Indiana Texting While Driving
Accident Lawyers
Proven Results | Free Consultation
When a distracted driver with a phone in hand causes a collision, Indiana law is on your side. Emerson Divorce and Accident Injury Attorneys are personal injury attorneys who fight to prove the driver's hands-free law violation and recover every dollar you deserve — from medical bills and lost wages to pain, suffering, and punitive damages.
Essential Guide to Indiana Texting While Driving Accident Claims
If you were injured by a driver who was texting or holding a phone while driving in Indiana, you have two years from the date of the accident to file a personal injury claim under IC 34-11-2-4. Indiana's Hands-Free Law (IC 9-21-8-59), effective July 1, 2020, makes it illegal to hold or use any telecommunications device while operating a moving vehicle — meaning the driver who hit you likely violated both a traffic law and their duty of care. That violation is powerful evidence of negligence in your civil claim.
At Emerson Divorce and Accident Injury Attorneys, you'll never reach a call center or third-party screener. When you call, you'll speak directly with Katie or Penny — our personal paralegals — or with JR or Jill themselves. We handle texting accident cases across Hamilton County, Marion County, and all of central Indiana on a contingency fee basis: no upfront cost, and no fee unless we win.
Get your free texting accident case review → | (317) 969-8000
5 Things to Know About Indiana Texting While Driving Claims
- Indiana's Hands-Free Law is on your side. IC 9-21-8-59 makes it a Class C infraction to hold or use a phone while driving. A citation or admission by the driver is powerful evidence of negligence.
- Cell phone records can prove the crash. Our attorneys can subpoena the at-fault driver's phone records — call logs, text timestamps, app activity — to establish they were using their device at the moment of impact.
- Punitive damages may apply. Courts can award punitive damages for reckless or grossly negligent conduct under IC 34-51-4, and consciously choosing to text while driving frequently qualifies.
- You must act within two years. Indiana's statute of limitations under IC 34-11-2-4 gives you two years from the accident date to file suit. Waiting can destroy your ability to recover — phone records are especially time-sensitive.
- Insurance companies will minimize your claim. Adjusters are trained to undervalue distracted driving injuries. An experienced Hamilton County personal injury attorney levels that playing field and fights for full compensation.
On This Page
Indiana Texting While Driving Accident Lawyers Fighting for Victims Statewide
Every day across Indiana, drivers choose to pick up their phones instead of keeping their eyes on the road — and the consequences can be catastrophic. At Emerson Divorce and Accident Injury Attorneys, JR Emerson and Jill Bracken-Emerson have spent a combined 45-plus years fighting for injury victims against negligent drivers and the insurance companies that protect them.
JR and Jill are not a call center or a referral factory. Our Carmel office sits right in the heart of Hamilton County — the community we live in, work in, and whose courts we know inside and out. When you call us, you speak to a real person who knows your case. We handle texting and distracted driving accident claims from initial investigation through resolution, whether that means an insurance settlement or a Hamilton County courtroom.
Indiana's 2020 Hands-Free Law made it easier than ever to establish that a driver who hit you was breaking the law. But proving that violation, preserving cell phone evidence, and calculating the full value of your injuries still requires legal expertise. We handle every step so you can focus on healing.
We serve injury victims in Carmel, Fishers, Westfield, Noblesville, Zionsville, Indianapolis, and throughout Hamilton County and central Indiana.
Where Your Claim Will Be Filed
Most texting while driving accident lawsuits in Hamilton County are filed in the Hamilton County Superior Court or Hamilton County Circuit Court, both located at the Hamilton County Courthouse in Noblesville. JR Emerson and Jill Bracken-Emerson have practiced before Hamilton County's judges for over 20 years, giving our clients a genuine home-court advantage that large Indianapolis firms simply cannot match.
