Injured In A Car Accident? Let Our Attorneys Fight For The Compensation You Deserve.
Car accidents often have life-changing consequences, including serious injuries or deaths, medical bills, lost income, property damage and more. If someone else was responsible for causing your accident, Indiana law allows you to seek compensation from insurers and the at-fault driver. However, handling this process on your own can be time-consuming and difficult, especially while trying to focus on your physical health and taking care of your family.
Thankfully, experienced legal help is available when you contact Hilbrich Law Firm. Since our firm was founded in 1952, we have been serving the legal needs of personal injury victims throughout northwest Indiana. We can represent you following any type of motor vehicle accident, including those involving cars, trucks, motorcycles, pedestrians, bicyclists and more. We provide free consultations and take these cases on a contingency fee basis, which means if there is no recovery, there is no attorney fee.
Recognizing Local Car Accident Frequency
Northwest Indiana, a bustling hub with significant thoroughfares such as Interstate 65, Interstate 80 and Interstate 94, experiences a high volume of car accidents annually. This is partially due to these interstates being vital routes for most commuting and commercial traffic going to Chicago or other major cities, as well as attractions like Indiana Dunes National Park.
Lake County and Porter County have also seen a notable number of accidents, which shows the influence airports, attractions and travel can have on local traffic, all increasing the chances of someone experiencing catastrophic injuries on the road.
Determining Liability After A Car Accident
Determining liability in car accidents in northwest Indiana involves multiple potential parties. While reckless drivers are commonly the liable party in an accident, often through speeding, distracted driving or other issues, there are other parties that could be responsible for your accident. As your legal representation, we can review the details of your case and explore the causes of your accident and who may have caused it.
One possible cause of an accident could be the manufacturer of a defective auto part that caused the accident, such as a faulty brake pad or a nonfunctioning turn signal. If the reckless driver was working during the time of the accident, their employer could be liable for your injuries. It is also possible that the government is liable for your injuries if your accident was caused by poor road maintenance or inadequate traffic controls. In some cases, the mechanic who repaired a vehicle poorly in the accident could be responsible for your accident. We can review your claim to determine who is most liable for your injuries.
How Indiana’s Auto Insurance Laws Affect Car Accident Claims
Indiana is an “at-fault” state, meaning that anyone who is injured or suffers damages in a vehicular accident must prove a driver was negligent and file a claim with the liable driver’s insurance policy or his own company if the driver or vehicle was not insured. In the event that a claimant’s damages are expensive or medical bills exceed the compensation limits set by the liable driver’s policy, he may be entitled to file a claim with his own insurance company for the remaining amount. They can also personally sue the other party involved.
Our state also recognizes the “no pay, no play” principle. Essentially, if an uninsured motorist is injured or suffers damages in a car accident and an insured driver is at fault, the uninsured driver will not be permitted to claim any financial compensation for physical injury, pain, suffering or mental anguish. It should be noted that this is only applicable to a motorist who was uninsured at the time of the accident and who has received a prior violation in the state.
Liability insurance can cover the driver of the insured vehicle in question, even if they are not the registered owner. This can allow family and friends to be protected, as well as neighbors, coworkers and anyone else with permission to drive the car. The policy will typically cover damages, injuries and medical bills for passengers, pedestrians and any other drivers.
What Are Some Of The Most Common Causes Of Car Accidents?
It does not matter if you’re on a long trip or you are just pulling out of your driveway – anybody can become a victim of a car accident. Common causes of wrecks include:
- Distracted driving: Careless drivers engage in texting, video-taking, eating, adjusting the radio and more while behind the wheel.
- Speeding: Driving faster than the posted speed limit inherently reduces the time a driver has to react to obstacles on the road.
- Drunk driving: Everybody knows that drunk driving is risky behavior, but some drivers continue to do it anyhow.
- Aggressive driving: Tailgating, unsafe lane changes, running red lights and road rage are all problematic behaviors that lead to avoidable accidents.
- Fatigued driving: Drowsy driving can be just as dangerous as drunk driving and can lead to terrible wrecks.
