Can I Sue if the Airbags Did Not Deploy in My Car Accident?

Posted on November 5, 2021 by admin

If you were recently severely injured in a car accident that was not your fault, and the car airbags did not deploy, you may be wondering if you have any legal recourse against the manufacturer of the automobile or the airbags themselves. Continue reading to learn what you need to know about filing suit against an automotive manufacturer for defective airbag systems that did not work in a car accident that you are seriously injured in.

Airbag Car Accident Lawyer Indiana 317-881-2700

Defective Airbag Systems

Airbag systems are standard in most modern vehicles. Although they are designed to save lives and significantly reduce injuries to drivers and passengers, airbags are not always 100% reliable. When automotive airbag systems fail to deploy or deploy defectively in a motor vehicle collision, injured victims may have a valid product liability claim if they suffered damages as a direct result of the product defect. In a typical car accident situation, the legal recourse would be pretty straightforward: the injured victim would file a personal injury claim with the at-fault party’s insurance company, and with success collect compensation for their damages and losses.

However, some car accidents are more complex than this. Sometimes, third-party car accident injury claims can have more than one at-fault party to blame for the accident, like in the case of a multi-car accident or automotive manufacturing defect. More specifically, when defective airbag systems fail to do their job, and as a result, a driver or passenger is severely injured more so than they would have been had the airbag deployed and done its job.

Product Liability Lawsuits

In the case that an injured driver or passenger suffers damages and losses as a result of another driver’s negligence, they could file a claim with that driver’s insurance company to collect compensation for medical expenses, hospital bills, lost wages at work, pain-and-suffering, property damages, and much more.

However, if during the accident the airbags did not deploy or deployed wrong because of a manufacturing defect, and as a result the driver or passenger was injured more severely, they could also potentially pursue a product liability lawsuit against the automaker or the manufacturer of the airbag system in addition to their car accident injury claim. In order to do this though, you would need evidence that the airbag was defective.

Most common kind of product liability lawsuits involving airbag systems:

▷ Design Defects – Before the manufacturing process can begin, the design phase must take place. Sometimes, especially in the case of defective airbag systems, the design of a product is flawed, which can lead to product liability lawsuits.

▷ Manufacturing Defects – Manufacturing defects are one of the most common types of product liability cases within the airbag and automaker industry. Although the design of the product may be sound, negligence can occur or mistakes can be made in the manufacturing process, which later can cause defective airbag operation.

▷ “Failure to Warn” Negligence – Manufacturers have a duty of care to warn consumers of any foreseeable dangers and hazards with their products. When it comes to airbag systems, some product liability cases arise because the airbag manufacturer failed to place a warning on the airbag against children sitting in the front seat of vehicles.

Are you a victim of a wrongful car accident or defective product in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned Indianapolis accident lawyer you can trust. We represent clients throughout the state of Indiana.

Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

Top 5 Tips for Safe Driving in Indianapolis

Posted on August 27, 2021 by admin

The number of drivers who are seriously injured or killed in car accidents each year is astonishing. The National Highway Traffic Safety Administration (NHTSA) reports that more than 3000 people were killed in a distracted driving car accident in 2019 alone, while more than 400,000 drivers and passengers were seriously injured because of distracted driving. What’s even more disconcerting is, with good intention and practice, distracted driving can be easily prevented. Therefore, no one should ever have to become a victim of a distracted driving car accident.

In fact, continue reading to learn the top five tips for safe driving in Indianapolis so that you can avoid becoming a distracted driver yourself and potentially harming another person in a car accident. Be sure to spread these tips among your friends and family to protect them as well.

Indianapolis IN Car Accident Attorneys 317-881-2700

How to Avoid Distracted Driving

Know the Weather

Whether you are heading off to work or preparing for a long-distance road trip, the weather is something you always want to pay attention to when you plan on driving. Inclement weather conditions can increase the degree of hazard you experience on the road while driving, and if you add any type of distraction on top of that, it can pose a higher risk of being involved in a car accident.

If you know it’s going to rain, be sure your windshield wipers and tire tread are in good condition. If you know it’s going to snow, be sure to give yourself some extra time to clear off your windshield and warm your car up before taking off. If you know it’s going to be very hot, bring a windshield shade cover or choose a shaded parking spot for the day.