Hamilton County Courts
Hamilton County Courthouse
1 Hamilton County Square, Noblesville, IN 46060
Phone: (317) 776-9600
Cases involving accidents in Carmel, Fishers, Westfield, Noblesville, and Zionsville are typically filed here. Marion County cases are filed in Marion Superior Court in Indianapolis.
A Message from Your Indiana Texting Accident Attorneys
If you were hit by a driver who was on their phone, watch this before you talk to any insurance company. It could save your claim.
No pressure, no obligation — just two attorneys who care about doing this the right way.
Why Hamilton County Injury Victims Choose Emerson Divorce and Accident Injury Attorneys
We Subpoena Phone Records — Fast
Cell phone data is the most powerful evidence in a texting accident case — and it disappears quickly. We immediately move to preserve and subpoena call logs, text timestamps, and app activity records that prove the driver was on their phone the moment they hit you.
Real Attorneys Answer the Phone
When you call Emerson Divorce and Accident Injury Attorneys, you reach Katie or Penny — our dedicated personal paralegals — or JR or Jill themselves. Never a call center, never a screener, never an intake service. Your case gets personal attention from day one.
20+ Years in Hamilton County Courts
JR and Jill have appeared before Hamilton County's judges for over two decades. That familiarity with local procedures, local juries, and local defense tactics gives our clients a strategic edge that out-of-town firms cannot replicate.
No Fee Unless We Win
We take every texting accident case on a contingency fee basis. You pay nothing upfront and owe us nothing unless we recover compensation for you. There is no financial risk in calling us for a free consultation.
Why Indiana Texting While Driving Cases Are Different
Indiana's hands-free law, high-traffic corridors, and unique evidence rules create distinct challenges — and opportunities — for accident victims.
The Hands-Free Law Creates a Direct Negligence Per Se Argument
Indiana's Hands-Free Law (IC 9-21-8-59), effective July 1, 2020, prohibits any driver from holding or using a telecommunications device while operating a moving vehicle. If the driver who hit you violated this law, you have a strong negligence per se argument — meaning the legal violation itself establishes that the driver breached their duty of care. You don't have to prove they were being careless; you prove they broke a safety law designed to prevent exactly this type of injury. In 2024 alone, Indiana law enforcement issued 18,887 citations for hands-free violations, a figure that reflects both how common the offense is and how seriously courts take it.
US 31 Through Carmel and Hamilton County Is One of Indiana's Most Dangerous Texting Corridors
US 31 is the primary north-south artery through Hamilton County, running through Westfield, Carmel, and into Indianapolis. The stretch from 96th Street through 146th Street is a high-speed commercial corridor with heavy signal density, frequent lane changes, and daily stop-and-go congestion — exactly the conditions where distracted drivers fail to react in time. Rear-end crashes caused by phones at US 31 intersections, particularly at 116th Street, 126th Street, and 136th Street in Carmel, are among the most frequently reported distracted driving collisions in the county.
SR 37 / Future I-69 Through Fishers Sees High Volumes of Phone-Related Crashes
The SR 37 corridor through Fishers — now being rebuilt as full interstate I-69 — carries tens of thousands of vehicles daily between Hamilton County and the northern Indianapolis metro. High-speed merges, construction zone transitions, and heavy commuter traffic create dangerous conditions even without distraction. Distracted drivers on SR 37 near 116th Street, Allisonville Road, and the 96th Street interchange are a recurring source of serious accidents. The combination of high speed and phone use is especially deadly because reaction time — already impaired by distraction — cannot compensate for the reduced stopping distance at highway speeds.
126th Street / Keystone Parkway: Carmel's Busiest Intersection for Distracted Driving Incidents
The Keystone Parkway corridor from 96th Street north through Carmel is one of Hamilton County's highest-volume arterials. The area around 126th Street and Keystone sees significant commercial and residential traffic converging, with merging movements that demand full driver attention. A driver glancing at a phone through this corridor may drift across lanes or fail to yield at cross-traffic movements — crashes that frequently result in T-bone collisions and serious occupant injuries.
