Distracted driving occurs when the driver of a car, truck or other motorized vehicle engages in non-driving activities such as eating, reading, or grooming. According to the U.S. Department of Transportation, over 3,000 drivers and passengers lose their lives each year due to distractions while driving or being hit by distracted drivers.
By far, the primary culprit for these types of accidents is smartphone usage, which includes checking emails, texting, surfing the Internet, and even streaming movies. If you’ve been injured in a car accident in Indiana and suspect the other driver was using their cell phone, you may be wondering what legal remedies are available to compensate you for your damages and injuries.
In the Hoosier State, distracted driving has overtaken drinking and driving as the leading cause of accidents. According to studies, even the act of sending a single text while driving raises the risk of a crash by over 20 percent. In addition, other studies have shown that distracted drivers are 30 percent less likely to respond quickly in critical situations.
Indiana’s primary distracted driving law (Code § 9-21-8-59), prohibits drivers from sending messages or reading emails while driving. Regardless of someone’s age, it is illegal to send a text or browse the web, even if stopped at a traffic light or stop sign. Additionally, drivers under the age of 18 are prohibited from using cell phones for ANY purpose, whether handheld or hands-free, while driving.
If you’ve been injured in an accident, you can pursue a personal injury claim against the driver and their insurance company if their distraction and related negligence led to the accident that caused your injuries. Indiana follows a comparative fault-based system for accidents, meaning that a driver can still be held partially responsible for an accident, even if they were not 100% at-fault for the incident.
Proving fault can often pose challenges and will require evidence that a driver was engaged in smartphone usage during or preceding the moment of impact. A skilled Indiana personal injury lawyer can help navigate this process on your behalf, which includes obtaining witness statements, accident reports, as well as potentially obtaining cell phone data from the defendant’s phone.
Cell phone data is important as it contains call logs, text messages, social media interactions, and GPS location records. However, this data isn’t always admissible and shouldn’t be relied upon as the sole evidence for determining fault. With a court order, your attorney may be able to obtain cell phone records to prove that a driver was using their phone at the time of an accident, helping to strengthen your personal injury case.
Dealing with insurance companies to secure compensation in these types of incidents can often prove challenging. They may not present a fair settlement that sufficiently addresses your medical expenses, property damage, lost wages, and emotional distress. For this reason, it is imperative to seek an experienced Indiana car accident attorney to assist you in these matters.
If you’ve been injured in a car accident due to distracted driving or any other cause, contact an attorney at Hurst Limontes and we will review your case at no cost to you. We work on a contingency basis, meaning there are no fees unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or email us for a FREE and confidential consultation or complete the contact form information below.
