Social media is a wonderful thing for spreading important news updates, except when it isn’t. Consider the brouhaha this summer over the passage of “Paul Miller’s Law” by the State of Pennsylvania. There was a lot of posting about how this same law, deemed the “no touch law,” designed to protect against deadly distracted driving accidents, had been recently passed in 31 other states (including Illinois and Indiana). This is not entirely accurate.
For instance, both Illinois and Indiana have had longstanding statutes prohibiting the use of a smartphone by a driver, as well as things like tablets, etc. This is not a recent development. And, there are criminal punishments tied to their violation, too. Read, “Did a ‘No Touch Law’ begin in 31 states this month? Viral claims explained,” written by NBC-Chicago Staff and published by NBC-Chicago on June 13, 2025.
While social media’s bringing greater public awareness to the danger of driving distractions is a good thing, it is important to know that distracted driving laws already exist in our part of the country. It is also imperative for drivers to understand that distracted driving involves a lot more than using a phone to chat or text.
What is Distracted Driving?
As explained by the National Transportation Safety Board (“NTSB”), “…distraction occurs when drivers divert their attention away from the driving task. … Many drivers believe they can multitask and still operate a vehicle safely. But multitasking is a myth. Humans can only focus cognitive attention on one task at a time. That’s why the driving task should be a driver’s sole focus.”
Distracted driving involves much more than talking or texting on a phone. It is any activity that takes attention away from driving, with the Centers for Disease Control and Prevention (“CDC”) explaining that a driver faces three types of distractions that can prove deadly:
- visual: taking eyes off the road;
- manual: taking hands off the wheel; and
- cognitive: taking mind off operating the vehicle.
For more, read: Distracted Driving, Cognitive Brain Function, and Motor Vehicle Accidents.
Drivers can be distracted and at a huge risk of a serious or fatal crash not only when they are on their phones talking or texting, but:
- on their phones checking social media
- on their phones surfing the web
- eating food
- drinking coffee
- chatting with occupants in the vehicle
- dealing with kids in the vehicle
- dealing with pets in the vehicle
- putting on makeup
- brushing hair
- putting on clothing (tie; sweater; etc.)
- grabbing stuff out of glove compartment or console
- using the navigation system
- switching music selections or changing music volume
- pondering personal or professional issues
- mentally devising plans, to-do lists, etc.
- daydreaming.
Laws Against Distracted Driving in Indiana and Illinois
The Insurance Institute of Highway Safety (“IIHS”) points out that “…laws restricting phone use by drivers and crash avoidance technology are two approaches that may help reduce distraction-related crashes. Broad bans on manipulating electronic devices seem to be most promising, rather than laws that only target talking or texting. Crash avoidance systems can bring drivers’ attention back to the road, regardless of the cause of the distraction.”
Illinois
In Illinois, it is illegal to use electronic communication devices while driving, as well as to do things like checking social media or watching videos. See, Distracted Driving discussion published by the Illinois Secretary of State’s Office. For more on the current distracted driving laws in Illinois, see the brochure published by the Illinois State Police entitled, “Distracted Driving: What is a Text Worth?”
Indiana
Indiana’s current distracted driving law became effective on March 18, 2020, as a “hands-free law” that prohibits the use of mobile devices by drivers on Hoosier roads. See, Indiana Department of Transportation discussion of Hands-Free Indiana.
Also read: Feds Applaud Indiana’s New Law Banning Texting While Driving; Illinois Distracted Driving Law Already on the Books.
Technology to Block Driver Distractions
As the IIHS points out, the marketplace is advancing rapidly with various crash avoidance systems that work to keep the driver focused upon operating the vehicle and avoiding the three types of distractions identified by the CDC. These can be particularly important for trucking companies and carriers who are responsible for the safety measures in their fleets, and with truckers or bus drivers who face special risks of driving distractions on the job.
Crash avoidance systems that help with distracted driving include things like:
- forward-collision warning systems
- lane-departure warning systems
- automatic emergency braking systems
- lane-keeping assistance systems
- phone apps that block text alerts
- phone apps that go into Do Not Disturb mode when motion is sensed
- phone apps for teenagers that alert parents if they are using their phone while driving
- phone apps that auto-respond to incoming texts or calls with a default reply when motion is sensed.
Read, “Technological Solutions Could Prevent Driver Distraction and Related Crashes,” published by the National Distracted Driving Coalition on March 21, 2023; and “Technology That Can Reduce Driving Distractions and Their Dangers,” published by Consumer Reports on November 16, 2017.
Distracted Driving: Employers’ Responsibilities
For anyone driving a motor vehicle as part of their work duties, from a real estate agent on the way to show a house in Chicagoland to a truck driver hauling freight on the Indiana Toll Road, their employers also have safety responsibilities.
Employers cannot ignore the reality that distractions will be a temptation or a threat to their employees behind the wheel. They should consider various crash avoidance systems for their workers, as well as implementing safety policies and procedures that include things like:
- banning phone use while using a company vehicle;
- banning using a company phone or tablet while driving;
- work requirement that any driver needing to check directions, call, or text, must pull over and stop the car before doing so;
- safety training on the dangers of distracted driving;
- safety training on how to deal with the dangers of other drivers on the road who appear to be distracted;
- formal agreements and policies detailing company policy on driver distraction safety mandates.
For more, read: Three Ways Employers Are Held Accountable After Work Accidents; Fatal Motor Vehicle Accidents on the Job: Four Types of Workers Facing Highest Risk of Deadly Work Crash; and More Workers Die On the Job in Traffic Crashes Than Any Other Kind of Injury: New NIOSH Goals Set to Fight this Danger
Claims After Distracted Driving Crash in Indiana or Illinois
For those involved in a serious or fatal car accident or semi-truck crash in our part of the country, it may be overwhelming to think about how the accident victim and their loved ones can seek justice by confirming (and proving with admissible evidence) that the reason for their injuries was a distracted driver.
Accident reconstruction experts are invaluable in these situations. They will use their expertise not only to investigate data (think black boxes; GPS data; etc.) but things like the phone records of all those involved in the accident; witness statements gathered from other drivers on the road (was the driver weaving? Was she seen applying mascara two miles back?); video grabbed from dashcams and nearby business security cameras; and police reports filed from the officers investigating at the scene.
There may be more than one person or company found to be liable in a distracted driving accident in Indiana or Illinois. In addition to the possibility of workers’ compensation coverage, victims may be able to find recompense based upon personal injury; product liability; and specific laws of negligence (negligent supervision; negligent training; etc.).
For more, see:
- EDRs and Black Box Recordings in Car Crashes: Technological Data as Evidence of Fault in Personal Injury Claims
- Accident Reconstruction Experts and Injury Claims
- Negligent Supervision by the Trucking Company and Semi-Truck Crash
- Negligent Training of Truck Drivers as Basis for Truck Crash Injury Claim
- Indiana Workers Injured in a Motor Vehicle Accident While Driving On the Job.
Distracted driving is risky driving. Everyone on the roads of Illinois and Indiana should be careful to avoid it and to be alert to the very real danger they may be sharing traffic lanes with a dangerous, distracted driver. Please be careful out there!