[ Image: Hamilton County high-risk texting driving corridors — add at /images/hamilton-county-distracted-driving-corridors.jpg ]
Phone Records Must Be Preserved Before They Are Deleted
Indiana law does not automatically preserve a driver's phone records after a crash. Cell carriers typically retain detailed call and text logs for 12 to 18 months before they are overwritten or purged. App activity data — which can show a driver was scrolling social media at the moment of impact — may be retained for even shorter periods. This is why it is critical to contact an attorney as soon as possible after a texting accident. We immediately send a preservation demand letter to the at-fault driver and their carrier, and file for subpoenas if necessary. Waiting months to seek legal help could mean the most powerful evidence of distraction is permanently gone.
Types of Texting While Driving Accidents We Handle
Rear-End Collisions
Rear-end crashes are the most common result of texting while driving. A driver looking down at their phone fails to notice slowing or stopped traffic ahead and hits the vehicle in front at full speed. These crashes frequently cause whiplash, herniated discs, concussions, and traumatic brain injuries. Indiana's car accident attorneys at Emerson Divorce and Accident Injury Attorneys handle rear-end texting cases across Hamilton County.
Intersection & Red-Light Crashes
A driver distracted by a phone at a signalized intersection may run through a red light or fail to yield on a left turn, causing devastating broadside (T-bone) collisions. Intersection texting crashes at Carmel's roundabouts, Fishers' SR 37 interchanges, and Noblesville's busy surface street grid have produced some of Hamilton County's most serious injury cases. See our intersection accident page for more information.
Lane Departure & Sideswipe Accidents
Research shows that texting drivers spend approximately 10% of their driving time out of their lane. A driver drifting into adjacent lanes on US 31, SR 37, or I-465 may sideswipe vehicles alongside them, or veer off-road entirely into guardrails, ditches, or pedestrian areas. Lane departure texting accidents at highway speeds can cause rollovers and catastrophic injuries.
Head-On Collisions
A driver who drifts across the center line while texting may cause a head-on crash — one of the most lethal accident types on Indiana's two-lane county roads and rural highways. Head-on texting accidents frequently result in catastrophic injuries including traumatic brain injuries, spinal cord damage, internal organ injuries, and fatalities. When these crashes kill a victim, surviving family members may have a wrongful death claim.
Pedestrian & Bicycle Strikes
Pedestrians and cyclists are uniquely vulnerable to distracted drivers who fail to notice them at crosswalks, trail crossings, and bike lanes. Hamilton County's expanding trail network — including the Monon Trail in Carmel — puts cyclists and runners in the path of drivers who look down at phones at trail crossings. These crashes frequently cause catastrophic injuries due to the complete lack of protection for the vulnerable road user.
Fatal Texting While Driving Accidents
When a texting driver causes a death, the victim's surviving family members may bring a wrongful death lawsuit under IC 34-23-1-1. Indiana's wrongful death law allows recovery for medical expenses, funeral costs, lost income, and loss of companionship. Courts may also award punitive damages for the particularly egregious nature of distracted driving that results in death. Jill Bracken-Emerson has secured $1,500,000 in a wrongful death case and brings that experience to every fatal accident claim.
How We Handle Your Indiana Texting Accident Case
Free Initial Consultation
We listen to your story, review your facts, and explain your legal options. There is no cost and no obligation. If you were hit by a driver on their phone, we'll tell you honestly what your case is worth and what we can do to help.
Evidence Preservation & Phone Record Subpoena
Immediately upon retention, we send a legal hold notice to the at-fault driver and their carrier, and take steps to subpoena cell phone records, call logs, text timestamps, and app activity data before it can be destroyed. We also collect police reports, surveillance footage, witness statements, and photos from the scene.
Medical Treatment Coordination
We help connect you with qualified physicians and specialists and make sure your treatment is properly documented for your claim. Gaps in medical care are used by insurance companies to argue your injuries aren't serious — we help prevent that from happening.
