Injured by a Distracted Driver? What You Need to Know in Indiana

When another driver chooses to text, talk on the phone, or engage in other distracting behaviors while driving, they put everyone on the road at risk. Even looking away at a text for a split second can lead to a tragic accident.

Injured in a car crash due to a distracted driver? You don’t need to face the legal process on your own. Our trusted law firm is ready to help you understand your legal options.

At Pfeifer, Morgan & Stesiak, we help victims injured by negligence of others every day, something we have been doing for many years. When you need legal help after a car crash, you want a firm with experience like ours, and you want a lawyer that will work tirelessly to recover the compensation you need and deserve. Call our experienced South Bend car crash lawyers today. We will listen to your story, answer your questions and explain your legal options.

Call Pfeifer, Morgan & Stesiak today for a FREE consultation: (574) 444-0741.

How Do I Know if the Driver Who Hit Me Was Distracted?

Distracted drivers are difficult to detect after a car accident. However, these warning signs and evidence may help prove their attention was not focused on driving.

Immediate Signs

Try to remember what you saw right before the crash, including what their vehicle is doing. Here are some things that often indicate a driver is not paying full attention to the road:

• Picking up and looking at their phone
• Looking into the back seat
• Vehicle drifting or veering from their lane
• They hit you without trying to brake

Key signs you may observe right after the crash might include their phone, empty food wrappers, spilled drinks, or make-up on the seat.  A passenger in the vehicle might be angry with them for being careless and call them out on it at the crash scene. If the driver did not try to brake before the crash, there won’t be any tire marks in the road.

Electronic Records

Cellphone records offer some of the strongest evidence of distracted driving. If the driver was using their mobile at the time of the crash, phone records can confirm whether they were texting, calling, or using apps. To access these records, you will likely need a subpoena or court order, which is why we recommend consulting with an attorney right away.

Witness and Video Evidence

Other people at the scene may be able to provide vital testimony. Bystanders, passengers, or other drivers may have seen the distracted driver looking down, swerving, or doing something other than focusing on the road.

When available, video footage from dashcams, traffic cameras, or security systems provide hard-to-dispute proof of distracted behavior. To use this footage, your attorney will need to preserve the evidence. Footage from surveillance cameras gets overwritten in days to weeks if there is no court order to preserve the evidence.

What Are Common Causes of Distracted Driving in Indiana?

Distracted driving takes many forms in Indiana. If you are a victim of a car crash caused by a negligent driver, these common causes may have contributed to your accident.

• Cellphones: Smartphone usage remains the leading cause of distracted driving in Indiana. Cell phone use is dangerous because it activates all three types of distractions (cognitive, visual, and manual).
• Eating and Drinking: Eating while driving could cause you to drive erratically or to lose focus. Lack of concentration on the road may lead you to run a red light or stop sign.
• Passenger Interactions: Conversations with passengers represent a significant source of cognitive distraction, especially for younger drivers or parents driving with children.
• Entertainment System: Modern vehicles come equipped with increasingly complex infotainment systems that can distract drivers if they are changing a playlist or sending a text.
• Personal Grooming and Multitasking: Some drivers may use their commute time to handle personal tasks like shaving or applying their makeup.

What Types of Crashes Are Caused by Distracted Driving in South Bend?

Distracted driving in South Bend is a leading cause of several types of devastating crashes, each with unique characteristics and injury patterns. Victims may be in the following types of accidents:

Rear-End

Rear-end collisions represent the most common type of crash caused by distracted drivers. These crashes typically occur when distracted drivers fail to notice that traffic has slowed or stopped ahead of them.

T-Bone

Side-impact or T-bone collisions frequently result from distracted driving at South Bend intersections. A side-impact or T-Bone collision occurs when one vehicle hits another perpendicularly.

This type of accident typically occurs when a driver runs a red light or stop sign. Additionally, failing to yield is common when a driver is distracted and not paying attention.

Head-On

Head-on crashes represent some of the most devastating accidents caused by distracted driving in South Bend. A head-on collision can occur when a distracted driver crosses the centerline of the road and hits an oncoming vehicle. Distracted drivers who are not focused on the road could accidentally drift across the center stripe into oncoming traffic.

Sideswipe

Distracted drivers often drift between lanes, causing sideswipe collisions with vehicles traveling in adjacent lanes. A distracted driver could wander from their lane into an adjacent lane, causing a sideswipe collision with nearby vehicles.

Single Vehicle

Distracted driving also leads to single-vehicle accidents where drivers lose control and hit fixed objects, run off the road, or roll over. These crashes can occur when distracted drivers drift off roadways, fail to navigate curves, or strike guardrails, trees, or other roadside hazards.

Evidence That Can Help to Prove the At-Fault Driver Was Distracted

When building a case against a distracted driver, multiple types of evidence work together to create a compelling picture of negligence. Each piece of evidence serves a specific purpose in proving that the at-fault driver was not paying attention to the road when they caused your accident.