When the weather report predicts rainy, icy, or wet conditions, plan to leave earlier to give yourself some extra time; this way you won’t feel rushed on the road and tempted to speed or drive recklessly and because everyone on the road should be driving slower you will need more time to get to your destination safely.

Never Drive Under the Influence

Whether it’s alcohol, prescription drugs, controlled drugs, over-the-counter medication, or illicit drugs, never under any circumstances should you operate a vehicle when you are under their influence. Not only is it illegal, but it is very dangerous. Even something as unassuming and innocent as cough syrup can make you drowsy, which can cause you to lose focus while driving. Fatigued driving is one of the most dangerous types of distracted driving. In fact, that’s your next safe driving tip.

Get Plenty of Rest

It is important that you are well rested before operating a motor vehicle. Never drive when you are sleepy or drowsy because this can cause you to quickly lose focus on the road and other drivers around you. Even if you feel like you can stay awake, there is always a chance of slipping behind the wheel. Avoid taking prescription medications or over-the-counter medications that cause drowsiness before driving. Always check the label of your medications to be sure.

Avoid Distracting Behaviors While Driving

There are many things you might be doing behind the wheel of your car that you don’t realize are distracting. Examples include texting, taking phone calls, changing the radio station, entering coordinates into your GPS system, eating, putting on makeup, rummaging through your purse, taking your eyes off the road to reach for a food or beverage, checking for items in the backseat, and more. All of these behaviors are considered distracted driving, which is incredibly unsafe. So, when you are driving, stick to driving and only driving. Wait for a stoplight to perform any of these behaviors or pull over safely first. Here in Indiana, texting and driving is now illegal and you will be cited for an expensive ticket if you are seen by a police officer.

Do Not Drive Recklessly

One of the most effective best practices for safe driving is to simply follow all traffic rules and regulations. First, avoid reckless driving. This means drive the speed limit, obey all traffic signs, use your turn signals, give yourself plenty of room between vehicles, and so forth. Also, it is important to stay current on all of your automotive maintenance to ensure that your vehicle is in optimal condition for safe driving. By following these rules, you can avoid unsafe and distracted driving.

Were you injured or a loved one wrongly injured or killed in a car accident recently? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indiana car accident injury lawyer who can fight for your right to full and fair compensation. We can consult over phone, video, or in person at our Indianapolis law office. We represent injured persons and their loved ones throughout the state of Indiana and Indiana residents injured in other states.

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Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Can I Be Sued for Someone Else’s Reckless Driving?

Posted on July 9, 2021 by admin

If you let someone else drive your car, whether it be your teenager, your boyfriend, or your best friend, there is a change you could be held liable in the case that their negligent or careless driving causes someone else harm. Continue below to learn more about this type of liability, and what you can do if you were injured as a result of another’s driving negligence.

Indianapolis IN Auto Accident Attorneys 317-881-2700

Vicarious Liability and Car Accidents

When it comes to liability and personal injury compensation, the primary element of every case is to determine who is at fault for the car accident. In doing so, it is possible for more than one person to be responsible, such as the case of letting someone else drive your legally-owned and registered vehicle. Even if you are not in the car nor at the scene of the accident, you could be held legally responsible for all damages incurred by the car accident victims if someone wrecks your car while driving it with your permission.

The relationship between you and the driver must be a certain type, however, in order for you to be liable as the vehicle owner. Such relationships include parent and child, employer and employee, and similar types of connections. This is known as vicarious liability, which is also referred to as imputed negligence. There is another area of law that applies in the case of loaning your vehicle to someone who you know is incompetent, called negligent entrustment.

For example, let’s say you loan your car to your best friend because hers is in the shop for the week. She goes on to drive your car intoxicated and causes a serious car accident, injuring other drivers and their passengers. Because you are the car owner, and you allowed them to operate your vehicle, it could be you that winds up a defendant in court, and accused of being liable for all damages and losses of the victims.

