A car accident in Indianapolis or any state for that matter is a traumatizing experience for the victim. An accident causes tremendous amounts of pain for the victim, including physical injuries and loss of property. In the more serious cases, a victim is often left with months where they can no longer work to support their family as well. 

Whenever a victim sues the at-fault driver for a car accident in Indianapolis. The key consideration is whether the at-fault driver even has the funds to pay off the compensation, should the victim win the personal injury lawsuit. In the case that the defendant has no money to pay, their insurance policy is the only source of paying the compensation, if it exists. 

You will need an experienced Indianapolis car accident lawyer to file a personal injury suit or defend it on your behalf. 

Let’s look at the dynamics of a case that involves a defendant with no money or insurance policy to pay off the compensation amount. 

First of All, Ask Yourself If It’s Worth It 

We understand that car accident are a life event that can alter a lot of things for you but a personal injury lawsuit doesn’t just involve an Indianapolis accident attorney fighting the case on your behalf. Several things like character assessment and evidence gathering will involve you as well. 

If the goal is to just punish the defendant then the plaintiff should calm down, take a step back and assess if it is worth the time and money? Especially, when the defendant is in no position financially to pay compensation? 

If the damages did were great, then it makes sense for the plaintiff to push for compensation for physical injuries, property loss, and loss of income. 

What If The At-Fault Driver Has No Insurance? 

Auto insurance and uninsured motorist coverage come into play in most states in situations where the defendants don’t have the insurance policy or funds to pay the compensation amount to the plaintiff. In most of these cases, the plaintiff’s insurance company is then supposed to compensate the plaintiff for their losses. 

This will depend on provisions in your auto insurance policy. But, the most important thing to note here is that even if the defendant can’t pay you, all is not lost. 

Let’s look at some provisions that will get you some compensation for your losses: 

Personal Injury Protection 

This provision pays for physical pain and loss of income due to being in a car accident. This is provided to the insured driver, regardless of them being at fault in the accident or not. 

Medpay 

This provision can be added to a driver’s own insurance policy and ensures that their medical bills get paid in case of a car accident. It doesn’t matter who was at fault in the accident as long as the insured driver or car was involved. 

Uninsured / Underinsured 

UIM will pay the plaintiff’s medical bills, loss of income, and property damage in case the defendant cannot be located or is unable to pay for damages and has no insurance policy. This is only possible if the plaintiff did not explicitly cancel UIM on their insurance policy at the beginning. You may need the help of an experienced Indianapolis car accident lawyer to sue or negotiate with your insurance company if they disagree that the accident triggered the UIM coverage. 

The state of Indiana requires Uninsured or Underinsured motorist coverage unless the motorist agrees to not add it to their insurance policy. The minimum limit for bodily injuries is $25,000 and the same stands for property damage as well. 

How Can an Indianapolis Car Accident Lawyer Help You? 

If you have been in a car accident and plan on suing the at-fault driver for your losses and you just found out that they have no insurance and are financially too weak to compensate you, this can send you into a state of worry. 

A good Indianapolis accident attorney like the ones at Rowe & Hamilton can help ease your worry and simply lay out your options for you. There are plenty of ways in which you can still get some financial relief even if the defendant doesn’t have the funds or insurance policy to compensate you. 

At Rowe & Hamilton, we have over 32 years of experience with helping our clients navigate car accident cases in Indianapolis. Our experienced accident attorney will assess your case and your options and negotiate with your insurance company on your behalf. 

Need help with a car accident lawsuit? Call an experienced Indianapolis car accident lawyer. 

Accidents are bad. Period. But what about when you aren’t actively involved in them and someone hits your car while it’s parked? That’s even more painful and taxing to go through. The most important advice in this situation is to stay calm and do what you can to gather all the required information. After that, you will need to file a personal injury lawsuit if the need arises. 

There is no doubt that you will need help from an experienced Indianapolis car accident lawyer to file your case and get the maximum compensation for your losses. 

There are two main scenarios in which a driver can hit your parked car. Let’s explore them in detail: 

1. A driver hits your car and leaves the scene

What can you do if someone hits your parked car and then leaves the scene without leaving any note or contact information for you? The first step for you, in this case, is to call the police and have them create an official report of the accident. The police will do their best to identify and locate the driver by looking at nearby video surveillance and questioning witnesses. 

