Quick Answer
You can prove distracted driving by combining witness accounts, video, the driver’s statements and relevant phone records. The strongest evidence connects the driver’s distraction to the mistake that caused the crash. A lawyer can identify and pursue records that are outside your reach.
You saw the phone. The driver was looking down just before hitting you. Of course they deny texting, but the insurance adjuster says it is your word against theirs.
Your account matters, and you should never feel like there is nothing you can do. What you saw gives an investigation a place to start. Other drivers, nearby cameras and records of phone activity can also help show what happened before impact, even when the person who hit you refuses to admit it.
TxDOT reported 308 deaths in crashes involving distracted driving across Texas in 2025, many of which are texting accidents. If a distracted driver injured you on the Katy Freeway, Westheimer or another Houston road, your immediate first task is to preserve the evidence of your crash while you get treatment and call a lawyer. This article covers what to do if you are hit by a distracted driver, and how attorneys help you prove what happened.
How do you get past “he said, she said”?
Start with the details you remember: where the phone was, where the driver was looking and what the vehicle did next. “I saw a phone held above the steering wheel as the car crossed the lane line” gives an investigator specific facts to check.
A claim becomes stronger when separate sources support the same sequence. A witness might have seen the phone, a dashcam might show the lane departure, and relevant records might place phone activity in that time window.
The goal is to establish why the driver missed stopped traffic, crossed into your lane or failed to yield. Our Houston texting-and-driving accident lawyers can investigate those connections instead of leaving the claim at two conflicting accounts.
What evidence helps prove distracted driving?
Witnesses who saw the driver before impact
A person in the next lane may have had a clearer view than you did. Get their name and contact information, and note where they were. What they saw before the collision often matters more than what they saw afterward.
Dashcam and nearby camera footage
Video can show the driver handling a phone, looking away or failing to respond as traffic stops. Even footage that captures only the vehicles helps establish how the collision developed. Save original files, including the approach, and identify nearby businesses with cameras facing the road.
The driver’s own statements
If the driver said, “I was answering a text,” write down the words you remember and who heard them. Tell the responding officer. Police body-camera footage or a witness account might preserve a statement the driver later disputes.
Phone, app and employer records
Relevant records can help establish activity near the time of impact. For a delivery or commercial driver, work messages, dispatch records and available in-cab video provide additional places to look. A lawyer should identify the records needed for your case and who holds them.
Our guide to how lawyers obtain accident evidence explains the requests and legal tools used to bring those sources together.
What can phone records actually show?
Phone-provider records can show the timing of certain calls and messages, along with the numbers involved. That information helps narrow the investigation to the moments around the crash.
A usage log is different from the conversation itself. Message content and activity within an app may require records from the device or another source. The available information depends on the service, what was retained and the lawful access available in the case.
The key distinction is between a phone receiving activity and a driver engaging with it. An incoming text alone does not establish that the driver read it. A witness seeing the driver type, paired with an outgoing message and video of the collision, provides a much fuller picture.
A technical review also checks what each timestamp means and whether the clocks agree. Your lawyer can work with an appropriate expert when the records need that interpretation.
How the evidence fits together: a Houston example
Imagine you are stopped in traffic on Richmond Avenue when a car hits you from behind. The driver says you stopped without warning.
- Your dashcam shows that traffic had already stopped and your vehicle was stationary before impact.
- A witness in the next lane reports seeing the driver looking down at a phone as the car approached.
- Properly obtained records show an outgoing message during the approach to the collision.
Together, those facts support an explanation of how the driver missed the stopped traffic. They also give your lawyer evidence to address the claim that you caused the collision. The investigation still needs to identify who was using the phone and match the records to the crash timeline.
This is an illustrative example. In your case, the available evidence might be different. You can establish negligent driving through the vehicle’s movements and other evidence even if texting itself cannot be confirmed.
How does a lawyer get the other driver’s records?
The process starts by identifying what should be saved. A lawyer can send preservation requests to the driver, an employer or another appropriate record holder before relevant messages, video or data are lost.
If a lawsuit is needed, the legal team can use discovery requests and appropriate subpoenas to pursue relevant records. A phone inspection requires a justified, limited process, through agreement or court oversight. The request should focus on the activity and time period connected to the crash.
Texas courts require a basis connecting the requested phone data to the incident. That is another reason to share what you saw early: your description helps identify the evidence to pursue. The process should protect unrelated private information while seeking the records that matter.
You do not need the other driver’s permission to consult a lawyer or begin documenting your claim. Leave requests for their private records to the legal process.
What you can do now to protect your claim
Your health comes first. If you are still at the scene and someone is hurt, call 911. Get medical attention and follow the treatment instructions you receive. Then save what is already available:
- Write down your observations. Include the phone’s position, the driver’s actions and any statement about being distracted.
- Back up your original recordings. Keep the full dashcam file and photographs, along with the crash-report number.
- Share witness and camera locations promptly. A business name or a witness’s phone number can give your legal team an important lead.
- Keep claim and injury records together. Save insurance letters, medical bills, work-loss information and messages about the collision.
Phone evidence addresses how the crash happened. Your treatment and work records help establish the losses you are seeking to recover. Both deserve attention before an injury settlement is accepted.
Questions about proving texting after a crash
Is texting while driving illegal in Texas?
Texas generally prohibits reading, writing or sending electronic messages on a portable wireless device while driving unless the vehicle is stopped. The statute has specified defenses and exceptions. A civil injury claim also addresses careless driving caused by other distractions, such as looking away to use an app.
What if the driver did not get a texting ticket?
You can pursue an injury claim using evidence of negligent driving without a texting citation. Tell your lawyer what the officer recorded and what you observed. A police report is one source of evidence; witnesses, footage and records also matter.
What if the driver deleted the messages?
Tell your lawyer promptly. Records from another participant, a backup or other available sources might preserve relevant information. Recovery of deleted material is not guaranteed, which makes early preservation important.
Do I need to prove exactly what the message said?
Often, the important questions are whether the driver was distracted and how that distraction contributed to the collision. The message’s wording may add little compared with evidence of typing, looking away and failing to react. Your lawyer can assess which records are worth pursuing.
Get help proving a Houston distracted-driving claim
If you or someone in your family was injured by a texting or distracted driver in Houston, contact the Law Offices of Hilda Sibrian for a free consultation. You should not have to fight a denial alone while recovering from your injuries. Our Houston car accident lawyers will listen to what you saw, identify the evidence needed and explain the next steps for your case.
Attorney Hilda Sibrian has served the Houston metropolitan area for over 22 years. Our firm helps injured people in Houston, Sugar Land, Missouri City, La Porte, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and Beaumont.
Call our office at 713-714-1414 or fill out our online contact form today for a free consultation.
