A crash caused by a distracted driver leaves victims facing catastrophic injuries, rising medical costs, and an inability to work. Dealing with an insurance company on your own adds another layer of hardship. An Indiana distracted driving accident lawyer from Vaughn & Vaughn can navigate this complex process for you.
Our firm has protected the rights of Indiana families since 1913 and is ready to help you, too. Call us today for a free and confidential case review to discuss your options at (765) 202-9807, or contact our team online.
Why Choose the Indiana Distracted Driving Accident Lawyers from Vaughan & Vaughan?
Choosing a law firm is a big decision that will impact your financial recovery after a car crash in Indiana. Our approach, experience, and resources are built to handle serious injury cases and give you the personal attention you need.
Focused on You
Many large law firms run on a high-volume model. They sign up hundreds of cases and spread their staff thin. At Vaughan & Vaughan, we do the opposite. We intentionally limit our caseload so that each attorney can dedicate significantly more time and resources to every single client.
From day one, you’ll be assigned a dedicated Indiana distracted driving accident lawyer who will see your case through from start to finish. You won’t be passed off to a stranger, and you’ll never have to repeat your story.
A Legacy of Leadership in Indiana Law
For over a century and across four generations, Vaughan & Vaughan has served communities throughout Indiana. Our firm’s owner, Charles V. Vaughan, is a Board Certified Trial Lawyer, a distinction held by very few attorneys that signals the highest level of courtroom proficiency. He is also a Professor of Trial Advocacy who teaches other lawyers how to try cases.
As a former President of the Indiana Trial Lawyers Association and a recipient of the Indiana Trial Lawyer of the Year award, our firm’s leadership shows our deep commitment to advocating for the injured.
Our Connection to Indiana
Our roots are here in Indiana. We serve clients from our offices in Lafayette, Indianapolis, Carmel, Anderson, Kokomo, Muncie, Evansville, and we handle cases statewide. Let us put our local presence and legal background to work for you.
Call our team today at (765) 202-9807 or contact us online for a free consultation.
Your Case Will Get
The Attention It Deserves
How Does a Lawyer Prove a Driver Was Distracted?
One of the biggest challenges in these cases is proving the at-fault driver wasn’t paying attention. A driver will rarely admit to texting or using their phone. This is why a thorough and immediate investigation is critical.
As your Indiana distracted driving accident lawyer, our team acts quickly to find and preserve key evidence that can show what really happened. A strong case is built on facts, and our job is to uncover them.
The other driver might say they never saw you or that you stopped suddenly. We work to find evidence that tells the real story. This can include subpoenaing cell phone records to show texting or data use at the exact time of the crash. We also look for witnesses or video surveillance that can confirm that the driver was looking down or weaving on the road before the impact.
Our in-house former police lieutenant understands what to look for at the scene, from a lack of skid marks to the position of the vehicles. These details help us build a strong case that demonstrates the other driver’s lack of care.
Types of Distracted Driving You May Be Able To Sue For in INdiana
Distracted driving is more than just texting and includes any activity that takes a person’s focus away from the primary task of safely operating a vehicle. There are three main types of distractions:
- Visual Distractions: This includes anything that causes a driver to take their eyes off the road, such as looking at a GPS, watching a video, or turning to look at a passenger.
- Manual Distractions: This covers any action that forces a driver to take their hands off the steering wheel, including eating, drinking, reaching for an item, or programming a navigation system.
- Cognitive Distractions: This is when a driver’s mind isn’t focused on driving, even if their eyes are on the road. Examples include being lost in thought, talking to a passenger, or dealing with a stressful phone call.
Each of these distractions represents negligence that may make the driver who hit you responsible for paying for your damages and losses. For clarity on how the specifics of your accident factor into a personal injury claim, contact Indiana car accident injury attorneys for a free, confidential consultation.
There is no fee
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Who Is Liable for a Distracted Driving Car Crash in Indiana?
In most car accident cases, the person at fault is the one whose carelessness caused the crash. The law expects all drivers to operate their vehicles with reasonable caution to keep others safe on the road.
When a driver chooses to text, check social media, or do anything else that takes their attention away from driving, they’re failing to meet that standard of care. If their distraction leads to a collision that hurts someone, they’re typically held legally responsible for the damages.
Establishing this liability is the first step toward getting fair payment for your injuries. In some situations, however, other parties besides the driver may also be held responsible. The facts of each case are unique, which is why a complete investigation is so important.
Your Indiana distracted driving accident lawyer examines every angle to identify all potential sources of compensation. This detailed analysis is a key part of building a strong legal strategy from the very beginning.
Can an Employer Be Held Responsible?
If the distracted driver was working at the time of the crash, their employer may share liability. Holding an employer accountable often provides an additional source of insurance coverage, which can be critical in cases involving serious or catastrophic injuries that require long-term medical care.
For example, if a delivery driver was checking a work email or a salesperson was calling a client when the crash occurred, their company may be brought into the claim. This can also apply to trucking companies when a commercial driver causes a wreck.
What Compensation Is Available After a Collision With a Distracted Driver?
A serious injury affects every part of your life. It creates physical pain, emotional stress, and financial strain. The goal of a personal injury claim is to seek payment for these losses, both the ones with a clear price tag and the ones that are harder to measure. The law refers to these payments as damages.
Since every case is different, the specific damages available will depend on the unique facts of your situation. Calculating the full value of a claim is a detailed process that involves looking at not just your current losses, but also the costs you’ll face in the future.
Common damages include:
- Medical Bills: This covers payment for all past and future costs for your medical treatment, including hospital stays, surgeries, physical therapy, and prescription medications.