If you have to claim the damages, you can contact your insurance provider and show them the evidence of the damage. The compensation will depend entirely on your coverage and the deductible you pay. 

If the other driver is identified, then you can sue them with the help of an Indianapolis car accident attorney and claim compensation. 

2. A driver hits your car and leaves a note 

In this scenario, the driver is sensible enough to leave you his contact information after hitting your car while it’s parked. You can contact the negligent driver and get their insurance company’s information. Be sure to document all evidence of the damage via the official police report and also pictures of the damage done to your car. 

What Information Do You Need When Someone Hits Your Parked Car?

If your parked car gets hit in Indianapolis by another driver and you need to claim compensation for your damages from the other driver’s insurance company. You would need to gather information and you will need to do it fast so that you can file a case as soon as possible. Here are some immediate pieces of information you will need for your Indianapolis car accident lawyer to build a robust case for you: 

• The driver’s name 
• Mailing address
• Location of the accident
• Home and cell phone numbers
• Date of the accident 
• Insurance information 
• Weather conditions 
• Pictures of damage to the car 

This information will prove vital in building a strong case and getting you the compensation you deserve. 

What Steps Should You Take Right After Your Parked Car is Hit in Indiana?

 Here are the steps you should take after someone hits your parked car.

Call the Police 

You need to call the police immediately and have the responding officer create an official police report. This report will include the description of the accident and any witness statements. This will be required by your lawyer and also the insurance company later on.

Take Pictures

Use your phone to take as many pictures of the damage done to your car as possible. These will be utilized later on by your Indianapolis car accident attorney to build a good claim for compensation. 

Notify Your Insurer

In the event that the other driver cannot be located, you will need your own insurance company to compensate for your losses. For this, it is important that you contact them and let them know that the accident has occurred immediately. 

How Can Rowe & Hamilton Help You? 

Rowe & Hamilton have been operating in the Indianapolis area for over 32 years, helping car accident victims get the rightful compensation for the damage done to their property and their lives. Car accidents, where a parked car is hit are especially distressing because you are at peace of mind after leaving your car parked and you return to damaged property with no clue of what happened. 

During this time, fighting over compensation with insurance companies and other drivers is even more stressful and that’s why we suggest you let the professionals handle the antics of the insurance companies. 

Our experienced Indianapolis car accident lawyer will offer you a consultation and understand your case. After that, they will fight the case on your behalf and get you fair compensation for your losses. Most of all, we like to treat our clients with empathy and understanding while ensuring the best practices to get them the results they deserve. 

Has someone hit your parked car in Indianapolis? Contact us for a consultation today. 

Car accidents can cause various injuries including arthritis. Some of them can be mild and can heal in no time, but others can be quite a challenge and may affect your entire quality of life. Some accidents won’t heal ever, and people simply have to learn how to live with them. 

What’s important when you are injured in a crash is that you seek medical help as soon as possible. Even if you don’t feel injured, you should get examined just in case. Some injuries may trigger pre-existing injuries or cause certain conditions that might not seem like they appeared because of the car accident.

One of the overlooked injuries is arthritis. In cases where an accident causes or aggravates arthritis, the symptoms won’t show right ahead. Instead, it will take time for the symptoms to appear.

What’s important is that you seek legal assistance from an Indianapolis car accident lawyer. 

What is Arthritis?

The simplest definition of arthritis is the inflammation of a joint. It can affect several joints and the symptoms include joint stiffness, swelling and pain. 

There are various types of arthritis that you may develop after a car accident. However, two types of arthritis that may be caused or worsened by a car accident:

Post-Traumatic Arthritis

Post-traumatic arthritis involves damage to the cartilage in an injured joint. It may occur from trauma to the body supported by the impact of a car accident. Cartilage damage may be anything from bruising to cartilage loss. Damaged or lost cartilage rarely grows back, which is followed by scar tissue. The scar tissue may conflict with movement in the joint which can cause further damages.

Post-traumatic arthritis may also occur in joints where cartilage hasn’t been damaged. If you had a bone fracture and it heals out of place, this could lead to arthritis in the future. Broken bones or torn ligaments can happen in car accidents; both can lead to post-traumatic arthritis even years after the accident. Even if the injury is entirely healed, the trauma to the joint increases the chances of arthritis.

