Aggressive Attorneys Holding Distracted Drivers Accountable for Preventable Crashes

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TL;DR: Indianapolis Distracted Driving Accident Claims

Quick Answer: Can I sue a distracted driver who hit me?

Yes. Distracted driving is negligence. If a driver was texting, using their phone, or otherwise distracted when they hit you, they're liable for your injuries. We can subpoena cell phone records to prove they were on their phone at the time of the crash-powerful evidence that often leads to higher settlements.

• #1 Cause of Crashes: Distracted driving now causes more accidents than drunk driving, contributing to over 3,000 deaths and 400,000 injuries annually nationwide.
• Indiana's Hands-Free Law: Since July 2020, holding a phone while driving is illegal in Indiana (IC § 9-21-8-59). Violation is evidence of negligence.
• Cell Phone Records Prove Fault: We subpoena phone records showing texts, calls, and app usage at the exact time of the crash.
• Higher Settlements: Juries hate distracted drivers. Proving phone use often increases case value significantly.
• No Fee Unless We Win: Free consultation. Call 317-969-8000.

Indianapolis Distracted Driving Accident Lawyer - Holding Negligent Drivers Accountable

You were driving safely, following the rules, when another driver-eyes glued to their phone-slammed into you. They never even hit the brakes. In that moment, their text message or social media scroll became more important than your life.

Distracted driving has become an epidemic on Indianapolis roads. According to NHTSA, distracted driving kills over 3,000 people and injures more than 400,000 annually in the United States. It now rivals drunk driving as the leading cause of preventable crashes. And unlike drunk driving, which typically peaks at night, distracted driving crashes happen all day, every day.

The worst part? These crashes are 100% preventable. Every distracted driving accident represents a choice-a choice to prioritize a phone notification over the safety of everyone on the road. That choice has consequences, and we make sure distracted drivers face them.

At Emerson Divorce and Accident Injury Attorneys, our Indianapolis distracted driving accident lawyers know how to prove a driver was distracted. We subpoena cell phone records, obtain crash scene evidence, and build cases that hold negligent drivers fully accountable.

Headquarters in Carmel with offices in Fishers and Zionsville-serving distracted driving accident victims in Indianapolis, Hamilton County, and throughout Indiana.

Free consultation: 317-969-8000

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Key Topics Covered in This Video:

• ✓ Proving Distraction
  Phone records, witness statements, crash patterns
• ✓ Subpoenaing Phone Records
  How we obtain evidence of phone use
• ✓ Types of Distraction
  Visual, manual, and cognitive distractions
• ✓ When to Call a Lawyer
  Preserving critical evidence quickly

Ready to Discuss Your Distracted Driving Case?

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Read Video Transcript (Click to Expand)

Jill Bracken-Emerson: "Hi, I'm Jill Bracken-Emerson, a distracted driving accident attorney serving Indianapolis and Hamilton County. If you've been hit by a distracted driver anywhere in Central Indiana, this video will explain your legal rights and how we prove the other driver wasn't paying attention."

[Add your actual video transcript here]

Note: This transcript is provided for accessibility and SEO purposes. For the complete visual presentation, please watch the video above.

What To Do After Being Hit by a Distracted Driver

At the Scene - Preserve Evidence of Distraction

1. Call 911: Request police. Tell the officer you believe the other driver was on their phone.
2. Look for the phone: Note if the driver is still holding their phone, if it's in their lap, or if they're trying to hide it.
3. Listen for admissions: Distracted drivers often say things like "I didn't see you" or "I was just checking my GPS." These admissions matter.
4. Find witnesses: Other drivers or pedestrians may have seen the driver looking down at their phone before impact.
5. Check for dashcam footage: Your dashcam or a witness's may have captured the driver looking at their phone.
6. Photograph the scene: Include the driver's phone if visible, vehicle positions, damage, and any skid marks (or lack thereof-distracted drivers often don't brake).
7. Note the crash dynamics: Did they fail to brake? Did they drift into your lane? These patterns suggest distraction.

After the Scene

8. Seek medical attention: Document all injuries from the crash.
9. Don't delay contacting an attorney: Cell phone records can be overwritten or deleted. We need to send a preservation letter quickly.
10. Don't give recorded statements: Let your attorney handle communications with the other driver's insurance.
11. Document everything: Write down what you observed about the driver's behavior immediately while it's fresh.

Types of Distracted Driving

Safety experts identify three categories of distraction:

Visual Distraction (Eyes Off Road)

• Looking at a cell phone
• Reading texts or emails
• Checking GPS or navigation
• Looking at passengers
• Rubbernecking at other accidents
• Looking at roadside distractions

Manual Distraction (Hands Off Wheel)

• Holding a cell phone
• Typing texts or searching contacts
• Eating or drinking
• Adjusting radio, climate, or other controls
• Reaching for objects in the vehicle
• Personal grooming

Cognitive Distraction (Mind Off Driving)

• Talking on phone (even hands-free)
• Engaging conversations with passengers
• Daydreaming or being lost in thought
• Emotional distress (arguing, crying, anger)
• Focusing on work problems

Why Texting Is the Most Dangerous

Texting while driving combines all three types of distraction simultaneously. At 55 mph, looking at a phone for just 5 seconds means traveling the length of a football field completely blind.

Common Distracted Driving Behaviors

• Cell phone use: Texting, calling, social media, email, apps
• GPS/Navigation: Programming destinations while driving
• Infotainment systems: Touchscreens requiring visual attention
• Eating and drinking: Drive-through meals consumed while driving
• Passengers: Especially children requiring attention
• Pets: Unrestrained animals in the vehicle
• Personal grooming: Makeup, shaving, hair styling

Proving the Driver Was Distracted

Our Advantage: Many attorneys don't know how to prove distraction. We do. Cell phone records, crash dynamics, and witness testimony can definitively establish the other driver was on their phone-dramatically strengthening your case.

