Distracted Driving Accidents in Indiana: Your Legal Rights and Options 

When a distracted driver injures you, the clock starts ticking immediately. Delays can impact your medical recovery, critical evidence — which can disappear within days, and your right to seek compensation in Indiana. Knowing your rights — before you speak to an insurance company, agree to, or sign anything — could make all the difference to 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 Hands-Free Driving Law Means for an Injury Claim

Was the driver who caused your car accident on their cellphone — not hands-free — at the time of impact? If so, under a legal principle called negligence per se, a violation of a safety statute designed to protect the public establishes driver negligence.  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.

Who Can Be At Fault for a Distracted Driving Crash in Indiana?

In most distracted driving car accident cases, the distracted driver bears primary legal responsibility. However, depending on the circumstances, other parties may be at least partially 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, checking work apps — their employer may share responsibility. A legal doctrine called respondeat superior allows plaintiffs to hold employers liable for negligent acts committed by their employees.
• 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 some liability.

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: Other drivers, passengers, and others 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: 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

Noneconomic 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 atfault 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, noobligation case evaluations so you can understand what your case may be worth without any upfront cost or commitment.

Call [firm-contact-number] today to speak with our team.

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

Indiana follows a modified comparative fault rule. This means you can recover compensation — as long as your share of fault is less than 51 percent.

If you are partially liable, your total compensation will be reduced by 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. They frequently attempt to use it against injured victims — arguing that you were not paying attention or somehow contributed to the crash. If they can shift even some of the blame to you, they can 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 insurance company 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. A police report creates an official record of what happened and may include observations about the atfault 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.
• Document the Scene: If you are physically able to do so, take photographs of the vehicles, the road, any visible injuries, and the surrounding area. Note weather and lighting conditions.
• Collect Information: Get the other driver’s name, contact information, driver’s license number, license plate, and insurance information. Get contact information from any witnesses.
• Avoid Recorded Statements: Do not agree to giving a recorded statement before speaking with an attorney. Insurance adjusters are trained to ask you 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 — and a long track record of standing up for people when they need it most.

When you work with us, you work with attorneys who know 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 Pfeifer, Morgan & Stesiak today: [firm-contact-number] Or complete our free online case evaluation form.

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. A driver texting or using a handheld device is in violation of Indiana’s handsfree driving law. If that distraction caused the crash and your injuries, you have the right to pursue a personal injury claim against that driver. An attorney can help you gather the driver’s phone records and other evidence 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 issue a subpoena to get the driver’s cellphone records. Other evidence that can help your case includes black box data from the other vehicle and any available dashcam or surveillance footage. The police report and witness statements provide additional evidence, along with physical evidence at the scene. No skid marks before impact, suggest the driver did not attempt to brake — which is a common sign of driver distraction.

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

A: Yes. Indiana’s modified comparative fault rule means you may still be able to sue if you share responsibility for the crash. As long as your share of fault is less than 41 percent. However any fault assessed against you reduces your total compensation. Having an attorney matters: insurance companies routinely try to shift blame to the plaintiff — often unfairly.

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

A: Indiana’s statute of limitations gives victims 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. There are some exceptions where different deadlines apply — such as cases involving government employees. You should 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 at-fault driver is uninsured or underinsured, you may be able to seek compensation through the uninsured/underinsured motorist (UM/UIM) coverage of your auto insurance policy — if you purchased it. Your attorney can review all available insurance sources to identify every possible 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, and property damage. Other damages you may be able to seek include pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving especially reckless behavior, punitive damages may also be available. The overall value of your claim depends on the unique facts of your situation.

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

A: Yes — in most cases — 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.

Q: What happens during a free case evaluation?

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 two-year statute of limitations. But we don’t recommend waiting to seek legal help. 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. Don’t admit fault or 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. Call Pfeifer, Morgan & Stesiak — we can help you understand your legal options.

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

Injured by a distracted driver? You should not have to pay for medical costs or other damages caused by another driver’s negligence.

You deserve honest answers and an attorney who will protect your rights and work tirelessly on your behalf.

At Pfeifer, Morgan & Stesiak, we are deeply committed to our clients, and no one is just a number. We take each case seriously and seek the maximum possible compensation for your damages.

Not sure if you have a case? We offer a free, no-risk case review to understand your situation and explain your legal options. When we represent you, there are no upfront costs to pay. We take injury cases on contingency, so we only get paid if you do.

Ready to seek legal help? Call our trusted South Bend law firm today. (574) 444-0741.