No matter the exact circumstances, the vast majority of car accidents can be attributed to nothing more complicated than simple human negligence. You should not have to pay for someone else’s mistakes, which is why our firm seeks to help injury victims throughout Lake County, Indiana.
What Kinds Of Injuries Do Car Accidents Cause?
Our attorneys have seen firsthand the devastation caused by car accidents. Common injuries include:
- Traumatic brain injuries: TBIs can include everything from a headache-inducing concussion that lays victims up for weeks to permanent brain damage and coma.
- Cervical strain: Whiplash is much more serious than many people realize and often goes along with traumatic brain injuries.
- Broken bones: The force of impact can lead to broken hands, jaws, eye sockets, legs, ribs and pelvises.
- Internal injuries: Even with a seatbelt and airbags, it isn’t uncommon for car accident victims to suffer serious damage to their liver, spleen, heart and lungs.
- Spinal cord damage: These injuries can deprive victims of the ability to walk or even care for their own basic daily needs.
A serious car crash can leave victims with permanent disabilities or even result in death. The emotional trauma of a car wreck can also be significant, especially when the injuries are significant.
What Types Of Compensation Can You Claim After A Car Accident?
There is a range of damages that you may be able to claim, as long as you can prove that the other driver was negligent. These include compensation for:
- Physical injuries, disability and impairment
- Pain and suffering
- Vehicle repairs and damage
- Lost income and reduced earning capacity
- Health care and hospital bills
- Physical therapy costs and expenses
- Medication co-pays
- Emotional distress
- Loss of use of vehicle
- Diminished value of vehicle
Calculating these costs accurately can be difficult, which is why it is critical to work with an experienced attorney like those at our firm. We take the time to carefully assess your claim and advocate for maximum compensation.
Should You Be Communicating With Insurers?
You definitely need to involve insurers early in the process. Failure to contact or cooperate with your own insurance company may reduce or eliminate your coverage. Also, you may have rights and benefits under your policy that you may not know of. However, we recommend you contact us first. Insurers are primarily interested in protecting their own bottom line and are looking for any reason to deny or limit your claim. We know what to say – and what to avoid saying – to insurers, and we can handle all of these communications on your behalf.
When it comes to speaking with the at-fault driver’s insurer, you have no obligation to do so, and you should not communicate without the help of your lawyer.
What Is Considered A Serious Car Accident?
A serious car accident involves significant vehicle damage, bodily injury or both. These incidents usually result in emergency medical attention, police reports and major insurance claims. Common examples include:
● Multicar collisions
● High-speed crashes
● Rollovers
● Accidents that leave a vehicle inoperable
Injuries such as broken bones, head trauma or internal bleeding are strong indicators that a crash was serious.
On the other hand, minor incidents like small door dings, scratches or surface dents are not considered serious car accidents. These minor occurrences often happen in parking lots or low-speed areas and usually do not result in injuries or vehicle damage.
While frustrating, these issues rarely justify a legal claim for damages or personal injury unless they are part of a larger dispute or repeated behavior.
A good rule of thumb: If medical treatment beyond first aid was required or if the car had to be towed, it may qualify as a serious accident. Police involvement and lengthy insurance claims indicate that the incident is more than a minor fender bender.
Preparing For Your First Meeting With Our Firm
There are numerous steps you can take to get your case off to a strong start. Items you should bring to your first meeting with our attorneys include:
- Pictures of the vehicles involved
- Pictures of the scene of the accident
- A copy of your vehicle’s repair estimate
- A copy of the accident report
- Information about the person who caused the accident and his/her insurance claim
- Names and contact information of any witnesses
- Your medical records and bills
- Pictures of your injuries
- Your insurance policy and claim information
- A list of health care providers who treated you for your injuries
It’s OK if you don’t have all of this information ahead of time. We would still be happy to meet with you and explain your options. Please don’t wait too long to take action, however. Indiana’s statute of limitations gives adult claimants a maximum of two years to file a lawsuit, starting from the day the accident occurred. If you attempt to file a claim after this period, it is likely your case will not be considered.
