Why Do Car Accidents Happen
If you have ever seen an accident on the road, you understand the sinking feeling can bring to your stomach. Why did the accident happen? Has anyone gotten hurt? It is important for you to do everything you can to reduce your chances of being involved in a motor vehicle accident. If you are involved in a car accident, reach out to an Indianapolis car accident lawyer, such as a lawyer from Ward & Ward Personal Injury Lawyers. Take a look at some of the most common causes of car accidents below.
Driving Under the Influence
During the past few decades, there has been a massive campaign to reduce the rate of drunk driving accidents. Even though the rates have come down, there are still people who are involved in car accidents because they were operating a motor vehicle while under the influence of drugs or alcohol. If you operate a vehicle while under the influence, you can suffer from impaired judgment and slow reflexes. This could make it more likely for you to be involved in a car crash.
Driving While Tired
Another common reason why car accidents happen is that people drive while tired. When you feel like you cannot keep your eyes open, then you should pull over and take a nap. If you fall asleep behind the wheel of a car, you will immediately lose control of your vehicle. But if you are in a car accident due to fatigue, reach out to an Indianapolis car accident lawyer.
Driving While Distracted
Finally, a lot of car accidents happen because people decide to split their attention between the road and something else. For example, some people may talk on the phone while driving. Other people may send a text message while driving. Driving while distracted can dramatically increase your chances of being involved in a motor vehicle accident. Make sure you focus on the road when you are behind the wheel.
Your Checklist After a Car Accident
After a car accident, you may want to have a checklist handy of to-do items for your claim. Making note of the things you need to do can help you keep track of tasks that should be done for your claim. Keep these things in mind so that you can go through the claims process smoothly:
Reporting the accident
Don’t hesitate to report the accident to law enforcement from the scene of the accident. Dialing 911 is an appropriate number to call whenever an accident occurs. Depending on the severity of the accident, you may actually have an obligation to report it to the proper authorities. If there were injuries, death, or serious property damage, you should call the local sheriff or the local police department by selecting “SOS” from your I-phone or by dialing 911.
Knowing what you must do
There are certain legal obligations you have after you have been in a car accident. Even if you do not believe you were responsible for the accident, you must talk with the other driver and share your name and contact information, your driver’s license, insurance information, and the car registration number. Under no circumstances should you ever admit fault before consulting with your Indianapolis, IN car accident lawyer.
Help when someone sustains injuries
When another person sustains injuries, you may want to assist them. If you are on the phone with 9-1-1, the officer or medical personnel may give you instructions to reasonably assist someone who is in need of medical help. Depending on local and state laws, the “Good Samaritan Law” may protect you from a lawsuit. In any emergency medical situation, use your common sense and do not exceed the limits of your medical know-how.
Knowing what to do without another driver
If you were in a hit-and-run and the other driver leaves the scene of the accident, do everything you can to contact local law authorities to get the incident on the accident report while you are at the scene. With the details of the hit-and-run on your crash report, your attorney may turn to your own uninsured/underinsured automobile insurance policy for your compensation.
Get necessary evidence
When you are still at the scene of the accident, use your phone to take pictures or videos. It can be helpful to take a video walking through the scene of the accident and recounting exactly what happened from your perspective. If there were witnesses to the accident, get their contact information. Make note of any bad weather, stoplights that are not working, or obstructed views of street signs.
Gather Evidence from the Accident Scene
Call 911
After a car accident, call 911 to notify the police of the crash and attain their help. If you or anyone else sustains injuries, give that information to the 911 dispatcher. Also, inform them if anyone is trapped in a vehicle, or if there are other dangers at the accident scene. The more detailed information that you can provide to first responders, the better.
Get medical attention
Do not refuse medical care at the scene, as you may need it, and it may be essential for your claim. This is a common mistake that many injured car accident victims make. If emergency medical providers at the scene don’t recommend you be taken directly to the hospital, make plans to see a doctor the same day or as soon as possible. If you refuse or delay medical treatment, it can ruin your chances of compensation. An insurance professional or attorney for the other motorist may be quick to deny your claim, using the argument that the accident didn’t cause your injuries.
