Defending Against Accusations of Texting While Driving After a Crash

 Posted on May 27, 2026 in Criminal Defense

Accusations of texting while driving after a crash are common in Texas. In the immediate chaos of an accident, it is easy for assumptions to form quickly. Once someone points a finger at your phone, the whole narrative of what happened can shift against you. The good news is that an accusation is not proof, and there are real ways to defend yourself. If you are facing a texting while driving citation or criminal charge, our Houston traffic violations defense lawyers can review your case and help you fight back.

Under Texas Transportation Code Section 545.4251, it is illegal to read, write, or send an electronic message on a wireless device while operating a vehicle. A basic first offense carries a fine between $25 and $99. But when a crash is involved, the stakes rise significantly. If someone was seriously injured or killed, you could be facing a Class A misdemeanor with fines up to $4,000 and up to one year in jail under Texas Transportation Code Section 545.4251(c) .

In the most severe cases, charges can escalate to criminally negligent homicide under Texas Penal Code Section 19.05, a state jail felony, or manslaughter under Texas Penal Code Section 19.04, which carries two to 20 years in prison. These are not minor consequences, and how you respond to the accusation matters a great deal.

How Do Texas Police Try To Prove You Were Texting When a Crash Occurred?

Understanding how law enforcement builds these cases is the first step toward challenging them. Officers do not always witness the texting directly. Instead, they often piece together their case using several types of evidence after the fact.

The most common forms of evidence used in texting while driving cases include:

• Officer observations, such as seeing you holding your phone or looking down repeatedly before the crash

• Cell phone records obtained through a subpoena, which can show timestamps of texts, calls, or app activity around the time of the accident

• Witness statements from other drivers, passengers, or bystanders who claim they saw you using your phone

• Surveillance or traffic camera footage from nearby intersections or businesses

• Data extracted from the phone itself through a forensic examination

Each of these evidence types can be challenged. Just because a record exists does not necessarily prove unlawful texting caused the crash.

What If the Crash Was Not Actually Caused by Distraction?

Even if you did briefly look at your phone, that does not automatically mean your phone use caused the accident. Another driver may have run a red light, road conditions may have played a role, a mechanical issue may have been the real cause, or the other driver may have been the one acting carelessly.

In Texas, the prosecution has to prove beyond a reasonable doubt not just that you were texting. They also have to show that the texting caused or contributed to the crash. Those are two separate things. An attorney can investigate the full circumstances of the accident, including reviewing the police report, interviewing witnesses, and examining physical evidence from the scene, to build a picture of what actually happened.

How Can Cell Phone Records Be Challenged in a Car Accident Case?

Cell phone records are often treated as the most damning evidence in these cases, but they are not as straightforward as they seem. A record showing that a message was sent or received around the time of the crash does not necessarily prove you were the person sending it. It also does not prove you were actively looking at your phone at the exact moment of impact. Even if phone activity occurred, prosecutors still need to show it actually contributed to causing the crash.

There is also an important distinction between actively typing or reading a message and a phone receiving a notification passively in the background. Your attorney can work with a digital forensics professional to examine exactly what the records show and whether they actually support the claim that you were texting while driving.

It is also worth knowing that Texas law has exceptions. You are legally allowed to use your phone while driving to report an emergency, contact law enforcement, or seek medical help. If your phone activity at the time of the crash falls within one of those exceptions, that is a direct defense.

Can Witness Accounts Be Questioned in a Texting While Driving Case?

Eyewitness testimony is far less reliable than most people think, especially in the aftermath of a sudden and stressful event like a car accident. A witness may believe they saw you looking at your phone. In reality, they may have observed you adjusting the radio, reaching for something in the car, or simply looking down for a brief moment that had nothing to do with texting.

Your attorney will look closely at where each witness was positioned, what their view of your vehicle actually was, and whether their account is consistent with the physical evidence. Inconsistencies between witness statements and the accident scene can significantly weaken the prosecution's case.

Contact Our Houston, TX Texting and Driving Accident Lawyers Today

Being accused of texting while driving after a crash does not mean you are guilty. It also does not mean you have to accept the worst outcome. Our Houston traffic violations defense attorneys at Murphy & McKinney Law Firm, P.C. will look closely at the evidence against you, challenge what can be challenged, and fight to protect your record. You deserve a defense that takes your situation seriously. Call us at 713-229-8333 today.