FAQs

What should I do after a distracted driving accident in East Texas?

Call 911 and get medical attention right away. Some injuries don’t show up for hours or days, and a medical record ties your injury to the crash if you need to pursue a legal claim. If you can, photograph the scene, the vehicles, and the damage, and get the names and contact info of any witnesses. If possible, make note of any evidence showing that the other driver was using his or her phone, eating, or distracted in any other way during the accident Remember, insurance companies look for anything they can use to pay you less—so don’t give a recorded statement to the other driver’s insurer. Instead, call the Roach Law Firm’s experienced car accident lawyers at (903) 645-7333 for a free consultation.

How do you prove a driver was distracted?

Distraction is often difficult to prove, so a thorough investigation is often necessary. Phone records can show whether someone was texting or on a call at the moment of the crash. Other proof includes traffic and dashcam video, data pulled from the vehicle, witness accounts, and the police report. A distracted driving accident lawyer knows how to move fast to save this evidence before it’s gone.

Is texting and driving against the law in Texas?

Yes. Texas law bans reading, writing, or sending a text while driving statewide. Many Texas cities go further with hands-free rules that limit holding a phone at all. If the driver who hit you broke one of these laws, that can be strong evidence of negligence. Breaking the law doesn’t automatically mean the other driver will have to pay out a claim, but it makes it more likely.

How long do I have to file a distracted driving claim in Texas?

In most cases, you have two years from the date of the accident to file a personal injury or wrongful death claim. If a government vehicle or employee was involved, you may have to give formal notice much sooner. Waiting also makes it harder to locate phone records and video, so it’s best to act fast.

How much is a distracted driving case worth in Texas?

Every case is different, so there’s no single answer. The value depends on your medical bills, lost wages, how serious and lasting your injuries are, and your own pain and suffering. Minor cases may settle for a few thousand dollars, but cases involving catastrophic injuries or death can be worth far more. Insurance companies usually open with a low offer, so the first number you hear is rarely what the case is worth.

Do I have to pay anything upfront to hire a distracted driving lawyer?

No. The Roach Law Firm handles distracted driving cases on a contingency basis. There are no upfront fees and no out-of-pocket expenses while your case is pending. If we don’t win, you owe us nothing.

Can I still recover money if the accident was partly my fault?

Yes, in most cases. Texas uses a rule called “modified comparative fault,” meaning you can make a financial recovery as long as you were not more than 50 percent responsible for the accident. Your award is reduced by your share of the blame. If you have questions about how fault might affect your case, call us at (903) 645-7333 for a free review.

Where does the Roach Law Firm handle distracted driving cases?

The Roach Law Firm is based in East Texas and focuses primarily on cases in Texas, Arkansas, Oklahoma, and New Mexico. In Texas, the firm has deep roots in the communities of Tyler, Longview, Texarkana, Lufkin, Nacogdoches, Paris, Marshall, Sulphur Springs, Henderson, Carthage, Jefferson, Mount Pleasant, Clarksville, Gilmer, Pittsburg, Mount Vernon, Quitman, New Boston, Linden, Hemphill, and Daingerfield, as well as the surrounding areas. Call us at (903) 645-7333 to find out how we can help.

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Case Results

$17 Billion

PART OF THE LARGEST LEGAL SETTLEMENT IN U.S. HISTORY

In 1995, Nelson J. Roach and his former firm, along with four other law firms, was selected by the State of Texas to prosecute the state’s claims against the tobacco industry, seeking to recoup state monies paid to treat smoking-related illnesses.

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$730 Million

FOURTH-LARGEST JURY VERDICT IN THE NATION

In 2021, Nelson J. Roach won $730 million in a case arising from a Texas truck accident, the fourth-largest jury verdict in the U.S. that year. The case was filed by the family of an East Texas woman who was killed in a collision with a truck hauling a propeller for a Navy submarine.

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$554 Million

DEFENDING AN INVENTOR FROM CORPORATE COPYCATS

For over a decade, Nelson J. Roach and his former firm represented DataTreasury Corporation in its efforts to hold the largest banks in the United States accountable for their infringement of the tiny company’s intellectual property. Roach and his associates won $554 million in jury awards and royalties.

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$119 Million

FORCING A MINING COMPANY TO PAY UP

Nelson J. Roach represented roughly 7,000 residents of the town of Blackwell, Oklahoma, in a class action lawsuit accusing defendants Phelps Dodge Corporation and its parent company, Freeport-McMoRan Copper & Gold, Inc., of failing to properly address lead, arsenic, and cadmium contamination.

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$90 Million

STANDING UP FOR INJURED STEELWORKERS

Nelson J. Roach represented thousands of steel workers at the Lone Star Steel Mill when they began to suffer from breathing problems and cancer.

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$51.2 Million

FIGHTING ANTICOMPETITIVE PRACTICES IN POULTRY INDUSTRY

Nelson J. Roach and Michael L. Silverman fought for small farms hurt by the corporations that dominate the U.S. chicken-processing industry.

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$47 Million

JUSTICE FOR WORKERS EXPOSED TO INDUSTRIAL TOXINS

Several years after the Lone Star Steel Toxic Tort Litigation began, workers at the Red River Army Depot in the Northeast Texas area began to suffer from diseases caused by exposure to rubber products in the workplace.

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$1.1 Million

WALMART SLIP-AND-FALL CASE

In 2021, Nelson J. Roach won $1.1 million in a slip-and-fall case against retail giant Walmart. It was one of the largest verdicts in a personal injury case in Texarkana history.

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Awards and Recognitions

Awards and Recognitions

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