If a distracted driver hit a pedestrian in Indianapolis while using their phone they can typically sue to hold them accountable for your losses. Successfully managing a pedestrian accident lawsuit hinges on proving that the driver’s distraction directly caused your injuries. But you can’t get phone records on your own.
An Indianapolis pedestrian accident lawyer can build a case that proves this negligence. They have the power to subpoena the at-fault driver’s phone records to see what they were doing at the time of the car crash. Your attorney can build out your claim for compensation by securing dashcam footage or witness statements.
Key Takeaways for Distracted Drivers and Indianapolis Pedestrian Accidents
- Indiana law allows you to file a personal injury lawsuit against a driver who hit you while using their phone.
- Proving the driver was distracted is the most critical element of your claim.
- Evidence such as cell phone records, witness statements, and traffic camera footage can establish liability.
- Indiana operates under a modified comparative fault rule, which means you can still recover damages even if you were partially at fault.
- A formal legal process, including a subpoena, is often necessary to get a driver’s phone records from their service provider.
Understanding Liability in an Indiana Distracted Driving Accident
The core of any successful injury claim is showing that another party was legally at fault, or negligent. When a distracted driver hits a pedestrian in Indianapolis, you or your lawyer must prove four specific elements.
First, you must show the driver had a duty of care to operate their vehicle safely and to pay attention to their surroundings, a responsibility every driver has, whether in Broad Ripple or downtown. Second, you must demonstrate that the driver’s actions were a breach of duty. Using a cell phone, whether for texting, emailing, or scrolling social media, is a clear breach of this duty.
Third, you must prove the driver’s breach (e.g., texting, scrolling) was the proximate cause of your injuries. Finally, you must show you suffered actual damages, such as medical bills from Sidney & Lois Eskenazi Hospital, lost income, and physical pain.
When all four of these elements are present, you have a strong foundation for a legal claim against the distracted driver. A driver who is looking at their phone and fails to watch for pedestrians crossing at intersections near Monument Circle or walking along the Indianapolis Cultural Trail may be liable for the injuries they cause.
How Do You Prove the Driver Was Texting in an Indianapolis Pedestrian Accident?
One of the biggest concerns after a distracted driver hits a pedestrian in Indianapolis is proving what happened. A negligent driver will rarely admit to being on their phone. This is where a formal, evidence-based investigation becomes necessary to uncover the facts.
It’s often not enough to simply state that you saw the driver looking down. A successful cell phone accident injury claim that Indianapolis victims file usually requires objective, compelling evidence. An Indianapolis pedestrian accident lawyer can gather and piece together different types of proof to create a full picture of the driver’s behavior.
Some of the most powerful tools for proving distracted driving include:
- Police Report: An officer from the Indianapolis Metropolitan Police Department who responds to the scene will document observations, driver statements, and witness information. Any mention of a phone or admission of distraction can be critical.
- Witness Statements: Other drivers, cyclists, or pedestrians who saw the crash in Indianapolis may have noticed the driver on their phone. A skilled lawyer knows how to locate these individuals and obtain formal witness affidavits to support your claim.
- Phone Records: Your Indianapolis pedestrian accident attorney can issue a subpoena for phone records to the driver’s mobile carrier. These records show call logs and data usage records, which can establish a clear timeline of phone activity at the exact time of the accident.
- Video Footage: Many intersections, businesses, and even homes in Indianapolis neighborhoods like Irvington or Fountain Square have security cameras that may have captured the accident and the driver’s actions leading up to it.
Indiana’s Distracted Driving Laws and Negligence Per Se
Indiana has specific laws in place to combat distracted driving, and these laws can be a powerful asset in your pedestrian injury case. Understanding how they work is important when pursuing a claim against a distracted driver in Indianapolis. These rules help establish fault more clearly than in other types of accidents.
What Does the Law Say About Using a Phone While Driving?
As of 2020, Indiana law prohibits drivers from holding or using a telecommunications device while their vehicle is in motion. This hands-free law makes it illegal to type, transmit, or read a text or email, as well as to watch or record a video.
A driver violating this law isn’t just a safety risk; they’re also breaking a state statute designed to protect pedestrians and others on the road.
Using Negligence Per Se to Your Advantage
When a driver breaks a safety law and that violation causes an injury, the legal principle of negligence per se may apply. In a distracted driving pedestrian accident lawsuit, this means your lawyer may not need to separately prove that the driver’s action was unreasonable. The act of illegally using their phone while driving may be considered negligent conduct.
Proving they violated the hands-free statute can effectively establish the breach of duty in your Indianapolis pedestrian accident claim, simplifying the path to demonstrating liability.
