Indianapolis Car Accident Lawyer

Have you suffered from car accident injuries? When drivers act negligently, they endanger other motorists and can cause significant harm. Depending on the severity of a motor vehicle accident, these incidents can often be life-altering. After enduring car accident injuries, you may experience physical, emotional, mental, and financial confusion and pain. Having an experienced Indianapolis car accident attorney at your side can help make the healing process more manageable.

Suppose you or a loved one have been injured in a car accident that was not your fault. In that case, you may be eligible for financial compensation.  The Indianapolis car accident lawyers at Wilson Kehoe Winingham can help you with your car accident case.

Our Location in Indianapolis, IN

Indianapolis Car Accidents

Indiana can be a hotspot for accidents because of its proximity to cities, long highways, and driver negligence. The most recent data from the Indiana University Public Policy Institute is from 2020. Looking at the state of Indiana, 47% of fatalities and 70% of non-fatalities happen in urban areas like Indianapolis. In 2020, Indiana drivers experienced 175,821 collisions, 808 of which resulted in fatalities.

Dangerous Driving In Indianapolis

Driver-related factors contributed to 85% of total collisions and 96% of fatal collisions in Indiana. These statistics make drivers’ actions the primary cause of car collisions, injuries, and fatalities in Indiana.

Dangerous driving includes distracted driving, speeding, reckless and/or aggressive driving (like swerving lanes and cutting other cars off), and violating traffic rules. These are just a few examples of how dangerous driving can lead to life-altering impacts.

Dangerous driving in Indiana contributed to 149,447 accidents in 2020. Unsafe actions in our state are the leading cause of traffic collisions, making up 50% of fatal accidents and 66% of non-fatal collisions. If you have been in a car accident because of someone else’s unsafe driving, you may be eligible to file a claim.

Car Accidents Involving Fatalities And Injuries In Indianapolis

According to the most recent Indiana Crash Facts Book, 808 of the total 175,821 collisions in Indiana were fatal. The top three reasons for car-related fatalities are:

• Pedestrian-related action, resulting in 118 deaths per 1000 crashes
• Driving the wrong way on a one-way road resulted in 39 deaths per 1000 crashes
• Driving left of center resulted in 27 deaths per 1000 crashes

Other notable reasons for crashes in recent years include unsafe speed and driver illness. 

Though weather conditions can contribute to accidents, most Indiana collisions happened on clear days:

• 584 fatal accidents happened during clear weather conditions; the next highest fatality amount is 11 in cloudy or poor visibility conditions
• 692 fatal accidents happened when roads surfaces were dry
• 379 of the 808 fatal crashes happened during the day

Fatal car accidents are traumatic and devastating. The grief one may feel after losing a loved one in a car accident can be heavy and come on suddenly. You may be eligible for a wrongful death lawsuit if your loved one has been in a fatal car accident. 

Car Accident Causes

The majority of car accidents happen due to human error, along with a variety of contributing factors. Some of the leading causes of car accidents include:

• Distracted driving (texting, talking on the phone, eating, grooming, etc.)
• Impaired driving (operating a vehicle under the influence of drugs or alcohol)
• Speeding
• Running red lights or stop signs
• Reckless or aggressive driving (switching lanes too quickly, disregarding the safety of others, etc.)
• Fatigue (sleepiness, drowsiness, or exhaustion)
• Weather conditions (rain, snow, fog, wind, etc.)
• Road conditions (poorly maintained roads, improper signage, etc.)
• Vehicle defects
• Loss of control
• Driver illness

Knowing the most common causes of motor vehicle accidents can help keep you and your family safe on the road. Preparing for safety before getting in the car is an important part of being proactive about avoiding potential collisions.

Types of Car Accidents

Some of the most common types of car accidents include:

• Head-on collisions
• Intersection crashes
• Tractor-trailer wrecks
• Motorcycle/scooter accidents
• Accidents involving pedestrians or bicycles
• Failure to yield
• Single-car crashes
• Side collisions
• Rear-end collisions

Car accidents can lead to severe injuries, significant property damage, and even fatalities.

What to Do if You’ve Been in a Car Accident

Car and other auto accidents are scary, especially if injuries and severe damage occur.

If you are involved in an auto accident, take the following steps:

Stay Calm and Get to Safety

The first thing you should do is get to a safe location as quickly as possible. If you can, move your vehicle to the side of the road. If not, leave your car where it is and make sure you and your passengers are at a safe distance and out of traffic.Additionally, try to warn oncoming vehicles of the collision to avoid further accidents.