Cell Phone Records

The most powerful evidence in distracted driving cases:

• Call logs: Shows if the driver was on a call at the time of impact
• Text message timestamps: Proves texts were sent/received at crash time
• Data usage records: Shows app activity, internet browsing, social media
• GPS/location data: Can show phone was actively being used for navigation

We send preservation letters immediately and subpoena these records during litigation.

Crash Scene Evidence

• No skid marks: Distracted drivers often don't brake before impact-they never saw the danger
• Lane drift patterns: Gradual drift suggests inattention rather than intentional maneuver
• Impact severity: Full-speed impact without braking indicates driver wasn't watching
• Point of impact: Striking the rear of a stopped vehicle suggests complete inattention

Witness Testimony

• Other drivers who saw the at-fault driver looking down
• Passengers in either vehicle
• Pedestrians who observed the crash
• The at-fault driver's own admissions ("I didn't see you")

Electronic Evidence

• Dashcam footage: May show driver looking at phone through windshield
• Traffic cameras: Can capture driver behavior before crash
• Vehicle "black box": Shows speed, braking (or lack thereof) before impact
• Phone forensics: Detailed analysis of phone activity

Police Investigation

• Officer observations at scene
• Driver statements in police report
• Citations for distracted driving violations

Indiana's Distracted Driving Laws

Indiana Hands-Free Law (IC § 9-21-8-59)

Since July 1, 2020, Indiana law prohibits:

• Holding a cell phone or other communication device while driving
• Using hands to type, transmit, or read messages
• Using hands to access the internet, email, or apps
• Watching videos on handheld devices

Penalties for Violation

• First offense: Up to $500 fine
• Subsequent offenses: Higher fines, potential license points
• If causing injury: Enhanced penalties possible

Exceptions

• Calling 911 in emergencies
• Using voice-activated or hands-free features
• Using GPS when not holding the device
• Emergency responders on duty

Negligence Per Se

If the at-fault driver violated Indiana's hands-free law, they are negligent "per se"-the law violation itself establishes negligence. We don't have to prove they were being careless; breaking the law is enough.

Civil Liability Statutes

• Statute of Limitations (IC § 34-11-2-4): 2 years to file a lawsuit
• Comparative Fault (IC § 34-51-2-6): You can recover if less than 51% at fault

Common Injuries from Distracted Driving Accidents

Because distracted drivers often fail to brake before impact, these crashes frequently occur at full speed, causing severe injuries:

Head and Brain Injuries

• Traumatic brain injury (TBI): High-speed impacts cause serious brain damage
• Concussion: Even "mild" TBI has lasting effects
• Facial injuries: Airbag and impact trauma

Neck and Spine Injuries

• Whiplash: Extremely common in rear-end distracted driving crashes
• Spinal cord injury: Paralysis from severe impacts
• Herniated discs: From violent collision forces
• Cervical injuries: Neck damage from high-speed impacts
• Back injuries: Throughout the spine

Other Serious Injuries

• Fractures: Multiple broken bones from high-speed crashes
• Internal injuries: Organ damage from blunt trauma
• Shoulder injuries: Seatbelt and impact trauma
• Knee injuries: Dashboard impact
• Soft tissue injuries: Sprains, strains, contusions

Compensation Available in Indianapolis Distracted Driving Cases

Economic Damages

• Medical expenses: Emergency care, surgery, hospitalization, rehabilitation
• Future medical care: Ongoing treatment for lasting injuries
• Lost wages: Time missed from work during recovery
• Lost earning capacity: If injuries affect long-term ability to work
• Property damage: Vehicle repair or replacement

Non-Economic Damages

• Pain and suffering: Physical pain from injuries
• Emotional distress: PTSD, anxiety, depression
• Loss of enjoyment: Activities you can no longer pursue
• Loss of consortium: Impact on relationships

Why Distracted Driving Cases Often Settle Higher

Juries have little sympathy for distracted drivers. When we can prove the at-fault driver was on their phone:

• Insurance companies know juries will punish distracted driving
• The negligence is clear, undeniable, and outrageous
• Defendants want to avoid the public exposure of trial
• Settlement values increase significantly

Typical Case Values

• Minor injuries (full recovery): $15,000-$50,000
• Moderate injuries with treatment: $50,000-$150,000
• Serious injuries requiring surgery: $150,000-$400,000
• Traumatic brain injury: $500,000-$3,000,000+
• Spinal cord injury: $1,000,000-$5,000,000+
• Wrongful death: $1,000,000-$5,000,000+

When Employers Are Liable

If the distracted driver was working at the time of the crash, their employer may also be liable:

• Delivery drivers: Amazon, FedEx, UPS, food delivery
• Sales representatives: Driving between client meetings
• Truck drivers: Commercial vehicle operators
• Service technicians: Traveling to job sites
• Any employee driving for work: During work hours or work-related travel

Employer liability often means access to larger commercial insurance policies-$1 million or more.

Related Accident Types

• Texting and Driving Accidents
• Rear-End Accidents
• Intersection Accidents
• Head-On Collisions
• Sideswipe Accidents

Frequently Asked Questions

Related Practice Areas

Car Accidents
Truck Accidents
Wrongful Death
Types of Injuries

Hit by a Distracted Driver? We'll Prove It and Make Them Pay

We know how to subpoena cell phone records and prove the other driver was on their phone. Don't let them get away with it.

Call 317-969-8000
Free Case Review

No fee unless we win. Headquarters in Carmel serving Indianapolis, Hamilton County & all of Indiana.