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Distracted Driving Accident Attorney in Indianapolis, IN

A driver looking at a phone for even a few seconds can miss a stopped car, a red light, or a pedestrian in a crosswalk, and the consequences can be severe. Distracted driving accidents cover crashes caused by texting, phone use, eating, adjusting a GPS or infotainment system, or any other activity that takes a driver’s attention away from the road.

Indiana’s hands-free law, in effect since 2020, prohibits drivers from holding or physically using a phone or similar device while driving, allowing use only with hands-free or voice-activated technology, and drivers under 21 face even stricter restrictions that generally prohibit phone use altogether except in an emergency. Because Indiana treats a distracted driving violation as a primary offense, police can stop a driver for it without needing another reason, and a citation or violation of this law can support a claim that the driver was negligent. Phone records, including call and text logs, can be powerful evidence in a distracted driving case, showing exactly what a driver was doing in the moments before a crash. Vehicle infotainment systems and navigation apps can also generate their own records showing when a driver was interacting with a screen rather than watching the road.

At RileyCate, we investigate distracted driving accidents by pursuing phone records, witness accounts, and any available video evidence to establish what the other driver was doing at the time of the crash. We handle claims involving texting, phone calls, and other forms of distraction, working to build a case that holds the distracted driver accountable.

Distracted driving cases often depend on obtaining phone records and other evidence that the at-fault driver’s insurance company won’t hand over voluntarily, which is where trial-tested representation makes a real difference. Will Riley and Russell Cate lead our distracted driving team. Russell Cate is recognized as a Super Lawyer, and his extensive trial experience and his and Will Riley’s appellate work before the Indiana Court of Appeals and the Indiana Supreme Court give our clients real depth in this kind of litigation. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested approach.

Will and Russell personally oversee every matter we take, staffing it with the attorneys, associates, and staff the case calls for based on its size and complexity, so your claim gets the thorough investigation it needs.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Indiana’s hands-free law prohibits drivers from holding or physically using a phone or similar device while driving, though distracted driving more broadly can include anything that takes a driver’s attention away from the road, such as eating, adjusting the radio, or reaching for something in the car. A citation for violating the hands-free law can be strong evidence in a personal injury claim. An attorney can help identify what evidence is available to support a distraction-based claim.
Phone records showing calls or texts around the time of the crash, witness statements, dashcam or nearby surveillance footage, and the police crash report can all help establish that a driver was distracted. Phone records generally require a subpoena or the driver’s cooperation to obtain, which is why involving an attorney early matters. Physical evidence at the scene, like the absence of skid marks, can also suggest a driver wasn’t paying attention.
Yes, drivers under 21 in Indiana generally can’t use a cell phone at all while driving, even hands-free, except to call 911 or another emergency service. This stricter standard can support a stronger negligence claim if the at-fault driver was under 21 and using a phone. An attorney can help you understand how this applies to your specific case.
Even without an admission, phone records can often show whether a device was in use at the time of the crash, and other evidence, like the driving pattern captured on video or witness observations, can support a distraction claim independent of what the driver says. Denials from the at-fault driver are common and don’t necessarily prevent you from proving your case. An attorney can help you build a case based on objective evidence rather than relying on the other driver’s account.
A citation for a hands-free law violation or another traffic offense can support an argument that the driver was negligent, since violating a safety statute is often treated as evidence of a failure to use reasonable care. It isn’t automatically decisive on its own, but it’s a useful piece of the overall case. An attorney can help you understand how much weight a citation is likely to carry in your specific claim.
Indiana generally provides two years from the date of the accident to file a personal injury lawsuit under Indiana’s statute of limitations. Because phone records can be difficult to obtain once time has passed, and cellular carriers don’t retain this data indefinitely, it’s important to talk with an attorney as soon as possible after the accident. Acting quickly gives you the best chance of preserving the evidence needed to prove distraction caused your crash.
Hands-free use is generally allowed under Indiana law, but that doesn’t mean it eliminates distraction as a possible cause of an accident, since talking on a phone, even hands-free, can still draw a driver’s attention away from the road. Evidence of a hands-free call at the time of the crash can still be relevant to a broader negligence argument. An attorney can help you understand how this evidence might apply to your claim.
In some cases, yes, particularly if the distracted driver was using a company vehicle or driving for work at the time of the crash, which could bring their employer into the claim under certain circumstances. Identifying every potentially responsible party is an important part of building the strongest possible claim. An attorney can help investigate whether anyone beyond the driver may share responsibility.

If you were injured by a distracted driver, we can help you gather the evidence needed to prove what happened. We offer a consultation to review your accident and explain your options. Reach out to RileyCate today to speak with a distracted driving attorney about your situation.

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