Demand Package Preparation
Once you reach maximum medical improvement, we prepare a comprehensive demand package documenting the driver's hands-free law violation, liability, the full extent of your injuries, and all economic and non-economic losses. For egregious texting cases, this package will also include a punitive damages analysis.
Insurance Negotiations
We negotiate aggressively with the at-fault driver's insurance carrier, pushing for the maximum settlement value of your claim. We know the tactics adjusters use to minimize distracted driving injuries and we counter them with evidence at every step.
Filing a Lawsuit (If Necessary)
If the insurer won't offer fair compensation, we file suit in Hamilton County Superior Court or the appropriate venue and pursue your claim through litigation. The presence of a clear statutory violation — the Hands-Free Law — strengthens your position considerably at this stage.
Discovery, Depositions & Trial Preparation
We take depositions of the at-fault driver, request all documents including their phone records, and build a trial-ready case. The possibility of punitive damages in a texting case creates real financial pressure on the defense to settle fairly rather than risk a jury verdict.
Resolution
Whether by settlement or jury verdict, we fight for the maximum recovery for your injuries and losses. Jill Bracken-Emerson has tried over seven medical malpractice jury trials and secured over $1.5 million in a wrongful death case — she brings that trial readiness to every texting accident claim.
What Compensation Can You Recover After a Texting Accident in Indiana?
Indiana law allows injury victims to recover two broad categories of damages in a distracted driving accident case. Texting accidents are also one of the few categories of personal injury cases where punitive damages are frequently argued, because consciously choosing to text while driving can constitute the "willful and wanton conduct" required under IC 34-51-4.
Economic Damages (Your Actual Financial Losses)
Medical Expenses
Emergency room, surgery, hospitalization, physical therapy, chiropractic care, prescription medications, and all future medical costs associated with your injuries.
Lost Wages & Earning Capacity
Income lost during recovery, and if your injuries permanently reduce your ability to earn a living, the full value of that diminished earning capacity over your remaining work life.
Property Damage
Repair or replacement cost of your vehicle, and any personal property damaged in the crash such as electronics, clothing, or mobility equipment.
Non-Economic Damages (Your Human Losses)
Pain & Suffering
Physical pain and emotional distress caused by your injuries — both past and future. These damages can far exceed your economic losses in serious injury cases.
Loss of Enjoyment of Life
If your injuries prevent you from participating in hobbies, physical activities, or relationships you valued before the crash, those losses are compensable under Indiana law.
Punitive Damages
When a driver's conduct is willful or reckless — and choosing to text while driving frequently meets that standard — Indiana courts can award punitive damages up to the greater of 3× compensatory damages or $50,000 under IC 34-51-4.
Was a Texting Driver Responsible for Your Crash?
Phone evidence disappears. Call us today before it's gone — free consultation, no fee unless we win.
Common Injuries in Texting While Driving Accidents
Texting while driving accidents are not minor fender-benders. Because the distracted driver typically fails to brake at all before impact, these crashes deliver full-force collisions. The injuries are often severe, permanent, and life-altering.
Traumatic Brain Injuries
Concussions, subdural hematomas, and diffuse axonal injuries are common in high-force texting crashes. TBIs can affect memory, cognition, mood, and the ability to work — sometimes permanently. See our brain injury page for more information.
Spinal Cord & Neck Injuries
Whiplash, herniated discs, and cervical fractures are extremely common in rear-end texting crashes. Severe spinal cord injuries can cause partial or complete paralysis. See our spinal cord injury and whiplash pages.
Broken Bones & Fractures
Wrist, arm, rib, pelvis, and leg fractures frequently result from the violent forces of a texting accident impact. Multiple fractures requiring surgery are common when a vehicle is struck at highway speed. See our broken bones page.
Internal Injuries
High-impact texting crashes can cause internal bleeding, organ damage, and aortic injuries that may not be immediately apparent but can be life-threatening. See our internal injury page.
