Why Do Distracted Driving Crashes on the Borman Expressway Raise Different Legal Questions?
A collision on a packed interstate commonly involves multiple vehicles, and figuring out who caused the initial distraction matters more than who hit whom last. The Borman Expressway carries a heavy mix of commuters and commercial trucks through Gary every day, which raises the odds of a chain-reaction collision.
Specifically, a distracted driver who causes a sudden slowdown can trigger a pileup several cars back, and those drivers rarely share the same insurance company.
Untangling which vehicle started the chain reaction often decides who pays for what.
A multi-vehicle Borman Expressway accident generates more evidence than a simple two-car accident, and locating it quickly matters. Sources our team pulls from in these cases include:
- INDOT traffic camera footage
- Electronic logging device data from any commercial truck involved
- Weigh station or toll records showing vehicle movement
- The responding officer’s crash reconstruction report
- Dashcam footage from the following vehicles
A commercial truck’s electronic logs can place a driver’s speed and braking pattern down to the second, which is harder to dispute than a witness’s memory. Our attorneys request this data early, since some carriers only retain it for a limited period.
Collisions tied to distraction also happen away from the interstate, on corridors like Broadway and the surface streets feeding into it, where stop-and-go traffic makes a glance at a phone just as dangerous. The evidence involved looks different, but the legal questions often overlap.
A rear-end collision on a surface street is often easier to sort out than a highway pileup, since fewer vehicles and insurance policies are usually involved. Our attorneys investigate both scenarios with the same level of attention.
A claim built on strong highway evidence starts with a fast, free case review. Speak with our Gary distracted driving accident lawyers today, no obligation, to see where things stand.
Should You Talk to the Other Driver’s Insurance Company Before Hiring Anyone?
Talking to the other driver’s insurer before getting guidance isn’t helpful, since anything said in that call can be used to argue the crash was less serious than it was. Most claims are ultimately resolved through negotiation rather than a courtroom, but what gets said early on still shapes that process.
An adjuster’s early questions often sound routine, but they are designed to lock in details before medical treatment is finished, and the full extent of an injury is known. A recorded statement given in the first few days can undercut a claim’s value later.
Our attorneys handle that conversation once retained, so nothing said early on limits what a case is worth down the line. Schedule your free consultation now.
Can You File a Claim if the Distracted Driver Was Not Texting?
Yes. Indiana’s phone laws address one type of distraction, but a driver who causes an accident while eating, grooming, or reaching for a dropped item can still be held responsible under general negligence and reckless driving laws.
Under Indiana Code 9-21-8-52, weaving between lanes, failing to maintain a safe distance, or drifting out of a lane can support a reckless driving citation on its own, separate from whatever caused the distraction in the first place.
Distraction takes many forms behind the wheel, and few of them involve a phone at all. Behaviors that show up often in Gary crash reports include:
- Reading a paper map or written directions
- Adjusting GPS
- Recording videos on social media
- Applying makeup or grooming
- Reaching for a dropped item on the floor
- Managing a child or pet in the vehicle
- Adjusting a dashboard touchscreen for music or climate
None of these requires a citation to support a claim, since ordinary negligence law covers a much wider range of conduct than the phone statute does. Our Gary distracted driving accident lawyers build the case around what the driver was actually doing, not just what a ticket says.
A driver who admits to being distracted at the scene, even informally, can create useful evidence long before a lawsuit is filed. Our team follows up on those statements quickly, since a driver’s account can shift once an insurance company gets involved.
What Happens if the Distracted Driver Was Operating a Government or Transit Vehicle?
A collision involving a city bus, a Gary Public Transportation Corporation vehicle, or another government-owned vehicle moves on a much shorter clock than an ordinary claim, and missing it can end a case before it starts.
Under Indiana Code 34-13-3-8, a claim against a political subdivision requires written notice within 180 days of the collision, not the two years most people expect for a typical injury claim.
That shorter deadline catches a lot of injured drivers off guard, especially when a government vehicle was only part of a larger multi-vehicle crash. Our Gary distracted driving accident lawyers check for government involvement during the first review of any case.
A lawsuit against a political subdivision in Lake County typically proceeds through the Lake Superior Court’s civil division in Gary, the same court that handles most personal injury cases filed locally. Which court a case belongs in shapes how the notice and filing get prepared from the start.
Get answers today about whether a government vehicle affects your timeline, before that shorter window closes.
Will the Insurance Company Try to Blame Someone Else for the Accident?
Often, yes. An insurance company facing a strong claim will sometimes point to a driver who was never sued, hoping to shift blame away from its own policyholder.
Under Indiana Code 34-51-2-14, a defendant may name a nonparty as responsible for some or all of the damages, even though that person or company is not part of the lawsuit.
That defense can reduce what a jury assigns to the actual defendant, so identifying every potentially responsible party before filing matters is important. Our attorneys investigate the full chain of events, not just the driver named in the police report.
