Distractions such as cellphones are the cause of many motor vehicle collisions in the United States. In the State of Indiana, texting while driving is illegal. Motorists who cause an accident due to texting could be held liable for any damages and injuries they cause.
If you or a loved one were injured in a car crash caused due to a distracted motorist, you may be entitled to damages under Indiana law. A Hammond texting while driving car accident lawyer could calculate your losses and help you seek compensation. Speak to a skilled car accident attorney to learn about your legal rights and options.
There is no gray area in the Indiana legal code when it comes to texting while driving. Per Indiana Code 9-21-8-59, drivers are forbidden from reading or sending text messages while driving. This law does not apply to voice calls. For example, drivers can make phone calls on hands-free devices. While reporting an emergency to 911, motorists are exempt from the hands-free rule altogether.
I.C. 9-21-8-59 also establishes rules for law enforcement personnel who investigate possible texting while driving cases. Police may not take possession of a driver’s cell phone to determine if the individual was texting while operating the car. Additionally, this law prohibits police from seizing a motorist’s cell phone or downloading content from the phone for evidence. These rules apply to all driving scenarios unless an officer has probable cause that a driver was texting while driving.
Without probable cause, law enforcement will need to obtain a search warrant to seize the phone of a driver. A diligent Hammond texting while driving car accident lawyer could review the facts of the case and determine which party may be responsible for damages.
Often, personal injury lawsuits can become more complicated when multiple parties share responsibility for the damages. The legal code in Indiana states that drivers may be able to recoup damages, even if they contributed to the accident. When the plaintiff is partially responsible for an accident, they are said to have contributory fault. Per I.C. 34-51-2-5, a claimant’s award will be reduced in proportion to their level of fault.
If a driver is determined to be more than 50 percent responsible for the crash, they are ineligible to recover any damages, per I.C. 34-51-2-6.
A seasoned distracted driver accident attorney in Hammond may be able to help a claimant to determine eligibility for damages according to Indiana contributory fault laws.
The statute of limitations refers to the amount of time a plaintiff has to file a personal injury lawsuit. In the State of Indiana, injured individuals have two years from the date of the accident to file their lawsuit or settle out of court.
This limitation applies to property damage and personal injury resulting from an accident. According to I.C. 34-11-2-4, the lawsuit must be filed within two years. It does not, however, need to be finished before the two-year period ends.
A seasoned texting while driving car crash attorney in Hammond could ensure that all claims are filed within the designated time frame.
Texting and driving cases can be complicated. There are several steps that must be followed by law enforcement to establish that a motorist was sending or reading messages at the time of the accident.
Let a Hammond texting while driving car accident lawyer help your case. They could help you understand your legal rights and options. Call today to schedule a consultation.