Soft Tissue Injuries
Muscle tears, ligament sprains, and tendon injuries may not appear on imaging but can cause chronic pain and limit function for months or years after a texting crash. Insurance companies frequently minimize soft tissue claims — don't let them.
Burn Injuries & Scarring
If a texting accident causes a vehicle fire, fuel spill, or airbag deployment with chemical exposure, burn injuries and permanent scarring may result. These injuries often require multiple surgeries and long-term scar management. See our burn injury page.
Indiana Law: What Governs Your Texting Accident Claim
IC 9-21-8-59 — Indiana Hands-Free Law (2020)
Indiana's Hands-Free Law, effective July 1, 2020, prohibits any driver from holding or using a telecommunications device (including a smartphone or tablet) while operating a moving motor vehicle. Exceptions exist only for calling 911 in a genuine emergency and for hands-free or voice-operated technology. Drivers under 21 cannot use any device at all, even hands-free. Violations are Class C infractions with fines up to $500 and 4 points assessed to the driving record. In 2024, Indiana law enforcement issued 18,887 citations for violations of this law. A violation of IC 9-21-8-59 can establish negligence per se in a civil injury claim.
IC 34-51-2 — Indiana Comparative Fault Rule
Indiana follows modified comparative fault. You can still recover damages even if you were partly at fault for the accident — as long as your fault does not exceed 50%. Your recovery is reduced proportionally by your percentage of fault. For example, if you were 10% at fault and your damages are $100,000, you recover $90,000. Insurance companies frequently attempt to assign fault to victims in texting cases to reduce payouts — our attorneys fight every such attempt.
IC 34-11-2-4 — Indiana Statute of Limitations
Personal injury claims arising from a texting while driving accident in Indiana must be filed within two years of the date of the accident. Missing this deadline permanently bars your right to recover, regardless of how serious your injuries are. Wrongful death claims have similar deadlines. Cell phone records, surveillance footage, and witness memories also degrade with time — do not wait to consult an attorney.
IC 34-51-4 — Punitive Damages Cap
Indiana allows punitive damages when a defendant's conduct is willful, wanton, or grossly negligent. Texting while driving — a conscious choice to pick up a phone despite knowing the danger — can qualify. Punitive damages are capped at the greater of 3× compensatory damages or $50,000. In fatal texting cases, courts have found the conduct especially appropriate for punitive awards.
IC 34-51-3 — Collateral Source Rule
Indiana's collateral source rule bars the defendant from reducing your damages by any amounts you received from other sources, such as your own health insurance or disability payments. The at-fault driver owes you the full value of your losses — not a reduced amount because your own insurer already paid some bills.
Indiana's Hands-Free Law Is Your Evidence. Let Us Use It.
A driver who violated IC 9-21-8-59 may owe you full compensation. Call Emerson Divorce and Accident Injury Attorneys now for a free case review.
What to Do After a Texting While Driving Accident in Indiana
Immediately After the Crash
- Call 911 and get a police report filed. Tell the officer if you saw the other driver on their phone.
- Seek emergency medical attention, even if you feel fine — some serious injuries (TBI, internal bleeding, spinal damage) have delayed symptoms.
- Photograph the scene, vehicle damage, your injuries, skid marks, and any traffic cameras or dashcams visible at the location.
- Get the name, license plate, insurance information, and phone number of all drivers involved.
- Collect names and phone numbers of any witnesses who saw the crash or the other driver on their phone.
In the Days and Weeks After the Crash
- Contact Emerson Divorce and Accident Injury Attorneys as soon as possible — every day that passes makes it harder to preserve phone evidence.
- Do NOT give a recorded statement to any insurance company without speaking to an attorney first — adjusters use these to minimize claims.
- Follow all medical advice and keep every appointment — gaps in treatment are used by insurers to argue your injuries aren't serious.