Symptoms of post-traumatic arthritis may manifest as joint pain, limited mobility, and swelling. 

Simple activities such as walking up and down stairs or playing sports can be painful. If the case is milder, the doctor will prescribe medications and will recommend strengthening exercises. If the case is severe, then surgery might be needed. 

If you injured your joint in a car accident, ask the doctor about the chances of developing post-traumatic arthritis and what precautions you should take to lower this risk. If you don’t know about potential post-traumatic arthritis, you might have the challenge to get a fair settlement. The settlement is significant in case if years later your post-traumatic arthritis requires complex surgery. 

Rheumatoid Arthritis

This arthritis is connected with aging and the risk be increased if you had a trauma from a car crash. Severe trauma to a joint can accelerate a continuous inflammatory disorder, which may lead to the spread of inflammation to other joints.

What To Do In Such a Case

After the accident, it’s important to get medical help. Even if you don’t have any visible injuries and feel well, make sure to get a medical exam. This is important because sometimes internal injuries may appear after a few days. Without a medical record of your condition, the insurance company will have a better chance to argue that your injury happened because of some other accident, and not the actual car accident you were in. This will make things much more difficult for you if you have to seek a compensation claim to cover your medical bills.

When it comes to arthritis that appears years after the accident, it’s best to hire an attorney to help you seek the claim. You might be entitled to certain benefits like rehab or medical expenses. 

Your personal injury attorney will help you collect your claim for pain and suffering as well. Post-traumatic arthritis can easily cause you pain and suffering since it can significantly affect your everyday life. You might not be able to work or enjoy simple things like hiking, playing spots. 

Dealing with all the legal matters, negotiating with insurance companies, and seeking claims can be time-consuming, stressful, and complex. 

Allow our team to stand by your side. For any question you have, Rowe & Hamilton team is here to answer it for you. Schedule your first free consultation today. 

When it comes to a car accident settlement, it’s important to know that you aren’t obliged to accept the first offer. In fact, if you do this, you risk getting a low settlement that may not even cover all your damages. 

Some people prefer going to trial in such cases because this way they have a guarantee that they’ll get the money (with a chance to access the money sooner). There are several reasons why some people won’t accept the first settlement and we’ll go through them in this text.

What’s important is to have an attorney by your side. If you were involved in a car accident, make sure to contact an Indianapolis car accident lawyer. 

Reasons Why People Don’t Accept a Car Accident Settlement

Sometimes the settlement offer isn’t reasonable for the plaintiff. They wouldn’t accept the car accident settlement if they demanded a certain amount and then got a lower offer. Another reason for not accepting the settlement if the defendant doesn’t offer any settlement at all, so the plaintiff will have no choice but to go to trial. 

When punitive damages are involved, the plaintiff will prefer to go to court so they can get a higher award. 

The value of the plaintiff’s claim takes certain damages into accounts such as the following: 

• Medical bills (ambulance rides, hospital stay, medications, therapy, surgeries)
• Lost wages or future earning capacity from missing days, weeks, or months of work
• Damage property (including car repairs)
• Pain and suffering

Often, the plaintiff will reject the settlement if it’s too low (in case it won’t cover the upper mentioned bills and expenses). A personal injury attorney can draft a counteroffer that explains to the defendant why the plaintiff deserves the compensation they requested.

Can You Sue After Accepting a Settlement?

One big reason why many people won’t accept a settlement is that often the liable party’s insurance will demand the victim to sign a liability waiver before they collect the settlement. This waiver is a legally required form that prohibits the plaintiff from seeking compensation for the same accident or suing the at-fault party.

It’s Always Up to You

There’s no rule that you should refuse the offer. If you believe that the offer is suitable and that will help you cover your damages, but also believe that there won’t be any higher offer, you can accept it.

Your attorney can suggest what to do, but you have the final word. 

What’s important is to make a decision that matters, not just make it because it’s expected from you. Take some time, consult with your lawyer and your family before saying the final word. 

Low Offers are Common

You should be prepared to get a low offer. Insurance companies will do their best to offer a settlement that won’t affect their budget. When you get the offer, it’s very likely that you’re stressed and emotional and probably scared. You’ve been injured and bills are waiting. Maybe your doctor or mechanic is pressuring you to pay the bills and you fear that you won’t get any better offer than the current one. 

