Unfortunately, the use of cell phones while driving has become alarmingly common on Marion County roads. Texting behind the wheel is one of the most dangerous activities a driver can engage in while operating a vehicle. Despite the obvious dangers associated with texting behind the wheel, though, many drivers still choose to do so.
When distracted driving causes a car accident and someone else suffers injury as a result, the at-fault driver may be held legally liable for the injured person’s medical costs and other damages. If you were hurt by a driver who was texting at the time of your accident, you may need the help of a personal injury attorney. We can help you hold the at-fault driver responsible in court. Learn more about working with our Marion County texting while driving car accident lawyer at Sevenish Law Firm, P.C.
Texting While Driving Laws in Marion County
Not only is texting while driving dangerous, but it is also against the law. IC § 9-21-8-59 prohibits using a telecommunications device to type, send, or read a text message or email while operating a motor vehicle. Drivers caught texting while driving face a fine of up to $500. Additionally, minors under the age of 18 are banned from all cell phone usage while driving.
For a free legal consultation with a texting while driving accidents lawyer serving Marion County, call 317-636-7777
What Is Negligence?
If a driver who is texting behind the wheel strikes another driver, cyclist, or pedestrian, they will likely cause injuries due to the crash. If that happened to you or to someone you love, our texting while driving car accident attorney in Marion County can help prove in a civil suit that the distracted driver’s negligence caused the crash.
Proving negligence is an important step in your auto accident lawsuit. Negligence occurs when the driver fails to take reasonable action to protect the safety of others, and that failure causes harm to another person and has financial consequences.
In the case of the distracted driver who caused your accident, they would likely be considered negligent since they could have taken reasonable action—such as putting their cell phone away—to avoid an accident but chose not to. In such cases, as the injured person, you could file a personal injury insurance claim or lawsuit for compensation related to your medical bills, auto repair costs, lost wages during recovery, and general pain and suffering.
Evidence that Proves Negligence
Proving negligence is a complicated and time-consuming process. When our team represents you, you can focus on healing and leave proving the other driver was texting to us. The evidence we collect for you will include:
- Your car accident report: If the at-fault driver was texting while driving, it will likely be indicated in this official document.
- Your medical records: These will indicate the cause of your injuries, their severity, and the extent of care you will require in the future.
- Statements from available witnesses: These statements will provide details on the cause of the accident from varying points of view.
We will also collect any photos and video footage that prove the other driver was texting. If necessary and possible, we will subpoena the at-fault driver’s cell phone records. We leave no stone unturned in proving your right to recovery because, unlike other law firms, personal injury cases are all we do.
Marion County Texting While Driving Accident Lawyer Near Me 317-636-7777
What Happens After You Prove the Other Driver Was Texting?
Once negligence is established, we can move forward with your demand for compensation. We will use the evidence we collected to prove your right to compensation and the value of your:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Physical disability
- Physical disfigurement
If you choose to represent yourself, it can be easy to overlook expenses our personal injury team would include in your case. We can also ensure you do not give in to the temptation to accept a speedy settlement offer because of financial duress. A speedy settlement can actually be costly because it does not give you enough time to understand the accident’s overall costs.
When our case assessment team assigns a value to your injuries, we ensure nothing is overlooked or omitted. Our goal is to ensure you get the best possible recovery for your injuries and related expenses.
How Long Will It Take to Get a Settlement?
Our personal injury team will work hard to streamline the process, but the exact amount of time it will take to resolve your case will depend on a number of factors. These can include:
- The time it takes to conduct a comprehensive investigation
- The time it takes to understand the value of your damages
- The number of rounds of negotiation that is required
- The time it takes to receive an acceptable settlement offer
The time it takes you to contact our law firm and the time left on the statute of limitations when you do will also factor into your timeline. According to IC §34-11-2-4, you generally have two years from the accident date to file your personal injury lawsuit.
Even while our car accident lawyer negotiates on your behalf, we may still file your lawsuit. We take this precautionary step to ensure you can take your case to trial if an acceptable monetary settlement is not made.
What if the Injured Party was Texting While Driving?
IC §34-51-2-6 allows individuals injured in Marion County to sue for compensation as long as they were less than 51 percent at fault for the crash that injured them. If the injured person was texting while driving and that action contributed to the crash, they would have to prove the other driver was more at fault.
However, the fact that the person was texting when the accident occurred does not automatically bar them from suing the other driver for their negligence. Our Marion County texting while driving car accident attorney can help you sort out liability, and then seek compensation if possible.
Click to contact our Marion County Texting While Driving Accident Lawyer today
Speak with Our Marion County Texting While Driving Car Accident Attorney Today
If you think another driver’s distracted behavior behind the wheel caused your crash, call our Marion County texting while driving car accident lawyer today. The at-fault driver may be liable for your injuries and damages, which means they could owe you compensation. Speak with a lawyer before an insurance adjuster because the adjuster will hold your statement against you.
Filing a personal injury claim can be difficult, so call Sevenish Law Firm, P.C. team and speak with a team member today to retain the help of a seasoned local attorney and get started on your case. Don’t try to handle your injury accident case on your own. Allow us to help.