- Keep a journal documenting your pain levels, limitations, and how your injuries are affecting your daily life.
- Do not accept any settlement offer without consulting an attorney — the first offer is almost always far below the full value of your claim.
Hamilton County Court Guide for Texting Accident Cases
Hamilton County Superior Court
Address: 1 Hamilton County Square, Noblesville, IN 46060
Phone: (317) 776-9600
Most personal injury lawsuits arising from accidents in Carmel, Fishers, Noblesville, Westfield, and Zionsville are filed in Hamilton County Superior Court. The court has multiple divisions handling civil cases.
Directions from Carmel (approx. 15 minutes): Take US 31 North to SR 32 East into Noblesville. Turn right on 10th Street. The courthouse is on the right at the Hamilton County Government Campus.
Marion County Superior Court
Address: City-County Building, 200 E Washington St, Indianapolis, IN 46204
Phone: (317) 327-4740
Accidents that occurred within Indianapolis or Marion County are typically filed in Marion Superior Court. Emerson Divorce and Accident Injury Attorneys represents clients in both Hamilton and Marion County proceedings.
How Long Does a Texting Accident Case Take in Indiana?
Clear liability (police report notes phone use, driver admits distraction), mild-to-moderate injuries with defined treatment, straightforward insurance negotiation resulting in pre-litigation settlement.
Serious injuries requiring extended treatment before maximum medical improvement is reached. Phone records must be subpoenaed. Insurance disputes require additional negotiation and potential demand package revision.
Catastrophic injuries (TBI, spinal cord), disputed liability, multiple defendants, or cases requiring expert witnesses, accident reconstruction, and formal litigation in Hamilton County Superior Court.
Cases that proceed to jury trial in Hamilton County, including wrongful death and catastrophic injury cases involving punitive damages where the defendant refuses to negotiate in good faith.
Proven Results for Indiana Injury Victims
$1,500,000
Medical Malpractice Wrongful Death
Children of deceased mother received $1,500,000 after hospital's medical malpractice killed their mother. We proved the hospital failed to properly monitor vitals and respond to clear warning signs.
$1,250,000
Fatal Truck Accident
Spouse of deceased wife received $1,250,000 after commercial truck ran stop light and killed her. We proved the trucking company's negligent hiring and training practices.
$300,000
Transport Van Accident
Disabled woman being transported received $300,000 after driver of transport van negligently wrecked the van severely injuring the woman.
$205,000
I-69 Multi-Vehicle Accident
Driver hit truck negligently stopped in traffic on I-69 causing several broken bones requiring multiple surgeries.
$180,000
Unlicensed Truck Driver
Unlicensed driver in large truck turned into victim's car causing multiple leg fractures requiring multiple surgeries.
$130,000
Carmel Bicycle Accident
Carmel bicycle rider struck by driver causing brain injury. We proved the driver failed to yield right-of-way.
Past results do not guarantee future outcomes. Every case is unique and results depend on specific facts and circumstances.
What Our Indiana Injury Clients Say
★★★★★
"Emerson Divorce and Accident Injury Attorneys was very professional in handling my injury case. Their team did a great job communicating with me, keeping me updated throughout the case, and being available whenever I had questions or needed guidance. I would strongly recommend Emerson Divorce and Accident Injury Attorneys for any injury case."Jesse Jones — February 2026
★★★★★
"This firm is amazing. Jill and Katie worked so closely with me. They helped me understand every part of the legal process they were helping me through. They were compassionate. They knew the case I brought to them was tough and they both worked so hard. They communicated with me regularly and were very quick to respond to any questions I had. Thank you for all your hard work."Shannon Poole — February 2024
Related Practice Areas
Frequently Asked Questions — Indiana Texting While Driving Accidents
Is texting while driving illegal in Indiana?