Parents and Teens

There are few relevant laws for parents who let their teenagers drive their vehicles. Negligent entrustment is a legal theory and applied law that holds parents or guardians responsible for all damages caused by their child’s negligent driving. This is often used in cases in which teens are unlicensed or inexperienced. Then, there is the Family Purpose Doctrine, which holds you, the car owner, liable for any damages caused to other drivers if a family member drives your car. This liability applies whether you give your relative permission or not.

Employers and Staff

In the case of driving a company car, the employer is legally responsible for their employee’s driving while they are performing work-related duties. If the employee drives negligently and causes a car accident, the employer will be the one who is liable for all damages incurred by the car accident victims, including property and personal injury damages.

Negligent Entrustment

If you were to loan your vehicle to someone who you know is irresponsible, negligent, reckless, unlicensed, intoxicated, a substance abuser, too elderly, ill, or otherwise unfit to drive a car, you would be legally responsible for any damages they cause while driving your car under negligent entrustment laws. This applies to both family members and non-relatives.

Are you an Indiana car accident survivor looking to be compensated for your damages and suffering? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis car accident lawyer. We represent clients throughout the State of Indiana.

You Should Also Read:

What to Do if You are in a Company Car Accident
Facts About Vicarious Liability Lawsuits
Can I Sue Lyft or Uber for Getting into a Car Accident?

Indiana’s Minimum Liability Limits for Auto Accidents

Posted on June 29, 2021 by admin

After being injured in a car accident in Indiana, one of the most common questions heard by personal injury lawyers is the question of whether or not there auto insurance policy to cover their medical bills and other related accident expenses. If you are a recent victim of an auto accident, it is important that you understand your rights to pursuing legal action against the party who is responsible for your damages and losses, including such costs and more.

Continue reading to learn the minimum liability limits in Indiana for auto accidents, and how to get started on personal injury car accident claim so that you may recover the full and fair compensation you deserve.

Indianapolis IN Auto Accident Attorneys 317-881-2700

Insurance Policy Coverage for Auto Accidents

Insurance companies are required by law to offer certain coverages for injuries and damages sustained by people. However, sometimes there is not enough insurance coverage to cover the full damages and losses suffered by an auto accident victim, including future damages like ongoing physical therapy, future pain and suffering or loss of ability to earn an income. Most often, car accident victims assume their costs will be covered, but then later discover there are major coverage gaps in their policy or the defendant’s insurance policy.

These days, cheap state-minimum insurance is common and/or the defendant may have no auto insurance at all. With the help of a seasoned Indianapolis Indiana accident lawyer, car accident survivors can obtain the full and fair compensation they deserve for their medical bills, hospital bills, lost wages, pain-and-suffering, and much more.

Minimum Liability Limits in Indiana

Bodily Injury –
Minimum $25,000 Per Person/$50,000 Per Accident
If the defendant is insured, this is the minimum coverage most defendants in Indiana have.

Uninsured and Underinsured Motorist Coverage

Here in Indiana, all registered drivers can purchase uninsured and underinsured motorist coverage. In the case of a car accident, you can collect your damages from your own insurance policy if the at-fault driver is uninsured or underinsured. Because state-minimum insurance is usually so inadequate or even non-existent, everyone should purchase uninsured and underinsured motorist coverage through their own insurance carrier.

For example, let’s say a person is rear-ended in a collision and incurs $40,000 in medical bills, $5,000 in lost wage and obviously, pain and suffering. The defendant may only have $25,000 and the injured person collects that amount from the defendant’s insurance carrier. If the injured person has $100,000 in underinsured coverage, they can collect up to an additional $75,000 from their own insurance carrier in settlement of their injuries and damages sustained in the wreck.

It is vital that you retain a skilled car accident injury lawyer in Indianapolis, Indiana.

If you were recently injured in a car accident, semi collision or slip and fall where you were significantly injured, it is important that you act fast before the statute of limitations runs out on your case, or evidence is lost that would support your claim. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a seasoned Indianapolis IN car accident attorney, today. We represent injured persons throughout the state of Indiana and Indiana residents injured in other states.

