Unfortunately, the use of cellphones 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 a 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 an experienced attorney who could help you hold the at-fault driver responsible in court. Call a Marion County texting while driving car accident lawyer at Sevenish Law Firm now to learn more.
Texting While Driving Laws in Marion County
Not only is texting while driving dangerous, it is also against the law. Indiana Code §9-21-8-59 prohibits using a telecommunications device to type, send, or read a text message or an 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 cellphone usage while driving.
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 happens, a texting while driving car accident attorney in Marion County could help an injured person prove in a civil suit that the distracted driver’s negligence caused the crash.
Proving negligence is an important step in an auto accident lawsuit. Negligence occurs when a driver fails to take reasonable action to protect the safety of others, and that failure causes harm to another person.
In the case of a distracted driver who causes an accident, that driver would likely be considered negligent since they could have taken reasonable action—such as putting their cellphone away—to avoid an accident but chose not to. In such cases, the injured person could file suit for compensation related to their medical bills, auto repair costs, lost wages during recovery, and general pain and suffering.
What if the Injured Party was Texting While Driving?
State law 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. Skilled Marion County texting while driving car accident attorneys could help someone sort out who is really to blame for their injuries, and then seek compensation if possible.
Speak with a Marion County Texting While Driving Car Accident Attorney Today
If you think another driver’s distracted behavior behind the wheel caused your crash, call a 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 money. 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 today to retain the help of a seasoned local attorney and get started on your case.