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Is someone to blame for a crash because they texted while driving?

Determining fault for a car accident is important because the at-fault party generally incurs financial responsibility for what occurred. Proving that someone was at fault for a crash can give those who have been left with injuries and/or severely damaged vehicles the right to pursue a sizable insurance claim or possibly a personal injury lawsuit.

Many factors influence who the police and the insurance companies ultimately hold responsible for a crash. If the other person involved in a crash was on their phone at the time of the collision, will that factor into who is named as at fault for the wreck?

Indiana has laws about texting while driving

Indiana is a hands-free state, meaning that adult drivers can only use mobile devices with hands-free technology. Anyone with a phone in their hands at the time of a wreck was likely in violation of Indiana traffic statute, which might make them liable for the crash or at least partially responsible.

There could potentially be security or traffic camera footage that helps show someone was distracted at the wheel. The police or an attorney could potentially also secure someone’s phone records to determine if their device was in use at the time of the crash.

Proving that someone was on the phone when they caused a collision can help another driver strengthen their right to request compensation from an insurance company or directly from the other driver in a civil lawsuit.

Learning more about common causes of crashes and the rules that apply to such wrecks can benefit those who have been recently hurt in a motor vehicle collision in Indiana. Seeking legal guidance in the wake of a collision can also be very helpful as well.