The adjuster knows that you’re in a stressful time of your life and that you feel the pressure. Therefore, they know that you might accept a lower offer. The insurers will calculate what claims such as yours typically cost the company, so they’ll offer you less just to see if you’re going to accept it. 

Consult an Attorney

Don’t get tricked by an insurance company. They will ask you questions after the accident and every word you say will be used against you.

After an accident, you might still be recovering and have many things on your plate. A personal injury or car accident attorney should review your case and guide you into the entire process. 

They will advise you to take or not to take the offer (you have the final word). If you refuse it, they will readily start negotiating with the insurers.

You should be ready that you may or may not get a better offer; still, the negotiation should be done by a skilled and experienced lawyer.

Our team at Rowe and Hamilton is here to help you with your case. We have a history with such things (negotiation, seeking settlements, counselling). We are ready for you and your questions. Allow us to stand by your side.

Contact our office today and schedule your first consultation completely free of charge. 

Like every other state, Indiana has its state laws that dictate wrongful death claims. Wrongful death, according to Indiana’s wrongful death statute, is defined as a situation in which the death happened (or was caused) by the wrongful act or neglect of another person.

Wrongful death claim

The easiest way to explain this claim is to see the wrongful death claim as a personal injury claim only, in this case, the injured person has died. Since this person is dead, they cannot be the plaintiff, so the estate of the deceased person can seek claims and establish liability on the part of the defendant whose negligent actions caused the death.

A wrongful death claim is a civil lawsuit and is filed by the estate directly, and that fault is expressed only in terms of civil damages. There are cases where criminal charges may be filed by the state based on the same events. Let’s say the death was caused by a car accident in which the driver who caused it was intoxicated. The state will then file criminal charges against the driver (under Indiana’s vehicular manslaughter law). But, the criminal case is a separate claim from any wrongful death claim. To collect damages for negligence, the estate should first file a wrongful death case, even if a criminal case is already proceeding.

Can you file a wrongful death claim in Indiana?

In this state, the wrongful death claim must be filed by the personal representative of the deceased person’s estate. The damages may be given to the dead person’s spouse, children, or other dependents. If there is more than one person who is eligible to collect the damages in a wrongful death case, the court will determine how to split up the total damages award.

If the wrongful death claim involves the death of a child, the claim must be filed by one (or both) parents. In case the parents are divorced, the claim must be filed by the parent who had legal custody of the child. If the parents are dead or their parental rights have been ended, the case must be filed by the child’s legal guardian.

Statute limitations for filing a wrongful death claim in Indiana

A wrongful death claim in Indiana has a time limit of only two years of the date the death occurred. If the claim is not filed within the two years time limit, the court will not accept to hear the matter. The surviving family members are at risk of losing a great chance to seek the damages for the wrongful death of their loved one.

The time limit remains the same even if the case involves the death of a child or if a criminal law case is occurring at the same time.

Wrongful death case damages in Indiana 

The fault in a wrongful death case is expressed in terms of civil damages, that should compensate the surviving family members for death-related losses. Indiana has specific rules about what types of damages may be collected in a wrongful death case and the available amounts.

Indiana lets the deceased person’s estate (spouse and children) to collect the damages if liability is established in a wrongful death case. Here are the options:

• funeral and burial costs
• medical and hospital costs
• lost wages and benefits the dead would probably have earned if they had lived
• costs of proceeding the wrongful death lawsuit.

Indiana does not allow paying of wrongful death lawsuit damages based on “grief” experienced by surviving family members. The claims for an Indiana wrongful death case are limited to $300,000.

Damages for hospital medical, funeral, and burial costs must be paid directly to the estate. The estate is responsible for using the money to pay any medical, hospital, funeral, or burial expenses. Claims for lost wages are divided among the surviving spouse and children.

If the wrongful death case is about a child, the parents may get damages for medical expenses, hospital, funeral, and the costs of pursuing the wrongful death case claims for the loss of the child’s services, love, and companionship. Parents may also demand damages for the costs of counseling (their own or of the siblings) after the death.

If you have lost a loved one in a wrongful death case, you can begin the process of getting your wrongful death compensation claim. Call our office today and schedule your initial consultation with our wrongful death attorneys. We are expecting you.

