Indiana is a Tort State in Terms of Auto Accidents and Insurance Coverages

Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Many states are “no-fault” states, meaning drivers that are involved in auto accidents use their own insurance coverage to pay for their damages and losses, no matter who is at-fault for the collision. But Indiana is NOT one of those states. Hoosiers live in a “fault” state, or tort-system state, meaning someone has to be found “at-fault” for the accident. In fact, Indiana uses comparative fault law to determine exactly who is at fault for an accident, and to what degree.

Continue reading to learn more about Indiana’s tort system in regards to auto accidents and insurance policies.

Indiana’s Tort System

In Indiana, they use a tort system that determines who is at fault for a motor vehicle accident. And when a person is assigned fault for an auto accident, it is their insurance company that pays for their damages and the damages of the injured parties, up to their particular policy limits. There are state limits to the amount of insurance a driver must obtain to legally operate a vehicle. In Indiana, the state minimum for auto insurance is 25/50/10. Below is a chart to understand what this numeric value means.

$25,000 Limit for Bodily Injury Liability (per injured person)

$50,000 Limit for Bodily Injury Liability (per accident)

$10,000 Limit for Property Damage Coverage

These values are the state minimum for legal driving in Indiana. If a driver does not have this coverage they are operating their vehicle illegally, and if caught, can face state fines, property revocations, and possible misdemeanor charges.

Comparative Fault

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

Indiana handles automobile accident cases in agreement with the Comparative Fault Act. This means fault is allocated among all involved parties. Parties include the plaintiff (injured driver), the defendant (the accused at-fault driver), and possible “non-party” entities. A non-party entity is a person or company that could be assigned a portion of fault for the accident, but for strategic reasons, was not sued by the plaintiff.

In the case of a motor vehicle accident lawsuit, all parties are identified and then assigned fault. So long as the plaintiff is assigned 50% or less of the fault, they can collect remuneration for their damages. If they are found to be more than 50% at fault, they get nothing. For example: A person is assigned 25% fault, while the defendant is found to be at 75% fault. If the courts award the plaintiff $100,000 for their damages, the plaintiff will only take 75% of that amount since they were apportioned 25% of the fault for the accident. Had the plaintiff been apportioned 51% or more of the fault, they would be compensated nothing.

Additional Insurance Coverage

In the no-fault states, drivers are required to have PIP coverage or MedPay coverage; insurance policies that cover the medical expenses of a driver and their passengers injured in an auto accident. Since Indiana is a tort state, so drivers are not required to purchase this type of additional insurance coverage. However, they do have the option and they come highly recommended. Indiana drivers can purchase PIP (personal injury protection) coverage or medical payments coverage (MedPay) if they choose. Hoosiers can also purchase a personal umbrella policy (PUP) that pays for any damages outside of their auto or homeowners’ policies. Be sure to check back next week for an in-depth discussion about PIP and PUP insurance.

Indianapolis Auto Accident Attorneys

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 after being injured in an auto accident in Indianapolis, Indiana. Indianapolis auto accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will recover the full and fair compensation you deserve after sustaining a serious injury resulting from a car accident that was not your fault. We offer free initial consultations to discuss your claim, and never charge lawyer fees unless we recover compensation for your losses. Call 317-881-2700 to file a car accident injury claim in Indianapolis, IN today.

What is MedPay?

Every driver needs to have car insurance. But car insurance only covers damages to vehicles, not people. Fortunately, there is an additional type of coverage you can purchase to protect yourself and your passengers. It is called medical payments coverage, or MedPay insurance for short. It is a form of insurance coverage for “Medical Payments to Others”, rather than vehicles. In the case of an auto-related or motor vehicle accident, whether your fault or not, med pay insurance will cover the medical expenses of yourself and your passengers if injured as a result of the accident. Continue reading to learn more about MedPay, how it works, and where to obtain such insurance coverage.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Medical Payments Insurance

Any medical costs that results from an auto-related or motor vehicle accident will be paid for by a medical payments insurance policy. It pays for and protects your passengers and yourself, but it does not cover medical expenses for the people in any other vehicles involved. That would require third-party insurance coverage. Medical payments coverage is usually set at a maximum limit of $25,000. All medical costs that exceed a MedPay policy’s limit has to be paid out of pocket, by health insurance, or third-party insurance.

