In Indiana, auto accident victims must prove that the other driver was at fault in order to recover damages for injuries and losses. Under state law, if the victim shares some responsibility for the accident but is less than 51 percent at fault, they can still recover damages, but their recovery will be reduced by the percentage of fault assigned to them. 

One way of holding the other driver responsible for the crash is to prove they were distracted at the time. Distracted driving includes any activity that takes a driver’s attention away from the road, such as texting, talking on the phone, adjusting the radio or interacting with passengers. An experienced Indiana auto accident attorney can assist you in gather essential evidence, including the following:

• Police reports and testimony — The responding police officer may include observations in the accident report that suggest distracted driving. For example, if there were no skid marks at the scene of the crash and the road was not wet, slushy or icy, the officer may question the driver about possible distractions. The officer's testimony can also be valuable. The officer may be able to describe behaviors and circumstances they observed, such as erratic driving or failure to notice traffic signals.

• Traffic citations — Indiana Code 9-21-8-59 specifically prohibits use of a telecommunications device while operating a motor vehicle, unless the driver is using hands-free technology. If the officer cited the driver for distracted driving, this citation can be powerful evidence.

• Witness statements — Witnesses may include passengers in either vehicle as well as other motorists, pedestrians or bystanders. A witness might have observed the driver using a phone, eating or engaging in another activity that shows the other driver was not focused on the road when the accident occurred.

• Cell phone records — In the course of a lawsuit, a plaintiff’s attorney can request the other driver’s phone records from their service provider to determine if they were texting, making calls or using an app at the time of the crash. The plaintiff must still show the distraction caused the crash, but cell phone usage creates a strong inference.

• Video and photos — Recordings from traffic cameras, dashcams or surveillance cameras may show the driver was looking down, holding a phone or engaging in other distractions just before the crash. Photos of the accident scene can also help establish that the driver failed to react appropriately, possibly due to distractions.

Note that distracted driving may have been accompanied by other types of negligence, such as speeding or ignoring traffic signs or signals. Your attorney can develop the strongest case possible in your behalf.

At Rubino, Ruman, Crosmer & Polen, we have a reputation for seeking the best outcome possible for our clients who have suffered serious injuries in car accidents. For a free initial consultation, call 219-227-4631 or contact us online.