Fearless Advocacy for Families Injured by Negligent Driving Since 1913
Lafayette is a city in motion. From the bustling student traffic near Purdue University to the heavy commercial flow on Sagamore Parkway, our roads are more congested than ever. Unfortunately, this growth has brought a dangerous epidemic: distracted driving. In the split second it takes for a driver to glance at a phone notification while traveling down State Road 26 or Creasy Lane, a life can be irrevocably changed.
At Vaughan & Vaughan, we have been a fixture of the Lafayette and greater Indiana legal community for over 110 years. Our firm was founded right here in 1913, and through three generations of the Vaughan family, we have served as a fearless shield for those injured by negligence.
We understand that a distracted driving accident isn’t just an unfortunate event; it is a violation of the safety our community depends on. If you are struggling with medical bills and lost wages after a crash caused by a negligent driver, our Lafayette distracted driving accident lawyers are here to provide the aggressive legal representation you need to move forward.
Your Case Will Get
The Attention It Deserves
Why You Should Choose Vaughan & Vaughan for Your Lafayette Distracted Driving Injury Claim
Distracted driving cases require more than just a surface-level investigation. Proving that a driver was looking at a screen or another passenger rather than the road requires technical skill and a car accident lawyer with deep local roots and investigative experience.
When you choose Vaughan & Vaughan to handle your injury claim, you’ll receive these benefits:
- Lafayette’s Board-Certified Trial Leader: Attorney Charles V. Vaughan is board-certified in Civil Trial Law and Civil Practice Advocacy by the National Board of Trial Advocacy. Fewer than 20 attorneys in the state of Indiana hold this prestigious certification. When you are up against a powerful insurance company that wants to minimize your recovery, having a board-certified trial advocate in your corner is a massive advantage. We prepare every case to present to a Tippecanoe County jury, where we’ll request the maximum compensation possible under the circumstances.
- Technical Insight with a CDL Advantage: Many distracted driving incidents on I-65 and other highways involve commercial trucks. Attorney Charles J. Vaughan holds a Class A Commercial Drivers License (CDL). His firsthand knowledge of the technology inside a cab—from ELDs to dispatching systems—allows us to identify when professional drivers prioritize deadlines over safety and when they may have been distracted from the road due to work-related pressures.
- A Century of Proven History: We have called Lafayette home since 1913. From our headquarters downtown, we have navigated every major shift in Indiana law. We possess the resources and the reputation to challenge the largest insurance corporations in the country on behalf of our clients.
- 24/7 Availability: We know that distracted driving crashes don’t follow a 9-to-5 schedule. We are available day and night to take your call and begin securing evidence, such as dashcam footage and witness statements, before they are lost or destroyed.
- No Fees Unless We Win: We represent injury victims on a contingency fee basis. We advance all litigation costs, and you only pay for our legal services if we successfully recover money for you.
There is no fee
unless you win
What Damages Can I Request in a Distracted Driving Case?
Under Indiana law, the term “damages” refers to the financial compensation you are entitled to receive to cover your losses. In a distracted driving crash, the impacts are often catastrophic because the negligent driver frequently fails to brake before impact—making it critical to work with an experienced personal injury lawyer who can fully document the harm you’ve suffered.
We can aggressively pursue recovery for:
- Comprehensive Medical Expenses: We’ll pursue coverage for emergency care at facilities such as IU Health Arnett or Franciscan Health Lafayette, as well as surgeries, physical therapy, and future medical monitoring.
- Lost Wages and Future Earning Capacity: We fight to recover every dollar of income you lost while hospitalized and the lifetime of earnings you lose if you are unable to return to your previous career.
- Pain and Suffering: This compensates for the physical agony and the mental trauma of the accident.
- Loss of Quality of Life: If your injuries prevent you from enjoying Lafayette landmarks like Columbian Park or participating in family traditions, you deserve compensation for these types of profound loss.
The Basics of Lafayette Roadways and Distraction Laws
Distracted driving is a significant problem in Tippecanoe County. Whether it is a driver checking a map near Wabash Landing or someone texting while merging onto US-52, the risks are everywhere. According to data from the Indiana Criminal Justice Institute, distracted driving remains a leading cause of collisions across our state.
Indiana’s Hands-Free Law
As of July 1, 2020, Indiana law (Indiana Code § 9-21-8-59) prohibits drivers from holding a mobile device while their vehicle is in motion. Despite this, digital distraction remains a pervasive issue. We use subpoenaed cell phone records and digital forensic data to prove a driver was violating this law at the moment they hit you.