Take pictures
If you’re able, get your phone out and take photos of all the vehicles and the damages. Photographs are very useful pieces of evidence. Take as many pictures and videos as possible using your smartphone camera or another device. Video with sound capability might capture the negligent driver admitting fault for the collision. If you aren’t able, ask someone else to help you.
Get witness statements
You should also speak with and write down the recollections of any witnesses to the accident. The police officers who arrive at the scene of the accident may not have the time or personnel to interview all the witnesses or get their statements. However, witness statements are essential, particularly if they saw the other driver being careless, reckless, or engaging in wrongful conduct right before the accident.
Acquire police reports
Accident investigations by police officers can be quite helpful as evidence for your claim. If you have any information about why the other driver caused the accident, such as them using a cell phone, be sure to tell the officer at the scene.
When to File a Lawsuit After a Car Accident
Understanding when to file a lawsuit after a car accident could be difficult if you’re not a legal professional. The good news is there are lawyers who can help you determine whether you have a case, as well as help you move forward with the lawsuit. When should you file a lawsuit? The following should get you on the right path.
The Other Party
If the at-fault driver did not have car insurance, or perhaps did not have enough coverage, you may still consider a civil lawsuit. Even when the other driver’s insurance company is being difficult with the claim, i.e. trying to deny it, that could warrant a lawsuit as well.
In a one-car accident, there may be some options for receiving compensation. Perhaps your car hit a pothole overlooked by the contractor. You may be able to sue the contractor to do road repairs in your city.
Documentation
When you’re in a car accident, you should document everything you can. Take pictures of the scene and your injuries, write down contact information for all witnesses, and obtain a copy of the police report. After the accident, keep records of your medical bills and the time you had to take off work to recover from your injuries. All of this information will help an attorney best represent you when you do decide to sue the other party.
The Four Ds That Cause Car Accidents
There are four Ds that cause car accidents. Pay attention to the other driver if you’re in an accident, to see if any of them could apply. Don’t confront the other driver; ask for their contact info and insurance card. When the police arrive, you can mention your suspicion to the officer taking your statement.
Drunk Driving
Drunk driving is probably the most notorious of the four Ds. MADD — Mothers Against Drunk Driving — was formed in 1980. Its mission at the time was to put an end to drunk driving. Their goal is zero drunk driving accidents in the U.S. In 2021, MADD celebrated the 35th anniversary of its designated driver campaign, Tie One On for Safety. MADD estimates that they have helped save over 330,000 lives with their drunk driving awareness programs. Ward & Ward Personal Injury Lawyers, where you can find a car accident lawyer in Indianapolis, IN, salutes the efforts of MADD to end this terrible scourge on the road.
Drugged Driving
MADD has expanded its mission statement to include drugged driving. Drugged driving has been on the rise lately, due to increasing rates of legalization of marijuana. It’s harder to track than drunk driving, as there’s no breathalyzer for marijuana or other drugs that can be administered at the side of a road. Field sobriety tests are still effective, though. An Indianapolis car accident lawyer can get a copy of the police report where the other driver’s condition may be stated, along with any blood or urine testing that was done at the police station or hospital.
Distracted Driving
Cell phones are the major cause of distracted driving accidents. Talking on the phone while driving can be distracting enough, but texting is worse because you have to take your eyes off the road to read messages and type out replies. However, they’re not the only cause of distracted driving. Putting on makeup, eating breakfast, and singing along to the radio can all distract you from your primary purpose behind the wheel: driving safely. A car accident lawyer in Indianapolis, IN, from Ward & Ward Personal Injury Lawyers would suggest you pull over if you need to do any of those things.
Drowsy Driving
Drowsy driving may be just as dangerous as drunk driving since sleep deprivation can have similar side effects as being drunk does dizziness, trouble focusing your eyes, nodding off behind the wheel, poor balance, and inability to concentrate. If you start feeling drowsy while driving, pull over somewhere safe and take a nap. A car accident lawyer in Indianapolis, IN, could tell you it’s better to sleep at a rest stop than cause an accident.
