In Indianapolis and across Indiana, distracted driving is more than just a momentary lapse in attention—it’s a serious issue that causes thousands of collisions each year. For those involved, the aftermath can be physically, emotionally, and financially overwhelming. At Blackburn Romey, we help clients navigate the complex process of pursuing distracted driving accident claims and hold negligent drivers accountable under Indiana law.
According to the Centers for Disease Control and Prevention (CDC), anything that takes your attention away from driving is a distraction, and distracted driving increases the risk of a crash. It is also completely preventable because drivers should avoid multitasking behind the wheel. Distractions can be categorized into three types: visual, manual, and cognitive. Whether it’s checking a GPS, texting, or eating behind the wheel, each moment of inattention increases the risk of an accident.
The most alarming type of distraction is texting because it combines all three categories—visual, manual, and cognitive. Reading or sending a text takes your eyes off the road for five seconds or more. At 55 mph, that’s like driving the length of a football field blindfolded. The danger this creates for surrounding drivers, passengers, and pedestrians is staggering.
Drivers may lose focus in ways that seem harmless at first but can lead to devastating consequences. The most common forms of distraction include:
Each of these behaviors can take a driver’s eyes off the road, hands off the wheel, or mind off driving, and sometimes all three.
Distractions aren’t always obvious either. Daydreaming, road rage, or focusing too intently on billboards can cause a driver to miss stop signs or red lights. It doesn’t have to be a phone in hand—any lapse in judgment can turn into a catastrophic accident.
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Indiana has taken legal steps to address distracted driving, especially concerning the use of electronic devices behind the wheel. These laws aim to reduce the number of preventable accidents and encourage safer driving habits.
Lawmakers have observed an increase in technology-related crashes and responded with increasingly strict penalties. While enforcement continues to evolve, the core message remains: your attention belongs on the road, not on a screen.
In July 2020, Indiana enacted a law that prohibits drivers from holding or using a mobile device while operating a moving vehicle, unless using hands-free or voice-operated technology. According to Indiana Code § 9-21-8-59, holding or using a cellphone in-hand while the vehicle is in motion is not allowed, except to call 911 during an emergency. Violating the law can result in fines, and points may be assessed on the driver’s license.
The law is clear: using handheld devices while driving is not only risky but illegal in Indiana. The intent is to reduce distractions and promote responsible driving behavior.
When a distracted driver causes a car accident, the legal consequences can be severe. In addition to traffic citations, the at-fault party may be held financially responsible for:
A driver found to be distracted at the time of a crash can be deemed negligent, which significantly strengthens the injured party’s claim. In some cases, gross negligence may even open the door to punitive damages.
If you’ve been involved in a crash and suspect the other driver was distracted, the steps you take immediately afterward can shape your legal claim. Here’s what we suggest:
Many people delay medical treatment after an accident, assuming minor symptoms will fade. But some injuries take hours or even days to appear. Getting checked out immediately creates a medical record, which supports your claim and helps ensure you receive the care you need.
Proving that the other driver was distracted isn’t always simple. It requires gathering concrete evidence that shows their attention was elsewhere at the time of the crash.
Phone records, traffic camera footage, and witness statements can all support a claim. In some situations, it’s possible to subpoena phone data to verify if a text was sent or a call was active during the collision. Additionally, nearby businesses or homes may have video recordings that captured the incident.
Witnesses often play a key role, especially if they observed the driver engaging in a distracting behavior like eating or texting.
Victims of distracted driving accidents may be eligible for several types of compensation. These include:
The amount of compensation depends on the details of your case, such as the severity of injuries, impact on daily life, and evidence of the other driver’s negligence. Having strong documentation and legal support makes a huge difference when pursuing full compensation.
Recovering from a crash caused by a distracted driver is never easy. Between the physical pain, financial stress, and unanswered questions, it’s easy to feel lost. That’s where we come in.
Our legal team at Blackburn Romey works directly with clients in Indiana to build powerful distracted driving accident claims that highlight the facts, protect their rights, and pursue the compensation they deserve. We examine the evidence, uncover what happened, and take action against careless drivers. Contact us today at (260) 422-4400.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