Police Reports

If the responding police officer suspects distracted driving, they may include their observations in the crash report. This might be a phone in the driver’s lap, open food containers, or signs of inattentiveness.

Officers may issue a citation for distracted driving, which creates a legal document of negligence. The citation itself becomes evidence that the driver violated traffic laws, strengthening your civil case for damages.

Surveillance Camera Footage

Video evidence provides objective, real-time documentation of the driver’s behavior before and during the accident. Video from traffic cameras, security systems, or dashcams can be compelling because it shows precisely what happened without relying on human memory or interpretation.

Business security cameras, traffic light cameras, and intersection monitoring systems often capture accidents and the moments leading up to them. This footage can show a driver looking down repeatedly, making erratic steering movements, or failing to brake appropriately in response to traffic conditions.

Vehicle Data Recorders

Modern vehicles are equipped with event data recorders (EDRs) that capture detailed information about the vehicle’s operation before and during a crash. This data can reveal patterns consistent with distracted driving, such as sudden braking without any gradual deceleration or erratic steering inputs.

EDR data reveals vehicle speed, brake application, steering angle, throttle position, and seatbelt usage in the moments leading up to impact. A distracted driver typically exhibits a pattern of maintaining a constant speed, followed by sudden, hard braking when they finally notice the hazard ahead.

Social Media Posts

Social media activity can provide powerful evidence of distracted driving, especially when posts are timestamped close to the accident time. Drivers who post photos, update their status, or engage with social media while driving create a digital trail that proves their attention was diverted from the road.

Compensation You May Be Able to Seek in a Distracted Driver Crash Claim

When a distracted driver causes your accident in Indiana, the compensation available often reflects the preventable nature of these crashes and the severe injuries they commonly cause. Distracted drivers typically fail to brake or avoid a collision. These accidents frequently result in maximum impact force and more serious damage.

These types of compensation could be related to distracted driving claims.

Medical Expenses

Distracted driving crashes often require extensive emergency care, surgery, and ongoing treatment. Sending or reading a text takes your eyes off the road for 5 seconds, which could lead to a severe impact in a car crash.

Drivers may strike at full speed, causing serious injuries that require trauma care for head injuries, spinal damage, and internal bleeding. Your claim may include all current and future medical costs, rehabilitation, prescription medications, and medical equipment.

Lost Wages and Earning Capacity

The sudden, high-impact nature of these crashes often prevents victims from returning to work immediately. Compensation covers missed work time, lost overtime and bonuses, plus reduced future earning capacity if your injuries prevent you from performing your previous job functions.

Property Damage

Distracted driving accidents often result in total vehicle loss because drivers fail to brake before striking. A head-on collision can cause extensive damage to a vehicle, especially if both vehicles are traveling at high speeds. This includes vehicle repair or replacement costs, rental car expenses, and the cost of damaged personal belongings.

Pain and Suffering

The preventable nature of distracted driving accidents intensifies emotional trauma. Some car crash victims may feel angry or sad knowing their injuries were caused by someone who was texting while driving. This can create a lasting psychological effect beyond physical pain, leading to compensation for:

• Chronic pain
• PTSD
• Anxiety
• Depression

Punitive Damages

Indiana allows punitive damages for particularly reckless behavior. If the driver gets a ticket for distracted driving in Indiana, they are considered negligent. This damage becomes more likely when drivers are texting while speeding, watching videos, or showing a pattern of distracted driving behavior.

Indiana Laws That May Strengthen Your Distracted Driving Crash Claim

In 2020, Indiana became the 22nd state to pass a law prohibiting drivers from holding a smartphone or similar device while driving. Under Indiana Code 9-21-8-59, any driver caught holding a phone, tablet, or comparable device while operating a vehicle violates state law. This means an at-fault driver can be cited for activities such as texting, emailing, checking social media, or using the device in any way while driving.

If an at-fault driver receives a citation for violating Indiana’s distracted driving statute, they are automatically considered negligent. The burden then shifts to the at-fault driver to prove they did not cause the accident. A citation may be used as evidence that the driver’s actions directly contributed to your injuries.

Warning Signs a Driver Near You Is Distracted at the Wheel

Drivers who recognize the warning signs of a distracted driver can take defensive action to avoid a crash.

Watch for drivers whose heads are tilted downward repeatedly or who have the telltale glow of a phone screen reflecting on their face. Other clear signs include drivers talking animatedly to themselves, eating, or reaching for items while driving.

Call Pfeifer, Morgan & Stesiak if a Distracted Driver Caused Your Injuries and Damages

Injuries sustained by a distracted driver could be one of the most frustrating experiences you can face because these accidents are preventable. When someone chooses to be distracted by their phone or any other device, they put your safety and the safety of others on the road at risk.

At Pfeifer, Morgan & Stesiak, we are aware of the challenges that you may face after you have sustained injuries and damage from a car crash. Our firm operates on a contingency fee basis, which means there are no upfront costs or out-of-pocket fees to pay.

Learn more about your legal options today: (574) 444-0741.