Check for Injuries

Check yourself, your passengers, and people in the other vehicles for injuries. Seek medical attention immediately if anyone is seriously injured. Do not try to move someone badly hurt unless there is immediate danger; doing so could injure someone further.

Call the Police

Contact law enforcement to file an official accident report. Notify them of any injuries, so they can dispatch medical personnel if necessary.  Unless you are injured, stay at the scene and cooperate with the officer.

Document the Accident

Use your phone to take pictures and videos of the scene. Record a walk-around of your car. Also, photograph the other driver’s car, the road, skid marks, broken signs, broken guardrails, and other aspects of the accident scene. It is also helpful to keep a diary of all significant details concerning the accident. This evidence will be helpful for your auto accident case. Make a list of damaged property, write down traffic and weather conditions, and describe the position of cars and the length of any skid marks you see.

If you are injured and would like to file a lawsuit, continuing to document your injuries daily or weekly can act as evidence for your case.  Keep detailed descriptions of how the accident has affected your daily life.  Providing such details can help the judge and court verify your experience. 

Collect Information

Record the following information concerning the accident:

• Names and contact information of all drivers and passengers involved in the accident
• License plate number, make, and model of all vehicles involved in the accident
• Insurance information of all drivers involved in the accident
• Names and badge numbers of all police officers at the scene
• Service or reference number of the official accident report
• Names and contact information of any witnesses

These notes are crucial to building a successful case. Your attorneys will use this information in their investigation.

Seek Medical Care

It’s crucial to get checked by a doctor, even if you don’t have any apparent injuries. Injuries from a car accident could take days or months to appear. Don’t wait until you are in pain to see a doctor. Get a quick checkup as soon as you can after the accident. 

Inform Your Insurance Company

Make a thorough accident report to your automobile insurance company. However, when speaking with the insurance adjuster, don’t sign any documents or give statements. Anything you say could be used against you in the future. 

Call an Attorney

Contact an experienced Indiana auto accident attorney as soon as possible after your accident. At WKW, we specialize in assisting people injured in an Indiana car crash. Our team can help you navigate the complexities of personal injury law and determine if you can seek compensation for your injuries.

Car Accident Compensation

You may be eligible for compensation if you were in an Indiana car crash and another driver’s negligence caused the accident and your injuries. Car accident settlements vary depending on the damages and injuries that result from the crash. The compensation you may receive can support you in covering your expenses.

Types of Car Accident Compensation and Damages

There are two main types of auto compensation you may be entitled to following an accident. Victims can recover economic and non-economic damages.

Economic damages, also called special damages, cover losses with a quantifiable dollar amount.  These damages include:

• Medical expenses
• Vehicle damages
• Lost wages or income
• Hospital bills
• Property damage
• Car rental and towing costs
• Rehabilitation costs

Non-economic damages, also known as general damages, do not have an exact dollar amount. Damages you could get covered include the following:

• Pain and suffering
• Loss of companionship
• Mental anguish
• Lower quality of life
• Long-term disability
• Fear or anger

How Is Compensation For A Car Accident Calculated?

Some damages are straightforward to calculate due to their economic nature. Other costs, such as pain and suffering, are more difficult to quantify. An experienced Indiana car accident lawyer can help you determine what compensation you could receive.

In general, we may reach a settlement by taking into account the following factors: 

• Total medical expenses
• Lost wages
• Severity and permanency of the injury
• The prospect of future care
• The amount of pain and suffering
• The effect the injury has on the person’s ability to function and quality of life
• The person’s age

Calculating general damages can seem subjective; having an experienced attorney by your side to present your evidence to your insurance provider or in a settlement is strongly advised.

How Can a Car Accident Attorney Help?

Auto accident cases can quickly become complicated. Many factors are at play, and determining liability is difficult when there might be more than one driver at fault. Seeking representation from an experienced law firm can help you build a strong case and increase your chances of securing compensation for your injuries. 

Filing A Car Accident Lawsuit

After a car accident, you may feel overwhelmed. Medical bills, car repairs, calls from insurance agents, and low settlement offers can all pile up making it seem impossible to get the compensation you’re entitled to. An Indianapolis auto accident attorney at WKW can help you understand your rights and walk you through the process of the car accident lawsuit to build a successful case so you can focus on your recovery.

When possible, we will negotiate a settlement. However, suppose all parties cannot agree on a fair settlement offer. In that case, we will take our significant trial experience to court and fight for reasonable compensation. 