Indianapolis Car Accident Law Infographic
When You Sustain Injuries By A Drunk Driver
Drunk driving accidents are unfortunately a common occurrence. If you are the victim of a drunk driver, and he or she was sentenced to prison, you may be concerned about recovering damages. As an Indianapolis car accident lawyer, we help victims of DUI drivers who injured them. Depending on the nature and extent of your damages, you may have multiple legal options for getting justice. However, every case is different so it’s important to discuss your circumstances with our car accident lawyer in Indianapolis, IN. Call us today to request a no-obligation case review.
What is a DUI driver
DUI stands for driving under the influence of alcohol and/or drugs. What constitutes “under the influence” varies by state, so be sure to check your state’s laws. Understanding how laws apply to your case can be hard, so if you need assistance a lawyer will be able to help. If the driver responsible for your accident receives an indictment for DUI it means that their blood alcohol concentration (BAC) was above the maximum percentage. The BAC level that can warrant a DUI charge varies widely from state to state. If the driver had a drug impairment rather than an alcohol impairment, the process is different for detecting this infraction. Talk to a car accident lawyer if you have been injured due to the actions of an impaired driver, and they will work to gather the evidence necessary to file a valid claim against them.
What are the legal ramifications of a DUI conviction?
If the driver receives a DUI, it is a criminal offense and a serious one. If you were injured in a DUI accident, meeting a car accident lawyer is highly encouraged so that you can recover your losses. Your Indianapolis car accident lawyer can provide detailed information specific to the actual circumstances as they are handled under Indiana] law. The penalties for DUI depend on many factors, such as whether the driver had a prior conviction and how high their BAC was over the legal limit. Depending on the BAC of the driver, they may be charged with a misdemeanor or a felony for DUI. If they are found guilty, a felony charge could result in them losing their license, getting fined, and going to prison. Other factors that can influence their scenario:
Underage Intoxication
If the driver is under 21, or under the legal age for drinking, the charge may be more serious.
Prior Convictions
If the driver has previous criminal convictions for DUI, the charge may be more serious.
Driver v. Passenger
If the driver was behind the wheel rather than sleeping in the backseat or in the vicinity of their vehicle, the charge may be more serious.
Severity of Charges
The driver may lose their driving privileges, the length of time depending on the severity of the criminal charge and other factors.
Acts of Recklessness
If the driver tried to evade a law enforcement officer, was speeding, had a passenger who was under the age of 16, or acting recklessly in another manner, the charge may be more serious.
Damages & Injuries
If the driver caused property damage or injured someone, the charge may be more serious. It is important that you have a car accident lawyer in Indianapolis, IN who can notify the prosecutor about your injuries and their seriousness.
When a driver under the influence injures or kills someone, the prosecutor may charge the negligent driver with involuntary manslaughter or felony vehicular homicide. DUI cases can be incredibly complex, and with so much at stake it is recommended to hire a lawyer who can give you quality legal advice. You are much more likely to secure the outcome that you need with a dependable lawyer.
To Sue or Not To Sue After an Auto Accident
Unfortunately, automotive accidents happen daily. While some may be avoidable, others, such as rear-end collisions are not. Many incidents involve nothing more than property damage. You can handle these claims directly with the insurance company and should not involve legal assistance. On the other hand, if you sustain injuries, we recommend that you contact an Indianapolis car accident lawyer to determine if taking legal action is worth the time and effort.
Collect Evidence
Prior to consulting with an attorney from a reputable firm, such as Ward & Ward Personal Injury Lawyers, it’s necessary to acquire as much evidence as possible. Along with taking photos at the scene of the incident, acquire contact information from witnesses and take note of any surveillance cameras in the area. In addition, present any documentation given to you by the police to your attorney. Seek medical attention, even if you feel fine. Some injuries take time to show symptoms, such as whiplash and a brain injury but may have long-term effects. Include any medical records and bills with the evidence documentation, as well as anything that shows income lost due to injuries.
