The dangers of texting while driving have become common knowledge, yet many drivers continue to engage in the perilous practice. Despite various new laws enacted to increase education about the problem and step up prevention efforts, you might still find yourself struck by a car whose driver was focused on their phone.
Be sure to contact a Chesterton texting while driving car accident lawyer as soon as possible after an accident involving someone on their phone. A skilled attorney will work to protect your rights and help you pursue recovery for your injuries and property damage.
When a driver is texting, their eyes are not on the road, at least one hand is off the steering wheel, and they are not mentally focused on driving. All these actions lessen the driver’s ability to react quickly to sudden changes on the road. If someone is texting on their phone, they can be more prone to a rear-end accident because of their slow reaction to a stop.
In many states, it is now unlawful to use a cell phone at all while driving, with the exception of using a hands-free device or calling 9-1-1. In 2011, the Indiana State Legislature made it illegal to read, type, or transmit text messages or e-mail while driving, with violations imposing a fine of $500.
However, the potential consequences of texting while driving can be a lot more severe than a fine. Severe and permanent injuries for both drivers involved can result from accidents caused by cell phone use, changing lives forever.
Consider these critical facts provided by the Indiana Department of Labor:
If the plaintiff in a texting while driving case can show that the driver who hit them was driving while texting, they may be able to recover from their injuries. This can be of critical importance, especially since they may be facing long-term and serious injuries that could require surgeries, physical therapy, medications, and other necessities—all of which can be extremely expensive.
A challenge unique to texting while driving cases in Indiana is that the law itself—does not mention other activities besides texting and emailing, such as using social media. The texting definition can be found at Indiana Code IC 9-21-8-0.5.
Enforcement is difficult because Indiana General Assembly House Bill 1129 specifically prohibits police from confiscating communication devices, which could be important for evidence.
A Chesterton texting while driving car accident attorney could bring skillful experience to the complicated task of determining liability in a distracted driving case.
A texting while driving car accident lawyer could challenge assertions made by other involved parties if the driver who caused the crash denies they violated the law. In addition, insurance negotiations sometimes come up with lowball offers that a skilled attorney may be able to turn around into a fair settlement.
In Indiana, you have two years to file a personal injury lawsuit in a driving while texting car accident, as specified in Indiana Code §34-11-2-4. While you may want to put off legal matters to tend to your recovery, it is often best to call a skilled lawyer as soon as possible to guide you in navigating the complexities of this type of accident.
Protect your rights now and contact a Chesterton texting while driving lawyer today.