Distracted driving causes more crashes each year, and it’s often innocent drivers who suffer. Whether it’s eating, drinking, playing with a cell phone, or something else, these reckless choices lead to serious motor vehicle accidents with life-altering consequences, making reaching out to distracted driving accident lawyers in Indianapolis necessary.
The risks are even higher in a busy city like Indianapolis, where traffic and constant distractions are the norm. That’s why you need distracted driving accident lawyers who understand local roads and laws.
At Poynter & Bucheri, our experienced personal injury lawyers investigate thoroughly, negotiate with insurance companies, and prove the other driver’s negligence. Our driving attorneys will fight for the medical attention and compensation you deserve—every step of the way. Contact us at 800-265-9881.
What is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the task of driving. This includes taking the driver’s eyes off the road, hands off the wheel, or mind off what’s happening around them. Even a brief moment of inattention can send a vehicle over the center line and injure individuals, including other motorists, pedestrians, or cyclists.
At Poynter & Bucheri, our experienced Indianapolis car accident attorneys know how quickly a crash can change your life. If a negligent driver has hurt you, our accident attorneys will fight to get you maximum compensation.
How Distracted Driving is Classified in Indiana
In Indiana, distracted driving laws are outlined in Indiana Code § 9-21-8-59, which aims to improve road safety by limiting electronic devices behind the wheel.
While this Indiana law focuses on cell phone use, distracted driving can take many forms, generally falling into three categories:
- Visual Distractions: Taking your eyes off the road—like reading a text or adjusting navigation
- Manual Distractions: Taking your hands off the wheel—such as eating or handling a cell phone
- Cognitive Distractions: Taking your mind off driving—like daydreaming or deep conversation
Any form of distraction puts lives at risk. Staying fully focused while driving isn’t just smart—it’s your responsibility.
If you’ve been injured in a car accident caused by someone else’s negligence, you deserve a legal team that will fight for a fair settlement. Contact Poynter & Bucheri to work with top Indianapolis distracted driving lawyers and pursue the compensation you deserve.
What is the Difference Between Distracted and Reckless Driving?
While both distracted and reckless driving put others at serious risk, they differ in both intent and behavior.
Distracted driving occurs when a driver’s attention shifts away from the road, like adjusting the radio or checking a cell phone. The core issue is inattention, even if there’s no intent to cause harm.
Reckless driving, on the other hand, involves a deliberate disregard for safety. This includes excessive speeding, running red lights, tailgating, or weaving through traffic. Reckless drivers know the risks but choose to ignore them.
In short, distracted driving is usually unintentional negligence, while reckless driving reflects intentional misconduct. Both can cause severe accidents and can make a driver legally responsible for damages.
If you’re an accident victim of distracted or reckless driving, contact a car accident attorney at Poynter & Bucheri today for a free case evaluation.
Common Head and Neck Injuries in Distracted Driving Accidents
Motor vehicle accidents can have serious consequences. The head and neck are particularly vulnerable, as the body isn’t built to absorb the impact of a crash. Even with seat belts and airbags, injuries are still common.
Some of the most frequent injuries include:
- Whiplash
- Concussions and Traumatic Brain Injuries (TBIs)
- Skull Fractures
- TMJ Disorders
- Cervical Fractures and Spinal Cord Injuries
- Herniated Discs in the Cervical Spine
- Facial and Dental Injuries
- Lacerations and Deep Cuts
Insurance companies often try to minimize these injuries—especially in serious cases involving truck accidents or pedestrian accidents, where medical costs and long-term care needs tend to be much higher.
If you or a family member has been hurt in a crash caused by a distracted driver, contact an Indianapolis distracted driving accident lawyer at Poynter & Bucheri for a free consultation today.
Why Texting While Driving is So Dangerous
Driving statistics consistently show that texting while driving is one of the most dangerous forms of distraction, as it combines visual, manual, and cognitive distractions all at once. On average, reading or sending a text takes your eyes off the road for five seconds—at 55 mph, that’s like driving the length of a football field with your eyes closed.