A common example involves a distracted driver merging into traffic that another vehicle was already forced to swerve around. The insurer for the merging driver may argue the swerving vehicle bears some responsibility, even though no one sued that second driver.
Ask our Gary distracted driving accident lawyers to identify every party that may share responsibility for your crash.
How Long Does a Distracted Driving Claim Take to Resolve?
Most distracted driving claims resolve within several months to a year, though a case with disputed fault or serious injuries can take longer.
The primary reason a claim speeds up or slows down is evidence, not paperwork. A case with clear phone records, video, or a citation tends to move faster than one built on conflicting witness accounts.
Our team gives every client a realistic estimate after reviewing the specifics, rather than a generic promise that does not hold up once negotiations start.
A case that ends up needing a lawsuit takes longer than one that settles through negotiation, but filing suit does not necessarily mean a trial. Most cases still resolve before ever reaching a jury, even after a lawsuit is filed. Get a realistic timeline for your own claim in a free case review.
What Should You Bring to Your First Meeting With Our Team?
A short list of documents speeds up the first meeting and helps our Gary distracted driving accident lawyers start working immediately instead of chasing down basic information. Bring what you have, even if the list feels incomplete. Helpful items for a first meeting include:
- Any citation or ticket issued at the scene
- Your insurance card and policy declarations page
- A written timeline of the days following the crash
- Contact information for any passengers in your vehicle
- Photos or videos taken at the scene
Missing an item on this list will not stop the meeting from moving forward, since our team can request most records directly. Bringing what you already have saves time.
A first meeting also covers what to expect going forward, including how often you will hear updates and who to contact with questions. Clients leave with a plan, not just a folder full of paperwork. Reach out to schedule your free case review with no obligation.
Distracted Driving Claim Questions Our Gary Attorneys Hear Most
Will You Charge Me Anything if We Don’t Win?
No. Yosha Law takes distracted driving cases on a contingency fee basis, so there is no bill unless we recover money for you. The free case evaluation that comes first carries no obligation to hire our firm.
What if the Accident Happened While the Driver Was on a Video Call?
A video call involves the same handheld phone use that the law already restricts, and it often creates stronger evidence than a phone call alone. App data can sometimes show exactly when the call started relative to the crash.
Can a Passenger in the Distracted Driver’s Own Car File a Claim?
Yes. A passenger injured by the driver of the car they were riding in can typically file a claim against that driver’s own insurance policy, the same way a passenger in any other vehicle would.
Do You Have to Miss Work for the Case to Move Forward?
Most of the work happens without you present, since our attorneys handle calls, paperwork, and negotiations directly. A few meetings or a deposition may require your time, but your daily schedule rarely needs to change.
What if There Is a Dispute Over Which Insurance Company Should Pay?
Multiple insurers sometimes point at each other when more than one policy could apply, which can stall a payout for months. Our attorneys pursue every applicable policy at once instead of waiting for the companies to sort it out themselves.
Does It Matter Where in Gary the Crash Happened?
Crash location affects which police jurisdiction investigates and which court a case eventually lands in, but it does not change whether a distracted driver can be held responsible. Our team adjusts the approach based on location without changing the underlying strength of a claim.
What Happens When Yosha Law Takes On Your Insurance Company?
An insurance company treats a case differently once it recognizes a firm with a history of taking cases to verdict instead of settling for less. Yosha Law was founded in 1963 by Louis “Buddy” Yosha, and his son Brandon Yosha now leads the same trial-first approach across two generations.
We have secured more than 100 verdicts that beat the insurance company’s pre-trial offer. Brandon became the youngest attorney ever inducted into Marquis Who’s Who Top Lawyers in America in 2021. Together, the team at Yosha Law brings 172 years of combined experience to every case.
Insurance companies do not always open with a fair number, and Yosha Law has a track record of changing that number at trial. Past results include:
- The $0 offer became a $6.2 million settlement
- The $5,000 insurance offer became a $10 million verdict
- $50,000 pre-trial offer became a $20.3 million verdict
- The $300,000 offer became a $7.5 million verdict
Results may vary. Prior case outcomes do not guarantee similar results. Every one of these cases started with an insurer betting the injured person would accept far less. A Gary distracted driving accident lawyer backed by that record changes how the other side approaches a negotiation from day one.
A firm willing to try a case changes the math for an insurance company long before a jury gets involved, since the alternative to a fair settlement becomes a real possibility instead of an empty threat. We fight for compensation for medical costs, lost income, pain and suffering, and other losses.
One Call Before You Decide Anything Else
Insurance adjusters often reach out within days of a distracted driving collision, sometimes before an injured person has spoken with anyone else about what happened. What you say in that first conversation can shape the rest of the claim.
Call our Gary distracted driving accident lawyers at (317) 334-9200 for a free, no-obligation case evaluation, available 24/7. A short conversation now can change how the rest of the claim unfolds.
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