Indiana, like other states, has experienced an epidemic of distracted driving accidents since the use of portable electronic communications devices has become popular. Some sources estimate that texting and driving increases the odds of an accident by more than 2,000 percent. In addition to the physical danger, the Indiana legislature has made sure that a perpetrator faces legal dangers as well.
Indiana’s Distracted Driving Restrictions
Indiana drivers may not text and drive (this ban includes reading, sending and typing). Unlike many states, no special restrictions apply to school bus drivers. Drivers under 21 are prohibited from using all cell phones, including hands-free models such as Bluetooth. An exception to the foregoing restrictions exists for a bona fide emergency. Use this exception sparingly – Indiana law is vague as to what exactly constitutes a “bona fide emergency”. Individual cities and towns might enact their own distracted driving laws that could be even more restrictive.
The foregoing restrictions do not apply to communications systems installed in 18-wheeler trucks, such as CB radio systems. Please also note that a police officer may not confiscate your electronic device to use as evidence against you or to determine whether or not it is subject to distracted driving restrictions (whether or not it is a “hands-free” model, for example). The maximum penalty for violating Indiana’s distracted driving law is $500, one of the nation’s highest.
If Distracted Driving Caused the Accident in Indiana
Violating the distracted driving law is considered “negligence per se” in Indiana. This means that if there is an accident and you are sued, if the other side can prove you violated the distracted driving statute (regardless of whether you were cited at the time of the accident), they can shift the burden of proof to you – you will have to prove you were not negligent.
Even if you are an over-21 driver using a hands-free model (not a violation of the statute), the other side could still possibly show that you were acting negligently under the circumstances. If your negligence caused the accident, you will have to pay damages.
Alternatively, suppose that you sue the other driver and he proves that you were texting and driving at the time of the accident, therefore partially causing the accident. If the court rules you were 30 percent at fault, you will lose 30 percent of your damages. If the court rules that your fault was 51 percent or greater, you will lose all of your damages, and you might even have to pay damages to the other driver.
Criminal Penalties
It is unusual for criminal charges to be filed against a negligent driver over a distracted driving accident, but it is possible under Indiana law. Indiana law distinguishes between “ordinary negligence”, which justifies a lawsuit, and “criminal negligence”, which justifies criminal charges (and will justify a lawsuit as well).
The dividing line between the two forms of negligence is fuzzy – taking your eye off the road for five seconds to check your text messages probably won’t justify criminal charges in most situations, but taking your eyes off the road for 30 seconds might. Distracted driving plus a simultaneous violation, such as speeding, might also add up to criminal negligence – it all depends on the circumstances, the court and the skill of the lawyers involved.
– Updated through September 1, 2016