By Doug Scott

 Currently in Indiana, there are no laws that have been enacted outlawing texting while driving on Indiana roads. As of July 13, 2010, thirty states had banned texting while driving, imposing fines on those who fail to follow the law. Although texting while driving has become illegal in the majority of American states, Indiana seems to be falling behind regarding these bans.

Still, a ban on teenage drivers use of cell phones and texting went into effect in 2009. This law bans drivers under the age of eighteen from using their cell phones, text messaging, or using any other wireless device while operating their vehicles. This prohibition on teen distracted driving seems to be a step in the direction of banning cell phone use while driving by Americans of all ages on Indiana roads, but Indiana police had only administered three tickets to teenage drivers as of August 2010 for violating this recently established ban, shedding light on the difficulty of enforcing a law restricted by age.

The 2010 legislation session in Indiana was a short one, and fortunately for those hoping for a state-wide ban on cell phone use while driving, the Indiana Legislature has a full session planned for 2011. This session increases the chances that distracted driving will become law.

The 2010 legislation session introduced a number of bills that would have made it illegal for Indiana drivers to engage in distracted driving. One example was Indiana House Bill 1279. This bill would have banned text messaging for all drivers on Indiana roads and highways (unless using hands-free devices). The fine for violating this bill could have cost violators up to $500. Another example was Indiana Senate Bill 18, which would have banned all forms of text messaging while driving on state roads and highways. These offenses would have been Class C infractions, which are similar to traffic tickets. Even though such bills were not passed in 2010, many are optimistic that the 2011 session will create the ban on distracted driving that Hoosiers have been requesting.

Cline Farrell Christie Lee and Caress is an Indianapolis personal injury law firm dedicated to helping individuals who have been injured as a result of someone elses negligence, such as a distracted driver. Visit their website for more information.

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