Effective today, it is now illegal to text or email and drive in Indiana. Doing so is now an infraction subjecting the unsafe and negligent driver to a $500 fine. It is hoped that the new law will lessen driver distraction and decrease many car accidents caused by the failure of drivers to keep a proper lookout as they read, text and drive.
Indiana lawmakers indicated that the law against texting will prevent many auto accidents especially among teenagers that can cause serious injuries, damages and even wrongful deaths. However, the law does not prohibit game playing, picture taking and even surfing while driving!
Fortunately, Indiana has other laws that an injury lawyer can rely upon in helping clients. A distracted driver may not realize that they are speeding or approaching areas that require speed reduction for the safety of other drivers and their own passengers. The Indiana Vehicle Code requires that the driver of each vehicle shall, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, approaching and going around a curve, or hill crest, while traveling upon a narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
The Indiana Code also requires a driver to recognize and note actual and potential hazards then existing and adjust his or her dirving accordingly. Speed must be restricted as necessary to avoid colliding with a person, vehicle, or other conveyance on, near, or entering a highway in compliance with legal requirements and with the duty of all persons to use due care. A distracted driver by defintition is not using due care and may not be able to recognize the hazards and conditions on the road.
Passengers can be held responsible also. If a passenger is using the playing games on the phone with the driver or showing texts or material with the driver on the phone, the passenger can be sued. A passenger in a vehicle or street car may not interfere with the person’s control over the driving mechanism of the vehicle or street car.
Victims who have suffered injuries caused by drivers using their cell phones for activities other than emailing and texting are entitled to compensation for damages that may include lost wages, medical expenses, disability, disfigurement and pain and suffering.
Attorney Burton A. Padove represents car and truck crash and accident victims throughout Indiana and Illinois including Lake, Jasper, Newton, Porter and Cook Counties. He is located in Highland Indiana and can be contacted at (219) 836 2200 His email is padovelaw@gmail.com. For more information visit his website at www.indianpersonalinjurylawyer.net or www.padovelaw.com.