- Lost Wages: This covers the income you lost from being unable to work while you were recovering from your injuries.
- Loss of Future Earning Capacity: If your injuries permanently affect your ability to do your job or earn the same level of income as before, this covers that future loss.
- Property Damage: This is for the cost to repair or replace your vehicle and any other personal items that were damaged in the crash.
- Pain and Suffering: This provides payment for the physical pain, discomfort, and hardship you have endured because of your injuries.
- Emotional Distress: This addresses the significant mental and emotional harm caused by the accident, such as anxiety, fear, sleep loss, or depression.
- Loss of Enjoyment of Life: This is for the impact the injuries have on your ability to engage in and enjoy daily activities, hobbies, and social events that were part of your life before the crash.
Many of these damages are undervalued by insurance companies looking to protect their bottom line. To ensure your claim is valued for both current and future recovery needs, partner with an experienced attorney who can advocate for your right to the maximum compensation you may be eligible for under the law.
5 Steps To Protect Your Rights After a Car Crash in Indiana
The actions you take now can have a big impact on the outcome of your case. An insurance company will be watching what you do and say. It’s important to be careful and strategic as you move forward.
These steps can help you build a strong record and prevent the insurance company from taking advantage of the situation:
- Continue Medical Treatment: Follow all of your doctor’s orders, attend all physical therapy sessions, and fill all your prescriptions, as this documents the extent of your injuries.
- Document Everything: Keep a simple journal to track your daily pain levels, medical appointments, and any ways your injuries are affecting your life.
- Gather Your Records: Keep all of your medical bills, repair estimates for your vehicle, and any letters you receive from an insurance company in one organized file.
- Avoid Social Media: Don’t post anything online about the accident, your injuries, or your daily activities, as insurance companies can use this information out of context.
- Seek Legal Help: Contact an Indiana car accident lawyer at Vaughan & Vaughan immediately to protect your rights.
The most important step you can take is to seek advice from an experienced legal professional who focuses on these specific types of cases. A conversation with an Indiana distracted driving accident lawyer can give you clarity on your rights and help you avoid common mistakes that could harm your claim.
Getting this guidance early in the process gives you the information you need to make good decisions for yourself and your family. At Vaughan & Vaughan, your initial consultation is always free, and there is no obligation to hire our firm.
How Can an Indiana Distracted Driving Accident Attorney Make a Difference in Your Case?
When you’re recovering from an injury, the last thing you need is the stress of fighting an insurance company. Having a dedicated Indiana distracted driving accident lawyer on your side allows you to focus all of your energy on getting better. We handle every part of your claim so you do not have to, advocating for your interests from start to finish.
The unique structure of our firm provides several key advantages. With a former police lieutenant on staff, we can start investigating your accident right away, before crucial evidence is lost. Our Licensed Practical Nurse provides immediate insight into your medical journey, helping us understand and explain the full extent of your injuries.
And with a Board Certified Trial Lawyer and Professor of Trial Advocacy leading our firm, you have a team prepared to present your case effectively in and out of the courtroom. This combination of real-world knowledge and high-level legal skill isn’t something you’ll find at every law firm.
FAQ for Indiana Distracted Driving Accident Lawyer
What Is the First Step in Filing a Distracted Driving Claim in Indiana?
The first step is to get a free, no-obligation case review from a law firm that focuses on Indiana car accident cases. An attorney can listen to the details of what happened, review the police report, and explain your legal options. This meeting helps you understand your rights and what you may be able to expect moving forward without having to make any commitment.
What Kinds of Distractions Lead to Lawsuits?
Any action that pulls a driver’s visual, manual, or mental attention from the task of driving can be considered a distraction. While texting or talking on a cell phone are the most well-known examples, other distractions include using a GPS, adjusting the radio, eating or drinking, or interacting with other passengers. If any of these behaviors caused a crash that injured you, you may be able to file a personal injury claim in Indiana.
Do I Need an Indiana Distracted Driving Accident Lawyer if the Insurance Company Made Me an Offer?
It’s wise to speak with an Indiana distracted driving accident lawyer before accepting any offer. The insurance company’s initial offer is likely far less than the full value of a claim, especially if your injuries require long-term medical care.
An attorney can evaluate the offer and all the facts of your case to help you determine if it represents fair payment for all of your past, present, and future losses.
How Does Indiana’s Comparative Fault Law Affect My Case?
Indiana uses a modified comparative fault system, which means that you can still recover compensation if you share some of the blame for the accident. This rule reduces your final payment by your percentage of fault. However, if you’re found to be 51% or more at fault, you cannot receive any payment.
Insurance companies often try to use this rule to shift blame onto the victim to reduce what they have to pay. Vaughan & Vaughan can protect you against unfair allocations of blame.
Can I Still Bring a Case if I Cannot Prove the Other Driver Was on Their Phone?
Yes, you still may be able to bring a case even if you don’t have proof that the other driver was distracted. Your Indiana distracted driving accident attorney handles the investigation to collect the necessary evidence for your claim.
While direct evidence, such as cell phone records, is very helpful, distraction can also be shown through other facts. Witness testimony about erratic driving just before the crash, the driver’s own statements at the scene, or a lack of skid marks before impact can all point to a driver who wasn’t paying attention to the road.
Talk About Your Case For Free With Experienced Distracted Driving Accident Lawyers in Indiana
The team at Vaughan & Vaughan is here to help you understand your rights and explore all of your legal options. For over 100 years, our family has protected injured people across Indiana, and we’re ready to stand up for you. Let us put our experience to work for you.
For a free and confidential consultation, call us today at (765) 202-9807 or fill out our online contact form.