Yes. Indiana's Hands-Free Law (IC 9-21-8-59), effective July 1, 2020, prohibits any driver from holding or using a telecommunications device while operating a moving motor vehicle. The prior 2011 law only banned typing or reading texts, but the 2020 law covers all handheld use — calling, scrolling, app use, and texting. Violations are Class C infractions with fines up to $500 and 4 demerit points added to the driver's record. Drivers under 21 face an even stricter standard and cannot use a phone even in hands-free mode.
How do I prove the other driver was texting when they hit me?
Proving a driver was texting requires gathering phone records, which an attorney can obtain through a legal subpoena. Cell carrier records show call logs, text message timestamps, and data usage at any given moment. App activity data (such as social media or navigation usage) may also be available. Additional evidence includes the police report (if the officer noted phone use), witness statements from people who observed the driver on their phone before the crash, and dashcam or surveillance footage. Acting quickly is critical because phone records may be deleted after 12 to 18 months and carrier retention policies vary.
How long do I have to file a texting while driving accident claim in Indiana?
Indiana's statute of limitations for personal injury claims is two years from the date of the accident, under IC 34-11-2-4. If you miss this deadline, you permanently lose the right to sue regardless of how severe your injuries are. Wrongful death claims generally must also be filed within two years. Do not wait to consult an attorney — evidence preservation is especially urgent in texting cases.
Can I get punitive damages if a texting driver hit me?
Possibly. Indiana allows punitive damages under IC 34-51-4 when a defendant's conduct is willful, wanton, or grossly negligent. Courts have found that consciously choosing to text while driving can meet this threshold because the driver knows the risk and proceeds anyway. Punitive damages are capped at the greater of 3× compensatory damages or $50,000. In fatal texting accidents, punitive damages are argued more frequently and juries have shown willingness to award them. An experienced Indiana personal injury attorney can assess whether punitive damages are appropriate in your specific case.
What if the police report doesn't mention the other driver was texting?
A police report that doesn't mention phone use doesn't close your claim. Police officers cannot access a driver's phone without consent or a warrant under IC 9-21-8-59(d), so an officer at the scene often cannot confirm texting even if it occurred. Your attorney can subpoena the driver's cell phone records independently to establish phone use at the time of the crash. Witness testimony, dashcam footage, and the driver's own statements can also establish distraction independent of what the police report says. Many successful texting accident claims are built on evidence gathered after the fact rather than police reports.
What is negligence per se in a texting accident case?
Negligence per se is a legal doctrine that applies when a defendant's violation of a statute designed to protect the public establishes that they were negligent as a matter of law — without needing to separately prove they were acting carelessly. When a driver violates IC 9-21-8-59 and causes an accident, their violation of the Hands-Free Law may constitute negligence per se because that law was specifically enacted to prevent distracted driving injuries. This shifts part of the burden of proof in your favor and strengthens your claim significantly.
What damages can I recover after a texting while driving accident in Indiana?
You may recover both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages, reduced earning capacity, and property damage. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and — in wrongful death cases — loss of companionship. If the driver's conduct was reckless or willful, you may also seek punitive damages under IC 34-51-4. The full value of a texting accident case depends on the severity of your injuries, your long-term prognosis, and the insurance coverage available.
What if I was partly at fault for the accident?
Indiana follows modified comparative fault under IC 34-51-2. You can still recover damages as long as your percentage of fault does not exceed 50%. Your recovery is reduced proportionally — so if you were 20% at fault and your damages total $100,000, you receive $80,000. Insurance companies frequently attempt to assign blame to accident victims to reduce what they owe. An experienced Indiana car accident attorney can dispute improper fault assignments and protect the full value of your claim. See our car accident attorney page for more on Indiana's fault rules.
Can my employer be liable if an employee was texting while driving for work?
Yes, in many cases. Under the legal doctrine of respondeat superior, an employer can be held vicariously liable for an employee's negligence if the employee was acting within the scope of their employment when the accident occurred. If the driver was on a work call, making a business delivery, or otherwise performing job duties when they were texting and crashed, their employer may be a defendant in your lawsuit — often with much deeper insurance coverage than an individual driver. Commercial vehicle operators and delivery companies have been successfully sued in Indiana on this basis.