There is a lot of confusion when it comes to understanding MedPay coverage. Many assume it is a type of health insurance, but it is only meant to cover injuries caused by auto-related accidents, and again, only has a $25,000 payout limit. Also, health insurance will only cover your injuries, not the injuries of your passengers. Instead, med pay is more like PIP, or Personal Injury Protection. Although both types of insurance are similar, MedPay differs from PIP because it only covers medical expenses, not lost wages or other damages, like PIP coverage does. We will further discuss PIP coverage in next week’s blog, so stayed tuned!

It is strongly encouraged to purchase MedPay insurance for anyone who regularly carpools as well as, for adolescent drivers. It is a lucrative expense that is well-worth it in the end. Also, medical payments insurance has to be purchased for every single vehicle owned, including motorcycles. So if you only have MedPay insurance for your Jeep, but an accident occurs while driving your Honda, you will not be covered by your MedPay policy. You need to insure all vehicles to be fully-covered. Start by calling your own car insurance provider to inquire about MedPay, but be sure to also shop around for the bet rates. For an affordable cost, you and your passenger’s medical expenses can be covered if ever seriously injured in a motor vehicle accident in your vehicle.

If you or a loved one has been seriously injured in a car accident, contact a licensed personal injury lawyer right away to learn your rights and recover the full and fair compensation you are owed.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury car accident claims in Indianapolis, Indiana. Attorneys Keith Blazek, Ralph Hoover, and Daniel Craven have extensive trial and litigation experience in Indiana, and will work hard to recover the compensation you deserve after being seriously injured in a motor vehicle accident. We offer free initial consultations and never collect lawyer fees unless we get you money! Call 317-881-2700 to find a reputable and experienced car accident attorney in Indianapolis, IN and its surrounding counties.

How to Avoid Pedestrian Injuries on the Road

Pedestrian Injury Claims 317-881-2700

Pedestrian Accident Claims 317-881-2700

Our roadways and streets are certainly a luxury to have in the United States. Not all countries have the privilege of commuting on smoothly paved, organized road systems. As we appreciate the highways, roads, streets, and more, we need to also remind ourselves about our responsibility to use these passages safely. Many commodities, like trucks, cars, buses, motorcycles, and more, are common sights on our local roadways.

Not only do they have a responsibility to drive safely and obey all traffic and road signs, they also have the responsibility to watch out for pedestrians. Pedestrian accidents are all too frequent, so learning about pedestrian and roadway safety are an effective tool against causing such misfortunes. Continue reading to learn some information about pedestrian accidents and how to avoid injuring or being injured on the road.

Pedestrian Safety

All drivers are obligated to drive legally and responsibly on the road, but much larger and heavier vehicles have a particular obligation to do so. This is because they own most of the roadway when commuting back and forth, and their visibility is not as clear as a smaller automobile would have. They also have longer response times because it requires more time to come to a complete or sudden stop due to the weight of the vehicle. Maneuvering can also be tricky when sudden obstacles appear in the road, or when weather conditions worsen. Aside from larger trucks and vehicles, all drivers are obligated to be careful on the road.

Pedestrian Injury Claims 317-881-2700

Pedestrian Injury Claims 317-881-2700

Car and pedestrian collisions are among the most common accident lawsuits that personal injury practices deal with each year. When negligent driving causes a pedestrian to get hit, injuries and damage are most often severe or even fatal. A human body simply cannot compete with the weight or power of a car, motorcycle, or other vehicle. This is why pedestrian safety and awareness are so vital to our communities.

Although most pedestrian accidents are a result of driver negligence, sometimes a pedestrian can be to blame for their own injuries following a car collision. This is rare, and most of the time, people on foot are injured as a result of driver’s not taking proper care around them. In fact, the most common causes of ambler accidents include, but are not limited to, the following reasons:

• Driver Negligence
• Intoxicated Driving
• Poor Night Vision
• Running Red Lights
• Blocking Crosswalks
• Failure to Notice or Acknowledge Crosswalks
• Failure to Notice or Acknowledge Bike Lanes
• Distracted Driving
• Texting and Driving
• Illegally Parked Vehicles
• Poor Weather Conditions
• Speeding
• And More

The most common injuries sustained as a result of a pedestrian and vehicular collision include broken bones, brain injuries, head injuries, concussions, spinal cord injuries, abrasions, burns, loss of limbs, internal bleeding, organ failure, mental trauma, memory loss, and in some cases, death. All of these injuries can be avoided with appropriate and legal driving habits. As drivers, we need to slow down and pay more attention to the road around us; and as for amblers, we need to always be alert and practice defensive pedestrian-ism.

