Richmond Texting and Driving Accident Lawyer

Injured by a texting driver in Richmond, TX? Contact the top Richmond texting and driving accident lawyer to seek justice and compensation.

A driver who looks down at a phone on US-59 or FM-359 is not watching the car in front of them, not watching the pedestrian in the crosswalk, and not watching you. By the time they look up, the damage is already done. If a distracted driver hit you anywhere in Richmond or the surrounding Fort Bend County area, you are now dealing with injuries you did not cause, bills you did not plan for, and an insurance company already building a case to pay you as little as possible.

That is where our firm steps in. At Vendt Accident Attorneys, our auto accident attorneys specializing in texting and driving collision claims represent Texans who were simply going about their day when someone else’s choice to pick up a phone changed everything. Our Richmond texting and driving accident lawyers know how to uncover the digital proof of what the other driver was really doing behind the wheel, counter the insurer’s playbook, and pursue every dollar you are owed. You concentrate on getting your health back. We take care of the rest.

Get a free consultation and discover how our texting and driving accident attorneys in Richmond can help you seek the compensation and justice you deserve.

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What Is a Texting and Driving Claim?

A texting and driving claim is a personal injury case built on a single, provable fact: the other driver was reading or sending a message instead of watching the road when they hit you.

Unlike a typical rear-end collision, texting cases leave a digital trail, cell logs, app activity, and in-vehicle records, that a skilled attorney can pursue to hold the responsible driver accountable.

What Texas Law Says About Texting While Driving

Texas Transportation Code §545.4251 makes it illegal for any driver to read, write, or send an electronic message on a handheld device while their vehicle is in motion. When a driver violates that law and causes a crash, Texas courts treat it as negligence per se, meaning the violation itself is direct evidence of fault. You don’t need to argue the driver was careless. Breaking a safety law designed to prevent exactly this kind of crash says it clearly.

The prohibition is broader than most drivers realize. The law covers:

Reading or sending messages through SMS, iMessage, or WhatsApp
Typing or opening email while the vehicle is moving
Reading or posting messages on social media apps (using a phone for GPS navigation is a recognized defense under the statute)

Can You Prove the Other Driver Was Texting?

The driver who hit you will almost certainly deny being on their phone. Insurance companies count on that, assuming victims won’t know how to access the evidence needed to prove otherwise. But cell carriers store records of every message sent and received, and courts can compel those records through a subpoena.

The challenge is timing. Phone data, surveillance footage, and infotainment logs don’t stay available forever. Our first move in nearly every texting case is issuing a spoliation letter, a formal legal notice requiring the at-fault driver and their carrier to preserve all phone activity from around the time of your crash. Without it, the driver is free to delete messages, call logs, and app data that could prove what they were doing when they hit you.

Evidence We Gather Before It Disappears

We move quickly to lock down the following before it becomes unavailable:

Cell phone and carrier records: We subpoena the carrier directly to produce timestamps and message logs showing exactly what the driver was doing before impact.
Infotainment and Bluetooth data: Vehicles running Apple CarPlay or Android Auto automatically log phone pairing and app usage, data most victims never know exists, and that we know how to retrieve.
Event Data Recorder (“black box”) downloads: This device captures speed, braking force, and steering inputs in the seconds before a crash and cannot be altered by the driver after the fact.
Surveillance footage: We check intersections and businesses along roads like US-90A and FM-762 before footage is routinely overwritten.
Eyewitness accounts: A bystander who saw the driver holding a phone is one of the most compelling witnesses we can present to a jury or adjuster.

One pattern we consistently see in Fort Bend County texting cases is that the at-fault driver’s carrier records alone do not tell the whole story. Many drivers on US-59 and the Grand Parkway use messaging apps that do not appear in carrier text logs, so we also pursue data usage records and vehicle infotainment downloads. Combining those sources with the event data recorder timeline is often what proves the driver was looking at the phone in the seconds before impact.

What to Do After a Texting and Driving Accident

What you do in the hours following your crash directly shapes what you can recover. These four steps protect both your health and your right to full compensation.

Call Us Before You Speak to the Insurer

The at-fault driver’s insurance company will contact you fast, not to make you whole, but to gather information they can use to limit what they owe. Before you answer a single question from any adjuster, call us. We issue the spoliation letter immediately, take over all communications, and make sure nothing is used against your claim.

Get Medical Attention That Same Day

See a doctor right away, even if you feel okay. Whiplash, spinal disc injuries, and concussions often don’t reach their worst symptoms until 24 to 72 hours after impact. A gap between the crash and your first appointment gives the insurance company an opening to argue your injuries weren’t serious.

Document Everything You Can at the Scene

If you are physically able, photograph damage to both vehicles, your visible injuries, road conditions, and any skid marks. Collect the other driver’s name, license plate, and insurance information. Write down the names and contact details of any witnesses before they leave.

