How Distracted Drivers Hurt Drivers and Pedestrians

November 10, 2017 | Pedestrian Accidents

One of the most significant dangers of the road—one that continues to garner more attention—is distracted driving. Distracted drivers endanger everyone on the road, but walkers and bikers are especially vulnerable to catastrophic injuries when distracted drivers get behind the wheel. And cell phone use while driving constitutes one of the worst distractions, one that can cause devastating injuries to innocent people.

You can, however, receive compensation for injuries caused by a distracted driver. And with some effort, an attorney can prove when a driver is distracted at the time of the accident—including whether the driver was using a cell phone.

Distracted Driving

Driving is serious, and every driver should pay full attention to the important task at hand—driving safely. The distracted driving problem has become so pronounced that the federal government maintains, a distracted driving website. This site identifies distracted driving as any driving when the driver’s attention isn’t fully engaged in driving. The site breaks distractions into:

  • Visual distractions that engage the driver’s vision
  • Manual distractions that engage the driver’s hands
  • Cognitive distractions that engage the driver’s thought processes


Texting: The King of All Distractions

Texting is a uniquely dangerous distraction because it simultaneously engages all three distraction classifications. In fact, the Virginia Tech Transportation Institute (VTTI) reports that text messaging while driving is 20 times riskier than driving while not using a phone. When drivers choose to text, they not only endanger themselves but also every other driver and passenger with whom they share the road.

Proving Distraction

Indiana, unlike many other states, doesn’t have a law against using handheld devices, such as phones, while driving. It does, however, ban all texting. If you were injured in an accident caused by a distracted driver, that driver unfortunately is unlikely to volunteer that he was distracted. It falls on you—the injured victim—to show that the other driver’s distracted negligence caused your injuries. An experienced Indiana accident attorney can help prove the driver was using a cell phone, or was otherwise distracted, at the time of the accident.

Important factors at the scene of the accident can bolster your claim:

  • Police reports
  • Eyewitness testimony
  • Expert testimony (based on facts from the scene of the accident)
  • Surveillance tapes (as applicable)
  • Cell phone records (related to the time of the accident)
  • Physical evidence found in the car or at the scene
  • Accident reconstruction findings

If a distracted driver injured you in any type of accident, you deserve just compensation—and you need a skilled Indianapolis accident lawyer.

Contact the Fountain Law Firm Today to Speak to an Indianapolis Accident Lawyer

At the Fountain Law Firm, P.C., we have successfully helped many accident victims obtain the compensation they deserve for their injuries and related losses—including from drivers who used cell phones to talk or text when they injured someone else. To make sure that you receive all the compensation to which you are entitled, have an experienced accident attorney handle your case. Attorney Merry Fountain can help you today by meeting in her office or by meeting in your home. Call Merry Fountain anytime at (888) 242-HURT (4878) for a free consultation.