How much is my Indiana texting accident case worth?
The value of a texting accident case depends on the severity and permanence of your injuries, the amount of your medical bills, whether you missed work, and the long-term effect on your quality of life. Texting accident cases often carry higher value than equivalent non-distracted crashes because the statutory violation supports a punitive damages argument. Minor injury cases may settle in the range of $10,000 to $50,000; serious cases with permanent injuries can be worth $100,000 to $500,000 or more; and fatal or catastrophic cases can exceed $1 million. There is no substitute for a free consultation with an experienced Indiana personal injury attorney to evaluate your specific situation.
Should I talk to the insurance company after a texting accident?
Do not give a recorded statement to any insurance company — yours or the at-fault driver's — without first consulting an attorney. Insurance adjusters are trained to ask questions in ways that minimize your injuries and your claim. Even well-meaning, honest answers can be used against you. You are entitled to time to consult with legal counsel before making any statement. Call Emerson Divorce and Accident Injury Attorneys first and let us advise you on exactly what to say and what not to say before any contact with adjusters.
What is Indiana's Hands-Free Law and how does it help my accident claim?
Indiana's Hands-Free Law (IC 9-21-8-59) prohibits drivers from holding or using any telecommunications device while operating a moving motor vehicle, effective July 1, 2020. The law replaced the narrower 2011 texting ban that was widely criticized as unenforceable. The 2020 law creates a clear, broad prohibition that strengthens civil injury claims in two ways: first, it establishes a specific statutory duty that the driver violated; and second, that violation can support a negligence per se argument that simplifies proving liability in your personal injury case.
Where do I file a texting while driving lawsuit in Hamilton County?
Texting accident lawsuits in Hamilton County are filed in the Hamilton County Superior Court or Circuit Court, both located at 1 Hamilton County Square in Noblesville, Indiana. Emerson Divorce and Accident Injury Attorneys's attorneys have practiced before Hamilton County's judges for over 20 years and are deeply familiar with local procedures, local juries, and the specific courthouse culture that affects how these cases are tried and settled.
Can I sue a teenager who was texting while driving?
Yes. A minor driver can be sued for negligence in Indiana, and their parents may also be financially responsible depending on the circumstances. Indiana's graduated licensing laws prohibit drivers under 21 from using any telecommunications device — even hands-free — while driving, creating an even stronger negligence argument against a young distracted driver. In practice, the available recovery in such cases depends largely on the teen driver's insurance coverage and whether their parents' homeowners or umbrella policies provide additional coverage.
How much does a texting accident lawyer cost in Indiana?
Emerson Divorce and Accident Injury Attorneys handles all personal injury cases — including texting while driving accidents — on a contingency fee basis. This means there is no upfront cost to you, and we only collect a fee if we successfully recover compensation on your behalf. Our fee is a percentage of the recovery, agreed upon before we begin. If we don't win, you owe us nothing for our time. This arrangement allows every injury victim to access experienced legal representation regardless of their financial situation. Call (317) 969-8000 for a free consultation.
What should I do if the texting driver was uninsured?
If the at-fault driver was uninsured or underinsured, you may still be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you carry it on your own auto policy. Indiana requires insurance carriers to offer UM/UIM coverage, though drivers can waive it in writing. Indiana's requirements are governed by IC 27-7-5. If you have UM/UIM coverage, Emerson Divorce and Accident Injury Attorneys can help you bring a claim against your own insurer for the damages you cannot recover from the at-fault driver directly. See our hit and run accident page for more on uninsured motorist claims.
Hamilton County Neighborhoods & Communities We Serve
Our attorneys represent texting accident victims throughout Hamilton County and central Indiana, including residents of these Carmel neighborhoods and communities:
We also serve accident victims in all Hamilton County cities and beyond: