Distracted Driving Accidents in Indiana: Your Legal Rights and Options 

When a distracted driver injures you, the clock starts ticking immediately: on your medical recovery, on critical evidence that can disappear within days, and on your legal right to seek compensation under Indiana law. Knowing what your rights are — before you speak to an insurance company and before you agree to or sign anything — could make all the difference in the outcome of your case.

What Is Distracted Driving?

Distracted driving is any activity that takes a driver’s attention away from operating their vehicle safely. Most people think of texting and driving — but distraction happens on many levels.

The National Highway Traffic Safety Administration (NHTSA) divides distraction into three categories. The most dangerous distracted driving behaviors involve all three at once.

The three types of distracted driving include:

Visual Distraction

This is when a driver physically looks away from the road. Visual distractions include these common examples and more:

• Glancing – even briefly — at your cellphone
• Checking out a billboard
• Gaping at accident on the road shoulder
• Interacting with another passenger — including kids — such as in the backseat
• Reviewing your GPS screen
• Looking at yourself in the rearview mirror

Manual Distraction

Occurs when a driver takes their hands off the wheel. Reaching for a drink, adjusting the radio, or typing on a phone all qualify as manual distractions.

Cognitive Distraction

When a driver’s mind is no longer focused on driving — even if their eyes are on the road, and their hands are on the wheel. Talking on a handsfree device, daydreaming, or having a mentally intense conversation with a passenger can all create cognitive distraction.

Texting while driving is considered one of the most dangerous behaviors on the road because it combines all three types of distraction simultaneously. At 55 miles per hour, taking your eyes off the road for just five seconds — the average time it takes to read a single text message — is the equivalent of driving the full length of a football field completely blindfolded.

What Are Some Common Distracted Driving Behaviors?

Distracted driving extends far more than texting — or even just talking — on your cellphone. Some of the most common types of distracted driving behaviors include:

• Eating or drinking
• Applying makeup, doing hair or shaving
• Reaching into the backseat or trying to reach items on the floor
• Interacting with other passengers
• Managing children or teens in the back or front seat
• Using a smartphone to text
• Scrolling browsing, or making calls without a hands-free device
• Adjusting GPS, navigation systems or music
• Taking selfies or videos
• Allowing thoughts to drift from the task of driving

Any of these behaviors can make a driver legally responsible if their inattention causes a crash and injures someone else.

What Distracted Driving Laws Apply in Indiana?

Indiana has taken meaningful steps to address distracted driving, though the problem remains serious statewide.

Indiana’s Hands-Free Driving Law

In 2020, Indiana passed a law prohibiting drivers from holding or using a mobile device — including smartphones and tablets — while operating a vehicle. Violating Indiana’s hands-free law is a Class C infraction. Penalties include a fine of up to $500 and points added to the driver’s license record.

Indiana law allows for primary enforcement, meaning an officer can pull a driver over solely for holding a mobile device — no other traffic violation is required.

What the law prohibits while driving:

• Holding a phone or tablet in your hand
• Texting, emailing, browsing, or using any app that requires manual interaction
• Streaming audio through the device without voice or hands-free integration

What the Law Means for Your Injury Claim

If the driver who injured you was violating Indiana’s handsfree law at the time of the crash, that violation is powerful evidence of negligence. Under a legal principle called negligence per se, violating a safety statute designed to protect the public can establish that the driver was negligent as a matter of law. This can significantly strengthen your claim.

Even if the driver was not violating a specific statute, any form of distraction that caused them to fail to drive with reasonable care can still form the basis of a legal claim.

How Distracted Driving Crashes Happen — And Who Is Responsible

Distracted driving crashes are not accidents in the truest sense of the word. They are preventable. They happen because a driver made a choice — to look at a screen, to reach for something, to let their attention drift — and that choice had devastating consequences for someone else.

In most distracted driving injury cases, the distracted driver bears primary legal responsibility for the crash. However, depending on the circumstances, other parties may also be liable.

Other parties who may be liable include:

• Employers: If the driver was using their phone for work purposes at the time of the crash — answering emails, responding to a supervisor, checking work apps — their employer may share responsibility under a legal doctrine called respondeat superior, which holds employers responsible for negligent acts committed by employees during the course of their work.
• Trucking Companies: Commercial truck drivers are subject to both federal and state regulations. If a trucking company pressured drivers to stay in contact while on the road, or failed to enforce distraction policies, they may bear liability beyond the driver alone.

Identifying every responsible party is one of the most important and often overlooked aspects of a distracted driving case. At Pfeifer, Morgan & Stesiak, our experienced car accident lawyers in South Bend conduct thorough investigations to make sure no responsible party is missed.

Proving a Distracted Driver Was at Fault

In any personal injury case, the injured party must prove that the other driver was negligent and that negligence caused their injuries. In distracted driving cases, proving distraction can be challenging — particularly when the atfault driver denies being on their phone or claims they were simply not paying attention.

That is why evidence is everything.

Key Evidence in Distracted Driving Cases

• Cellphone Records: With proper legal process, an attorney can subpoena a driver’s cell phone records to determine whether they were sending messages, making calls, browsing the internet, or using apps at the time of the crash.
• Cell Tower/Carrier Data: In some cases, data from the driver’s wireless carrier can pinpoint exactly when and where their phone was in use.
• Electronic Data Recorder (EDR) — “Black Box” Data: Many modern vehicles record data in the moments before a crash, including speed, braking, steering input, and more. This data can reveal whether the driver failed to brake or take evasive action — consistent with distraction.
• Dashcam and Surveillance Footage: Cameras mounted in vehicles, at traffic signals, in parking lots, and on nearby businesses can sometimes capture the crash itself or the driver’s behavior in the seconds leading up to it.
• Eyewitness Testimony: Passengers, pedestrians, and other drivers who witnessed the crash or saw the driver using a phone before impact can provide powerful testimony.
• The Police Report: Officers who respond to crashes are trained to look for signs of distraction. A police report noting that a driver was observed with a phone in hand, or that a driver admitted to looking at a device, can carry significant weight.
• Social Media Activity: Posts, comments, and timestamps from a driver’s social media accounts can sometimes reveal whether they were actively using their phone at the time of the crash.

Gathering and preserving this evidence takes time, legal authority, and experience. The sooner you contact an attorney, the better your chances of securing the evidence before it is lost, overwritten, or destroyed.

What Compensation Can You Seek After a Distracted Driving Crash?

When a distracted driver injures you, the financial and personal consequences can be significant and longlasting. Indiana law allows injured victims to seek compensation — called damages — for a wide range of losses.

Economic Damages

Economic damages represent the concrete, calculable financial losses you have suffered as a result of the crash. These include:

• Medical Expenses: You should consistently track all medical costs to include in your claim: emergency care, hospitalization, surgery, physical therapy, prescription medications, medical equipment, and any follow-up treatment related to your injuries
• Future Medical Costs: If your injuries require ongoing treatment, additional surgeries, or longterm care, those anticipated future costs can be included in your claim
• Lost Wages: Income you were unable to earn while recovering from your injuries
• Loss of Future Earning Capacity: If your injuries have permanently affected your ability to work at the same capacity as before the crash, you may be entitled to compensation for that reduced earning potential
• Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash

Non-Economic Damages

Non-economic damages account for the personal, human costs of what you have been through — losses that do not appear on a bill but are nonetheless very real.

• Pain and Suffering: The physical pain caused by your injuries, both at the time of the crash and during your recovery.
• Emotional Distress: Anxiety, depression, posttraumatic stress, and other psychological effects that can follow a serious crash.
• Loss of Enjoyment of Life: If your injuries have prevented you from participating in activities, hobbies, or relationships that were important to you before the crash.
• Loss of Consortium: The impact your injuries have had on your relationship with your spouse or partner.

