Motor Vehicle Accidents in Indianapolis

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Being involved in an automobile accident can be very frightening.  It can also end up being very costly.  Many insurance companies want to settle right away, but will usually settle for less than if you went to court.  Call us at the Motor Vehicle Accident Law Offices of “insert attorney name” in Indianapolis.  We will handle your case and make sure you get compensated for all your bills plus pain and suffering.

Overview

  • Motor Vehicle accidents are caused by:
    • Driver negligence - distraction, speeding, ignoring traffic lights, signs
    • Drunk driving - reckless
    • Cell phones
    • Lack of sleep
    • Defective car parts
    • Road conditions – construction/obstacles, potholes
    • Weather – slick roads, fog, rain
  • The National Highway Traffic Safety Administration states:
    • Auto accidents are the #1 cause of personal injury for people ages 1 through 35
    • Every 10 seconds someone is involved in an auto accident
  • Injuries that can occur are:
    • Whiplash
    • Broken bones, joints
    • Spinal cord injuries
    • Head and/or brain injuries

If an auto accident happens
At the scene

  • Stop your car immediately and do not block traffic if possible.
  • Do not leave the scene.
  • Check to see if the other person is injured.
  • Call 911 – the police.
  • Insurance Adjusters – will take advantage of you – not on your side
    • Do not sign anything
    • Do not make any statements
    • Do not settle
  • Exchange information with the other driver:
    • Name
    • Address
    • Telephone number
    • Driver’s license
    • Insurance company name and policy number
  • Get names, addresses and phone numbers of any witnesses
  • Keep a camera, pad and pencil in your car – take photos of your injuries and/or damages.

After you leave the scene

  • See a doctor as soon as possible even if you do not have any noticeable injuries.
  • Immediately inform your insurance company of the auto accident.
  • Call an attorney.

Uninsured/Underinsured Motorist Insurance

  • Most important insurance coverage to have.
  • Protects you against a driver who does not have liability insurance.
  • You can make a claim under your own insurance if the other driver doesn’t have any.

Personal Injury/Tort Law

  • If you suffer physical or emotional injury and/or damage to property due to the intentional or negligence of another person.
  • You are entitled to be compensated for damages due to the negligence of another person.
  • Tort occurs when:
    • There is a responsibility between the wrongdoer and the injured
    • A breach of the responsibility takes place
    • Damages occur due to that breach
  • Criminal charges can result from reckless of drunk driving that causes a serious incident.
    • There is a responsibility between the wrongdoer and the injured.
  • Strict Liability – Any occurrence of injury is considered a violation of tort law.
  • There is a statute of limitations on personal injury cases.

Wrongful Death

  • A loved one’s death due to another person’s negligence while driving an automobile.
  • Wrongful death is considered a civil matter, not a criminal matter.
  • You must prove that the defendant caused this death by his or her negligence while driving.
  • Surviving family members are entitled to monetary compensation for damages.
    • Lost wages
    • Benefits
    • Companionship
    • Trauma that causes emotional pain and suffering
  • There is no time limit to prove the negligence as long as proof is available.
  • Comparative/Contributory Negligence – the decedent was partially responsible for his or her own death.
    • Damages will be awarded on the percentage that the decedent was responsible.
  • The court takes into consideration:
    • Medical expenses
    • Funeral expenses
    • Loss of future earnings/benefits
    • Loss of companionship – compensates for pain and suffering
    • Punitive damages – punishes the defendant for negligence

Conclusion
If you or a family member were involved in an automobile accident, we can help you recover damages caused.  We will explain all your options in terms you can understand.  Contact an attorney at the Motor Vehicle Accident Law Offices of “insert attorney name”.

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