Texting and Driving in Indiana

Smartphones have become a normal part of our lives. Many of us may not even realize how frequently we check our phones for text messages, social media posts, or news updates. Unfortunately, the constant attention we pay to our phones continues for some people even after they get behind the wheel. It may seem easy to multitask both driving and texting or using a cellphone. But in reality, cellphone use takes away too much attention from important driving responsibilities, such as slowing down, stopping at a traffic light, or avoiding a pedestrian stepping into a crosswalk.

When a distracted driver causes a motor vehicle accident, that driver can be held responsible for the harm caused to victims. However, pursuing a claim for compensation after a texting and driving accident is not always straightforward. Insurance companies can make the process difficult for victims. That’s why you need an experienced car accident attorney from Truitt Law Offices on your side.

Our Fort Wayne car accident attorneys will review your case for free and explain all your legal options. Our team will work tirelessly to demand the full and fair compensation you need to recover from a serious distracted driving crash. Contact us now for a free consultation to get started.

Is Texting and Driving Illegal in Indiana?

Under Indiana law, texting and driving is banned for all drivers. This means drivers may not use a cellphone or other telecommunications device to type, read, or transmit a text message, email, or other written communication (such as a social media post), or browse the Internet. This ban is in effect both while actively driving and during times when drivers are stopped at a red light or in gridlock traffic.

What Are the Laws Surrounding Texting and Driving?

Indiana has strict laws when it comes to texting and driving. Texting and driving is classified as a primary offense in Indiana. This means that a police officer can pull you over and ticket you simply because he or she witnesses you texting and driving. You do not need to have committed any other motor vehicle code infraction, such as failing to stop at a stop sign or speeding, in order for an officer to pull you over for texting and driving.

In addition, drivers under the age of 18 in Indiana are subjected to a complete cellphone ban while driving. This means that drivers 17 and younger may not use a cellphone while driving for any reason or in any capacity, even using a hands-free device to make a call.

What Are the Penalties for Texting and Driving in Indiana?

Under Indiana’s ban on texting and driving, a person who is pulled over by a police officer for texting and driving can face a fine of up to $500. Remember that texting and driving is considered a primary offense in Indiana, meaning that you can be pulled over and fined $500 just because a police officer saw you texting, making that a very costly text.

Are There Any Exceptions to the Laws?

Indiana does not have any exceptions to its texting and driving law. The law applies equally to all drivers regardless of age or the circumstances under which they are behind the wheel.

Can You Use Your Cellphone at All While Driving?

Drivers age 18 and older may only use a cellphone while driving if they are using hands-free technology. Physically holding a phone to make a call while driving is illegal. However, you may use technology such as Bluetooth to talk on the phone while driving.

What to Do If You’ve Been Hurt by a Distracted Driver

If you’ve been hurt in an accident caused by a distracted driver, you may be entitled to compensation for your injuries and damages. This could include payment for past, ongoing, and future medical treatment and physical rehabilitation, lost income and earning capacity, pain and suffering, lost enjoyment and quality of life, and damage to your property such as your vehicle.

In order to protect your options for pursuing compensation for these damages, you should remember to take the following steps after your accident:

1. Call 911 or law enforcement. Ask the responding officer for a copy of the accident report.
2. Get the name, contact information, driver’s license number, vehicle registration information, and insurance information from each of the drivers involved in the accident.
3. Take photos or video of the accident scene, damage to the vehicles, and any visible injuries you suffered. Get the names and contact information for any witnesses to the crash.
4. Get examined by a doctor as soon as possible. Follow your treatment plan.
5. Keep records of all bills and invoices for expenses you incur due to the accident. Also start a diary or journal of your recovery and of the pain and difficulties that your injuries cause you.
6. Stay off of social media, or at least refrain from talking about your accident or posting photos or video of yourself.
7. Talk to a knowledgeable car accident attorney about your legal rights.

Talk to a Distracted Driving Accident Lawyer Now

If you have been hurt in a motor vehicle accident caused by a distracted driver, contact Truitt Law Offices today to schedule a free consultation with an experienced attorney. Our firm does not charge any upfront fees to begin work on your case, and you only pay us when we recover money for you.

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Do Pedestrians Have the Right-of-Way in Indiana?

Indiana and other major cities across the country are redesigning their streetscapes to better accommodate pedestrians. This follows the revelation that serious accidents involving pedestrians have been on the rise for years.

On average, a pedestrian is killed every two hours and injured every seven minutes in traffic crashes, based on sobering statistics from the National Highway Traffic Safety Administration. Fourteen percent of all traffic fatalities and an estimated 3 percent of those injured in traffic crashes are pedestrians.

What Are the Laws on Pedestrian Right-of-Way in Indiana?

As a pedestrian, you have the right-of-way only when you’re already in the street, according to the University of Indiana. Indiana state law prohibits you from stepping into the path of a car that is so close as to be an immediate hazard. And if you’re crossing anywhere other than within a marked crosswalk or at an intersection, you must yield the right-of-way. If all lanes of traffic aren’t clear enough to give you time to cross the street, you cannot step out into the roadway.