Having practiced in the area of personal injury law in Indiana for over 35 years, I have seen one injury that is typically missed by a lot of attorneys. The symptoms can be subtle, but persistent and can have profound effects for the injured down the road. You must have patience and persistence to fully ascertain this injury and get treated with the right doctors and medical professionals that understand this injury and its effects. What is this injury? It is a TBI or a traumatic brain injury. 

What is the medical definition of a TBI? TBI is defined as an alteration in brain function, or other evidence of brain pathology, caused by an external force. Alteration in brain function is defined as one of the following clinical signs:

1) any period of loss of consciousness or a decreased loss of consciousness; 2) Any loss of memory for events immediately before or after an injury; 3) neurological deficits such as weakness, loss of balance, change in vision, sensory loss, dizziness, headaches: 4) Any alteration in mental state at the time of injury (confusion, disorientation, slowed thinking). There can be subtle changes in attention, memory, cognitive functioning, speech and language, and personality. These wide-ranging physical and psychological effects may appear immediately after a crash or appear days or weeks later. One can have normal testing from a CAT Scan and still have a TBI. A TBI can be caused by a blow to the head or even a jolt to the head. The brain hitting the sides of the skull in a hyperextension and hyperflexion movement can cause a TBI. A concussion can be a sign of a TBI also. Post-concussive symptoms must be monitored for months to see if they subside or continue. A personal injury lawyer cannot be in a rush to settle these TBI cases.

Often a person with TBI experiences changes in their thinking skills. There can be problems with memory, reasoning, judgment, concentration that were not there before. A person with a TBI can have communication problems including difficulty understanding speech or writing, inability to organize thoughts and ideas, difficulty in speaking or writing and trouble engaging in conversation.  There can be behavior and emotional changes including personality changes, difficulty in self-control, mood swings, anger, depression, and irritability. There can be sensory changes including persistent ringing in the ears, trouble with balance or dizziness, double vision and impaired eye-hand coordination. 

Countless people suffer these injuries from automobile and trucking crashes and may not even know it. An experienced car accident lawyer in Indiana must look for these symptoms and get his client the right medical treatment. Often these injuries can be permanent and cause life-changing alterations for the injured. If these are injuries are missed, this will significantly decrease the value of your personal injury claim. Insurance companies continue to downplay these injuries and question their validity. They do not want to pay the true value of these claims. If an attorney misses these injuries and is not trained to look for them, he or she is doing a serious disservice to their clients. 

If you have been injured in an auto or truck crash and think you may have a TBI, it is important you see an experienced personal injury lawyer that is thoroughly familiar with these type of injuries and can fight for fair compensation. At Rowe and Hamilton, we know the devastating effects a TBI can have on you and your family. Please call Timothy Rowe if you have been in an accident and think you may have a TBI so that we help you get fair and reasonable compensation for your injuries.   

Most people can go all their lives and not have to worry about getting into a car accident. For some of us, we’re not that lucky. You could get into a fender bender on the way to work. Or someone may rear-end you on the way home from the mall.

If this happens to you, chances are, you won’t know what you’re supposed to do. You know you’ll have to exchange insurance information. At some point, you’ll have to file an insurance claim. The question is simply whose insurance company will have to cover your damages.

The problem with any car accident case is that there will be a long time between the time of your crash and the day your claim is paid. It could be weeks or it could be months. If your claim is denied outright, it could be years before you see a dime.

In the meantime, you’re going to have to worry about all sorts of expenses. Odds are, you’ll have to cover a lot of these out of your own pocket. It’s really important that you keep track of these. Make sure you have all of your receipts. You’re going to have to turn all of these over to your Indianapolis car accident lawyer.

Car Rental Expenses

Some people think that, if their car gets wrecked in an accident, their insurance company will provide a rental car. To some extent, this is true. Your insurance company will usually offer to pay for a rental car for a certain period of time.

What a lot of people don’t realize is that there’s a good chance it’ll only cover certain types of cars. If you were used to driving a luxury SUV, odds are, your insurance company won’t pay for you to rent a luxury SUV.

