Nearly every state has some kind of hand-held cellphone or texting ban for drivers. However, it’s not unusual to look around and see drivers using their devices with their eyes off the road and a hand off the steering wheel. These drivers increase the risk of a crash from two to six times, based on multiple studies.
Indiana enacted a new law in 2020 after an earlier law was ruled unenforceable by an appeals court. That’s because it addressed only the act of texting while driving. That means police had to show that someone was holding their phone to text rather than talk to cite them under the law.
The law doesn’t cover hands-free technology use
The current law prohibits holding or using a phone or other electronic device while driving for any purpose (other than calling 911 in an emergency). Any communication must be done “in conjunction with hands free or voice operated technology.”
Of course, even using hands-free technology in the vehicle to talk on the phone, send a text or email, program their GPS or select music or a podcast can still take a driver’s attention off the road. While it’s safer for drivers to take care of those things before they get on the road (or at least pull over somewhere safe), many people believe they can safely drive and handle these things simultaneously and pride themselves on their ability to multitask.
Why proving hand-held device use isn’t easy
While it might seem obvious that a driver who was using a hand-held device at the time of a crash was responsible for it, proving it can be a challenge. Under the law, police cannot confiscate a device or “extract or otherwise download information” from it without the driver’s consent or a valid search warrant to determine whether they were using it at the time of the crash.
If the driver did something reckless or negligent to cause the crash, however, they can still be held liable even if it can’t be proven that they were on their phone at the time. Those injured in crashes caused by distracted drivers should never assume that proving fault is easy. It’s best to get experienced legal guidance to seek compensation from the liable driver for medical costs and other expenses and damages.
