You prove the other driver was texting by tying their phone activity to the exact moment of the crash, using cell phone records, video, witness statements, and crash data. Most of that evidence is in someone else’s hands, and some of it can be overwritten or deleted, so it has to be requested early.
Texting leaves no smell of alcohol and no blood test. A driver who looked down at a screen can simply say, “I was watching the road,” and the insurance adjuster will repeat it. Without records, your case becomes your word against theirs.
This is not a rare problem. The Texas Department of Transportation counted 17,023 crashes involving distracted drivers in Bexar County in 2025.
This guide explains what evidence proves texting, how lawyers obtain phone records, what Texas law says, and what to do at the scene. For how these cases are built from start to finish, see our San Antonio car accident lawyer page.
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What Evidence Proves a Driver Was Texting?
The strongest proof is the driver’s phone activity matched to the time of the crash, backed by video, witnesses, and the physical evidence of how the collision happened. No single item usually settles it. Each piece narrows the gap between what the driver claims and what the record shows.
| Evidence | What it can show | How it is usually obtained |
|---|---|---|
| Carrier phone records | Times of texts, calls, and data use | Preservation letter, then discovery or a subpoena in a lawsuit |
| Forensic data from the phone | App activity and screen use near the crash | By agreement or court order |
| Traffic, business, and home cameras | Driver looking down, drifting, or failing to brake | Prompt requests to the camera owner |
| Dash cam video | Lane drift and the moments before impact | Your vehicle, the other vehicle, or witnesses |
| Witness statements | A phone held up or a driver looking down | Names and phone numbers taken at the scene |
| Police crash report (CR-3) | Officer’s notes on distraction and contributing factors | Ordered after the crash |
| Vehicle event data | Speed and whether brakes were applied | Download from the vehicle’s event recorder |
Missing brake marks, a rear-end impact at full speed, or a car that drifted across a lane are also clues. They do not prove texting alone, but they make phone records far more convincing.
How Do Lawyers Get the Other Driver’s Phone Records?
Lawyers get phone records through a preservation letter first, then through formal discovery or a subpoena once a lawsuit is filed. You cannot simply call the other driver’s carrier and ask; privacy rules require a legal process.
- Preservation letter: a written demand that the driver and, where relevant, their employer keep the phone and its data.
- Discovery requests: after suit is filed, the driver must answer questions and produce records about phone use.
- Subpoena to the carrier: the wireless company can be ordered to produce usage logs for a narrow time window around the crash.
- Forensic exam: examining the phone itself usually requires the other side’s agreement or a court order.
Carrier records show when a message was sent or received, not what it said. That timing is often enough. A text sent seconds before a rear-end impact speaks for itself. To see how this evidence fits into the larger fault picture, read how fault is determined in San Antonio car accidents.
What Does Texas Law Say About Texting While Driving?
Texas makes it an offense to read, write, or send an electronic message on a handheld phone while driving unless the vehicle is stopped. The statewide ban is in Texas Transportation Code § 545.4251 and took effect September 1, 2017.
- First offense: a fine of $25 to $99.
- Repeat offense: a fine of $100 to $200.
- If the violation causes death or serious bodily injury: a Class A misdemeanor, punishable by up to a $4,000 fine and up to one year in jail.
- The law has exceptions, including hands-free use, navigation, and reporting an emergency.
A texting ticket is not a civil judgment, but it helps. Texas courts can treat the violation of certain safety statutes as evidence of negligence, a doctrine called negligence per se, explained by the Texas Supreme Court in Perry v. S.N.. You still have to prove the texting caused your crash and your injuries.
How Common Are Distracted-Driving Crashes in Bexar County?
Distracted driving is one of the most common causes of crashes in Texas. TxDOT’s 2025 crash data shows how often it leads to death and serious injury, both statewide and here in Bexar County.
| 2025 distracted-driver crashes | Texas | Bexar County |
|---|---|---|
| Total crashes | 86,940 | 17,023 |
| People killed | 308 | 31 |
| Serious injuries | 2,464 | 235 |
Source: TxDOT, 2025 Distracted Driver Crashes and Injuries by County (data as of April 7, 2026).
Busy corridors such as I-35, I-10, and Loop 410 leave almost no margin for a driver who looks down. Looking at a phone for five seconds at 55 mph means traveling about the length of a football field without watching the road.
What Should You Do at the Scene If You Think the Driver Was on Their Phone?
Tell the police what you saw, then protect the evidence before it disappears. The first hour after a crash often decides whether texting can be proven later.
- Call 911 and get medical help for anyone who is hurt.
- Tell the officer if you saw the driver holding or looking at a phone, so it goes in the report.
- Photograph the vehicles, the road, and the other driver’s phone if it is in plain view. Do not touch or take it.
- Get the names and phone numbers of witnesses.
- Note any cameras nearby: stores, gas stations, homes, and traffic lights.
- Do not argue with the other driver or accuse them at the scene.
- See a doctor the same day, even if you feel fine.
- Talk to a lawyer before you give the other driver’s insurer a recorded statement.
For a full checklist, see our guide to the steps to take after a San Antonio car accident. You will also want the official report; here is how to get your CR-3 crash report in San Antonio.
Can You Still Recover If You Were Partly at Fault?
Yes, as long as your share of fault is not greater than 50 percent. Texas uses proportionate responsibility: your compensation is reduced by your percentage of fault, and you recover nothing only if a jury finds you more than 50 percent responsible.
For example, if your damages are $100,000 and the jury finds you 20 percent at fault for slightly speeding, you could recover $80,000. Insurers know this rule, which is why a texting driver’s adjuster will look for any reason to shift blame to you. Learn more about the Texas 51 percent rule.
Quick Answers
Can Police Check the Other Driver’s Phone at the Scene?
Generally, no. Officers cannot search a phone without consent or a warrant. They can note what they observed and what witnesses tell them, which is why reporting a phone you saw matters.
Will Phone Records Show What the Driver Typed?
Usually not. Carrier records show the time and type of activity, not message content. Timing is usually what proves distraction.
Does a Texting Ticket Prove the Driver Was at Fault?
Not by itself. A ticket is strong evidence, but you still must show the texting caused the crash and your injuries.
Is Hands-Free Phone Use Legal in Texas?
Yes. Hands-free use is an exception to the statewide texting ban, although a driver distracted by a hands-free call can still be negligent.
How Long Do You Have to File a Claim?
In most Texas car accident cases, you have two years from the date of the crash to file a lawsuit, with some exceptions. See the Texas car accident claim deadline for details.
Why Hire Trevino Injury Law for a Distracted-Driving Crash?
We prepare every case for trial from the first day, because insurers pay more when they know a jury is waiting. In a texting case, that means sending preservation letters immediately, securing video before it is overwritten, and pursuing phone records instead of accepting the driver’s denial.
That approach produced a $17 million settlement in a head-on collision case involving three fatalities. Prior results do not guarantee a similar outcome.
Want to Protect the Full Value of Your Claim?
You’ve seen how this affects your case — but this is only one piece of the puzzle. Our Car Accident Lawyer page breaks down what a trial-ready firm does differently.
A driver who chose a text over the road should not get to rewrite what happened. Phone records, video, and witnesses can prove the truth, but only if someone asks for them before they are gone. Injured families across South Texas trust a firm that exposes the tactics adjusters use against injured Texans to fight for them.
Call 210-TREVINO or request a free case review. Se Habla Español. No Win, No Fee.
