Brazos County Attorneys Holding Distracted Drivers Accountable for Texting and Driving Crashes
When a driver looks down at a phone and causes a serious crash in Bryan or the Brazos Valley, Texas law gives victims the right to pursue full compensation — but building a winning case requires proving distraction, establishing liability, and countering insurance company tactics designed to minimize your recovery. Scott Scherr at The Payne Law Group represents victims of texting and driving accidents throughout Brazos County as a Bryan-College Station distracted driving accident attorney who is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. With more than 30 years of trial experience in state and federal courts, our firm prepares every case as if it will go before a jury — because that preparation is what drives better results.
Why Brazos County Injury Victims Choose Scott Scherr at The Payne Law Group
When a driver’s recklessness upends your life, the attorney you hire makes a real difference in what you recover. Scott Scherr at The Payne Law Group brings credentials and courtroom depth that most local firms cannot match. Reasons why clients trust us to handle their claims include:
- Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation held by fewer than 2% of Texas attorneys
- Over 30 years of experience representing injured clients in Texas state and federal courts
- Multi-million dollar jury verdicts and settlements for accident victims across the Brazos Valley
- Resources to conduct comprehensive investigations to gather evidence, including hiring expert witnesses when necessary
- One of the oldest and most established personal injury firms in Brazos County, founded in 1949
- All cases handled on contingency, no fee unless we recover, with a free initial consultation
- Available 24/7/365, including bilingual staff members
Scott Scherr attended Texas A&M University and graduated from South Texas College of Law, where he served as Associate Editor of the South Texas Law Review and received the Distinguished Service Award. His more than 30 years in Texas courtrooms give him the trial credibility that changes how insurance adjusters approach settlement negotiations.
Is Texting While Driving Illegal in Texas?
Yes, and it has been a statewide primary offense since September 1, 2017. Texas Transportation Code §545.4251 prohibits drivers from reading, writing, or sending any electronic message on a portable wireless device while their vehicle is in motion. The vehicle must be fully stopped to send, read, or write an electronic message. Law enforcement can pull a driver over for texting alone, without needing any other violation. Texas prohibits texting while driving statewide, and it may be enforced when the conduct is observed by an officer or proven by other evidence.
The statute provides affirmative defenses for operators who:
- Use a hands-free device (Bluetooth, mounted speakerphone, or hands-free headset)
- Use GPS or navigation software
- Report an emergency or illegal activity
- Read a message reasonably believed to concern an emergency
- Use a device permanently or temporarily affixed to the vehicle for occupational dispatch or digital network relay purposes
- Activate a music playback function
Texas also imposes stricter rules on certain drivers. Drivers under 18 cannot use any wireless device while driving at all, school bus drivers cannot use their phone with children on board, and no driver can use a handheld device in a school crossing zone while the vehicle is moving.
What Are the Penalties for Texting While Driving in Texas?
A first-time violation carries a fine of $25 to $99. A repeat offense rises to $100 to $200. If texting while driving causes serious bodily injury or death, the offense can be prosecuted as a Class A misdemeanor, punishable by up to a $4,000 fine and up to one year in county jail.
The distinction between a traffic ticket and a civil claim matters. A driver who pays a $99 fine has not settled your case. You retain a separate right to sue for medical bills, lost wages, pain and suffering, and every other loss the crash caused. That citation can also become evidence in your favor.
Why Is Texting Among the Most Dangerous Distractions Behind the Wheel?
Texting triggers all three forms of driver distraction at once: visual distraction (eyes off the road), manual distraction (hands off the wheel), and cognitive distraction (mind off the task of driving). Activities that involve all three forms of distraction simultaneously increase the risk of a distracted driving accident.
The numbers reflect that danger clearly. At 55 mph, reading a five-second text is the equivalent of driving the length of a football field blind. In 2025, distracted driving resulted in 86,384 crashes on Texas roads. As a result, 299 people died and more than 2,437 people sustained serious injuries.
The corridors running through Bryan and College Station carry both local commuters and Texas A&M traffic daily, and these roads are not exempt from those numbers.