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Why Choose Us for Your Indiana Car Accident Personal Injury Claim
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Why Choose Us for Your Indiana Car Accident Personal Injury Claim

Posted on June 4, 2021 by admin

If you were wrongly hurt, you deserve justice. It is vital that you act fast by speaking to a licensed and experienced personal injury lawyer who specializes in motor vehicle accident claims and lawsuits. It is important to do this in order to avoid losing critical evidence and exceeding the statutes of limitations for your claim. Who can you trust to successfully represent your Indiana car accident personal injury claim and obtain the maximum settlement or verdict for your damages? The answer is simple:

⚖ The Law Office of Craven, Hoover, and Blazek P.C. ⚖

Continue below to learn more about getting started on your financial recovery with the help of our esteemed car accident attorneys in Indiana.

Indianapolis IN Car Accident Lawyers Who Will Fight For Your Right to Fair Compensation

Although based out of Indianapolis, our personal injury lawyers represent claimants all throughout the state of Indiana. We offer free initial consultations to discuss your case and determine your eligibility for pursing legal action against the at-fault party who caused the car accident. In fact, there are never any out-of-pocket fees for our services.

Our Indiana accident law firm was founded on the belief that wrongly injured victims and personal injury survivors deserve justice in the form of compensation. For that reason, we make it simple for injured victims to become our clients. Not only do we provide free case evaluations, but we also never charge any upfront lawyer fees. You do not pay us unless and until we recover a settlement or verdict from the at-fault party’s insurance company for you.

Motor Vehicle Accident Cases We Handle:

► Car Accidents
► Truck Accidents
► Commercial Truck Accidents
►Common Carrier Accidents (Public buses, trains, planes, etc.)
► Company Vehicle Accidents
► Motorcycle Accidents
► Boating Accidents
► Pedestrian Accidents
► Drunk Driving Accidents
► Wrongful Deaths

Common Types of Car Accident Injuries We Represent:

▷ Orthopedic Injuries
▷ Soft Tissues Injuries
▷ Whiplash
▷ Head Injuries
▷ Brain Injuries
▷ Compound Fractures
▷ Tissue De-Gloving
▷ Amputations
▷ Ruptured Organs
▷ Internal Bleeding
▷ Coma
▷ Wrongful Death
▷ And More

Get Started on Your Indiana Car Accident Claim ASAP

Each attorney at The Law Office of Craven, Hoover, and Blazek P.C. has more than 25 years of experience representing car and motor vehicle accident cases in Indiana. If you or someone you love recently suffered injuries from a motor vehicle accident caused by negligence of another person, you may be entitled to compensation. We can obtain a settlement or verdict for your damages and losses, such as medical bills, hospital bills, lost wages, pain and suffering, and more. Again, you must act fast before evidence is lost and your time to file a claim expires.

Are you ready to get started on your car accident injury claim? Contact us as soon as possible to schedule your free consultation with a qualified Indiana car accident injury lawyer. We can speak via phone, video conference, or in-person at our Indianapolis personal injury law office.

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How to Make an Injury Claim Against a Drunk Driver

Posted on January 28, 2020 by admin

If you were injured in a car accident due to a drunk driver, there is a very high probability that you are entitled to compensation for your resulting damages and losses. In order to recover remuneration from an at-fault driver, you must make a personal injury claim with the drunk driver’s insurance company or the drunk driver themselves if they were uninsured. Moreover, if the drunk driver was uninsured, you can make a claim through the uninsured motorist provision of your own automobile insurance policy. In the unlikely event a settlement is not reached, a lawsuit can be filed and pursued.

Continue reading to learn how to get started on a car accident personal injury claim in Indiana, as well as, your options for suing a drunk driver.

Indianapolis Car Accident Attorneys 317-881-2700

Drunk Driving Accidents

The statistics for drunk driving accidents are alarming, regardless of which state the data is coming from. Drunk driving accidents are among the most common types of motor vehicle accidents in the country. In fact, read our blog, “Eye-Opening Drunk Driving Facts and Statistics” to learn just how startling these numbers are. Not only are drivers and passengers common victims, pedestrians, cyclists, skaters, and more are also injured by inebriated drivers.

Compensation for Damages and Losses

With such high statistical numbers, car accident injury claims are also quite common. They fall under tort law, which provides financial relief for those wrongly injured by another person as a result of carelessness, negligence, gross negligence, or recklessness. If you are injured in an accident because of someone else’s actions or inactions, you can make a claim against their insurance company to recover compensation for damages and losses. Such losses generally include hospital bills, medical expenses, lost wages from time off work, and non-economic damages like pain and suffering.

