Distracted Driving Car Accident Lawyer in Fishers
If you were hurt because another driver took their eyes, hands, or mind off the road, you deserve a Fishers distracted driving car accident lawyer who knows how to prove distraction and get results. Our firm represents people injured in Hamilton County and across Central Indiana after crashes caused by texting, handling a phone, using in-car apps, eating, or any other behavior that pulls attention away from driving. We build clear, fact-based cases and press for full compensation while you focus on your health.
Why Clients Choose Vaughn Wamsley And Our Team
Vaughn Wamsley has practiced law in Indiana for more than three decades and is admitted to practice in the U.S. District Courts for the Northern and Southern Districts of Indiana. He earned his J.D. from Indiana University after undergraduate studies in finance at Indiana University Bloomington. His commitment to injury victims is personal: as a teenager, he was seriously injured in a crash, an experience that shaped his decision to advocate for the injured. Over his career he has helped clients recover millions of dollars, including seven-figure results, and he has built a reputation for thorough preparation and client-first service.
When you hire us, you get an experienced distracted driving auto accident attorney in Fishers who understands both the law and the realities of proving distraction. We act quickly to secure evidence, manage communications with insurers, and position your claim for negotiation or trial.
Indiana Law On Distracted Driving
Indiana prohibits drivers from holding a mobile device while a vehicle is in motion. Drivers may use hands-free technology, but manipulating a phone with the hands is unlawful and can lead to enforcement and penalties. The goal is simple: keep hands on the wheel and attention on the road.
On a national level, distracted driving continues to cause preventable tragedies. In 2022, 3,308 people were killed and an estimated 289,310 were injured in crashes involving distracted drivers, according to the National Highway Traffic Safety Administration.
Where And When Distraction Tends To Strike
Data from the Indiana University Public Policy Institute shows that distracted collisions peak during the noon to 5:59 p.m. window, with elevated levels from 6 to 11:59 a.m. on Sundays. Rear-end crashes, which are frequently associated with inattention, account for the largest share of all crashes statewide.
For families living and working around Fishers, that pattern tracks what we see on busy corridors like I-69 and State Road 37 during lunch hours and the evening commute. Our role is to connect that pattern to the evidence in your case.
What Counts As Distracted Driving
Distraction is any behavior that diverts attention from safe driving. Common examples include:
- Texting or typing into a phone
- Reading emails or notifications
- Scrolling social media or using apps
- Dialing or searching contacts without hands-free
- Entering navigation addresses while moving
- Eating, grooming, or reaching for items
- Adjusting in-car systems that require prolonged attention
These behaviors are dangerous because human attention cannot safely juggle a moving vehicle and another task at the same time. NHTSA classifies distraction as visual, manual, or cognitive, and texting involves all three.
How We Prove A Distracted Driving Crash
Every case is built on evidence. As your car wreck lawyer in Fishers, IN, we move fast to preserve and analyze proof that shows exactly what the other driver was doing:
- Phone Evidence
We send preservation letters to carriers and, when appropriate, pursue phone records, usage logs, and app data that can place a call, text, or scroll at the moment of impact. - Vehicle And Scene Data
Many vehicles store event data such as speed, throttle, and braking. Combined with airbag control module data, skid mark analysis, and crush profiles, we can show late or absent braking typical of distraction. - Video
We canvas for nearby dash cams, business surveillance, residential doorbell cameras, and traffic cameras. A few seconds of footage can resolve disputed facts. - Witness Accounts
Independent witnesses who saw a device in hand or a driver looking down are critical. We contact them promptly before memories fade. - Police Documentation
Indiana crash reports include primary factors and collision circumstances. Entries consistent with distraction, coupled with physical evidence, strengthen the claim. Statewide reports note when distraction spikes occur, supporting our theory of the case. - Defendant Admissions
Post-crash statements, social media posts, and insurance interviews sometimes contain telling admissions. We secure and preserve them properly.
Damages You Can Recover
A successful claim can include compensation for:
- Emergency care, hospitalization, surgery, and follow-up treatment
- Physical therapy, occupational therapy, and rehabilitation
- Prescription medications and medical devices
- Lost wages and diminished future earning capacity
- Vehicle repair or total loss value
- Pain, suffering, and loss of enjoyment of life
- Scarring, disfigurement, and permanent impairment
- Loss of consortium for spouses
In rare cases involving egregious conduct, punitive damages may be available to punish and deter. Indiana caps punitive damages at the greater of three times compensatory damages or 50,000 dollars.
