Can I Sue If I Got Rear-Ended While Texting? Understanding Fault in Texas
Many people think that if they were texting at the time of a crash, they automatically lose their right to make a claim. That’s not true. In Texas, even if you were looking at your phone when you were rear-ended, you can still sue and recover money for your injuries—as long as you were not more than 51% at fault.
Here’s how it really works under Texas law.
You Can Still Recover Under Texas Comparative Negligence Law
Texas uses a system called modified comparative negligence. This means:
You can recover money as long as you are less than 51% at fault.
Your compensation is reduced by your percentage of fault.
Example:
If your case is worth $100,000 and you are found 10% at fault for glancing at your phone, you can still recover $90,000.
Texting does not automatically make you the one at fault. The driver who rear-ended you may still be primarily responsible.
Why You Can Still Sue Even If You Were Texting
Rear-end collisions are almost always caused by the driver behind for one simple reason:
Every driver has a duty to maintain a safe following distance and pay attention.
Even if you briefly looked down at your phone:
The other driver still must watch the road
The other driver must keep enough distance
The other driver must react safely
If they failed to do that and hit you, they were still negligent.
A quick glance at a notification doesn’t make you 51% at fault.
Texting Might Reduce Your Case Value — But It Doesn’t Kill It
Insurance companies will absolutely try to use your phone use against you. But that’s where percentages matter.
Situations where it may affect fault:
You were fully looking down and stopped suddenly
You drifted out of your lane
You slowed to a crawl because you were distracted
Situations where it usually does NOT make you 51% at fault:
You glanced at a text for a second
You were already stopped at a red light
Traffic stopped suddenly
You were rear-ended at high speed
Most real-world rear-end cases still place the majority of blame on the trailing driver.
Why You Should NOT Give a Recorded Statement
If you are not in litigation, you are not required to give a recorded statement to the other driver’s insurance company.
And you should not.
Insurance adjusters are trained to:
Twist your words
Get you to admit distraction
Use the call to increase your fault percentage
Reduce your settlement
Even something innocent like “Yeah, I might have looked down for a second” can harm your case if you don’t phrase it correctly.
Always talk to a lawyer first.
How a Lawyer Protects You After a Distracted Driving Accident
Your attorney will:
Stop you from making statements that harm your case
Gather crash data, witness statements, dash cam footage
Prove the rear driver was primarily at fault
Fight back against “texting” arguments
Maximize your recovery even with shared fault
Even if you were using your phone, you may still have a strong claim for:
Medical bills
Pain and suffering
Lost wages
Future treatment
Property damage
Loss of enjoyment of life
Call (214) 716-2434 to Speak Directly with a Lawyer 24/7: Free Case Consultation