Frequently Asked Questions About Indiana Car Accidents
Many of our clients have similar concerns. Here are answers to some of the questions we hear most often:
What should I do after a car crash in Indiana?
First, check yourself and your passengers for injuries. Turn on your hazard lights and call 911. Waiting until the police arrive to exchange relevant information with the other driver or drivers involved. If at all possible, document the scene by taking photos of the road conditions, the damage to all the vehicles involved and debris from the wreck. This can help you later when you make a claim. Seek medical attention for your injuries right away and contact your own insurance company as soon as possible to report the accident. Then, hire a skilled car accident attorney to defend your interests.
What happens if you crash a rental car without insurance?
Never drive a rental car without insurance. If you crash a rental without insurance, you could be responsible for all of the damages to the rental and the losses suffered by the other parties involved.
Why should I get a car accident attorney?
You should always hire an experienced car accident attorney after a car accident in which you or your passengers suffer injuries. Insurance companies typically push to settle valid claims as quickly and cheaply as possible, and you need someone to protect your interests.
How long after a car accident can you claim injury?
Indiana has a two-year statute of limitations. That means you have two years to file a personal injury lawsuit. However, starting earlier with legal guidance makes it much easier to preserve and obtain the evidence needed to successfully pursue your claim.
Is Indiana an at-fault state?
Yes. Indiana follows an at-fault system for car accidents. This means the driver found to be responsible for the crash is also liable for the damages.
Their insurance company may be required to pay for vehicle repairs, medical bills, lost wages and other losses.
How long is the car accident claim process?
The car accident claim process can take anywhere from a few weeks to several months, depending on the case’s complexity.
Factors like injury severity, dispute over liability and insurance company responsiveness are considered. In more serious accidents, the process can take longer due to medical treatment and negotiation.
How do I know if I have a case?
You may have a case if you suffered injuries, significant vehicle damage or financial losses due to someone else’s negligence.
However, minor issues like small dents or door dings do not qualify. A personal injury attorney can help assess the full scope of your accident and determine if it meets the legal threshold for a claim.
What is considered a serious car accident?
A serious car accident is one in which a driver or passenger sustains life-threatening injuries or injuries that could leave them with permanent scars or disabilities. Most likely, the victims will be hospitalized due to their condition.
Should I report the accident to your insurance company?
Yes. Other steps should come first, such as calling the police and seeking medical attention. But as soon as you can reasonably do so, you do want to make a report to your own insurance company. You can provide any information that you have, such as the case number from the police.
Should I speak to the other driver’s insurance company?
No, there’s no need to talk to the insurance company for the other driver. If they are involved, they will communicate with your insurance provider after you file your claim.
How soon should I see a doctor after a serious car accident?
After a serious car accident where you have suffered injuries, you need to get medical care as fast as possible. This is never something that you should put off. It is the most important step to take after a car accident. On one hand, you may need extensive medical care just to treat your injuries. On the other, it’s very helpful to have medical documentation showing that you were injured in the crash and demonstrating both the extent of those injuries and the financial costs.
What if the other driver has no insurance?
If you’re involved in an accident where the other driver doesn’t have insurance, they have already violated the law by driving without a policy. It’s wise to have underinsured motorist coverage or uninsured motorist coverage as part of your policy. You can often still recover some compensation from your own insurance provider, and you may consider a lawsuit targeting the other driver directly.
What is the one thing you must never do after an auto accident?
Do not say anything admitting fault or even suggesting that you were partially at fault for the accident. Remember that what happened at the moment may be unclear to you. It’s best to let professionals work on establishing fault. You simply want to exchange information with the other driver, get any medical care, take pictures, and gather other types of evidence to support your case.
Ready To Get Started? Contact Us For A Free Case Evaluation.
With offices in Highland, Crown Point and Portage, Hilbrich Law Firm serves clients across northwest Indiana. If you were injured in a car accident caused by a negligent driver, get in touch today for a free discussion of your legal options. Call us at 219-444-4330 or submit an online contact form.