- Vaughn A. Wamsley
- Last updated:
- Car Accidents
Every few seconds, a driver on an Indianapolis road looks down at a phone. At highway speeds, that glance is the length of a football field traveled blind. In 2024, distracted driving and speeding together produced more than 17,000 crashes and 230 deaths across Indiana, according to the Indiana Criminal Justice Institute and Indiana Department of Transportation.
Marion County (Indianapolis) consistently leads the state in hands-free citations. If you were hit by a driver who was texting, scrolling, or holding a phone, you have rights under Indiana law, and the clock is already running.
Key Takeaways
- Indiana recorded roughly 200,035 traffic collisions in 2024; distracted driving (any type) was a factor in more than 10,500.
- Indiana’s hands-free law (Indiana Code § 9-21-8-59) makes it illegal to hold or use a telecommunications device while operating a moving vehicle (Class C infraction, fine up to $500, points on license).
- Indiana uses modified comparative fault: you can recover if you are 50% or less at fault; at 51% or more you recover nothing.
- Most personal injury claims must be filed within two years (Indiana Code § 34-11-2-4).
- Evidence that wins these cases includes phone records, black-box/EDR data, traffic or dashcam video, and witness statements, often available only if preserved quickly.
Indiana Distracted Driving Statistics (2024 Crash Facts)
The Indiana Criminal Justice Institute’s Indiana Crash Facts 2024 (analyzed by Indiana University Public Policy Institute from ARIES data) shows the scale:
| Circumstance | Collisions | Share of Total |
|---|---|---|
| Total collisions | 200,035 | 100% |
| Distracted, any type | 10,587 | 5.3% |
| Distracted, cell phone | 1,183 | 0.6% |
| Alcohol-impaired | ~3,492 | 1.7% |
| Speed-related | ~15,028 | 7.5% |
Primary factor data also show driver distractions in 7,970 collisions (13 fatal). Officials separately note that distracted driving combined with speeding drove more than 17,000 crashes and 230 deaths in 2024. Hands-free citations hit a new high of 18,887 statewide in 2024, with Marion County leading.
Nationally, NHTSA data continues to show distraction as a factor in roughly 8% of fatal crashes and 13% of injury crashes. Young drivers (15 to 20) remain over-represented. Texting alone takes eyes off the road an average of five seconds, enough to travel the length of a football field at 55 mph.
How Distracted Driving Causes Crashes in Indianapolis
Common patterns we see on I-65, I-70, I-465, and surface streets:
- Rear-end collisions in stop-and-go traffic when a driver fails to notice brake lights.
- T-bone / red-light-running crashes at intersections.
- Lane departures and sideswipes.
- Pedestrian and cyclist strikes (especially near downtown and trail crossings).
Even hands-free conversations create cognitive distraction. Simulator studies have shown cell-phone users (handheld or hands-free) performing as poorly as or worse than drivers at the legal alcohol limit. Highways like I-65 see frequent issues from inattention combined with speed and construction.
Indiana’s Hands-Free Law Explained (IC 9-21-8-59)
Effective July 1, 2020, Indiana law states: a person may not hold or use a telecommunications device while operating a moving motor vehicle.
Allowed:
- Hands-free or voice-operated technology (Bluetooth, mounted device, voice commands).
- Holding the phone solely to call 911 in a genuine emergency.
Not allowed: Holding the phone for any reason (texting, scrolling, typing a destination, reading notifications) while the vehicle is moving. The law is a primary offense. An officer can stop you solely for holding the device.
The violation is a Class C infraction (fine up to $500 + court costs; points added to the driving record after July 1, 2021). Drivers under 21 face even stricter rules under separate statutes.
A citation is strong evidence of negligence in a civil claim, but it is not required. You can still prove distraction through other evidence.
Proving the Other Driver Was Distracted
Insurance companies often deny or minimize these claims. Effective evidence includes:
- Phone records/call and data logs (obtained via subpoena).
- Vehicle event data recorder (“black box”) data showing speed, braking, and steering. (Similar principles apply in truck accident black-box cases.)
- Traffic cameras, business surveillance, or dashcam footage.
- Witness statements (“I saw the driver looking at their phone”).
- Police report notations of observed distraction. (If the police report is wrong or incomplete, we address that early.)
