April Is Distracted Driving Awareness Month
Distracted driving has become a growing concern on Indiana roads, with more crashes and near-misses tied to drivers using smartphones and other devices behind the wheel. On July 1, 2020, Indiana's hands-free law went into effect to help combat the growing risk of distracted driving accidents. This law made it illegal to hold a smartphone, tablet, or any similar device while driving. The goal was to cut down on distractions and make Indiana’s roads safer for everyone.
April is Distracted Driving Awareness Month—a time to recognize the real dangers of multitasking behind the wheel. If you or someone you love was injured because another driver broke Indiana’s hands-free law, you have the right to seek compensation for your medical bills, lost wages, and other crash-related expenses. A skilled Indiana distracted driving accident lawyer from Glaser & Ebbs can help you hold the negligent driver accountable and pursue the compensation you deserve.
Why did Indiana pass the hands-free driving law?
Back in 2011, Indiana banned texting while driving. While this was originally meant to curb distracted driving, the law was too narrow and hard to enforce. In fact, the 7th Circuit Court of Appeals ruled that it just wasn’t effective.
The new hands-free rule is a lot simpler and much easier for police to enforce. If you’re driving, you can’t hold your phone at all. If you need to use it, you’ve got to go hands-free or use voice commands.
This change was a big priority for Governor Eric Holcomb in 2020. It had strong support from both political parties, and the General Assembly passed it without much resistance. Holcomb signed it into law on March 18, 2020.
Is there data to back up the hands-free driving law?
Across the country, crashes and road deaths have gone up in recent years, and distracted driving is a major reason why. Research shows that hands-free laws can make a real difference. In fact, states with these laws saw traffic deaths drop by about 16% on average. That’s according to the National Safety Council and the Insurance Federation, using data from the National Highway Traffic Safety Administration.
Studies have found that drivers' chances of getting in a crash are 2 to 6 times higher if handling a cellphone while driving. When someone’s texting, they typically take their eyes off the road for 5 full seconds. When driving 55 mph, that’s like going the length of a football field with eyes closed.
Out of the 15 states (plus Washington, D.C.) that had hands-free laws before 2018, 12 saw a drop in traffic fatalities within two years of passing them. Two didn’t have enough data to report results, but the overall trend is that these laws save lives.
How common is distracted driving in Indiana?
One recent study found that US 24 in Indiana was among the top highways nationwide with the highest distraction rates. This tells us that not all Indiana drivers follow the hands-free law, and that’s part of the ongoing challenge. Even though the law clearly bans holding a phone or similar device while driving, many drivers still break the rule, whether out of habit, distraction, or simply thinking they won’t get caught.
For example, some drivers still use their phones in plain sight, especially at stoplights or in slow traffic. Others try to hide it by glancing down at their laps to text or scroll.
What are the four types of distracted driving?
Distracted driving typically falls into four main categories, each representing a different way a driver’s attention can be pulled away from the road. However, many distracted driving incidents involve more than one of these categories. For example, texting while driving is especially dangerous because it combines visual, manual, cognitive, and auditory distractions all at once. That’s why it’s considered one of the most hazardous behaviors behind the wheel.
Visual distraction
Visual distraction happens when a driver takes their eyes off the road. Even just a quick glance away can increase the risk of a crash. Common examples include looking at a phone screen, reading a text message or GPS directions, or turning to look at a passenger or something happening outside the vehicle. Any moment spent not watching the road can lead to a dangerous situation.
Manual distraction
Manual distraction occurs when a driver removes one or both hands from the steering wheel. This can make it harder to control the vehicle or react to sudden changes. Examples of manual distractions include holding a phone, eating or drinking while driving, or adjusting controls like the radio or air conditioning. These actions might seem harmless, but they reduce a driver’s ability to respond quickly.
Cognitive distraction
Cognitive distraction occurs when a driver’s mind isn’t focused on driving. Even if their eyes are on the road and their hands are on the wheel, their attention might be elsewhere. Daydreaming, getting lost in thought, talking to passengers, or worrying about personal issues are all examples of cognitive distraction. Mental focus is just as important as physical control behind the wheel.
Auditory distraction
Auditory distraction involves sounds that take a driver’s attention away from the road. This could be loud music, phone notifications, or conversations that require deep attention. While sounds alone might not seem as risky, they can interrupt a driver’s concentration and contribute to delayed reactions.
How can a lawyer prove the at-fault driver was distracted?
Proving that distracted driving caused your car accident typically requires the following pieces of evidence:
- Cellphone records: If the driver was using their phone at the time of the crash, phone records can confirm whether they were texting, calling, or using apps. However, getting access to these records usually requires a subpoena or court order.
- Witness statements: Bystanders, passengers, or other drivers may have seen the distracted driver looking down, swerving, or doing something other than focusing on the road.
- Police reports: If the responding police officer suspects distracted driving, they may include their observations in the crash report. This might be a phone in the driver’s lap, open food containers, or signs of inattentiveness.
- Surveillance or dashcam footage: Video from traffic cameras, security systems, or dashcams can be especially powerful. It might show the driver using a phone, eating, reaching for something, or otherwise behaving erratically before the crash.
- Vehicle data: Modern vehicles often contain onboard data systems that track behavior such as speed, braking, and steering patterns. Sudden changes or delayed reactions can support claims that the driver was distracted.
Our Indiana attorneys can fight for every dollar you deserve
If you’ve been hurt in a car accident caused by a distracted driver, you might be overwhelmed, frustrated, and unsure of what to do next. That's why the distracted driving accident lawyers at Glaser & Ebbs are here to help. With over 100 years of combined experience, our Indiana legal team has stood up for crash victims across Fort Wayne, Indianapolis, and beyond. We know how to dig into the details to build a strong case and fight for the compensation you deserve.
Our attorneys are ready to listen, answer your questions, and walk you through your potential legal options. Your consultation is completely free, and you pay nothing unless we win your case. To find out how we can help, contact us today to schedule a free, no-obligation consultation.
“They are very helpful, very professional, and polite. They made sure I understood everything that would happen in my case from the beginning to the end.” - T.D., ⭐⭐⭐⭐⭐