If you or someone you love was recently injured in a motor vehicle accident that was not their fault, contact a personal injury lawyer as soon as possible to learn your rights. Take action before the statutes of limitations runs out. You may be eligible for compensation to cover medical expenses, hospital bills, lost wages, funeral expenses, pain, suffering, and much more.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to speak with a licensed car accident injury lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, is a seasoned accident lawyer that can accurately assess your case and determine if you are legally entitled to recompense. Our law firm never collects attorney fees unless we recover compensation for you. And we also offer free initial consultations so you never have to spend out-of-pocket simply to discuss your accident with a licensed attorney. Call 317-881-2700 to learn more about filing a motor vehicle accident injury claim in Indianapolis, IN today.

Is Sliding on Black Ice and Causing a Traffic Accident Considered Negligent and Grounds for a Lawsuit?

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

Motor vehicle accidents can occur for countless reasons. Most traffic accidents are caused by drivers’ carelessness or defective road signals, while most others are the consequence of accidental circumstances. This time of year, many car collisions are a result of hazardous weather conditions, like rain, fog, lightening, snow, and ice. Wearing your seat belt and driving at a safe speed are two significant ways to prevent injury and accidents from happening; however, there are some motor vehicle accidents that cannot be avoided. Sometimes, these poor weather conditions cause drivers to lose control of their vehicles, spin into other lanes, collide into embankments, hit curbs, and much more.

Black ice is a common culprit behind losing control of a vehicle in bad weather. It is a frequent hazard that causes accidents just like the ones mentioned above. But to what degree are you guilty if you slide on black ice, lose control of your vehicle, and collide into another driver? Is it pure accident or should you be held liable for the other drivers’ damages? Continue reading to learn more about liability in a traffic collision caused by black ice, or other severe weather conditions.

Motor Vehicle Accidents and Liability

If you were to slide on black ice while operating a motor vehicle, and subsequently collide into another vehicle, causing that driver and their passenger’s injury or damage, would you be liable? The short answer is maybe; but there is a much longer explanation. The most important factor to consider when determining who responsible in a car accident is whether or not a driver acted carelessly, or if they acted reasonably, even in dangerous weather conditions. Did a driver act in accordance to the standard of care expected by a reasonable person? Or were they driving recklessly?

For example, if a reasonable person was driving in poor weather conditions, like snow or ice, they would “reasonably” drive at a safe and cautious speed, rather than driving at the suggested legal speed limit because their visibility and control is limited. On the other hand, a reckless driver would continue to drive normally, in poor weather, at the suggested speed limit. If it were a sunny and dry day, then driving at the recommended speeds is, of course, reasonable; however, in dangerous weather conditions, a reasonable driver would slow down and drive more cautiously. This is a huge factor in determining liability in a motor vehicle accident lawsuit, whether natural elements were supposedly the cause or not.

Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Another aspect to consider is the condition of the vehicle. If the owner of the car or truck did not reasonably care for their vehicle in order for it to drive safely and function properly, then they may be at-fault for a car accident that occurs in poor weather. For example, if a person has very old, bald, and worn out tires on their vehicle, and they lost control on ice or a wet spot, then poor weather is not the sole reason why an accident happened.

Had the driver reasonably serviced their tires, they may not have slid on the ice or slick spot to begin with because they would have had better traction and stability control. Other reasonable maintenance for a car would include functional windshield wiper blades, good brake pads and rotors, functional brake lights and head lights, and much more. These, and more, are additional concerns that an insurance adjuster might look at when determining liability in a car accident case. These types of lawsuits are often tricky and complex. There are several factors and variables that determine who is at-fault in a car accident.

If you are ever an innocent victim in a traffic accident that was caused by another person’s reckless driving, contact an Indianapolis car accident attorney right away. You may be entitled to compensation for your damages, such as lost wages, medical expenses, hospital bills, vehicular damages, pain, suffering, mental anguish, prolonged rehabilitation, and much more.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a car accident lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, is a licensed personal injury lawyer with several years of litigation and trial experience. He is happy to answer your questions about filing a car accident lawsuit, and assess your eligibility for recompense. Our law firm offers free initial consultations and never collects lawyer fees unless we win your settlement! Call 317-881-2700 for more information about recovering compensation following a motor vehicle
accident in Indianapolis
, IN.

Defensive Driving Tips to Avoid Aggressive or Careless Drivers and Traffic Accidents

Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Motor vehicle accidents are terrible occurrences; whether they are a simple fender-bender, or a serious traffic collision. They disrupt our daily lives, cause emotionally stress, put a heavy load of financial obligations on our shoulders, re-arrange our planned agendas, and in worse-case-scenarios, cause serious physical and mental injuries, trauma, and fatalities.