Modified Comparative Fault
Indiana follows a 51% rule for negligence. This means you can still recover damages even if you were partially at fault for the accident, provided your fault is not greater than 50%. Insurance companies often try to shift the blame to injury victims to lower their payouts. We use our 110 years of experience and tenacity to push back and keep the focus where it belongs: on the driver who was too distracted to operate their vehicle safely.
The Two-Year Statute of Limitations
In most Lafayette car accident cases, you have only two years from the date of the accident to file a car accident lawsuit. If your accident involved a government vehicle or took place on city-owned property, your time to file a formal notice could be much shorter. It is vital to contact our team early to ensure all legal deadlines are met.
Identifying the Many Forms of Driver Distraction
While cell phone use is the most common form of distraction, it is not the only one. We are prepared to handle cases involving:
- Visual Distraction: When a driver takes their eyes off the road to look at a GPS or in-car entertainment systems.
- Manual Distraction: When the driver removes their hands from the wheel to eat, drink, or reach for items in the passenger seat.
- Cognitive Distraction: When a driver’s mind is not on the road, which can occur due to heated conversations or stressful work calls.
Even if a driver claims they never saw you, our investigation focuses on why they failed to see you. Whether they were looking at a phone or distracted by passengers, we seek the truth to hold them accountable.
Let Us Fight Back Against Insurance Adjusters
Insurance companies are focused on their bottom line. They may contact you shortly after your accident, even while you are still in a hospital bed, offering a quick settlement. These offers are almost always lowball figures designed to make your claim go away cheaply before you realize the full extent of your injuries.
At Vaughan & Vaughan, we serve as a shield between you and the insurance adjusters. We handle every phone call and every negotiation. Because of Attorney Charles V. Vaughan’s board certification, insurers know that if they don’t treat you fairly, we are ready to take them to trial.
Actions to Take Following a Lafayette Accident
If you are recovering from a crash at home or in an area hospital, the choices you make now are critical for your legal recovery. Follow these steps as soon as you are able to protect your rights:
- Contact the team at Vaughan & Vaughan: The sooner we are involved, the faster we can investigate and gather evidence. We can also issue a “spoliation letter” to ensure the other driver’s mobile carrier preserves their data from the time of the collision.
- Strict Compliance with Medical Advice: Insurance adjusters look for any gaps in your medical treatment to argue that you weren’t seriously hurt. Attend every appointment at your medical provider.
- Request the Police Crash Report: We can obtain your report to verify its accuracy. We’ll review it for any mention of mobile device use or citations issued to the other driver to help build your claim.
- Preserve Digital and Physical Evidence: Keep your damaged clothing, save any dashcam footage, and do not delete any messages or photos from the day of the accident.
- Journal Your Pain Levels: Document how your injury affects your daily life, your ability to sleep, and your time with family. This helps us quantify non-economic damages.
- Refrain from Social Media Usage: Insurance investigators monitor your public profiles. Even a photo of you smiling at a visitor can be used to argue that your suffering is minimal.
FAQs About Lafayette Distracted Driving Claims
What if the driver says they were using their phone for a “hands-free” emergency?
While Indiana law has certain narrow exceptions for calling 911 in an emergency, it does not give drivers a blank check to ignore the road. If the driver’s “emergency” use led to them striking your vehicle, they can still be held liable for your injuries. We meticulously check time stamps and phone logs to see if their explanation matches the digital facts.
Can I still file a claim if the police didn’t issue a ticket for texting?
Yes. A police officer did not witness the distraction that caused your injury. They can only report their observations and assumptions about traffic law violations. Many distracted drivers hide their phones immediately after a crash. We utilize civil discovery, which enables us to subpoena phone records and app usage data, to uncover evidence of distraction that the police may have overlooked at the scene.
Is the driver’s employer liable if they were on a work call?
In many cases, yes. Under the legal principle of vicarious liability, a company can be held responsible for an accident caused by an employee who was acting within the scope of their employment. If an employer requires workers to stay constantly available via phone or app while driving through Lafayette, that company may share the fault for the crash.
How do you prove distraction if there were no witnesses?
We look for patterns in the evidence. If there were no skid marks at the scene, it suggests the driver never looked up to brake before impact. We also look for surveillance footage from nearby Lafayette businesses or doorbell cameras that may show the driver’s behavior in the seconds leading up to the collision.
Contact Our Dedicated Lafayette Distracted Driving Lawyers to Learn More Today
When your life has been disrupted by a driver’s reckless decision to look at a screen instead of the road, you need a firm with decades of litigation experience in your corner. Trust the board-certified leadership and family-centered dedication of Vaughan & Vaughan. We are ready to stand as your advocate and fight for the justice you deserve.
Call our Lafayette headquarters 24/7 at (765) 742-0056 or fill out our online contact form for your free, no-obligation consultation.
