Indiana Texting While Driving Laws and Penalties

Every year, thousands of Indiana drivers glance down at their phones behind the wheel. A quick text seems harmless until it causes a crash. If you've been hit by someone who was texting, or if you're trying to understand what the law actually says, knowing Indiana's texting while driving accident laws and penalties can help you protect your rights, your finances, and your safety.

What Is Indiana's Texting While Driving Law?

Indiana Code § 9-21-8-59 makes it illegal for all drivers to type, transmit, or read a text message or email on a handheld device while operating a moving vehicle. The law applies to texting specifically it doesn't ban all phone use, like making a call (though drivers under 18 are prohibited from any cell phone use while driving).

The key phrase in the statute is "typing, transmitting, or reading a text message or electronic mail message." This includes texts, emails, and similar written communications. Scrolling through social media while driving can also fall under distracted driving violations.

What Penalties Do Texting Drivers Face in Indiana?

Indiana treats texting while driving as a primary offense, meaning a police officer can pull you over solely for witnessing this behavior no other traffic violation is needed.

First offense: Up to a $500 fine
Subsequent offenses: Up to a $500 fine
Causing an accident while texting: Increased liability in civil court, potential criminal charges if the crash causes serious injury or death
License suspension: Possible for repeat offenders or when texting leads to injury accidents

While the fine itself may seem modest, the real financial consequences often show up in accident claims and civil lawsuits, where the at-fault driver's texting behavior becomes evidence of negligence.

How Does Texting While Driving Affect an Accident Claim?

If a texting driver caused your accident, their violation of Indiana law strengthens your injury claim. Proving the other driver was texting at the time of the crash is one of the most effective ways to establish negligence. This evidence can increase the value of your settlement significantly.

To build a strong case, you'll need solid proof that the driver was texting, such as phone records, witness statements, dashcam footage, or the officer's crash report noting the violation.

Can You Sue a Texting Driver for Damages?

Yes. Indiana is a fault-based state for car accidents. If the other driver was texting and caused the crash, you can file a claim against their insurance or sue them directly for:

Medical bills and future treatment costs
Lost wages and reduced earning capacity
Pain and suffering
Vehicle repair or replacement

An experienced attorney who handles texting driver accident claims can help you calculate the full value of your losses and negotiate with the insurance company on your behalf.

What If You Were Partially at Fault Too?

Indiana follows a modified comparative fault rule (51% bar). This means you can still recover damages as long as you were less than 51% responsible for the accident. However, your compensation is reduced by your percentage of fault.

For example, if you were 20% at fault and your damages totaled $100,000, you would receive $80,000. Understanding how Indiana's comparative fault rules apply to your specific situation matters, especially if the other driver's insurance tries to shift blame onto you.

What Are Common Mistakes People Make After a Texting-Related Crash?

Not calling the police. Without an official report, proving the other driver was texting becomes much harder.
Admitting fault at the scene. Even saying "I'm sorry" can be used against you later.
Not seeking medical attention right away. Delayed treatment gives the insurance company room to argue your injuries weren't serious.
Accepting the first settlement offer. Insurance companies often lowball victims, especially before the full extent of injuries is known.
Failing to preserve evidence. Phone records can be deleted. Acting quickly to secure this evidence is critical.

How Do You File a Claim Against a Texting Driver in Indiana?

The process starts with gathering evidence, notifying the at-fault driver's insurance, and documenting your damages. Indiana has a two-year statute of limitations for personal injury claims, so waiting too long can cost you the right to recover anything.

If you're in the Indianapolis area, here's a breakdown of how to file a distracted driving claim against a texting driver and what to expect during the process.

What Happens to a Texting Driver Who Causes a Fatal Accident?

If texting while driving leads to someone's death, the driver can face criminal charges including reckless homicide under Indiana law. Penalties may include prison time, heavy fines, and a permanent criminal record. The victim's family can also pursue a wrongful death civil claim.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,308 lives in the U.S. in 2022 alone.

Practical Checklist: What to Do If You Were Hit by a Texting Driver

Call 911 and make sure a police report is filed ask the officer to document the other driver's phone use.
Take photos and videos of the scene, vehicle damage, road conditions, and the other driver's visible phone.
Get witness contact information from anyone who saw the driver using their phone.
Seek medical attention immediately, even if you feel okay some injuries appear days later.
Do not give a recorded statement to the other driver's insurance company without legal advice.
Request phone records through your attorney to prove the driver was texting at the time of the crash.
Consult a personal injury lawyer who has experience with distracted driving cases in Indiana.
File your claim within two years to preserve your legal right to compensation.

Next step: If you believe the other driver was texting when your accident happened, don't wait. Write down everything you remember, save any photos or videos you took, and speak with an attorney before talking to any insurance adjuster. The sooner you act, the stronger your case will be.