- Spoliation letters demanding the other party preserve phone and vehicle data immediately.
An experienced Indianapolis accident attorney can send preservation letters and use discovery to obtain records the insurance company will not volunteer.
Liability and Indiana’s Modified Comparative Fault Rule
Indiana follows modified comparative fault (IC 34-51-2-6). You may recover damages if your share of fault is 50% or less; the award is reduced by that percentage. At 51% or more, you recover nothing.
Example: $200,000 in damages and 20% fault → you recover $160,000. Cross 50%, and the claim is barred.
Insurers frequently try to shift blame (“you stopped too suddenly,” “you were also on your phone,” “weather was a factor”). Thorough investigation and early medical documentation are essential. See also how two similar accidents can produce very different settlement outcomes based on fault, evidence, and injury severity.
What to Do Immediately After a Distracted Driving Crash
- Move to safety if possible and call 911. Request a police report.
- Seek medical attention even if you feel “fine.” Many serious injuries (concussion, soft-tissue, internal) appear later. Gaps in treatment are used against you. Watch for signs of a concussion or spinal cord injury.
- Document the scene: photos of vehicles, damage, skid marks, traffic signals, and any visible phone in the other driver’s hand.
- Collect witness names and contact information.
- Do not give a recorded statement to the other driver’s insurance company.
- Contact an attorney before speaking with any insurer. Early action preserves phone records, video, and black-box data that can disappear quickly.
- Watch your social media. Posts can destroy or weaken your claim.
Common Injuries and Damages
Rear-end and T-bone crashes frequently cause:
- Whiplash and soft-tissue injuries
- Herniated discs and spinal injuries
- Traumatic brain injuries/concussions
- Broken bones
- Internal injuries
Recoverable damages under Indiana law can include past and future medical expenses, lost wages and earning capacity, pain and suffering, and, in wrongful death cases, additional statutory damages. Settlement values vary widely. Review average personal injury settlement ranges by injury type for context.
Frequently Asked Questions
Is texting and driving illegal in Indiana?
Yes. Holding or using a telecommunications device while operating a moving vehicle is prohibited under IC 9-21-8-59.
Can I still recover if the other driver was not cited?
Yes. Civil claims rely on evidence of negligence, not solely on a traffic citation.
What if I was partially at fault?
You can still recover if you are 50% or less responsible. Your recovery is reduced by your percentage of fault.
How long do I have to file a lawsuit?
Generally, two years from the date of the crash (IC 34-11-2-4). Shorter notice deadlines apply if a government vehicle or employee is involved.
Does hands-free use still create liability?
Potentially yes. Cognitive distraction from a phone conversation can still support a negligence claim even if the driver was not holding the device.
Protect Your Rights Before Evidence Disappears
Distracted driving claims succeed when evidence is preserved early and the insurance company is held to account. Every hour of delay gives the other side an advantage. Witnesses’ memories fade, phone data is overwritten, and medical gaps appear.
Vaughn A. Wamsley has represented thousands of injured Hoosiers for more than 30 years. He understands what it is like to be on the receiving end of an insurance company after a serious crash. The firm works on a contingency fee. You pay nothing unless we recover compensation for you. Review client testimonials and case results to see the difference experienced representation makes.
If you or a loved one was injured in a distracted driving crash in Indianapolis, Carmel, or anywhere in central Indiana, contact us today for a free consultation. Call 317-846-1080 or schedule online.
Reviewed by Vaughn A. Wamsley, Esq.
Attorney at Law | Indiana Bar Admission 1988 | U.S. District Court Southern & Northern Districts of Indiana
30+ Years Experience | Personal Injury Focus | protectyourrights.com
Review Date: November 2, 2026
About the Author
Vaughn A. Wamsley
Vaughn A. Wamsley is the founder of the law office of Vaughn A. Wamsley, an Indiana personal injury law firm with offices in Carmel and Indianapolis. Admitted to the Indiana bar in 1988 and to the U.S. District Courts for the Southern and Northern Districts of Indiana in 1989, he has spent more than 30 years helping injured people recover fair compensation from insurance companies. He is a sustaining member of the Indiana Trial Lawyers Association and a graduate of Indiana University Bloomington.