Distracted Driver Car Accident Attorney

Distracted driving is an extremely dangerous, risky, and sometimes deadly action. As the CDC reports, distracted driving is a significant contributor to driving-related accidents:

• Up to 1,000 injuries every day from distracted driving
• 9 fatalities every day from distracted driving

Anyone who gets behind the wheel in Fishers, IN, is legally responsible to maintain that vehicle safely and with full focus on the road ahead. Otherwise, they risk harming themselves, their passengers, other drivers, and anyone else in their way.

If you or any of your loved ones were victims of a distracted driver, you do not have to go through this horrible process alone. You may have a legal course of action for compensation. An experienced Fishers distracted driver accident lawyer can help you.

As the National Highway Traffic Safety Administration, or NHTSA, describes it, distracted driving is any type of action or activity that takes the driver’s attention away from safe vehicular operation. Safe operation of a vehicle means attentive, focused driving without other interference.

If this is not the primary concern of the driver, then whatever else is interfering is the main contributor to distracted driving. As experienced Fishers car accident lawyers, we have found a driver can typically be distracted in three particular ways:

1. Visual

Any time a driver turns their eyes away from the road or vehicle systems and onto something else, it means they are distracted. For instance, looking away at a cell phone would be a visual distraction. This makes you less adept at staying aware of obstacles or hazards on the road.

2. Cognitive

If a driver’s attention is focused on something besides their driving, this could decrease reaction time. A decreased reaction time could mean an inability to act in a timely manner, such as stopping for traffic ahead of you.

3. Manual

Any physical action that causes you to take your hands off the steering will. Examples include grabbing something like food or a drink and losing focus on your driving.

Phones: A Big Distraction

Perhaps the worst offender in terms of distracted driving is cell phone use – particularly texting. However, any activity on your phone, like below, could cause a distracted driving accident.

• Talking on the phone
• Checking emails
• Checking notifications on social media

These sorts of distractions, and the risks involved, are why many states have banned the use of phones and other devices while behind the wheel. Across Hamilton County, law enforcement is specifically cracking down on distracted driving of all forms since specifically outlawing holding a mobile device while driving in 2020. However, it remains a major cause of accidents and injuries.

Beyond phone usage, other distracted driving examples are listed below:

• Eating or drinking
• Taking focus off the road to adjust radio, Spotify, etc.
• Using a GPS navigation system
• Morning grooming, putting on makeup, shaving, brushing hair

NHTSA Stats

The NHTSA has compiled statistics related to accidents, injuries and deaths due to distracted driving. Here are some of the most troublesome data:

• In 2020 alone, 3,142 people were confirmed killed because of distracted driving.
• 8% of all fatal crashes in the U.S. involved a distracted driver of some type in 2020.
• From 2012-2020, well over 29,000 people have been killed in car accidents involving distracted drivers.
• Since 2007, the worst offenders for distracted drivers have been teenagers to young adults aged 16-24. However, the problem has continued to grow for all ages and demographics.

Indiana Stats

Some additional food for thought on distracted driving relative to Hamilton County, Fishers, and the rest of the state of Indiana:

• In 2014 alone, Indiana had 9,177 motor vehicle accidents in Indiana that involved a distracted driver.
• 1,071 of these were directly due to cell phone uses.
• 6 fatal accidents occurred in 2014 – all of which were the drivers in the collisions.
• In Indiana alone, the economic impact of distraction-related accidents in 2014 was a staggering $197.5 million.

As these stats show, this is a high-cost issue that affects Indiana’s economy and the health and well-being of its citizens.

One of the best strategies our Fishers distracted driver accident attorneys recommend is to understand how the rules and regulations for cell phones work in Hamilton County, Indiana. Knowing the law will keep you out of any sort of legal trouble. It will also continually remind you to keep your focus primarily on the road in front of you – not on your phone.

On July 1, 2020, Indiana officials enacted the hands-free law. This means that all drivers are prohibited from holding any sort of mobile device in their hands while operating a motor vehicle.