In Indiana:

• Vehicles are prohibited to overtake another vehicle stopped at a crosswalk.
• Pedestrians have to obey all traffic control devices unless otherwise specified by a police officer.
• Pedestrians must yield to oncoming traffic if there is no marked crosswalk or path.
• Pedestrians cannot walk along the shoulder or edge of a road with a functioning sidewalk.
• Motorists are responsible to yield to blind pedestrians at all times.

If you are a pedestrian who has been hit by a motor vehicle in Indiana, your injuries may have been caused by someone else’s negligence. You need the skills of an experienced pedestrian accident lawyer to hold reckless, careless drivers accountable. The Indiana personal injury firm of Truitt Law Offices is ready to stand up for your rights so you can focus on overcoming your physical and emotional injuries.

What Should I Do If I Have Hit a Pedestrian While Driving?

Hitting a pedestrian is most drivers’ worst nightmare. The potential for serious injuries when a car strikes a person can be very high. The possible outcomes of a bad accident can be too horrible to contemplate.

As with any car accident, there are key steps that a driver should try to follow. Hitting a pedestrian is, understandably, a shocking experience, but it is better to try to respond calmly and methodically to ensure the best possible outcome.

• Call for medical help. 
• Call the police.
• Document the accident, taking photos if necessary.
• Contact your insurance company.
• Be careful what you say. 

Of course, you should be honest and straightforward when telling your version of the events to police. If you were breaking traffic laws when the accident happened, you might face serious charges. Trying to point fingers elsewhere may not help your case, even if the pedestrian is found at fault for the incident.

What Should I Do If I Have Been Hit By a Car While on Foot?

If you are a pedestrian injured in a motor vehicle accident you should follow the same steps outlined above. Realize that the driver has an incentive to divert fault to you and others. Avoid giving statements to drivers or insurers until a pedestrian accident lawyer has been consulted. Any information you provide may be used to craft a defense against you.

How Do Most Pedestrian Accidents Happen?

Often, there can be more than one factor playing into a pedestrian vs. vehicle accident. Some of the more common driver errors causing pedestrian injury or fatality include:

• Inexperienced or New Drivers – The National Highway Traffic Safety Administration and many other organizations find repeatedly that age 16 through 19-year-olds are responsible for more accidents than any other age group.
• Illegal U-Turns – U-turns are often illegal in areas where low visibility or speed of traffic prevents the necessary observation for safe turning.
• Failure to Follow School Zone Driving Practices – Each year, there are many pedestrian accidents during the hectic minutes before and after school. This is particularly true when kids are getting off and on school buses.
• Failure to Make a Full Stop at Intersections – The rolling stop may feel like a harmless infraction, but stop signs and traffic signals exist to force drivers to stop and take full account of their surroundings – including pedestrians – before moving forward.
• Speeding, Driving Under the Influence of Drugs of Alcohol, and Distracted Driving – These are the big three of car crashes. Distracted driving is a cause in many car accidents involving pedestrians.

What Are the Most Common Injuries Related to a Pedestrian Accident?

Pedestrians hit by automobiles are often injured twice in the collision – first from the initial impact of the moving vehicle hitting the body, and again when the force of that impact propels the body into a solid object.

Common pedestrian accident injuries include:

• Torn and sprained ligaments

• Scalp lacerations, contusions and abrasions

• Contusions, abrasions and lacerations of the face and hands

• Fractures of the legs, ribs, arms, hips and pelvis

• Internal injuries

• Traumatic brain injuries

• Spinal cord injuries

• Burns

What Evidence Is Needed in a Pedestrian Accident Case?

When you’re injured as a pedestrian, you are likely to be stunned, disoriented, possibly unconscious and in some degree of pain. Chances are that gathering evidence is the last thing on your mind. But, if you are able, try to capture some of the pertinent pieces of evidence that may help a pedestrian accident lawyer reconstruct the scene and represent your best interests:

• Location at a designated pedestrian crosswalk or somewhere else

• Color and type of clothing

• Time of day/night

• Anyone under the influence of drugs or alcohol

In Indiana, a plaintiff in any personal injury case must prove that they were no more than 50 percent at fault.

Special steps are taken throughout the recovery compensation process when a child is the injured pedestrian, and this often includes obtaining a court’s approval of a settlement that exceeds $10,000.

When a pedestrian accident does result in death then it is possible for the victim’s loved ones to pursue a wrongful death claim. These claims are regulated by Indiana’s state statutes in terms of who can bring about this type of claim and the compensation of the damages that could potentially be recovered.

Legal Help for Victims of Pedestrian Accidents

If you’ve been hurt as a pedestrian by a negligent driver, you may be entitled to significant compensation under Indiana state law.

At Truitt Law Offices, we’ve been representing injured people for 40 years with a solid record of success. With offices in Indiana, we’re strategically located to help you and pursue the just compensation you deserve.

We’re available 24/7 – in person or virtually – and stand ready to pursue compensation for your medical expenses, lost wages, scarring, pain and suffering. Contact us now for a free claim review.

The post Do Pedestrians Have the Right-of-Way in Indiana? appeared first on Truitt Law Offices.

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