Despite Indiana passing a Hands-Free Law in 2020 to crack down on texting while driving accidents, these incidents continue to be an issue. Since 2020, reports say that over 14,000 citations have been issued for drivers who were using their phones. 

Additional data shows that crashes and fatalities involving distracted drivers also increased during that same period. In 2021, there were 863 crashes and 932 fatalities. In 2022, there were 887 crashes and 952 fatalities. 

As a result, Indiana is trying to develop a plan to help further educate drivers on the dangers of texting while driving. 

If you or a loved one were injured in an Indianapolis texting and driving accident, our team at Poynter & Bucheri can help. The aftermath of a texting while driving accident can be devastating — we’re here to assist you. Let us help you navigate your claim so you can focus on healing from your injuries and moving on with your life. 

What are the Distracted Driving Accident Laws in Indiana?

Distracted driving is a major issue across the country. As such, most states have developed laws on distracted driving to help reduce these incidents. Though texting and driving is one of the biggest issues today, it is not the only thing that contributes to distracted driving. 

In Indiana, distracted driving is considered any activity that diverts a driver’s attention away from the road and their driving. If a person causes an accident while distracted, they can be held liable. 

The law uses the following three examples to help drivers understand what is considered a distraction:

1. Cognitive distractions: Any activity while driving that takes your mind off the road.
2. Manual distractions: Any activity while driving that takes your hands off the wheel.
3. Visual distractions: Any activity while driving that takes your eyes off the road. 

Specific examples of these can include:

• Texting and driving
• Eating or drinking while driving
• Grooming in the mirror
• Adjusting the radio or viewing a music app on your phone
• Talking to passengers
• Attending to kids or pets in the car

Is Texting and Driving Illegal in Indiana?

It is illegal to text and drive in Indiana. In 2020, the state enacted a Hands-Free Law that prohibits drivers from holding a mobile device in their hands while driving. This means you can be cited for any activity while holding your phone while driving, such as texting, emailing, or checking social media. 

However, you are permitted to use hands-free features on your phone, such as Bluetooth, to make a call. But if you are under the age of 21, it is illegal to use your phone for any reason while driving. 

The exception to this rule is if you have an emergency. If you are experiencing an emergency, the law does allow drivers to use their phones to make a 911 call. 

Texting While Driving Accident Statistics

Texting while driving is incredibly dangerous. 14% of all fatal car accidents involve the use of a cell phone while driving. 

Additional data on texting and driving include the following:

• Using a cell phone while driving causes 1.6 million accidents each year.
• Cell phone usage reduces a driver’s attention by as much as 37%.
• 42% of high school students admit that they text and email while driving.
• Drivers who text and drive are 23 times more likely to be in an accident.
• More than 3,000 teenagers die each year as a result of texting and driving. 

What Are the Penalties for Texting and Driving Accidents in Indiana?

If you are cited for texting while driving, you could be charged with a Class C infraction and face fines of up to $500. However, if you cause an accident while texting and driving that results in the injury or death of another person, the penalties are much more severe. You could face longer jail time and a higher fine. If you kill someone, you could face a reckless homicide charge for vehicular manslaughter. 

What to Do If You’ve Been in a Text and Drive Accident

If you’ve been injured in a texting-while-driving accident, the steps you take following the accident play an important role in your case. If you intend to file a claim against the at-fault driver to recover compensation, you will need evidence to back up your claim. And the steps you take can help you obtain that evidence. 

1. The first thing you need to do is call 911. If anyone was injured, you should also request emergency medical assistance.
2. While waiting for the police, collect the contact information from the other drivers involved in the accident, including their names, driver’s license numbers, and their insurance information. 
3. You should also take photos or videos of the accident for evidence, if possible. This includes photos of the scene as a whole, shots of the damage and your injuries, and anything else that seems relevant.
4. If any witnesses saw the accident, gather their contact info as well so they can be called upon to give a statement if needed. 
5. Keep copies of all medical documents related to your injuries after the accident. You should also document your injuries, such as your symptoms and how much they are affecting your daily life. 
6. Talk to an attorney. Consult a lawyer before speaking with the other party’s insurance. A lawyer can guide you through the legal process, help you gather evidence, and handle communications with the other parties involved to ensure you win your case and are fairly compensated. 

Consult With an Indianapolis Personal Injury Attorney 

At Poynter & Bucheri Accident Recovery, we understand how devastating the result of a texting while driving accident can be and are dedicated to helping our clients get the settlement they deserve to help pay for their damages. 
Don’t hesitate — one of our experienced attorneys can assist you right away. Call 1-800-265-9881 for a free case review.