Route Every Insurer Call to Our Office

Once you’ve retained us, you don’t speak to adjusters directly. You don’t give a recorded statement, and you don’t accept any offer before we have assessed the full scope of your injuries and losses. We manage all of it.

What Compensation Can You Recover?

You should not pay a single dollar for harm caused by someone else’s choice to pick up their phone. Texas law allows you to pursue every loss, financial and personal, that the crash has caused.

Damage Type	What It Covers
Medical Expenses	Emergency care, surgery, rehabilitation, and all future treatment
Lost Income	Wages lost and any permanent reduction in your earning capacity
Pain and Suffering	Physical pain, emotional distress, anxiety, and loss of enjoyment of life
Property Damage	Vehicle repair or replacement and any other damaged property
Punitive Damages	Available when the driver’s conduct amounts to gross negligence under Texas law

We build your case around the full impact this crash has had on your life, not just the bills already sitting on your kitchen table.

What if You Share Some Fault?

Insurance adjusters frequently inflate your share of the blame to reduce what they owe. Texas follows a modified comparative negligence rule: you can still recover as long as you are found 50% or less at fault, but your award will be reduced proportionately.

We push back on unfair fault assignments with evidence, not arguments, and we hold insurers to what the facts actually show.

A tactic we see repeatedly from adjusters in Richmond distracted driving claims is shifting blame to the victim for a lane change or a sudden stop at intersections along FM 359 and FM 762. The goal is to push your share of fault upward and shrink the payout. Texas bars recovery once you are more than 50% at fault, so every percentage point matters, and we answer those arguments with scene evidence and the other driver’s phone activity.

How Long Do You Have to File in Texas?

The statute of limitations in Texas gives you two years from the date of your crash to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code §16.003. If a government-owned vehicle was involved, your window may be significantly shorter.

That two-year period sounds like plenty of time, but critical evidence disappears long before then. Surveillance footage gets overwritten in days, witness memories fade in weeks, and cell carriers archive records on rolling schedules. The sooner you involve us, the stronger the case we can build.

Do Texting Cases Settle or Go to Trial?

Most personal injury cases resolve through settlement, but insurers only put fair money on the table when they believe your attorney is prepared to try the case before a jury and win. That credibility is what drives results during negotiation.

Our of-counsel attorney Scott M. Broussard brings extensive Texas jury trial experience to every case we handle. Founding attorney Frank Vendt, Jr. is admitted to practice in the U.S. District Court for the Southern District of Texas. We prepare every case as a potential trial matter from day one, and insurance defense teams throughout Fort Bend County know it.

“Frank was great to work with. He represented me in a manner that was professional and very efficient. Frank does what he does because he has a passion for justice. I am very appreciative of all that Frank has done for me and I will recommend him to anyone that needs legal representation conducted the ‘right’ way.” – Sharndell Carr

Common Injuries in Texting and Driving Crashes

Distracted drivers rarely brake before impact, which means these collisions often deliver the full, unabsorbed force of the vehicle’s speed at the moment of contact. We regularly represent clients with:

Whiplash and soft-tissue injuries from rear-end impacts where braking never occurred
Herniated and compressed spinal discs requiring surgery or long-term physical therapy
Traumatic brain injuries and concussions with cognitive and emotional effects that persist for months or years
Broken wrists, ribs, and clavicles from bracing instincts and the force of impact
Wrongful death caused by high-speed distracted driving on Fort Bend County highways

In our experience, clients hurt by distracted drivers in Richmond are often treated first at OakBend Medical Center or a Sugar Land emergency room, where the focus is on ruling out life-threatening injuries. Concussion symptoms and disc injuries can go undocumented in that first visit. We make sure follow-up care is documented and connected back to the crash so the insurer cannot argue those injuries came later.

Why Hire Vendt Accident Attorneys?

We are not a high-volume firm that treats your case like one more file to close. We are a Richmond-based practice whose attorneys are members of this community, and we provide the individualized legal strategy every client deserves.

Community leadership: Frank Vendt, Jr. served as President of the Fort Bend County Bar Association and is familiar with the local courts, judges, and legal landscape of Fort Bend County.
85 years of combined experience: Our team’s collective background spans Texas personal injury litigation from straightforward collision claims to catastrophic injury trials and wrongful death suits.
Senior-level depth: Our senior counsel is an experienced Texas advocate who handles complex cases.
Contingency fee: You pay no attorney fees unless we recover compensation for you. No upfront cost, no hourly billing.

From the day you call us to the day your case resolves, we handle evidence gathering, expert coordination, insurance negotiation, and full trial preparation. You focus on healing. We focus on fighting.