How to Make Your Car Accident Claim

Most of the time, a claim is made by the victim (claimant) against the drunk driver’s insurance company. If a person is killed by a drunk driver, their family or next of kin can make a wrongful death claim against the drunk driver’s insurance company. If the drunk driver’s insurance company will not settle the claim fairly, a lawsuit can be filed against the drunk driver and the drunk driver’s insurance company would have to pay the verdict received against the drunk driver, up to that driver’s automobile policy limits.

In order to make a claim against a drunk driver that has injured you in an accident, whether as a driver yourself, a passenger, or a pedestrian, your very first step is the most vital one; seek proper and thorough medical treatment. Once you are stable enough, your next step is also incredibly vital: contact an Indianapolis personal injury law firm to represent you in your claim. We have the knowledge, resources, experience, and skills to recover the full and fair compensation you deserve for your suffering and loses. Just be sure to choose the right personal injury law firm that can provide comprehensive and compassionate counsel.

Choose the Law Office of Craven, Hoover, and Blazek P.C.

Call us today at 317-881-2700 to discuss your Indiana car accident claim with a licensed accident attorney you can trust. Our licensed accident lawyers gather all relevant information needed for the case, go head to head with the insurance companies, handle all communication and negotiations with the opposing parties and will go to trial if the defendant’s insurance company will not make a full and fair settlement offer, all to obtain fair compensation for our injured clients. We want everyone to have a chance at justice following a serious accident caused by another’s negligence. This is why we operate on a contingency fee basis, meaning we never collect lawyer fees unless we win compensation for you.

Indiana Laws Regarding Car Accident Compensation

Posted on November 18, 2019 by admin

As a car accident victim, you are not expected to have a full understanding of the law, and therefore, your rights to being compensated for your damages. However, it is wise to take the initiative to acquire the proper legal resources and learn what you can regarding your recent accident and subsequent losses. You may be entitled to compensation under Indiana law as a car accident victim, or as an immediate family member of a car accident victim.

Continue reading to learn the basic Indiana laws surrounding car accidents and compensation, as well as, who to trust for superior personal injury legal guidance near you.

Indiana Car Accident Attorneys 317-881-2700

Indiana Car Accident Compensation

Statutes of Limitations

In every state, there are laws that govern how much time a victim has to make a claim against another party. This is known as statutes of limitations, and they are a vital aspect to your potential legal claim. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn the importance behind taking action in time.

As for car accidents, victims generally have 2 years from the date of the incident to make a claim for compensation against a standard party. If making a claim against a city, county or state defendant, victims have substantially less time to file what is called a “Tort Claims Notice”, which must be filed in a timely fashion or the victim cannot later file a lawsuit against that particular defendant. The shortest time period to file a Tort Claims Notice is 180 days so you should obtain an attorney as soon as possible.

Awarded Damages

Here in Indiana, the law gives victims the opportunity to recover both economic and non-economic damages. Economic damages include medical expenses, hospital bills, lost wages, and more. Non-economic damages include pain, suffering, permanent disfigurement, mental anguish, and loss of consortium, and more.

Where to Get Legal Advice for Car Accident Victims

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury car accident claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are ready, willing and able to recover the full and fair compensation you deserve after being injured in a car accident. We offer free initial consultations and never collect attorney fees unless we recover for you. We represent seriously injured people throughout the State of Indiana.

Most Common Injuries Caused By a Rear-End Car Accident

Posted on October 28, 2019 by admin

Car accident victims can experience a wide range of injuries, but certain kinds of motor vehicle accidents tend to render the same or similar types of injuries. This seems to be the case with rear-end car accidents, which are one of the most common types of car accidents in the country. Continue reading to learn what some of the most common types of rear-end car accident injuries, and what you can do to ensure you receive the full and fair settlement from the at-fault driver’s insurance company.

Car Accident Injuries

Although airbags, anti-lock brake systems, rear-view cameras, blind spot detection, and other motor vehicle safety systems are always being improved in the automotive design and manufacturing industry, they are not always enough to fully protect drivers and passengers from all car accident injuries. Injuries from car accidents range from minor, such as minor stiffness and body aches, to catastrophic, such as paraplegia and death.

