Distracted Driving

Evansville Distracted Driving Lawyer

Providing Compassionate Legal Guidance to Injured Victims Seeking Financial Compensation After a Motor Vehicle Accident Caused by Distracted Driving Behaviors

There are many causes of motor vehicle accidents, including drowsy driving, running red lights, drunk driving, and other examples. Among the leading causes of serious accidents are distracted driving instances, where a driver’s attention is diverted from the road, and there are responsibilities to avoid harming others. If a motorist ignores the rules of the road and how to operate their vehicle, the results can be catastrophic for themselves, other drivers, and pedestrians. If you or a loved one has suffered serious injuries or worse in an auto accident caused by a distracted driver, you need professional legal representation to help you collect evidence and present a compelling case for financial recovery from the at-fault driver or their insurance company.

Our Indiana law firm has extensive experience representing clients in wrongful death and personal injury claims stemming from car accidents, including those caused by instances of distracted driving. As your attorneys, we will explore all legal options to help you recover compensation for medical expenses, lost wages, lost future earning capacity, property damage, pain and suffering, and other expenses.

The legal process for proving negligence and recovering fair compensation can be complicated, especially when personal injury victims are still recovering from their injuries and other losses. You do not need to shoulder the burden of your car accident case on your own. Schedule your no-obligation consultation with our distracted driving accident lawyers to discuss your case today.

Is Distracted Driving a Common Cause of Car Accidents in Indiana? 

While Indiana does not have blanket laws that address all the main categories of distracted driving, there are specific state laws that apply to certain situations where a driver’s attention is diverted from their primary tasks while operating a motor vehicle. For example, texting while driving is against the law. Drivers under the age of 18 are prohibited from using cell phones and other wireless communication devices as well. There are specific laws that also restrict drivers from operating their vehicles with pets on their laps. Despite these and other restrictions intended to limit the possibility of distracted driving incidents, many drivers still make these mistakes, resulting in serious consequences for themselves and other drivers.

According to the National Highway Traffic Safety Administration, thousands of people lose their lives in fatal car accidents every year in distracted driving crashes. Distracted driving is one of the leading causes of auto collisions involving young drivers, accounting for more than half of all such car crashes involving teenagers behind the wheel of a vehicle.

The Indiana Department of Labor reports that drivers who send text messages while operating their vehicles are significantly more likely to cause car crashes than those who do not text and drive. Texting while driving and other distracted driving behaviors slow reaction times exponentially, resulting in serious automobile accidents in Indiana and nationwide.

What Are Different Examples of Distracted Driving Dangerous Behaviors? 

The primary categories of distracted driving accidents encompass visual, manual, and cognitive distractions. A visual distraction occurs when motorists fail to maintain their focus on the road while driving. Manual distractions include instances where drivers remove one or both hands from the wheel of the car. Cognitive distractions encompass instances of daydreaming and other scenarios where individuals are not fully paying attention to the primary task of driving.

Some of the common examples of distracted driving include the following:

  • Changing music while driving
  • Driving while emotionally distressed, including getting behind the wheel of a motor vehicle while screaming or crying
  • Eating or drinking while driving
  • Fiddling with dashboard controls or GPS systems while the vehicle is still in motion
  • Gawking or rubbernecking, which involves turning to look at distractions on the road
  • Personal grooming and applying makeup while driving
  • Reaching for something in a glove compartment or on the floor of a vehicle while still driving
  • Reading while driving, including consulting maps
  • Speaking to passengers, particularly if talking to the passenger involves looking them in the face
  • Texting while driving or talking on a cell phone without a hands-free option
  • Various instances of daydreaming or getting lost in thought
  • Watching videos on phones or other devices while driving
  • Writing an email or other message while behind the wheel of a moving vehicle
  • And more

As your Evansville distracted driving accident attorneys, we will prove negligence on the part of the at-fault drivers. This may include establishing unlawful cell phone use while driving, which can be proven with the evidence collected from cell phone records. Other types of evidence that could help create a convincing case may include eyewitness testimonies, police reports, and the professional opinions presented by car accident reconstructionists.

What Are Your Legal Options for Holding Negligent Drivers Accountable?

