Distracted driving remains one of the leading causes of car accidents across the United States, and Indiana is no exception. In response to the growing danger posed by smartphone usage while driving, Indiana enacted its no-texting law in July 2011, banning drivers from sending or reading text messages while operating a vehicle.
This legislation not only aims to enhance road safety but also significantly impacts car accident liability cases in the state. In this article, we’ll explore how Indiana’s no-texting law plays a critical role in car accident cases, its legal implications, and what victims and at-fault drivers need to know.
Understanding Indiana’s No-Texting Law
Indiana Code 9-21-8-59 explicitly prohibits drivers from using a telecommunications device to send or read text messages or emails while driving. This law covers texting, instant messaging, and emailing, whether the driver is at a stoplight or in motion. The statute is part of Indiana’s broader efforts to combat distracted driving, which accounted for over 7% of all traffic fatalities in 2022, according to the Indiana Department of Transportation.
Although hands-free device use is allowed, any manual operation of a phone for texting while driving is considered a violation. Violators can face fines of up to $500, and in cases involving severe accidents, the penalties can escalate if texting is proven to be a contributing factor.
Distracted Driving and Liability in Indiana
Indiana follows a fault-based system for car accidents, meaning the at-fault party is responsible for compensating the victim’s damages. The no-texting law provides a clear legal framework for determining liability in cases where distracted driving is involved.
Texting as Evidence of Negligence
In car accident cases, negligence is a critical factor in establishing liability. Drivers owe a duty of care to others on the road, which includes staying focused and avoiding distractions. Texting while driving is considered a breach of this duty, and evidence of texting at the time of the accident can strongly indicate negligence.
Gathering Evidence
Victims or their legal representatives can subpoena the at-fault driver’s cellphone records to confirm whether they were texting or using a device improperly. Additionally, witness statements, dashcam footage, and police reports often play a crucial role in proving distracted driving
Comparative Fault in Indiana
Indiana operates under a comparative fault system, meaning a driver can recover damages even if they were partially at fault for the accident, as long as their fault does not exceed 50%. However, if a victim is also found to be texting while driving, their compensation could be reduced proportionally to their level of fault.
Steps to Take if You’re Involved in an Accident
If you suspect that texting while driving caused your car accident, it’s important to take the following steps to protect your rights:
- Call the Police
A police report is essential for documenting the accident and any suspected distracted driving behaviors. - Gather Evidence
Take photos of the accident scene, vehicle damage, and any visible injuries. If possible, collect witness contact information. - Seek Medical Attention
Even if your injuries seem minor, consult a healthcare professional. Medical records are crucial for personal injury claims. - Consult a Car Accident Lawyer
An experienced car accident lawyer from Indiana can help subpoena cell phone records, gather evidence, and navigate the legal complexities of your case.
The Broader Impact of the No-Texting Law
The no-texting law has contributed to raising awareness about distracted driving in Indiana. While statistics show a decline in texting-related accidents over the years, enforcement challenges remain.
According to a report by the Indiana Criminal Justice Institute (ICJI), over 18,000 crashes in 2021 were attributed to driver inattention, which includes smartphone usage. This highlights the ongoing need for education and stricter enforcement.
Real-World Implications for Accident Victims
Victims of car accidents caused by distracted drivers often face mounting medical bills, lost wages, and emotional distress. Indiana’s no-texting law offers victims a pathway to seek justice and financial compensation. Here’s how:
Filing a Personal Injury Claim
Victims can file a personal injury claim against the at-fault driver’s insurance company to recover damages. If texting while driving is proven, it strengthens the victim’s case by demonstrating clear negligence.
Punitive Damages
In cases where the driver’s actions are deemed reckless, such as texting during high-speed driving or in hazardous conditions, victims may also pursue punitive damages. These are designed to punish egregious behavior and deter others from similar actions.
Preventative Measures: Reducing Distracted Driving
Indiana’s no-texting law is only part of the solution. Road safety advocates emphasize the importance of education and technology in reducing distracted driving incidents. For instance, apps like DriveMode and AT&T Drive protect drivers by disabling texting features while the vehicle is in motion.
Furthermore, Indiana’s law enforcement agencies regularly run awareness campaigns, such as the “Eyes on the Road” initiative, to remind drivers of the dangers of texting and driving. These efforts aim to reduce the number of distracted driving accidents, which accounted for nearly 10% of all crashes statewide in 2023.
Final Thoughts
Indiana’s no-texting law serves as a powerful tool in addressing distracted driving and its devastating consequences. By establishing clear legal boundaries, the law not only enhances road safety but also provides a solid foundation for determining liability in car accident cases. For victims, proving that the at-fault driver was texting while driving can significantly bolster their claims for compensation.