Rear-End Car Accidents

When one car collides into the back bumper of another car, this is known as a rear-end car accident. These accidents often happen when a vehicle is tailing another, or driving too close and because the following driver is simply not paying attention. It also frequently occurs in situations in stop-and-go traffic and traffic jams, at stop lights and stop signs, and left-turn intersections. In such cases, the drivers and passengers inside the struck vehicle are the ones who tend to experience more serious injuries.

Front seat passengers are prone to blunt force impact on the steering wheel, dashboard, windows, and windshield. These impacts can cause injuries to the face, chest, neck, knees, and more. Passengers in the backseat of a vehicle that is rear-ended can also face a long list of injuries as a result of sudden forward and backward thrusting, and impact to the headrests, windows, front seats, or other objects inside a vehicle.

Common Car Accident Injuries

One of the most common rear-end car accident injuries is whiplash, which results from a person being thrust forward and thrown backward upon impact of the rear-ending vehicle. See our blog, “What You Should Know About Whiplash Personal Injury Claims” to learn more about the onset of injuries concerning whiplash. Another common injury from rear-end accidents are dermal burns. Airbags are triggered to deploy upon a rear-end impact, thus causing front-seat passengers to experience burns from the airbag propellant.

Additional Injuries Common With Rear-Ending Accidents:

☑ Airbag Burns
☑ Lethargy/Fatigue
☑ Stiffness and pain in Neck, Back, and Shoulders
☑ Body Aches and Pains
☑ Headaches and Migraines
☑ Orthopedic Injuries
☑ Spinal Injuries
☑ Concussions
☑ Head Injuries
☑ Brain Injuries

Onset of Injuries

Not everyone experiences symptoms of injuries immediately following a car accident. Sometimes symptoms do not appear for days, weeks, or months later. This is a medical phenomenon known as on-set of injury. See our blog, “Do Not Assume That You are Not Hurt After an Accident” to learn more. It is helpful to contact a personal injury lawyer to learn your rights to recovering damages after suffering losses following a car accident. They have the knowledge and experience to give you personalized advice for your unique case.

Were You Injured in a Rear-End Car Accident in Indiana?

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis car accident attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

Basics of Indiana Personal Injury Laws

Posted on October 4, 2019 by admin

When someone is injured in an accident through the fault of another person or entity, you would think they would naturally expect to be compensated for their damages and losses that result from the accident. However, many accident victims are hesitant to move forward with a personal injury lawsuit, or even hire an attorney at all.

Many are under the impression that they will heal quickly, while others feel a false sense of confidence that the defendant’s insurance company will treat them fairly. As a result, these kinds of victims fail to make a personal injury claim within their state’s statute of limitations, or at all for that matter, and consequently miss out on their rights to compensation.

This unfortunate situation mostly occurs due to lack of knowledge about the rules, deadlines and trusting a defendant’s insurance company. To be clear, a defendant’s insurance carrier does not owe any duties to a person injured through the conduct of their insured. They are a business, interested in making money like all businesses.

For these reasons, is vital for all personal injury victims to be properly informed of their legal rights to recovering compensation for their damages and losses following a serious injury or accident. The best course of action is to immediately consult with an experienced accident attorney who can give you the information you need regarding your unique case.

In the meantime, review some of the basic terms, statutes, and processes of Indiana personal injury laws for a better understanding of what to expect at your initial consultation with your lawyer.

Indiana Personal Injury Law Firm 317-881-2700

Personal Injury, Defined

A personal injury occurs when an innocent victim suffers damages and losses as a result of someone else’s negligence. A person, group, company, or organization can all be at-fault parties in a personal injury case. If found liable, at-fault parties are ordered to pay compensation for the victim’s damages and losses, such as hospital bills, medical expenses, pain and suffering, and more.

The at-fault parties insurance carriers then pay the verdicts against their insureds. Keep in mind that an injury can be physical, mental, or emotional. Common examples of personal injury cases include car accidents, medical malpractice, slip and falls, dog bites, workplace accidents, trucking accidents and wrongful deaths.

