Drivers under 18 cannot use cell phones while driving except in emergencies. Handheld device use is prohibited in school zones. First texting violation fines can be as high as $500.
Enforcement remains inconsistent across Austin. Many distracted drivers aren’t cited until someone is injured. Marc’s prosecutorial background provides insight into how distracted driving violations are documented and how that evidence is evaluated in litigation.
Common Injuries from Distracted Driving Crashes
Because distracted drivers often fail to brake or swerve defensively, injuries can be severe and life-altering.
- Whiplash and neck injuries
- Head injuries and traumatic brain injuries
- Broken bones and fractures
- Internal injuries
- Spinal cord injuries
- Psychological trauma, including anxiety, PTSD, and depression
- Death
Prompt medical treatment is critical for both recovery and building a successful claim.
Compensation Available in Distracted Driving Cases
Our Austin distracted driving attorneys help clients recover damages, including:
- Medical expenses: Hospital bills, therapy, and ongoing care.
- Lost income and earning potential: Time off work and long-term financial impact.
- Vehicle repair or replacement: Fixes, diminished value, or total loss.
- Pain and suffering: Physical limitations and lifestyle changes.
- Emotional distress: Anxiety, depression, or PTSD caused by the crash.
Insurance companies often undervalue claims. Marc prepares every case as if it will go to trial, which frequently leads to stronger settlements.
Steps to Take After a Distracted Driving Crash in Austin
Immediately after the crash:
- Ensure safety and move vehicles if possible
- Call 911 for injuries
- Take photos of vehicle damage, road conditions, and traffic signals
- Collect witness contact information and ask if they saw the other driver on their phone
- Exchange driver and insurance details
- Seek medical care within 24 hours, even if you feel fine
After leaving the scene:
- Obtain your police report
- Contact Marc Chavez Law Firm before negotiating with insurance companies
- Preserve all evidence, including messages, videos, and documents
- Keep detailed medical records and income-loss documentation
Following these steps protects your rights and strengthens your claim.
Statute of Limitations for Distracted Driving Claims in Texas
In Texas, you generally have two years from the date of the accident to file a personal injury claim under Texas Civil Practice and Remedies Code §16.003. Missing this deadline can prevent recovery, no matter how strong your case. Our lawyers ensure claims are filed correctly and on time.
Acting promptly also allows us to gather critical evidence while it is still fresh. If you delay, witnesses may forget details, and documentation can be lost, weakening your distracted driving claim.
Why Our Prosecutorial Experience Matters
Proving distracted driving requires strong evidence and courtroom knowledge. Marc’s 12 years as a prosecutor, including 8 years as Assistant District Attorney for Travis County, give your case a unique advantage, including:
- Evidence knowledge: We know which documentation carries the most weight in court.
- Expert witness coordination: Accident reconstruction, medical, and cell phone experts strengthen claims.
- Trial-ready approach: Insurance companies know we’ll go to trial if needed, often increasing settlement offers.
- Super Lawyer recognition: Marc Chavez has been recognized for four consecutive years, reflecting peer respect and proven results.
- Negotiation skills: Years of negotiating cases as a prosecutor translate to better settlements for our clients.
With this experience, we ensure victims get the attention, advocacy, and results they deserve.
Speak With Our Austin Car Accident Attorneys Today
Distracted driving injures and kills drivers in Austin every day. If you’ve been hit by a distracted driver, you deserve justice and fair compensation. At Marc Chavez Law Firm, our attorneys zealously advocate on your behalf as experienced Austin personal injury lawyers.
We represent clients throughout Central Texas with clear, honest pricing and no hidden fees. We understand how difficult this process can be, which is why Marc makes himself available to answer your questions or concerns at any time of day.
Call Marc Chavez Law Firm at (512) 337-9774 or contact us online for your free consultation and take the first step toward protecting your rights.
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Call Our Office Today
512-337-9774
Round Rock Office
2251 Double Creek Drive Suite #601
Round Rock, TX
78664
NEW Austin Office
505 W 12th Street Suite #200M
Austin, TX
78701
