Distracted Driving Accidents: Proving Negligence in Texting and Driving Cases

Distracted driving has become one of the most common and preventable causes of serious crashes in Indiana. For victims, the consequences can be life-changing. A single moment of inattention behind the wheel may result in painful injuries, overwhelming medical bills, and months of lost wages. Texting while driving is particularly dangerous because it combines visual, manual, and cognitive distractions all at once. For those hurt by a driver who chose to text instead of paying attention to the road, proving negligence is critical to securing the compensation needed for recovery.

Why Texting and Driving Is So Dangerous

Distractions come in many forms, but texting stands out as one of the riskiest behaviors on the road. Research shows that reading or sending a message can take a driver’s eyes off the road for five seconds. At highway speeds, that’s the equivalent of traveling the length of a football field without looking. It only takes a moment like this for a crash to occur.

Indiana law prohibits texting while driving, but many drivers continue to take the risk. The growing number of accidents tied to distracted driving shows how dangerous and widespread the problem remains.

Proving Negligence After a Distracted Driving Crash

Unlike drunk driving cases, where chemical tests can confirm impairment, proving that a driver was texting requires piecing together different forms of evidence. Key sources often include:

• Phone records showing calls or messages sent near the time of the collision.
• Witness statements from passengers, pedestrians, or other motorists who saw the driver using a phone.
• Accident reconstruction evidence that highlights a lack of evasive action consistent with distraction.
• Video footage from traffic or security cameras capturing the driver’s behavior.

When combined, this evidence can create a clear and persuasive case that the driver was negligent.

Insurance Company Pushback

Even in cases where distraction seems obvious, insurance companies often attempt to deny or minimize claims. They may argue that injuries are less severe than reported or try to shift partial blame to the victim. Having skilled representation makes a critical difference. By working with experienced Indianapolis automobile accident attorneys, victims gain an advocate who can challenge these tactics and ensure the true impact of the accident is recognized.

Compensation Available to Victims

Victims of distracted driving accidents may be entitled to compensation for a wide range of losses. This often includes medical treatment, rehabilitation, lost income, and damages for pain and suffering. In catastrophic cases, long-term care, disability, or loss of quality of life may also be factored into a settlement or court award. Families who have lost a loved one in such a crash may pursue a wrongful death claim to help cover funeral costs and the financial and emotional toll of their loss.

Why Legal Guidance Matters

Holding a distracted driver accountable can be challenging. An attorney can take steps to preserve key evidence before it disappears, secure expert testimony, and ensure that Indiana’s strict filing deadlines are met. By handling negotiations and preparing for trial if necessary, an attorney allows victims and their families to focus on recovery while pursuing full and fair compensation.

Contact Lee Cossell & Feagley

If you or a loved one has been injured by a distracted driver, you do not have to face the aftermath on your own. The attorneys at Lee Cossell & Feagley, LLP, have decades of experience representing accident victims throughout Indiana and are committed to holding negligent drivers accountable.

Call us today for a free consultation and take the first step toward securing the justice and financial recovery you deserve.