How Our South Bend Texting and Driving Attorneys Build Your Case

When the other driver was on their phone, the case comes down to evidence. Here is how we help protect it and prove what happened:

  • Act fast to preserve time-sensitive evidence. We send litigation hold letters so carriers, businesses, and third parties do not delete records before we can obtain them.
  • Subpoena cell phone carrier records. We pursue logs that can show calls, texts, notifications, and data sessions down to the second.
  • Secure video before it overwrites. We request traffic camera and nearby business surveillance footage around the crash site.
  • Build a timeline with experts when needed. We work with accident reconstruction specialists to connect documented phone activity to physical evidence at the scene.
  • Present a clear, dispute-resistant narrative. We organize the records into a timeline the insurance company and jury can understand.

Contact Christie Bell & Marshall for a free consultation. Our case results include million-dollar settlements for car accident victims, and we are ready to discuss similar results with you.

Speak with a personal injury lawyer today. Call: 317-488-5500

Injuries Common in Texting and Driving Claims in South Bend

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.

Injuries we commonly see in these cases include:

  • Traumatic brain injuries, from concussion through severe TBI
  • Spinal cord injuries: Herniated discs, fractures, and in severe cases, paralysis
  • Broken bones, including femur, pelvis, and rib fractures
  • Internal organ damage from seatbelt loading and structural intrusion
  • Soft tissue injuries that become chronic and debilitating
  • Neck and cervical spine injuries from sudden impact forces
  • Psychological harm: PTSD, anxiety, and depression that follow a serious crash

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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Compensation You Can Pursue After a South Bend Texting and Driving Accident

Indiana law allows injured victims to recover both economic and non-economic damages from a driver whose negligence caused the crash. When phone records prove the driver was texting at impact, the strength of the liability evidence often pushes these cases toward higher recoveries.

Economic Damages

Emergency care, hospitalization, and surgery. Ongoing treatment, physical therapy, and rehabilitation. Future medical costs where your injury requires long-term or permanent care. Lost wages during recovery and reduced earning capacity going forward. Out-of-pocket costs tied to the injury.

Non-Economic Damages

Physical pain and suffering, both immediate and ongoing. Emotional distress and psychological harm, including PTSD and anxiety. Loss of enjoyment of activities you could do before the crash. Loss of consortium if your injuries have affected your relationship with your spouse.

Punitive Damages

In cases involving gross negligence, such as a driver who knowingly used a handheld phone in heavy traffic, Indiana law may allow punitive damages beyond compensatory recovery to punish the wrongdoer and deter similar conduct.

Attorney Katherine M. Marshall notes: 

“When we have the phone records that prove distraction, the insurer knows exactly what their exposure looks like. That evidence is what drives fair compensation in these cases.” 

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Contact Christie Bell & Marshall Today and Talk With a South Bend Texting and Driving Attorney

As an injured victim in Indiana, 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. 

Contact Christie Bell & Marshall for a free consultation. We listen to what happened, ask the questions adjusters avoid, and give you straightforward advice about what to do next. We only get paid if we make a financial recovery for you.

Frequently Asked Questions About South Bend Texting and Driving Accidents

How do you prove the other driver was texting at the time of the crash?

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.

What if the driver denies being on their phone?

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 is objective evidence that a driver’s denial cannot undo.

Can I recover compensation if I was partially at fault?

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.

What if the texting driver was working when they hit me?

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.

How long does a texting and driving accident case typically take?

Cases with clear liability and well-documented injuries may settle in a matter of months 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.