Car Accident Lawsuit Process

Litigation in car accidents differs from case to case because each experience differs. Although cases are independent of one another, the general order of proceedings goes as follows:

• Complaint: Writing a complaint initiates the litigation process. After filing a complaint with the court, you must provide it to the defendant.
• Answer:  Once you have found the defendant and given them the official complaint, they then need to respond to you.
• Discovery: Analyzing evidence is the discovery portion of the lawsuit process. The timeline for discovery may last between a few months to over a year.
• Trial: Once all evidence is examined, a court trial will take place. Both parties will present evidence for a jury to determine a verdict.
• Potential Appeal: If either party is unsatisfied with the verdict, then there is a possibility of an appeal. Appeals can take additional months or years. If this is the case, the experienced lawyers at WKW can help you get the compensation you deserve.

How Is Fault Determined In A Car Accident In Indiana?

Indiana uses tort liability, which is an at-fault liability. Tort liability means that fault is determined based on the percentage of fault each driver has. The percentage you are at fault is the amount you will pay or receive in compensation. 

Indiana requires all drivers to have a minimum of $25,000–$50,000 for injury and $10,000 for property damage. Establishing a driver’s negligence is crucial in determining fault, and this can be done by presenting evidence.  An experienced lawyer will be able to review your evidence and help present it to insurance companies.

Investigating A Car Accident

When the lawyers at WKW investigate an accident, we always start at the crash scene. Going straight to an attorney will help with preserving the scene. Reporting the accident to the police is a critical step after a car accident. Yet, police reports are considered inadmissible in court.

In personal injury lawsuits, the more high-quality evidence in your case, the better. Experienced auto accident attorneys can assist in investigating car accidents to prove your eligibility for compensation.

Car Accident Settlements And Negotiations

A car accident settlement negotiation is an agreement between the parties involved in an auto accident. The settlement can be between a victim and the negligent party or the negligent party’s insurance company. 

Here’s an example of the timeline you can expect when you negotiate a settlement.

Collect Evidence and Contact an Attorney

If you believe you may have a case, gather any documentation and correspondence you have that could apply to your case. Then, contact your personal injury attorney. They will review your evidence and help you request any additional documentation you need.

Send a Demand Letter

A demand letter is a professional document that requests payment or another demand at the opposing party’s fault. Your attorney will draft and send this letter on your behalf.

Wait for the Other Party to Respond

When you send a demand letter, the insurance company may respond in one of four ways: 

• They accept your demands and pay accordingly.
• They counter-offer.
• They deny your claim and refuse to pay.
• They do not respond. 

If the insurance company does not pay the amount you’ve requested, ask your attorney how you should respond to complete the settlement. Car accident settlement timelines vary case by case but typically last one to three months. Compared to court cases, settlements can save both parties money and time.

Car Accident FAQs

If you’re considering filing a claim after a car accident, having many questions is normal.

 These are some of the most frequently asked questions regarding car accidents. However, this is not an exhaustive list. For specific questions regarding your claim, reach out to an Indianapolis car accident lawyer today. 

Reach Out to WKW to Speak with an Experienced Car Accident Attorney in Indianapolis

Our dedicated team of lawyers has been recognized and awarded for their work. Three of our attorneys have been named Indiana Super Lawyers, with two of them included in the Top 10 Indiana Super Lawyers list. WKW partners Bruce Kehoe and Bill Winingham have been recognized as “Lawyer of the Year” for Indianapolis in Best Lawyers. We will bring this standard of excellence and dedication to your car accident case. 

With over 30 years of practice, the auto accident attorneys at WKW will investigate and analyze every part of your case and ensure you get the assistance you need to succeed. Whether your case is negotiated at settlement or brought to trial, WKW is ready for the challenge.

With extensive experience in auto accidents and injuries, the attorneys at Wilson Kehoe Winingham can help you get the compensation you deserve. We serve clients throughout the Indianapolis area and in Kokomo, South Bend, Ft. Wayne, Muncie, Terre Haute, Richmond, Evansville, Bloomington, and Anderson. In the event of a tragic accident, let the legal team at WKW work toward the best possible outcome for your case.

Call 317.785.1093 or fill out an online contact form for a free, no-obligation case evaluation.

---

Client Testimonial: 5/5 ★ ★ ★ ★ ★

Bill, Jon and Megan made me feel comfortable right away. They listened, then asked question. They explained what they could do for me very clearly, defining the parameters of their service and possible outcomes. I would recommend the firm to any of my friends and family members.

-Nancy Z.
See more reviews on Google

---