It’s the Law: No Holding or Using Phones While Driving in Indiana

As injury lawyers representing victims of car crashes, one of the most common causes of car accidents we see in police reports is that the at-fault driver was texting or reached down to retrieve a dropped phone. These common car crash causes should vanish if drivers follow Indiana’s new hands-free phone law.

“Do not hold or use your phone while driving in Indiana” is the new law in Indiana as of July 1, 2020. Under the law, a person operating a motor vehicle in Indiana may no longer hold or use their phone while driving unless that person has hands free or voice operated technology or is calling 911 to report a bona fide emergency. The new law, which went into effect July 1, 2020 and which can be found in Indiana Code § 9-21-8-59, provides as follows:

(a) Except as provided in subsections (b) and (c), a person may not hold or use a telecommunications device while operating a moving motor vehicle. (b) A telecommunications device may be used in conjunction with hands free or voice operated technology. (c) A telecommunications device may be used or held to call 911 to report a bona fide emergency. (d) A police officer may not, without the consent of the person: (1) confiscate a telecommunications device for the purpose of determining compliance with this section; (2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or (3) extract or otherwise download information from a telecommunications device for a violation of this section unless: (A) the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime; (B) the information is extracted or otherwise downloaded under a valid search warrant; or (C) otherwise authorized by law. (e) The bureau may not assess points under the point system for a violation of this section occurring before July 1, 2021.

According to the recent statistics from the National Highway Traffic Safety Administration, more than 2,800 persons were killed, and 400,000 people injured, in 2018 alone due to distracted driving. Barsumian Armiger applauds the efforts of Indiana’s government to try and help save lives from distracted driving in Indiana.