If you want to rent a car comparable to what you had before, you may have to pay a portion of this yourself. For example, the insurance company may cover up to $27 dollars a day for a car rental. Most SUV cost more than this to rent. So, if you choose a car that costs $54 a day, you’ll have to pay the difference of $27 per day.

Your insurance company is also only going to cover a certain maximum amount of car rental fees. They may say they’ll pay up to $150 total. This means that, after 5-6 days, you’ll be on your own for covering car rental expenses. 

It’s important that you keep documentation of all of these things. It will add up. Your Indianapolis car accident attorney can submit this as evidence of your damages.

You May Have to Pay Some Medical Bills

While your insurance company is still sorting out your claim, you may be responsible for some of your medical bills. You may be required to pay co-pays and prescription costs. This may not sound like a lot of money. However, they add up quickly. This is especially true if you have to pay a portion of your ambulance bill or emergency room visit.

You might require certain medical equipment. You may need a wheelchair or crutches. These things cost money. If your insurance company doesn’t cover 100% of these costs, you’ll be footing the bill. Again, it’s important that you keep records of all of these things. It’s a good idea to take pictures of each piece of equipment and attach it to the bill so your car accident lawyer in Indianapolis can explain it to a jury.

You Will Probably Have Car Repairs

If you have to pay to get your car fixed, the insurance company will more than likely cover it. Even if the other driver is held responsible, your insurance company will demand that the defendant’s insurance company reimburse them.

At a minimum, however, you will have to pay your deductible. A common deductible amount in this kind of situation is about $500-$1,000. It all depends on what you signed up for when you got your policy.

Contact an Experienced Car Accident Lawyer in Indianapolis

If you get into a car crash – even a minor one – you’ll have to pay for some things out of your own pocket. The defendant should be held responsible for these expenses. This is why you should keep receipts and all documentation.

Your Indianapolis car accident lawyer will work hard to get you compensation for all of these things. That’s why you should call and schedule your free initial consultation today.

You’d be surprised at how many people forget to car their car inspected in time. Some of the most common tickets are given out for expired registration and expired inspection stickers. So it makes sense that people worry their insurance won’t cover their accident if their car wasn’t inspected.

If you’re the victim in a car accident, the last thing you want to hear is that your claim won’t be covered. So when you find out that other driver didn’t get their car inspected as required, you may worry. You’ll be afraid their insurance won’t cover your claim because the vehicle wasn’t inspected. 

Every state has their own laws about how often a car needs to be inspected. It depends on how old your car is. Newer cars can go several years without having to be inspected. Older cars need to be inspected every couple of years.

Indianapolis wants to make sure the cars their citizens are driving are safe. One way to do this is to have them inspected periodically. They’re tested for emissions and for safety. They don’t want people on the road if their vehicles aren’t fit for driving.

If the car that hits you had an expired inspection sticker, you should still be able to file your claim against their insurance. You need to call and meet with an experienced car accident lawyer in Indianapolis to be sure.

What is the Law in Indiana for Vehicle Inspections?

The law in Indiana is similar to most other states when it comes to vehicle inspection requirements. If you don’t follow these rules, you can be pulled over, issued citations and fines.

In Indiana, the following rules apply for registration and inspection:

• All new residents must register their car within sixty (60) days
• All cars manufactured in 1976 or later must have their emissions tested every two (2) years
• If your car was made in an even year, you must get it inspected in even years. If it was made in an odd year, you have to get it inspected in an odd year.

There are some exemptions for certain types of vehicles. These exemptionsinclude:

• If your car is 4 years old or newer, you don’t have to get it inspected
• If you drive a car that runs on diesel or is electric, it doesn’t have to be inspected
• Cars manufactured in 1975 or earlier don’t need to be inspected
• Motorcycles are exempt
• Recreational vehicles and show cars are also exempt

If someone doesn’t get their car inspected, it’s for one of two reasons. Either they just didn’t get around to doing it. Or, the car failed for mechanical issues. If it’s the latter, there could be issues when it comes to an accident claim.

How Does a Failed Inspection Affect Your Accident Claim?

If a car wasn’t inspected because the owner forgot (or procrastinated) getting it done, it will not impact your accident claim. However, if the other driver’s car failed inspection, due to a mechanical issue, it could impact your claim.