Deadlines And Fault Rules That Affect Your Case
- Statute Of Limitations
Most Indiana personal injury lawsuits must be filed within two years of the date the claim accrues. There are limited exceptions, so it is best to speak with a Fishers, Indiana accident attorney as soon as possible. - Comparative Fault
Indiana follows a modified comparative fault rule. If you are more than 50 percent at fault, you are barred from recovery. If you are 50 percent or less at fault, your compensation is reduced by your percentage of responsibility.
We will explain how these rules apply to your facts and take steps to protect your rights well before any deadline.
What To Do After A Distracted Driving Crash In Fishers
Use this checklist to protect your health and preserve your claim:
- Move to safety and call 911. Request medical evaluation even if you feel okay.
- Photograph vehicles, damage, the roadway, skid marks, weather, and anything in the other driver’s hands or console.
- Collect contact information for witnesses.
- Avoid discussing fault at the scene.
- Do not give a recorded statement to the other driver’s insurer before speaking with us.
- Save your phone in its post-crash state. Your own call logs, photos, and location data can help establish the timeline.
- Contact our office so we can send evidence preservation notices immediately.
Our Litigation And Settlement Strategy
Not every case must go to court, but preparing like it will often produces the best settlement.
- Early Liability Lockdown
We secure phone and video evidence before it disappears, retain experts when needed, and pin down the defense story through sworn statements. - Medical Proof Of Harm
We coordinate with your physicians to document diagnoses, objective findings, and future care needs, then convert those into clear damages models. - Insurance Negotiations
We handle communications, present a comprehensive demand with evidence exhibits, and negotiate firmly. If the carrier minimizes the seriousness of distraction or your injuries, we file suit and continue toward trial. - Trial Readiness
Jurors understand distraction because they see it daily. We use demonstratives, phone-use timelines, and human factors testimony to make the danger real and the fault unmistakable.
How Distraction Shows Up In The Evidence
To make this article practical, here are patterns we commonly document:
- Rear-End Collisions With Late Braking
EDR downloads and lack of skid marks help show a driver never reacted in time. Rear-end crashes are the single largest category of Indiana collisions, consistent with inattention. - Side-Swipes And Lane Departures
Phone records aligning with a drift across lane markings are persuasive. - Intersection Violations
Disregarded signals or signs, often during message checking, appear both in police narratives and in the timing shown by device logs. - Time-Of-Day Correlation
Calls and messages during the afternoon peak align with statewide spikes in distracted crashes.
Answers To Common Questions
Is Looking At A Map App Illegal In Indiana?
Holding the phone while driving is prohibited. Drivers may use hands-free technology, but typing addresses or scrolling while the vehicle is moving can violate the law and will be evidence of negligence.
What If The Other Driver Denies Using A Phone?
We do not rely on admissions. We combine carrier records, app logs where obtainable, vehicle data, video, and witness statements to build a proof-based timeline.
What If I Might Be Partly At Fault?
You may still recover if your share of fault is 50 percent or less, although your award would be reduced by that percentage. If fault exceeds 50 percent, recovery is barred under Indiana’s comparative fault statute.
How Long Do I Have To File?
Most personal injury cases in Indiana have a two-year statute of limitations. There are exceptions, especially for minors or claims involving government entities. We recommend contacting us quickly so we can confirm the correct deadline.
How Our Team Supports You Throughout The Case
We handle the legal work so you can focus on healing:
- Coordinating medical care and billing issues, including lien resolution
- Documenting wage loss and employer corroboration
- Helping with rental and repair issues
- Providing regular updates with clear next steps
- Preparing you thoroughly for any deposition or hearing
- Standing by you at each milestone, from demand to settlement or verdict
Results-Focused Representation With Local Insight
Our firm combines Vaughn Wamsley’s decades of experience with a team approach that emphasizes preparation and communication. Clients choose us for our knowledge of Indiana law, our ability to reconstruct what happened, and our drive to hold distracted drivers accountable. Vaughn’s background, education, and long record of client advocacy reflect a deep commitment to Hoosier families harmed by careless driving.
Speak With A Fishers Distracted Driving Lawyer Today
If you or a loved one was injured by a distracted driver, we are ready to help. Contact us to talk with a Fishers distracted driving car accident lawyer about your options. As your trusted Fishers, Indiana accident attorney, we will investigate quickly, protect your rights, and pursue the full compensation you deserve.