This includes all handheld devices, from GPS units and tablets to phones or video game systems. The goal of this law is simple: get the numbers down for distracted drivers and keep the roadways safer.

The law does not expressly forbid the use of your phone while driving. Instead, it aims at stopping you from holding it in your hand to create a manual and visual distraction.

Using Bluetooth, a headset, or speaker setting that is hands-free is all still acceptable. Similarly, you can use your GPS app, but you must keep the phone mounted to your dash or out of your hands at all times. The consequences of breaking this law are both fines and points being added to your record.

Another issue related to distracted drivers is rideshare apps like Uber and the technology companies which fuel them. Many companies like Apple and others claim that they have no liability in how their technology may contribute to distracted drivers in this context. However, many legal experts beg to differ.

Distracted driver lawyers argue that those who make technology and those who use it in rideshare applications may share responsibility in cases of negligence. It should be a reasonable expectation for passengers that their drivers are operating vehicles safely. If not, then there may be a case for liability.

After an injury due to another party’s negligence, you already have an extensive amount to focus your attention on. From financial strain due to medical bills and missed work to recurrent injuries and pain, it can be an enormous strain on you and your loved ones.

Although these challenges are incredibly difficult to endure, it’s important to remember that you need to act as soon as possible. In Indiana, you have two years after an accident for any personal injury claims. If you do not file your case within that timeframe, you will lose the opportunity to do so.

This is also known as the statute of limitations. The idea is to keep the case as fresh and recent as possible for a timely resolution in court. Despite the intention, this can cause you immense strain.

Because of the stresses you are already facing, retaining a car crash lawyer is critical. Their role is to take many of these stresses off the table for you. That way, you can focus on your treatment, recovery, and next steps.

If you’ve just had an accident and a distracted driver is involved or responsible, it’s important to act as soon as possible. Follow these steps:

Get Medical Help

Seeking out medical evaluation and care is not an optional step to take. You must be evaluated by a professional no matter the extent of the accident.

Even a seemingly minor vehicle accident could lead to injuries or health problems in the future for you. Furthermore, many injuries do not necessarily present themselves at the time of an accident – or even in the days following it.

You need to seek out medical care to have all relevant tests performed for your peace of mind.

Contact the Police

Having the police involved in an accident is always a wise move to make.

A police report will give you more direct, third-party evidence about the context of the accident. This could be a critical piece of your overall negligence case.

Take Photos/Videos of the Accident If Safe

If you’re not injured or in imminent danger, you should also get pictures and video of the accident scene. This includes damage to you and others’ vehicles, the area where the accident occurred, the road condition itself, the weather, and other details.

Think of all these details as evidence in your case. The more evidence you have, the better.

Get Contact Information

Gather names, phone numbers, and other information for any witnesses to the accident. Your legal representative will likely need to speak with them regarding the case.

Contact a Legal Expert

Getting in touch with an lawyer should be done as soon as you’re able. In most every case, you don’t want to face an insurance company and its team of attorneys all by yourself. A legal representative can keep you focused on your recovery and healing while they work on your case.

Remember, even if you are just visiting Fishers, that in the wake of a terrible accident, you’re never alone! Our legal team is trained and experienced in how these negligence cases proceed. Their work means you can rest easier knowing that you have someone on your side.

Don’t wait to get the help you need. Contact SLG Accident Attorneys today for a consultation to learn what options you have for your case.

Some of the locations in and around Hamilton County which our attorneys serve include Fishers, Carmel, Noblesville, Greenwood, Indianapolis, Fort Wayne, Anderson, Avon, Hammond, Gary, Evansville, South Bend, and more.

Additional Resources and FAQs

What Does A Car Accident Lawyer Do?

How Much Is a Car Accident Settlement Worth?

Out-of-State Car Accident Jurisdiction

Do I Need a Lawyer for a Minor Car Accident?

Car Accident FAQs