Indiana Distracted Driving Accident Lawyers
If you were the victim of a car accident caused by a distracted driver, the Indiana car accident lawyers at Custy Law Firm | Accident & Injury Lawyers can help you with your case. We know how important it is for you to hold the other person liable for the harm they caused. You’ve been suffering due to your injuries and need financial compensation to pay for your medical expenses, lost wages, and more. Our legal team has the experience and resources to ensure you recover the maximum monetary award available.
Anything that takes a driver’s attention away from the task of driving is considered a distraction. It comes in various forms and can greatly affect someone’s physical and mental abilities. If you discover that the other person involved in the crash became distracted behind the wheel, Custy Law Firm | Accident & Injury Lawyers will help you with your insurance claim or lawsuit.
You deserve compensation for the suffering you endured, and Custy Law Firm | Accident & Injury Lawyers has the skillset needed to build a strong, persuasive legal argument on your behalf. Our dedication to our clients is reflected in our high-value case results.
We’re ready to help. Call (219) 286-7361 to schedule a free consultation with one of our Indiana distracted driving accident lawyers.
Distracted Driving and Accident Statistics
Distracted driving is any activity that redirects your attention from driving to something else. Texting is one of the most common distractions, accounting for 1.6 million motor vehicle accidents every year. When you look down at your phone for about five seconds, you can travel the entire length of a football field if you’re driving at 55 mph. In that amount of time, the road ahead could change drastically. If someone cuts you off or there’s a hazard, you won’t have enough time to maneuver your vehicle out of the way.
There are three types of distracted driving that could lead to a car crash:
- Manual: Taking one or both hands off the wheel
- Visual: Taking your eyes off the road to look at something else
- Cognitive: Diverting attention away from the task of driving to focus on something else
The most common forms of distraction include:
- Reading or sending a text or email
- Changing the radio
- Turning to look at a passenger
- Looking at a GPS
- Drinking or eating
- Reaching for an item
- Disciplining children
According to statistics and data gathered by The Zebra:
- Around nine people die every day in a distracted driving accident
- Over 1,000 individuals sustain injuries because of a distracted motorist
- 37.1% of people surveyed agreed that using a mobile device is dangerous; however, 28.6% admitted to texting as their number one distraction
- People who text behind the wheel are 23 times more likely to get into an accident
- 56.7% of drivers said they eat or drink while operating a motor vehicle
- When someone is reaching for an object, they’re eight times more likely to get into an accident
- 31% of motorists become distracted by a dog in their vehicle
- More than 58% of texting while driving accidents involve a teen driver
- 8.5% of fatal crashes in 2019 were the result of a distracted driver
At Custy Law Firm | Accident & Injury Lawyers, we understand the devastation of getting hurt in a distracted driving car accident. You shouldn’t have to suffer the consequences of another person’s poor decisions. Our Indiana distracted driving accident lawyers will protect your rights and ensure the at-fault driver pays for the harm they caused.
Injuries Associated With Distracted Driving Accidents
Distracted driving can sometimes involve other careless actions. Maybe the motorist is texting and speeding or reaching for something in the backseat while tailgating the car ahead. These kinds of behaviors could lead to severe injuries and fatalities if an accident occurs.
The most common injuries suffered from a distracted driving collision include:
- Broken bones
- Spinal cord injuries
- Psychological trauma, such as post-traumatic stress disorder (PTSD) or anxiety
- Internal bleeding
- Crush injuries
- Wounds and lacerations
- Traumatic brain injury
It doesn’t matter if your injury is minor or severe. Any amount of physical or emotional harm could result in a lifelong medical problem. You could experience consistent pain that requires lifelong pain management treatment. Some people need surgery after an accident but never regain 100% mobility.
Permanent impairment or disability can affect your ability to maintain employment and lead to expensive medical costs. Our Indiana distracted driving accident lawyers understand the financial burden you’re feeling. We’ll determine the compensation you need to recover and move forward with your life.