Punitive Damages

In cases involving especially reckless behavior — for example, a driver who was texting at high speed in a school zone, or one who had a documented history of distracted driving violations — Indiana courts may award punitive damages. These are not meant to compensate you for a specific loss, but to punish the at-fault party and deter similar conduct in the future.

Every case is different. The value of your claim depends on the nature and severity of your injuries, the strength of the evidence, the extent of your losses, and other factors specific to your situation. Pfeifer, Morgan & Stesiak offers free, no-obligation case evaluations so you can understand what your case may be worth without any upfront cost or commitment.

Call (574) 444-0741. today to speak with our South Bend legal team.

Indiana’s Comparative Fault Rule — What It Means for You

Indiana follows a modified comparative fault rule. This means that if you are found partially at fault for the crash, you may still be entitled to recover compensation as long as your share of fault is less than 51 percent.

Be aware that your total compensation will be reduced in proportion to your percentage of fault. For example, if a jury determines that you were 20 percent at fault and awards $100,000 in damages, you would receive $80,000.

Insurance companies are well aware of Indiana’s comparative fault rule, and they frequently attempt to use it against injured victims — arguing that you were speeding, not paying attention, or somehow contributed to the crash — in order to reduce what they have to pay.

Having an experienced attorney on your side from the beginning of your case is one of the most effective ways to protect yourself against these tactics.

What to Do After a Distracted Driving Crash in Indiana

The steps you take in the hours and days following a crash can have a meaningful impact on your ability to recover full compensation.

• Call 911: Even if the crash seems minor, always call law enforcement. Responding officers document the crash scene, take photos and take statements from drivers involved and witnesses. Your police report carries an official record of what happened. It may also include observations about the at-fault driver’s behavior.
• Seek Medical Attention Immediately: Some injuries — including concussions, internal bleeding, and soft tissue damage — do not produce immediate symptoms. A medical evaluation creates a record connecting your injuries to the crash, which is critical for your claim.
• Avoid Recorded Statements: Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Insurance adjusters are trained to ask questions in ways that can minimize your claim.
• Contact an Attorney as Early as Possible: Evidence in distracted driving cases — especially phone data and vehicle recorder data — can be lost or destroyed quickly. An attorney can take steps to preserve that evidence before it disappears.
• Be Aware of Indiana’s Statute of Limitations: Under Indiana Code § 341124, you generally have two years from the date of the crash to file a personal injury lawsuit. Missing this deadline can permanently bar you from recovering compensation. Do not wait.

Why Choose Pfeifer, Morgan & Stesiak?

Pfeifer, Morgan & Stesiak has been serving injured Hoosiers and their families for decades. We are not a national call center. We are a South Bend law firm with deep roots in this community. Our firm has a proven track record of standing up for people when they need it most.

When you work with us, you work with attorneys who have extensive knowledge of Indiana law, who understand the tactics insurance companies use, and who genuinely care about the outcome of your case — not just as a legal matter, but as a chapter in your life.

What you can expect when you work with us:

A free case review from the start. No upfront costs — ever. You pay nothing unless we recover compensation for you Direct communication with our legal team throughout your case A thorough investigation that leaves no evidence unexamined Skilled negotiation with insurance companies — and the willingness to go to trial when necessary

We know that reaching out after a crash takes courage. We will make sure it is worth it.

Call for a FREE case review at Pfeifer, Morgan & Stesiak (574) 444-0741.

Frequently Asked Questions About Distracted Driving Accidents in Indiana

Q: Can I sue a driver who was texting and caused my accident in Indiana?

A: Yes. If a driver was texting or otherwise using a handheld device in violation of Indiana’s handsfree driving law, and that distraction caused the crash that injured you, you have the right to pursue a personal injury claim against that driver. Texting while driving is illegal in Indiana and constitutes negligence. An attorney can help you gather the evidence — including the driver’s phone records — needed to support your claim.