The best way to avoid being a victim of a traffic accident or car wreck, is to learn how to drive defensively and safely at all times. You cannot control what others do, or the decisions they make behind the wheel of a car, but you can control your own behaviors and habits while on the road. Practicing defensive and alert driving can better prepare you for negligent and reckless drivers around you.

Continue reading to learn how to navigate safely on the road with other vehicles, and what to do in the case of a serious motor vehicle accident.

Driving Safety

Of course, the most important reminders for safe driving is always wear your seat-belt and obey all traffic signs, signals, and laws. Making sure you and your passengers are legally and securely strapped in their seat is the most important rule to driving. Without proper safety harnesses and belts, passengers and drivers can be ejected from their vehicles in a serious motor vehicle accident. This usually causes immediate fatalities. Wearing a seat-belt can prevent serious complications from whiplash, prevent injuries to the head, and much more.

Always wear your seat-belt no matter how good of a driver you claim to be. It is not always yourself that can cause an accident, it is others on the road. This is why defensive driving practice is so important. Of course you can trust your own decisions, but you cannot control how others drive around you. What you can control is how you react to reckless or careless drivers. Here are some safety tips and reminders for safer driving, and navigating around other seemingly negligent drivers on the road:

Concentrate and Focus

Always remain alert behind the wheel of your vehicle and constantly scan the road for reckless or aggressive drivers. Staying focused allows you to stay on track with road signs, signals, construction zones, and more. It will also allow you to see other drivers making reckless decisions before you approach their vicinity, and react ahead of time; which then allows you to better navigate around them and avoid a traffic accident. When you are in your car and driving, this shouldn’t just be your top priority, it should be your only priority. This means no multi-tasking behind the wheel.

Distracted driving is one of the top causes of fatal car crashes each year. Texting, phone calls, applying makeup, handing items to children in the back, driving under the influence of drugs or alcohol, and more are all common reasons why drivers wreck their vehicles, and kill either themselves, their passengers, or other innocent bystanders and drivers. Stop this behavior if you are guilty! You do not have the right to put other innocent people in jeopardy because you believe you can multi-task behind the wheel of a car.

Never Tailgate

Road rage is quite common among people with anger control issues, or those who are consistently in a hurry to get from point A to point B, without regard for other drivers. And sometimes, people just like to drive fast and erratically. You cannot always predict what the driver in front of you is going to do, and you cannot always see what’s in front of the driver in front of you. For this reason, it is important to never tailgate or drive closely to someone’s tail-end. If they suddenly brake for a flock of geese crossing the road, you might not have enough time to react and stop; subsequently slamming into the person’s bumper. This can cause several injuries to the passengers and drivers in both vehicle, and result in costly insurance claims and automotive repairs.

Obey Speed Limits

This is a no-brainer. Speeding causes accidents that could have otherwise been avoided. Speed limits are set for a reason, and should always be obeyed no matter what. When a driver is speeding, they are putting themselves and others in a dangerous situation. High speeds reduces a driver’s ability to control the vehicle, and the slightest over-correction or move can send a speeding vehicle out of control. Speeding is almost always a variable in a motor vehicle accident or collision. It might not always be the cause of an accident, but it most certainly plays a part in many cases.

Be Well-Mannered

Being a courteous driver means you are not being an aggressive one. When another vehicle signals that they need into your lane, just let them in. Don’t be stingy about letting cars in front of you, or giving other vehicles a chance to pull out. And if another driver doesn’t let you in for some reason, let it go and move on. Failing to remain well-mannered on the road can cause other drivers to become aggressive and hostile.

Avoid Aggressive Drivers

Being cut off on the way home from a long day at work, or on your way to pick up an ill child from daycare, is quite frustrating, understandably. But these aggressive drivers should not be allowed to influence your mood for the rest of the day! When you see drivers navigating aggressively through traffic, or are noticeably in a hurry, keep your distance. Drivers like these are more likely to cause or be involved in an accident. Steering clear of dangerous drivers can reduce your chances of experiencing an auto accident.

If you or a loved one has been recently injured or killed as a result of a negligent driver or motor vehicle accident, contact an Indianapolis car accident attorney right away. Learn your rights after being injured in a motor vehicle accident, and have a professional assess your case to determine if you have a valid claim. You may be entitled to compensation for your damages.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to speak with a seasoned car accident attorney in Indianapolis, Indiana. You can schedule a free initial consultation with licensed personal injury lawyer, Daniel Craven, to review your case and determine your eligibility for compensation. We never collect lawyer fees unless we win your case! Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about car accident injury claims in Indianapolis, IN today.