How to Hold the At-Fault Driver Liable
After sustaining injuries in a car crash, you’re allowed to file a claim with the at-fault driver’s liability insurance company. According to Indiana’s fault system, the person who causes an accident is automatically liable for the injured party’s damages. Liability coverage includes minimum required limits for bodily injury and property damage. Those limits compensate for the costs and physical and emotional suffering associated with an accident.
All those losses are known as damages. The damages available in a liability insurance claim include:
- Medical bills
- Car repair or replacement costs
- Pain and suffering
- Out of pocket expenses
- Emotional distress
- Lost income
- Permanent disability
- Loss of consortium
- Wrongful death
You also have the option of suing the other driver. Typically, a lawsuit names the at-fault party and their liability insurance company. Most people choose to file a claim first, and if it gets denied or the settlement amount isn’t sufficient, they’ll move forward with a lawsuit.
Distracted driving is a common form of negligence. The legal theory of negligence refers to one person who owes a duty of care to another but fails. You might be entitled to claim negligence in your lawsuit if you can prove the following elements existed at the time of the accident:
- Duty: The at-fault driver owed you a duty of care to prevent you from harm;
- Breach of duty: They breached their duty;
- Cause in fact: If it wasn’t for their actions, you wouldn’t have gotten hurt;
- Proximate cause: Their actions or failure to act was the direct cause of your injury; and
- Damages: You suffered damages.
Filing a lawsuit in Indiana requires complying with a strict deadline called a statute of limitations. If you miss it, you’ll lose your right to pursue compensation in court from the negligent motorist. The statute of limitations for distracted driving accidents is two years. That means you have two years from the crash date to sue.
Uninsured/Underinsured Motorist Coverage
Even though state law requires all drivers to have liability insurance, you might get into an accident with one who doesn’t have coverage. If that happens, you can turn to your auto insurance company. Uninsured/underinsured motorist is another legal requirement everyone must include on their policies. It provides reimbursement of costs when the at-fault party doesn’t carry insurance, flees the scene, or has liability limits that aren’t high enough for the victim’s total damages.
When you file a UM claim, you can seek the following damages up to the limit listed on your policy:
- Medical bills
- Vehicle repairs or replacement
- Out-of-pocket costs
- Lost income
- Pain and suffering
When you hire Custy Law Firm | Accident & Injury Lawyers, one of our Indiana distracted driving accident lawyers will review the details of your case to determine the available insurance coverage. We’ll pursue compensation from all sources so you can pay for your expenses and make a full recovery.
We have extensive resources to gather relevant evidence that proves fault and shows you deserve the maximum financial award possible from the at-fault driver. We know how to come up with a fair calculation, so accident victims don’t end up with a large bill they can’t afford.
Why Choose Custy Law Firm | Accident & Injury Lawyers?
Our clients are our top priority. When you hire us, we will get to know you and create an individualized plan that meets your needs. We’re aware that everyone has different legal goals after a car accident. We’ll discuss your specific situation and advise you on your legal options to help you reach your desired outcome. We’ll keep your interests in mind as we’re working on your case and fighting for the compensation you deserve.
Our Indiana distracted driving accident lawyers know you might worry about the cost of seeking legal representation. You don’t know if you can afford it or if it’s worth the additional expense. Fortunately, Custy Law Firm | Accident & Injury Lawyers takes all cases on contingency. We don’t charge hourly fees like other law firms. There are no upfront fees or costs while we’re working on your case. You won’t have to pay us unless we win. If we don’t win, you won’t owe us anything.
Our legal team is available 24/7, so you can reach us at a time that’s convenient for you. We never want you to feel ignored or abandoned during the legal process. We’re always here to take your call and discuss your case. We can answer your questions, update you on your case’s progress, or provide emotional support during this traumatic ordeal. You can depend on us to remain by your side until the very end.
Schedule Your Free Consultation
At Custy Law Firm | Accident & Injury Lawyers, we’re happy to meet with you for a free consultation. There’s no risk in receiving legal advice about your case and determining your best options moving forward. If a distracted driver caused your injuries and you need assistance holding them liable, call us at (219) 286-7361. One of our Indiana distracted driving accident lawyers will begin working on your case immediately to help you recover.