Q: How do I prove the other driver was distracted if they deny it?

A: Proving distraction does not always depend on the driver’s admission. Your attorney can pursue cell phone records through subpoena, obtain black box data from the vehicle, review dashcam or surveillance footage, interview eyewitnesses, and examine the police report for documentation of distraction at the scene. Physical evidence — such as no skid marks before impact, suggesting the driver did not brake — can also support a distraction finding.

Q: What if I was partially at fault for the crash?

A: Indiana’s modified comparative fault rule means you may still recover compensation even if you share some responsibility for the crash — as long as your share of fault is found to be less than 51%. Your total compensation would be reduced by your percentage of fault. This is one reason having an attorney is so important: insurance companies routinely try to assign more fault to the injured party than is justified.

Q: How long do I have to file a distracted driving injury claim in Indiana?

A: In most cases, Indiana’s statute of limitations gives you two years from the date of the crash to file a personal injury lawsuit. If you miss this deadline, you may lose your right to seek any compensation at all. However, there are exceptions — for example, if the atfault driver was a government employee, different notice deadlines may apply. Contact an attorney as soon as possible to protect your rights.

Q: What if the distracted driver has little or no insurance?

A: If the atfault driver is uninsured or underinsured, you may be able to pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if you carry it on your own auto insurance policy. Your attorney can review all available insurance sources — including the driver’s employer’s policy if applicable — to identify every avenue for recovery.

Q: What compensation can I recover after a distracted driving accident in Indiana?

A: You may be entitled to compensation for medical bills, future medical costs, lost wages, reduced future earning ability, pain and suffering, emotional distress, loss of enjoyment of life, and property damage. In cases involving especially reckless behavior, punitive damages may also be available. The specific value of your claim depends on the facts of your situation, which is why a case evaluation with an experienced attorney is so important.

Q: Is it worth hiring a lawyer for a distracted driving accident in Indiana?

A: In most cases, yes — especially if you suffered significant injuries. Studies consistently show that injury victims represented by attorneys typically recover more compensation than those who handle claims on their own, even after attorney fees. Insurance companies have experienced adjusters and legal teams working to minimize what they pay. Having an attorney levels the playing field. At Pfeifer, Morgan & Stesiak, you pay nothing unless we win.

Q: What happens during a free case evaluation with Pfeifer, Morgan & Stesiak?

A: During your free case evaluation, a member of our legal team will listen to what happened, ask questions about your injuries and the circumstances of the crash, and give you an honest assessment of your legal options. There is no cost, no pressure, and no obligation. We want you to have the information you need to make the best decision for yourself and your family.

Q: Can I still file a claim if the crash happened months ago?

A: Yes, in most cases — as long as you are still within Indiana’s twoyear statute of limitations. However, the sooner you act, the better. Critical evidence like phone records, surveillance footage, and vehicle data may be lost or destroyed over time. If you are unsure whether you still have a valid claim, contact our office. We can review the timeline and advise you on your options.

Q: What should I do if the insurance company contacts me after a distracted driving accident?

A: Be cautious. Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Insurance adjusters may seem friendly and helpful, but their primary goal is to limit what the company has to pay. Anything you say can be used to reduce or deny your claim. Let Pfeifer, Morgan & Stesiak handle communications with the insurance company on your behalf.

You Deserve Answers. Pfeifer, Morgan & Stesiak Is Here to Help.

Being injured because of another driver’s distraction is a violation — of your safety, your trust, and your sense of what is fair. You did everything right. You were in the right place. And someone else’s careless choice changed everything.

You deserve to know your rights. You deserve honest answers. And if you have a case, you deserve an attorney who will fight for you.

Pfeifer, Morgan & Stesiak offers free,  no-risk consultations. We represent clients on a contingency fee basis, which means you don’t pay us anything up front — you pay nothing unless we recover compensation for you.

Need legal help after a car accident? Call our trusted South Bend law firm today. (574) 444-0741.