“I was represented by Scott Broussard in my personal injury case. Scott helped every step of the way, answering all my questions (I had many!) and preparing me well for discovery. The office staff also was very responsive and helpful. I highly recommend Scott if unfortunately, you find yourself injured and don’t know what to do.” – Tina Michel

Where We Serve

Our main office is at 1104 Thompson Road, Richmond, TX 77469. We serve clients throughout Fort Bend County, including Rosenberg, Sugar Land, Missouri City, Katy, Fulshear, Stafford, and Needville, as well as clients from our New Braunfels location.

Call (832) 490-7088. Your consultation is free, and you pay nothing unless we win.

Frequently Asked Questions

Does a Texting Violation Automatically Prove the Other Driver Was at Fault?

A texting violation creates negligence per se under Texas law, meaning the illegal act is itself direct evidence of fault, but we still need to show that violation directly caused your specific injuries, which is exactly what our investigation establishes from the start.

Can I Pursue Punitive Damages Against a Driver Who Was Texting?

Punitive damages are available in Texas when a driver’s conduct rises to gross negligence, meaning they recognized an extreme risk and consciously chose to ignore it. Whether your circumstances qualify is something we assess at the outset of every case we take on.

What Happens if the Driver Deleted Their Text Messages?

Cell phone carriers retain metadata, including timestamps showing when messages were sent and received, even after messages are erased from the handset itself. Courts can also hold intentional destruction of evidence against the at-fault party at trial.

What if the Driver Who Hit Me Has No Insurance?

We pursue your claim through your own Uninsured/Underinsured Motorist (UM/UIM) coverage and investigate every other available source of compensation so that an uninsured driver does not leave you without recourse.

How Long Does a Texting and Driving Case Take to Resolve?

Resolution timelines depend on the severity of your injuries and how the insurance carrier responds. Straightforward cases with clear liability often settle within several months, while complex or catastrophic injury cases may require additional time to build the strongest possible record for your recovery.

School Bus Accidents in Comal and Guadalupe Counties

When your child is hurt on a school bus, it is both a physical injury and a breach of trust. Our firm holds school districts and their contractors accountable to the specific safety obligations Texas law places on them.

These cases extend well beyond collisions while the bus is moving. Children are hurt in three distinct ways:

While riding: Hard braking, sharp turns, and collisions throw unsecured passengers against hard surfaces, causing broken bones, head trauma, and spinal injuries.
During boarding and unloading: A driver who releases a child at an unsafe stop creates liability when that child is subsequently struck or falls.
By stop-arm runners: Texas Transportation Code §545.066 requires all traffic to stop for a school bus stop arm. Drivers who ignore this law can be held personally liable for every resulting injury.

A pattern we see often in Comal and Guadalupe County school bus cases is the district producing the bus camera footage only after a formal preservation demand and only for the exact minute of impact rather than the full boarding sequence. In the claims we have worked through New Braunfels ISD and Comal ISD routes, the boarding and unloading footage often matters more than the crash itself, which is why we request the full file the same week we are hired.

Claim Type	Who You Sue	Key Deadline
Public School Bus (ISD)	Independent School District	6-month written notice under the TTCA
City or Regional Bus	Government Transit Authority	As little as 90 days per city charter
Private Charter or Greyhound	Private Bus Company	2 years under standard Texas law

Public Bus and City Transport Claims in New Braunfels

If you were hurt on an Alamo Regional Transit (ART) bus or another government-operated shuttle, your claim falls under the Texas Tort Claims Act. The TTCA partially waives sovereign immunity, the government’s default legal shield against lawsuits, but only in specific circumstances, including motor vehicle accidents involving a government employee.

The TTCA caps recovery at $250,000 per person and $500,000 per occurrence. It also requires formal written notice within a narrow window after the accident, a deadline many injured people don’t discover until it has already passed.

Private, Charter, and Intercity Bus Crashes

Greyhound, FlixBus, tour buses, church vans, and hotel or airport shuttles are legally classified as common carriers, transportation businesses that serve the general public for hire.

Interstate carriers also fall under federal regulations from the Federal Motor Carrier Safety Administration (FMCSA), and those records can be central to your case. We investigate:

Driver logs to identify hours-of-service violations
Pre-trip and post-trip vehicle inspection reports
Drug and alcohol testing records
Maintenance and repair history for the specific bus involved

Hurt on a Greyhound or charter bus? Call Vendt Accident Attorneys.

What we see consistently in charter and intercity bus claims moving through New Braunfels is that the carrier’s FMCSA driver logs do not match the dispatch records once both are pulled side by side. We have found that an hours-of-service violation buried in electronic logging device data is often the detail that turns a disputed liability case into a clear one.

Deadlines and Notice Requirements for Texas Bus Claims

Texas gives injured people two years to file a personal injury lawsuit, but when a government entity is involved, that window closes much faster.

Private bus (Greyhound, charter, shuttle): 2 years from the crash date under Texas Civil Practice and Remedies Code §16.003.