Statute of Limitations

Every state has a set time limit in which an injured person can bring about a claim, or file a lawsuit in civil court, against another party. Here in Indiana, the standard stature of limitations for personal injury lawsuits is two years. If a personal injury victim fails to pursue a claim within this time period, they lose their opportunity to do so, forever.

Additional Time Limits

If a personal injury victim is bringing about a claim against a municipal party, such as a city or county, they have only 180 days to file a tort claims notice. A timely “filed” tort claims notice is required before a lawsuit and claim may be filed against a city or county. If an injured victim is pursuing a personal injury claim against a state government agency, the tort claims notice filing period extends to 270 days from the date of the accident. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more. Again, because of the significant time limitations, you should immediately hire an attorney after your injury.

Comparative Fault Rule

Indiana uses the comparative fault rule, which divides the amount of fault among each person involved in an accident. In the situation that an injured victim is partly at-fault for the accident and their subsequent injuries, the law might apply the comparative fault legal principle and assign a percentage of liability to the injured victim. For example, if a pedestrian ignores pedestrian traffic signals, and is then hit by a driver who is intoxicated, both could be found to be at-fault. See our blog, “Who is Liable When a Driver Hits a Pedestrian?” to learn more.

Car Accident Claims

When it comes to car accident claims, Indiana is an “at-fault” state, which means injured car accident victims are allotted certain legal recourse to collect compensation for their damages. They may file a claim with their personal insurance carrier, file a claim with the other driver’s insurance carrier (known as a “third-party claim”), or file a lawsuit to seek damages. See our blog, “Auto Insurance Terms You Need to Know as a Car Accident Victim” to learn more.

How to Get Started on a Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are motivated to help you recover the full and fair compensation you deserve after being injured in a serious accident. We represent injured people throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement for you!

Were You Injured Because Someone Ran a Red Light?

Posted on September 27, 2019 by admin

Whether on foot or in a vehicle, being injured by a negligent driver who ran a red light can entitle you to certain compensation. Continue reading to learn more about red light car accidents, and what you can do if you have suffered damages and losses as a result of someone’s reckless or negligent driving.

Red and Yellow Traffic Lights

Here in Indiana, there are laws that strictly prohibit drivers from running red lights. When approaching a red light, drivers are obligated under law to make a complete stop. If turning right at a red light, a driver must make a complete stop, and yield to oncoming traffic with caution before making the turn.

However, this turn is illegal if there are signs that say “no turn on red.” If a red light is flashing, drivers are obligated to make a complete stop, and then proceed as if the light were a stop sign. As for a solid yellow light, Indiana allows drivers to enter into an intersection so long as the light is still yellow, but drivers may not do so after the light turns red.

When it comes to protecting pedestrians, Indiana law states, “(…) vehicular traffic facing a steady circular red or red arrow signal shall stop at a clearly marked stop line. However, if there is no clearly marked stop line, vehicular traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, vehicular traffic shall stop before entering the intersection and shall remain standing until an indication to proceed is shown.” See IC § 9-21-3-7 for precise details regarding traffic laws and red lights in Indiana.

Penalties for Running a Red Light

As for a person’s driving record, running a red light can render a traffic offense fine up to $100 for those caught on an automatic camera. For those who are pulled over and ticketed, fines can reach and exceed $100, and also add 6 points to a drivers’ license. Penalties for running a red light drastically increase if the action causes an accident that leaves a person physically injured.

In this case, not only can a driver face state penalties, such as fines and points on their license, they can also face civil penalties if a victim wishes to make a personal injury claim against them. A common legal concept known as negligence per se can be applied to such cases of red light car accidents and injuries.

Negligence Per Se Car Accident Claims

Negligence per se are “cause of action” claims that propose a person acted negligently and caused harm to another by violating a law that is enacted to protect people for a specific reason. Traffic light laws are a perfect example of laws set in place to protect the public. If a person were to ignore a red light, whether intentionally or unintentionally, and as a result, they cause an accident that harms another person, they can be held liable for all damages and losses under negligence per se laws because their negligence can be conclusively established. In worse case scenarios, if an accident causes a fatality, a driver can also possibly face criminal charges, such as vehicular manslaughter.