Can you sue a driver who caused a crash by texting at the wheel?

Car crashes occur every day in Indiana, and each one is the result of unique circumstances. Police officers writing a report after a crash and insurance adjusters responding to a claim have to analyze a situation to determine who might be at fault and therefore which insurance company should pay.

In crashes where one party suffers significant losses, they may need to go to court. Insurance coverage can be far too low to compensate those who suffer spinal cord injuries or traumatic brain injuries in a crash, for example. If there isn’t enough insurance to cover your costs, you may have to cover them yourself.

Personal injury and wrongful death lawsuits allow those negatively affected by an Indiana car crash to seek economic justice. A person filing a lawsuit would need to show either negligence or misconduct as well as verifiable financial losses to file a lawsuit.

Does texting while driving provide grounds for a claim in court?

Indiana prohibits distracted driving

You can potentially take civil action against a driver who uses their phone at the wheel. Indiana state law clearly declares that using a mobile device, even dialing the phone, is a traffic infraction. There is also a federal no-text rule that applies to those driving a commercial vehicle.

Given that the other driver broke the law and caused injury or property damage, they have liability and could face civil action in addition to any insurance claim or citation they have to handle. To bring a claim in court, you may need to prove your allegations of distracted driving.

How do you prove the other driver used their phone?

Even if the other driver doesn’t know that texting at the wheel is illegal, they probably realize that it is a negligent behavior. Most drivers will not openly admit to being the one who caused a crash when talking to the police afterward.

Thankfully, you could inform the police officer who arrives of your suspicions. They could potentially obtain phone records or even traffic camera footage validating your complaints. If you file a civil lawsuit, your lawyer may be able to obtain those phone records to help you prove your case.

Knowing the rules that apply after a car crash will make it easier for you to hold an irresponsible driver accountable.