The other driver’s car may have failed inspection for the following reasons:

• The brakes need to be replaced
• A light is out
• The emissions are off which means that could be an engine problem

Any of these things can cause an accident. If the insurance company determines that their insured could’ve avoided the accident by getting the car fixed, they may deny your claim. If this happens, your car accident lawyer in Indianapolis will have no choice but to file a personal injury lawsuit against the driver.

Can You Sue the Driver Personally?

There’s no reason why you can’t sue the driver personally. The problem is, you may not want to. It’s a lot easier to get money from an insurance company than it is a person. If a person has no assets, there’s not much you can do to collect on your judgment.

In order to collect on your judgment, the defendant has to have property, other assets or an income. If they don’t work or don’t own any property, your judgment may be worthless. You could have a judgment that isn’t worth the paper it’s printed on.

It’s a good idea to meet with an experienced car accident attorney in Indiana before you do anything. Your lawyer can review your case and let you know what it may be worth. They can also let you know if your case has any merit.

When it comes to car accidents, they’re usually caused by traffic violations. Most of these could have been prevented. It’s because drivers aren’t careful that they get into crashes. If they just followed the basic traffic laws in Indianapolis, the roads would be a much safer place.

Indianapolis car accident lawyers handle dozens of these cases every year. Most of their clients are victims of negligence. They were hurt because some other driver chose to ignore the basic care due to other drivers.

If your car accident attorney in Indiana can prove the other driver was committing a traffic violation at the time of the crash, it’ll help. They can use this to show the other driver was responsible for the accident.

While proof of a traffic violation helps prove fault, it isn’t the only thing used to determine liability. For example, someone can be going 5 miles over the speed limit. That doesn’t mean they’re automatically liable for an accident. The other driver could’ve been doing something much more irresponsible.

However, if you can prove the defendant was convicted of a traffic violation, it may go a long toward proving fault. Your Indiana car accident lawyer will certainly use it to their advantage. Here are some of the more common traffic violations in Indianapolis that lead to car accidents.

Drinking and Driving – DUI

One of the leading causes of traffic fatalities in Indiana is drinking and driving. This includes people who are under the influence of drugs at the time of their accident. Clearly, it’s against the law to operate a vehicle while under the influence of drugs or alcohol.

When people choose to get behind the wheel after drinking or getting high, they put others at risk. There’s no justification for this. They could’ve called for an Uber or Lyft. Instead, they decided to act irresponsibly.

If you’re the victim in an accident caused by DUI, you should have a good chance at winning your case. Once your Indianapolis auto accident lawyer submits proof of the defendant’s DUI, it won’t be difficult to prove fault.

Reckless Driving

Similar to drinking and driving, people guilty of reckless drivinginjure and kill thousands of people every year. Reckless driving involves operating a vehicle with willful disregard for other motorists.

Some examples of reckless driving include:

• Going more than 25 miles over the speed limit
• Tailgating
• Illegal Passing
• Driving the wrong way down a one-way street
• passing on a curve
• using the opposing traffic lanes to pass drivers
• weaving in and out of traffic
• Driving on the shoulder

If the defendant in your case did any of these things, your lawyer will point it out in court. If a traffic citation was issued, the other driver’s insurance company will know it. They may be more likely to settle your claim in these situations.

Speeding

There are posted speed limits on every road in this country. If you’re on a major highway, the limit is usually between 55 and 65 mph. In Indiana, this limit ranges anywhere from 45 to 70 mph – it depends on what road you’re on.

The legal speeding limitsfor highways in Indianapolis are as follows:

• Minimum speed limit of 45 mph
• 70 mph for rural highways
• 65 mph for 4-lane divided highways
• 55 mph for all other highways

If someone exceeds these speed limits, they are breaking the law. They’ll be issued a citation at the scene of the accident. The problem is, since the cops weren’t there at the time of the crash, there’s no way to prove they were speeding.

Accident recreation specialists can help determine how fast the cars were going at the time of the crash. Some cars even have computer programs that have this information records. Finally, there may be cameras that captured the car immediately before or during the accident.

Contact an Experienced Car Accident Lawyers in Indianapolis

If you’ve been hurt in any sort of car accident, you should call an experienced car accident lawyer in Indianapolis. They can review your case and let you know if you have a valid claim. They can also let you know what your case may be worth.

You can call today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. The other driver will have lawyers working for them and you should too.