Even glancing up between texts or texting at a red light isn’t safe. Your brain still needs time to refocus, and that brief delay can be the difference between avoiding a car crash and causing one.
Safe driving demands your full attention. There’s no room for multitasking behind the wheel.
Indiana Law on Texting While Driving
Indiana’s hands-free law took effect on July 1, 2020, under Indiana Code § 9-21-8-59. This Indianapolis texting law prohibits drivers from holding or operating a mobile device while a vehicle is in motion unless using hands-free or voice-activated technology. The only exception is for calling 911 in an emergency.
Violating the hands-free law is a primary offense, meaning law enforcement can stop and cite a driver solely for using a handheld device. While the law specifically targets texting while driving, other distractions—like eating, grooming, or reaching for something—though not explicitly illegal, may still be considered negligent if they cause a crash.
Understanding and following Indianapolis texting and driving laws is essential for protecting everyone on the road and avoiding serious legal consequences.
Subjective, or Non-Economic Damages in a Distracted Driving Accident
While economic damages like medical bills and lost wages are relatively straightforward to calculate, non-economic damages (also called subjective damages) account for the personal and emotional toll a serious car crash takes on your life. These damages are especially relevant in distracted driving accidents or truck accidents, where injuries can be traumatic and life-altering.
You may be entitled to compensation for:
- Emotional and mental anguish
- Loss of enjoyment of life
- Loss of consortium or companionship
- Disfigurement or permanent scarring:
Calculating these damages can be complex and requires a skilled Indianapolis distracted driving accident lawyer who can conduct a thorough investigation, gather evidence like police reports and medical records, and understand how to navigate a car accident lawsuit. Insurance companies are likely to try to dispute as much of a distracted driving case as they can, which is why having legal representation is necessary.
At Poynter & Bucheri, our Indianapolis car accident lawyers work closely with medical experts, therapists, and your support system to build a strong case that shows how the car accident has impacted every part of your life. We’re committed to pursuing the financial compensation you deserve for both visible injuries and the emotional toll you’ve endured.
Penalties a Distracted Driver May Face
Distracted driving is not only dangerous—it’s illegal in Indiana. At-fault drivers who are not paying attention because they are texting, using a handheld device, or otherwise distracted can face a range of legal actions that may require a trial lawyer.
Traffic Citations & Fines
Under Indiana’s hands-free law, holding or operating a mobile device while driving is illegal unless you’re using voice-activated or hands-free technology. Violating this law can lead to fines of up to $500, points on your driver’s license, and higher insurance premiums.
License Points & Suspension
An Indianapolis distracted driving citation may add points to the driver’s record. Accumulating too many points can lead to license suspension or the need to complete a driver safety program.
Civil Liability
If a distracted driver causes an accident, they may be held financially responsible for the victim’s injuries and related losses. Through a personal injury lawsuit, accident victims can pursue compensation for things like medical expenses, lost income, emotional distress, property damage, and long-term rehabilitation needs.
Criminal Charges
If a car accident causes serious injury or death, the distracted driver may face criminal charges, including reckless driving or, in severe cases, charges related to involuntary manslaughter. These charges can result in jail time, probation, and a permanent criminal record.
If you are the victim of a distracted driver, the other driver deserves the full penalty. Partnering with an experienced accident lawyer gives you the best chance at justice. Poynter & Bucheri has skilled trial lawyers ready to fight for you in court.
Reach Out to an Indiana Lawyer Today
If you or a loved one has been injured in a distracted driving accident in Marion County, don’t wait to get the legal support you need. An experienced car accident lawyer can help you navigate the aftermath, protect your rights, and pursue full compensation for your injuries and medical care. At Poynter & Bucheri, we’re so confident in our ability to win your case that we work on a contingency fee basis, meaning you don’t pay unless we win. Call 800-265-9881, or click here to schedule your free consultation and take the first step toward recovery with one of the top law firms in Indianapolis.