Choose the Right Lawyer
Having a professional on your side is essential to determining if you have a viable case. The right professional is also vital. A car accident lawyer in Indianapolis, IN, will have expertise in that specific area and better understand the nuances of the situation as opposed to a civil lawyer. Since many accidents can settle outside of court, the right legal advice will make deciding easier and help make the process go more smoothly. Prior to the first consultation, prepare some questions to ask to help decide if you are getting the best legal help.
Weigh Your Options
Every car accident is unique. When working with a firm familiar with auto accidents, such as Ward & Ward Personal Injury Lawyers, you are better able to access your unique situation. After looking over the existing evidence, an attorney will be able to help guide you as to whether you have a strong or weak case. Depending on the situation, an insurance settlement may be the easiest and most sound solution. If you have a solid case, your car accident lawyer in Indianapolis, IN, will provide you with tips and guidance to make the most out of your claim.
Indianapolis Car Accident Law Statistics
Based on the latest Indiana statistics from City-Data for the most Recent Indiana Crash Report, there were 205k traffic collisions resulting in injury and property damage, 8.3 fatal accidents took place in Indianapolis for every 100,000 people. During this same period of time, the average number of fatal accidents in the state of Indiana was 18.4.
Car Accident FAQs
When you suffer injuries in a car accident, one of your next steps should be to hire a car accident lawyer in Indianapolis, IN. However, with so many different lawyers out there, you may wonder how to choose the right one. Jotting down your questions is a good start when you are doing your research, and you should do so as soon as possible while the memory is still fresh. The more time that passes after the date of your accident, the more difficult it may be to recall critical information. Your attorney can address all of your questions and concerns. In case you forget a topic, you can just refer to your notes. If you ask certain questions during the consultation, you can find the right lawyer.
Do You Specialize in Car Accident Cases?
Civil lawyers don’t all specialize in the same branch of law. Some may have experience handling vehicle accident cases while others handle medical malpractice cases. It’s important to choose a lawyer who has extensive experience handling car accident cases.
What Are the Strengths and Weaknesses in My Case?
Before you pursue a lawsuit, you should find out about all the strengths and weaknesses in your case. A reputable lawyer should be completely honest with you and tell you if it’s worth taking your case to court. If your lawyer doesn’t think you have a strong case, it may be better to try to settle with the insurance company right now.
How Long Do You Think It Will Take to Resolve My Case?
If you suffered a serious injury in a car accident, your medical bills may be piling up and you wonder when you can return to work again. That’s why you should ask an Indianapolis car accident lawyer how long you think it will take to resolve your case. While this will depend on a number of different factors, your lawyer should be able to give you a general estimate.
How Can I Improve My Chances of Success in My Case?
Just because you have a lawyer, you can and should still assist in your claim. In order for you to receive maximum compensation, it’s important to be proactive in your case. Ask your lawyer what you can do to improve your chances of having a successful case. For example, he or she may suggest seeing additional doctors or taking photos of the accident scene.
What Is the Best Way to Contact You?
It’s important to have regular communication with your lawyer. Ask your lawyer how you can contact him or her.
What Are Your Fees?
Before you hire a car accident lawyer in Indianapolis, Indiana, you should find out his or her fees. The majority of injury lawyers work on a contingency basis, so they take a percentage of your award.
Call Ward & Ward Personal Injury Lawyers Now
Hiring an experienced Indianapolis car accident lawyer is often not the first thing people think to do after an accident, but it is a necessary step in securing the compensation and repairs that are rightfully yours. If you have been involved in an accident and need to know if you have a claim, contact the legal team at Ward & Ward Personal Injury Lawyers at (317) 639-9501 to explore your legal options with our car accident lawyers in Indianapolis, Indiana. We look forward to speaking with you.
Ward & Ward Personal Injury Lawyers, Indianapolis Car Accident Lawyer
728 S Meridian St, Indianapolis, IN 46225
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