Throughout the United States, there are many different regulations regarding wearing headphones while driving. Some states allow for headphones that do not cover the head, while others allow only one side of the headphones in one ear, and in some other states, it is completely illegal. Indiana, however, is not included in any of these given examples. Drivers can wear any kind of headphones or earbuds in Indiana they choose without facing penalties.
There are many reasons drivers may want to wear headphones or earbuds while driving, whether for music, phone calls, or even canceling out noise. But driving while wearing headphones is not necessarily safe practice, as distracted driving is a leading cause of car accidents. There is a good reason why drivers should refrain from doing this.
It is Legal—But It Could Lead to Distracted Driving
Drivers need to be fully aware of everything going on around them while on the road. This involves not only seeing what is happening but also hearing everything.
Drivers must be able to hear the sirens of an ambulance, a police car, or a fire truck. Ambient sounds can tell drivers how fast they are going when driving in conditions, such as fog, or alert them to quickly approaching vehicles. If another motorist is trying to warn the driver by honking their horn, the driver needs to be able to hear it.
Wearing headphones while driving can contribute to distracted driving by taking the driver’s attention away from the road and important surrounding noises.
Headphone Wearers Could Be Deemed Responsible
Even though wearing headphones is legal in Indiana, negligence laws still apply in the event of a car accident.
In most circumstances, Indiana follows a modified comparative fault standard. This means an accident victim is generally eligible to receive compensation for damages only if they are less than 50% at fault for the accident. For example, if a victim in an accident was wearing headphones at the time the car crash occurred, the defendant or their insurance company could use that fact against the plaintiff seeking compensation for damages.
Indiana drivers should refrain from wearing headphones while driving. Protect yourself and others on the road by paying attention and remaining alert to your surroundings. Drive smart, and take the headphones off.
Sevenish Law Firm, P.C. Can Help You Hold the Driver Accountable
Indiana is just one of many states that have not yet imposed laws banning the use of headphones while driving, but that does not mean that it is okay to drive recklessly. As the State of Indiana notes, many laws are in place to ensure that drivers do so safely and carefully.
Still, if someone’s distracted driving led to your accident and injuries, we can help you with a personal injury case. We can help you file an insurance claim or lawsuit, handling all aspects involved with your case.
We will:
Gather Evidence of Negligence
We can investigate your accident and build a compelling case for your compensation based on evidence. We will search for evidence of distracted driving on the part of the other driver, demonstrating that this driver was negligent. After our investigation, we will present our demand amount to the insurance company.
Negotiate with the Insurance Companies
We can handle all aspects of an insurance claim for you. We will negotiate for your full and fair compensation, showing how the accident has affected your life. If the insurer will not agree to just compensation, we can file a lawsuit.
Take Your Case to Court, If Necessary
If we need to go to civil court on your behalf, we can make your case before a judge. We will prepare your case, litigate on your behalf, and keep you updated on your case’s progress. Keep in mind that you generally have two years to file a lawsuit after the accident (per IC §34-11-2-4), so we recommend getting started as soon as you can.
Call Sevenish Law Firm, P.C. Today to Discuss Your Case
We offer free case evaluations, and we only get paid if you do. During your call, we can tell you how we can help if you were in an accident with someone wearing headphones while driving. Call us today at Sevenish Law Firm to learn more at (317) 636-7777.