Texas school district or state agency: Formal written notice within 6 months under the Texas Tort Claims Act.
City of New Braunfels or municipal transit: City charters can require notice in as little as 90 days, one of the most compressed deadlines in Texas personal injury law.

Evidence We Preserve Immediately

On-board camera footage is routinely overwritten within days of a crash. Black box data from the event data recorder (EDR), which records the vehicle’s speed, braking force, and GPS location at the moment of impact, disappears just as quickly without formal legal intervention.

We send preservation demand letters the same day we take your case. We also subpoena the driver’s commercial license history, inspection logs, prior complaints, and training records, all of which can reveal a pattern of negligence that predates your accident. Working with accident reconstruction specialists and medical experts, we build a clear factual record of what happened and who is responsible.

Common Injuries in Bus Accident Cases

Bus accidents cause some of the most severe injuries we see, largely because of the vehicle’s weight and the absence of seat belts for standing passengers.

Passengers inside the bus are commonly thrown from seats during sudden stops or impact, suffering whiplash, herniated discs, broken bones, and traumatic brain injuries. Pedestrians and cyclists face catastrophic harm when struck by a bus; large vehicles have significant blind spots that put anyone near a crosswalk or bus stop at serious risk.

Paratransit passengers face a distinct category of risk. Improperly secured wheelchairs, malfunctioning lifts, and inadequate operator training have caused spinal fractures, head trauma, and severe internal injuries in cases just like yours.

Across the paratransit claims we have handled in Comal County, a malfunctioning wheelchair lift or an improperly secured restraint is rarely documented in the driver’s own incident report. We push for the vehicle’s maintenance logs and prior lift-service complaints early, because that history is usually what proves the operator knew about the defect before it hurt someone.

What You Can Recover After a Texas Bus Accident

You should not carry the financial cost of an accident someone else caused. Texas law allows you to pursue full compensation for:

All medical expenses, from emergency care through long-term rehabilitation
Lost wages and diminished earning capacity going forward
Physical pain, emotional suffering, and loss of enjoyment of life
Permanent disfigurement or disability
Wrongful death damages if a family member was killed in the crash

When conduct was reckless or intentional, what Texas law calls gross negligence, courts can award punitive damages under Civil Practice and Remedies Code §41.003. Because the TTCA caps government liability, identifying any private co-defendant often determines how much total compensation is actually available to you.

Why New Braunfels Families Choose Vendt Accident Attorneys

We don’t take cases to settle them quickly and move on. Every client gets a dedicated strategy, direct communication, and a team ready to go to trial when that is what your case demands.

Transit authorities and private carriers have legal teams that start working immediately after a crash, and you deserve an advocate who starts working just as fast. Our New Braunfels office gives us direct familiarity with the local courts, transit routes, and road conditions involved in your case. Senior Counsel April Tabangay-Vigilla provides bilingual support in Tagalog and Spanish, so language is never a barrier. When your case reaches a jury, attorney Scott M. Broussard brings over 25 years of Texas courtroom experience to your side. We work entirely on contingency; you pay nothing unless we win.

“Frank was great to work with. He represented me in a manner that was professional and very efficient. Frank does what he does because he has a passion for justice. I am very appreciative of all that Frank has done for me, and I will recommend him to anyone that needs legal representation conducted the ‘right’ way.” – Sharndell Carr

FAQs: New Braunfels Bus Accident Lawyer

How Quickly Must I Notify the City of New Braunfels or a School District?

City charter rules may require written notice in as little as 90 days. The TTCA gives you six months for school district claims. Missing either deadline permanently bars compensation. Contact an attorney immediately.

Can I Sue New Braunfels ISD or Comal ISD After a School Bus Crash?

Yes, but only under the TTCA’s narrow waiver for motor vehicle negligence, and only if you provide written notice within six months of the accident date.

How Do Private Charter Bus Claims Differ from Alamo Regional Transit Claims?

A private carrier like Greyhound follows standard Texas negligence law, no damage caps, two-year deadline. ART falls under the TTCA with shorter notice windows and strict recovery limits.

What Happens If Another Driver Caused the School Bus to Crash?

You may have a separate negligence claim against that driver, entirely independent of any action against the school district or bus operator; we pursue all available recovery on your behalf.

Does It Cost Anything to Hire Vendt Accident Attorneys for a Bus Accident?

There are no upfront fees. We work on contingency, meaning you pay attorney’s fees only if we recover compensation for you.

Talk to a New Braunfels Bus Accident Lawyer Today

Evidence disappears and legal deadlines move faster than most people expect. If you or your family were hurt in a bus crash in New Braunfels, our team is ready to act immediately on your behalf. Call us at (832) 490-7088, visit our office at 382 S I-35 South Frontage Rd, Building C, Suite 109, New Braunfels, TX 78130, or submit your free consultation request online.