Hiring a personal injury attorney well-versed in the practice areas of car accident cases is crucial for victims attempting to recover compensation for hospital bills and other expenses. As your attorneys, we will initiate the process by gathering evidence, obtaining witness statements, and exploring all available legal options to hold at-fault parties accountable for their actions and assist you in recovering fair financial compensation.

There are various options available to car accident victims and those involved in distracted driving incidents seeking legal recourse. You may be able to file an insurance claim, personal injury lawsuit, or wrongful death claim to hold distracted drivers accountable for their negligent actions. In most personal injury cases, proving negligence is central to winning a case and securing a fair settlement. This may be accomplished by showing that the defendant owed a reasonable duty of care to you and other motorists on the road. Your lawyers would then show that they’ve breached this duty of care with their negligent actions, resulting in the car accident that caused your severe injuries. As a result of the accident and injuries, you suffered real losses deserving of fair compensation.

After a distracted driving accident, you must seek medical attention to treat any possible serious injuries. Failing to seek professional medical treatment following a car crash could result in insurance companies devaluing your personal injury claims. We recommend seeking professional medical care, regardless of the apparent severity of your injuries, as some may worsen over time.

Do Distracted Drivers Face Fines and Other Penalties for Causing Car Crashes?

There are many potential penalties for those found guilty of distracted driving that causes serious motor vehicle accidents in Indiana. Those who commit such traffic violations may face costly fines. The cost of the financial penalty rises with each successive distracted driving offense. Additionally, a distracted driving ticket could result in points being added to their driving record, depending on the state or jurisdiction. Distracted drivers who are apprehended by law enforcement may also see their driver’s licenses suspended.

Ultimately, however, these legal concerns are the responsibility of law enforcement and may not necessarily impact your ability to recover compensation. Your personal injury case and the criminal case may unfold side by side, but do not always intersect. Our Evansville car accident lawyers are more focused on helping you obtain the compensation you deserve. That said, a criminal conviction or distracted driving traffic violation could help strengthen your case by proving to the insurance companies and other parties that the other driver was negligent and that you are deserving of a financial settlement.

What Types of Economic and Non-Economic Damages Can You Hope to Recover in a Successful Distracted Driving Case?

If you successfully file a claim, our Evansville car accident attorneys will assist you in settlement negotiations with insurance companies to help you recover the maximum compensation that your case could be worth. If the insurance company or defendant is unwilling to provide you with adequate compensation, we may explore the option of taking your case to trial and fighting on your behalf in court.

Successful personal injury and wrongful death claims can help you secure both economic and non-economic damages to compensate for your losses and help make you financially whole again. In some extreme cases of especially negligent behavior, a judge may also award punitive damages to the distracted driving accident victims, which are meant to punish the at-fault party for their actions.

Potential financial recovery in your distracted driving case could include the following:

  • Past medical bills and future medical expenses, including the cost of physical therapy, necessary surgeries, and prescription medications.
  • Financial compensation for disabilities, dismemberment, disfigurement, and new home modifications to address your disabilities.
  • Lost wages if you missed time from work, and lost income-earning capacity if unable to return to work.
  • Property damage and vehicle damage compensation, which can help you with repairs or replacing your vehicle, and any other damaged personal property.
  • Compensation for emotional distress, mental anguish, psychological trauma, and chronic physical pain and suffering.
  • Wrongful death damages, which can include medical costs incurred before death, lost wages or lost benefits, a loss of expected inheritance, lost companionship or consortium, and compensation for funeral, burial, and memorial expenses.

If the injured victim shares partial fault for causing the auto accident, their total compensation may be reduced according to Indiana’s comparative fault system. To learn more, contact our law offices with your questions and concerns.

Contact Our Law Firm for a Free Consultation with an Indiana Distracted Driving Accident Attorney Today

Our personal injury law firm operates on a contingency fee basis, meaning that you do not pay attorney fees until we recover a financial settlement in your distracted driving case. To discuss your car accident case in more detail, we also offer free consultations to prospective new clients interested in the benefits of retaining our legal services.

The sooner you speak with our Evansville distracted driving accident attorneys about your legal issues, the better your chance of maximizing your compensation and achieving a favorable outcome in a timely manner.

Schedule your free, no obligation case evaluation by contacting us today at 812-213-4551.

Go with Experience. Go with Gerling.