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At Christie Bell & Marshall, we handle texting and driving cases by pursuing the key evidence insurers hope you never obtain: the driver’s phone records. Our Fort Wayne car accident attorneys have secured million-dollar settlements, and we bring that same preparation to proving what the other driver was doing in the seconds before your crash.
If a texting driver hurt you, contact us for a free consultation with no fee unless we win.
We move fast to preserve evidence, prove distraction, and build a claim that reflects the full impact of the crash.
At Christie Bell & Marshall, we move fast to preserve evidence, prove distraction, and build a claim that reflects the full impact of the crash. From day one, we act like the case is headed to trial: we lock down the digital trail, identify the right witnesses, and preserve time-sensitive evidence before it gets erased, overwritten, or “lost.”
The driver who chose their phone over the road owes you full accountability for what that decision cost you. Your texting and driving attorney makes sure the driver and insurer understand that.
Speak with a personal injury lawyer today. Call: 317-488-5500
Indiana’s Hands-Free Driving Law, which took effect July 1, 2020, significantly tightened restrictions on phone use behind the wheel. Under Indiana Code § 9-21-8-59, it is illegal for any driver to hold or use a telecommunications device while operating a moving motor vehicle.
Drivers 21 and older may use hands-free technology but cannot hold their phone to make calls, send messages, or use apps. Drivers under 21 face a stricter standard — they are prohibited from using any telecommunications device while driving, including hands-free options.
A violation is a Class C infraction, carrying a fine of up to $500 plus court costs and four points on the driver’s record. But the civil consequences matter far more. When we can demonstrate that the driver who hit you violated IC § 9-21-8-59 at the moment of the crash, that statutory violation becomes powerful evidence of negligence. It tells the jury — and the insurance company — that the driver didn’t just make a mistake. They broke Indiana law.
In cases involving especially reckless phone use — texting at highway speed, scrolling through traffic, or a driver with a known pattern of distracted behavior — that statutory violation can also support a claim for punitive damages, which go beyond compensating you and hold the driver accountable for conduct that was more than merely careless.
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Our attorneys have represented clients with injuries ranging from concussion and whiplash to spinal cord damage, traumatic brain injuries, and catastrophic losses that require long-term care. We’ve also handled wrongful death claims where a driver’s decision to look at a phone took a life that should still be here.
Injuries we commonly see in these cases include:
If your injuries are severe or permanent, how your case is built and valued matters enormously. We don’t settle for what the insurance company says your injuries are worth. We build a record that shows what your injuries will actually cost over a lifetime.
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Indiana law allows injured victims to recover both economic and non-economic damages from a driver whose negligence caused the crash. In cases involving gross negligence — such as a driver who knowingly used a handheld phone in heavy traffic — punitive damages may also be available.
Economic damages compensate for measurable financial losses, including:
Non-economic damages address what the numbers can’t fully capture:
Punitive damages are not available in every case, but they’re worth pursuing when a driver’s conduct goes well beyond ordinary negligence — for example, someone texting in a school zone or who had caused a prior crash due to phone use. These damages exist to punish reckless behavior and deter it from happening to someone else.
The case results our firm has achieved in serious injury cases reflect years of experience building high-value claims where the conduct of the at-fault party is squarely part of the argument. We are ready to discuss more related case results in a free initial consultation with an exper texting and driving lawyer.
Partner Katherine M. Marshall, notes:
“As an injured victim in Indiana, your rights are real and enforceable. You have the right to seek the at-fault driver’s cell phone records through the discovery process. You have the right to pursue full compensation — not just whatever the insurer’s opening offer suggests.“
If you’re ready to find out what your case is worth and what your options look like, you can contact us for a free consultation. We’ll listen to what happened, ask the questions adjusters avoid, and give you straightforward advice about what to do next.
The most direct method is subpoenaing the driver’s cell phone carrier records, which log outgoing texts, incoming notification interactions, data usage, and call activity with precise timestamps. We also request traffic camera and business surveillance footage, interview eyewitnesses who saw the driver on their phone, and — in complex cases — work with accident reconstruction specialists who can tie documented phone activity to the physical evidence at the scene.
Denial is common and doesn’t end the investigation. Cell phone carrier records log every outgoing message, notification interaction, and data session with timestamps. When those records show active use within seconds of the crash, that’s objective evidence that a driver’s denial cannot undo.
Yes. Under Indiana’s modified comparative fault rule, you can recover damages as long as you are found to be 50% or less at fault. Your recovery is simply reduced proportionally by your share of fault. If you were 20% at fault, you recover 80% of your total damages. A skilled attorney can ensure fault is allocated accurately and that insurers aren’t inflating your share of responsibility.
If the driver was acting within the scope of their employment at the time — making a work call, completing a delivery, or driving a company vehicle — their employer may share liability. This is especially worth investigating in crashes involving commercial drivers or employees who regularly drive for work.
It depends. Cases with clear liability and well-documented injuries may settle in a matter of months, particularly once medical treatment has reached a stable point. Cases involving severe or permanent injuries, disputed liability, or employer involvement can take a year or more. We’ll give you a realistic estimate based on the specifics of your situation.
There’s no honest answer to that without reviewing your medical records, employment situation, and the full facts of the crash. The value depends on the severity and permanence of your injuries, the strength of the liability evidence, and your economic and non-economic losses. We can give you a realistic picture during a free consultation.
Indiana law requires you to report any crash resulting in injury, death, or property damage over $1,000 within 10 days (Indiana Code § 9-26-1-1). After any serious crash, calling 911 at the scene is the right move. Fort Wayne Police and the Allen County Crash Team respond to major injury crashes in the area. A police report creates an official record and is typically foundational evidence in any personal injury claim.
“From my first telephone conference with Mr. Christie to the settlement of my case, I found Lee and his office staff to be professional, courteous, and extremely helpful. Mr. Christie is professional, very knowledgeable, thorough, and realistic.”
“Tina Bell is the best. She continued to pursue the case resulting in an agreeable settlement.”
“Lee Christie represented my parents after an auto accident and he was wonderful! He always answered any questions or concerns we had and I would recommend him to anyone!”
“Lee Christie and Jill DuVall were very compassionate and caring in a stressful situation. They always answered our questions promptly, sometimes very late in the evening.”
“They were professional, yet very personally involved in our case. After hiring them, I felt a huge weight lifted from my shoulder so I concentrate on taking care of my husband.”
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