Can a Pedestrian Share Fault in an Indiana Accident?
In certain situations, a pedestrian may share some blame for an accident with an Indianapolis distracted driver. Insurance adjusters for the at-fault driver often try to shift blame onto the injured pedestrian. They might argue you were jaywalking, not in a crosswalk, or were distracted. This is a common tactic, but it doesn’t automatically prevent you from recovering compensation in Indiana.
Indiana follows a legal rule known as modified comparative fault, which allows you to pursue a claim as long as you’re not found to be 51% or more at fault for the accident. If you’re found to be partially at fault, your final compensation award may be reduced by your percentage of fault.
For example, if you were found to be 10% responsible for the accident, you can still recover 90% of your total compensation. An Indianapolis distracted driving accident lawyer works to minimize your assigned fault by focusing the evidence on the driver’s dangerous and illegal choices.
Why You Need an Attorney for a Pedestrian Accident Claim in Indianapolis
Navigating the legal system after being injured by a texting driver in Indianapolis can be difficult, especially while you’re focused on medical recovery. An insurance adjuster may seem friendly, but their job is to protect their company’s financial interests, not yours. Having an Indiana personal injury attorney changes the dynamic and protects your rights.
Your lawyer handles the entire claims process, allowing you to focus on getting better. They conduct the investigation, gather evidence, and build a strong claim based on facts. From obtaining phone records to calculating the full value of your losses, your legal team ensures every detail is managed correctly.
A dedicated Indianapolis pedestrian accident lawyer adds value in several key areas:
- Investigation: Your attorney can issue a subpoena for phone records and dispatch investigators to locate witnesses and uncover video evidence that you wouldn’t be able to get on your own.
- Valuation: They’ll work with you and your medical providers to calculate not just your current medical bills and lost wages, but also your future medical expenses and the value of your non-economic damages, such as pain and suffering.
- Negotiation: An experienced distracted driving lawyer understands the negotiation process and knows how to counter the arguments made by an insurance adjuster. They’ll build and present a comprehensive demand letter designed to achieve a fair settlement.
- Litigation: If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit and handle every stage of litigation, including pre-trial discovery and presenting your case in court.
- Advocacy: Your lawyer protects your rights and interests at every stage of the personal injury claim process.
FAQ for Distracted Drivers and Indianapolis Pedestrian Accidents
What if the Driver Denies Being on Their Phone When They Hit Me?
A distracted driver’s denial is common in pedestrian accident cases, but it’s not the end of your claim. An attorney can use legal tools to uncover objective evidence that contradicts their denial. This includes obtaining their phone records through a subpoena, which shows a timeline of calls and data use, as well as locating and interviewing witnesses who may have seen the driver.
Does Indiana Have Specific Laws Against Texting and Driving?
Indiana has a hands-free law that makes it illegal for a driver to hold or use a mobile device while their vehicle is in motion. This includes texting, emailing, or using social media apps. If a driver violates this law and causes an accident, they may be held liable for the resulting injuries under the doctrine of negligence per se.
How Can I Get the At-Fault Driver’s Cell Phone Records?
You cannot get a driver’s private cell phone records on your own. These records are protected and can only be obtained through a formal legal process. An attorney must use a formal legal process, such as issuing a legal subpoena to the driver’s cell phone carrier, compelling them to produce the relevant records for a specific time frame.
What Should I Do After Being Hit By a Driver in Indianapolis?
After receiving medical attention, your next critical step is to gather evidence and seek legal guidance. Make sure you have the driver’s name and insurance information, and keep any pictures you have of the accident scene, your injuries, and the vehicle.
With this information in hand, contact an experienced Indianapolis pedestrian accident attorney to discuss your case and understand your legal options.
Can I Still Have a Valid Personal Injury Claim if I Was Jaywalking?
You may still have a case in Indianapolis even if you were jaywalking. Indiana’s modified comparative fault law allows you to recover damages as long as you’re not found 51% or more at fault. While jaywalking may assign some fault to you, a driver still has a duty of care to see what is in the road ahead of them, and their illegal distraction remains a major factor.
Speak With Our Team Today
Proving that a distracted driver caused your injuries requires a detailed and professional investigation. At Yosha Law, our Indianapolis pedestrian accident attorneys know how to uncover the evidence needed to hold negligent drivers accountable. We can secure phone records, locate witnesses, and construct a compelling case that shows exactly what happened.
You shouldn’t have to bear the financial burden of an accident caused by someone else’s choice to look at their phone instead of the road. If you were injured by a distracted driver in Indianapolis, we’re here to help you understand your legal options.
Contact Yosha Law today via our online form for a free, confidential consultation.