How Do You Prove a Driver Was Texting at the Time of the Crash?
Proof requires fast action. An attorney can pursue and preserve evidence including:
- Cell phone records: A subpoena to the driver’s wireless carrier can confirm texts, calls, and data activity at the exact time of impact
- Forensic device analysis: Digital examination can recover phone activity even after the driver deletes messages or clears history
- Police report: Officers who responded may have cited the driver for a texting violation or documented phone observations at the scene
- Eyewitness statements: Bystanders, passengers, or nearby drivers who saw the phone in the driver’s hand
- Camera footage: Traffic cameras, dashcams, and business surveillance may capture the driver’s gaze or hand position at the moment of impact
- Social media timestamps: Posts or messages published seconds before a crash can establish active phone use
Phone records are eventually archived and overwritten, and camera footage loops. Contacting Scott Scherr at The Payne Law Group quickly after your crash protects the evidence that matters most.
What Damages Can You Recover After a Texting and Driving Accident in Texas?
Texas law allows injured victims to pursue both economic and non-economic compensation after a distracted driving crash.
Economic damages include:
- Medical expenses, including emergency treatment, surgery, hospitalization, and long-term rehabilitation
- Lost wages and reduced future earning capacity
- Vehicle repair or replacement
- Long-term care costs for serious injuries, including traumatic brain injuries and spinal cord damage
- Out-of-pocket expenses
Beyond the financial toll, courts also recognize losses that cannot be tallied on a medical bill, invoice, and pay stub. These damages fall under the category of non-economic damages.
Non-economic damages include:
- Pain and suffering
- Mental anguish and emotional distress
- Disfigurement and physical impairment
- Loss of enjoyment of life and quality of life
When a texting crash claims a life, surviving family members may file a wrongful death claim for funeral expenses, loss of companionship, and lost financial support. In cases involving fraud, malice, or gross negligence, Texas courts may also award punitive damages on top of compensatory recovery.
What to Expect When You Work With Scott Scherr at The Payne Law Group
Reaching out is the first step, and it costs you nothing. After you call:
- Free consultation: Scott Scherr reviews your facts, explains your options, and gives you an honest assessment of what your claim may be worth
- Evidence preservation: The firm moves quickly to subpoena phone records, secure camera footage, and lock in witness statements before the window closes
- Medical documentation: Your attorney ensures that current treatment and future care costs are fully captured and accounted for in your claim
- Insurance negotiation: All contact with the at-fault driver’s insurer runs through the firm, protecting you from low offers and bad-faith pressure
- Trial-ready advocacy: Because Scott Scherr is a Board-Certified trial attorney, insurers know this firm takes Bryan-College Station personal injury cases to trial when necessary, and that changes how they negotiate
Every case is handled on contingency. You pay nothing unless Scott Scherr at The Payne Law Group recovers for you.
Contact a Brazos County Texting and Driving Attorney Today
Evidence disappears and deadlines approach. Contact Scott Scherr at The Payne Law Group for a free consultation. The two-year filing deadline Texas law sets for personal injury claims begins on the date of your accident. There is no fee unless we recover.
Frequently Asked Questions About Texting and Driving Claims in Texas
Does Texas law allow me to sue someone who was texting while driving?
Yes. Texting while driving constitutes negligence under Texas law. If a texting driver caused your injuries, you have the right to file a personal injury claim against that driver and, in most cases, their auto insurance carrier. A criminal citation against the driver is not required to bring a civil case, though one can strengthen your claim considerably.
How long do I have to file a claim after a texting and driving accident in Texas?
Most lawsuits for accident claims must be filed within two years from the date of the accident, under Texas Civil Practice and Remedies Code §16.003. For wrongful death claims, the two-year clock begins on the date of death. Missing that deadline almost always ends your right to recover, regardless of how strong your evidence is.
What if the other driver denies they were texting, can I still win my case?
An attorney can subpoena call logs and data activity directly from the driver’s wireless carrier and request forensic analysis of the device. Scott Scherr at The Payne Law Group has spent more than 30 years building personal injury cases against well-funded insurers. A driver’s denial rarely survives a thorough investigation.