How to Make an Injury Claim Against a Drunk Driver

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
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.

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Which Mistakes Cause the Most Car Accidents?

Driving a car is a big responsibility. And once you turn the ignition, you are taking on a risk. This is because you cannot trust the other drivers around, so accidents can happen at any given moment in time. Most car accidents are caused by some form of distracted driving, and since you cannot control what others around you do, it is critical to stay alert and focused when operating a motor vehicle. This even includes motorcycles, mopeds, scooters, and bikes. For this reason, it is important to always pay attention and drive defensively on the road. Accidents can happen for a number of reasons, but the most common causes of car accidents all have to do with irresponsible driving. Continue reading to see what they are!

Drunk Driving Injury Lawyer 317-881-2700

Drunk Driving Injury Lawyer 317-881-2700

Distracted Driving

The “umbrella” cause for car accidents is general distracted driving. This includes any behaviors or stimuli that can cause a person to lose focus of the road and their surroundings. Behaviors like texting, talking on the phone, smoking, searching for items, digging in purses, changing the radio station, and even sight-seeing are all examples of distracted driving. Stimuli that commonly distracts drivers include passengers, ride-along pets, emergency vehicle lights, loud music, and children. Some of these behaviors and stimuli should be avoided at all costs, like texting and driving. Most of the others mentioned can always be put off until you come to a stop. You may not be able to control other drivers, but you have the power to control your own driving!

Drunk Driving

Driving while under the influence of drugs or alcohol is illegal for a reason. It is one of the most dangerous behaviors a driver can partake in, and one of the most common reasons for car accident fatalities in the United States. According to a recent MADD (Mothers Against Drunk Driving) poll, an average of 28 people die EVERYDAY from drunk driving accidents. Not only can you get in a heap of legal trouble, you can potentially harm or kill another innocent person. And what if that person is a child? Drinking and driving is never worth it, for this reason and more. Call a cab or designate a sober driver. It is also important to never get into a car with a drunk driver. Your life is not worth the risk!

Speeding and Reckless Driving

Speeding can fall into the category of irresponsible driving. A vast number of car accidents involve speeding. According to the NHTSA (National Highway Traffic Safety Administration), nearly 14,000 fatalities a year are caused by speeding. No matter how “good” of a driver you claim to be, driving at high speeds makes it impossible to be entirely alert and safely react to obstacles in the road. So next time you are in a hurry, remember that driving faster will never get you there in time. It will only risk your life and the lives of others on the road.

Aggressive or Angry Driving

Colloquially referred to as “road rage”, aggressive or angry driving is a common cause of traffic accidents in the United States. Drivers who experience intense anger towards traffic, road workers, or other drivers, and choose to release that anger with aggressive driving, can risk causing a serious accident involving other vehicles. It is recommended to avoid intense anger behind the wheel by listening to music or audiobooks. It can help a person to remain calm and reduce their anxiety until they reach their destination.

Fatigued Driving

Whether coming home late from work, or nearing the end of an all-day road trip, fatigued driving is a common occurrence among drivers, and a common cause for car accidents. The NHTSA reports that an average of 100,000 collisions are caused by sleepy driving, over 1,500 of which are fatal. It is critical to be fully-energized and alert when operating a motor vehicle. Feeling the slightest bit drowsy can be a dangerous condition to drive in. Not only can you hurt yourself, you can hurt innocent strangers around you.

If you or a loved one has been seriously injured by a distracted driver, it is vital to contact an experienced Indianapolis car accident lawyer to protect your future and your rights. Hurry to file your car accident injury claim before the statutes of limitations runs out in your state!

Indianapolis Car Accident Injury Lawyers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for seasoned car accident injury lawyers in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help you recover the full and fair compensation you deserve after being injured in a car accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to learn your rights after a car accident, today.

Accident Liability for Hosting an Employee Party With Alcohol

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

At any party with alcohol being served, excessive drinking is always a possibility. For this reason, hosts are often concerned about being held liable for a drunk person’s damages or injuries. If you are an employer that is planning to host a social gathering for your staff, it is important to learn some vital information about host-alcohol liability in the case of an intoxication-related accident. Continue reading to understand your potential liability in such situations, and how to prevent it.

Dram Shop Laws

Dram Shop laws pertain to commercial vendors like bars, restaurants, and package stores, and holds business owners responsible for injuries and damages caused by an intoxicated customer. They vary greatly from state to state, and retain separate sets of limitations regarding the amount of damages a victim can sue for. Unless you are a commercial vendor of alcohol, it unlikely for you as an employer, or anyone for that matter, to be held liable for another person’s alcohol overindulgence and subsequent damages. However, it is not impossible.

Intoxicated Individuals and Victims

In most states, a drunk person cannot sue a host for injuries and damages they endured or caused to themselves. But if an intoxicated individual causes harm or damages to another person, a third-party lawsuit can be filed by the victim, against both the intoxicated person and the host that served them the alcohol. This is especially common in cases when the defendant does not have sufficient insurance to cover their victims’ damages. But the limitations to the host’s liability differs from state to state.

Limited Liability State to State

In some states, the law does not impose any liability on a social host at all. Other states simply limit the amount of liability on a social host to accidents that occur on their premises. And some states actually extend the limit of liability to accidents and injuries that occur after they have left their premises, such as traffic accidents. But almost all states hold social hosts liable for intoxication-related accidents when 1) alcohol was served to minors, 2) Alcohol was served recklessly, or 3) a “reasonable” host should have recognized a guest’s level of intoxication and stopped serving alcoholic drinks.

Employer Liability

Many states also hold employers responsible to a certain degree when social gatherings are held for a business-related purpose. This extra duty of care is imposed on employers under these circumstances since many employees feel obligated to attend an office party more so than another social event. In order to prevent employer-liability for over-intoxicated guests, be sure to make your social gathering’s focus on entertainment, rather than drinking. There are several steps you can take to lessen the possibility of overindulgence and alcohol-related accidents.

Preventing Alcohol-Related Accidents

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

First and foremost, you should never serve minors alcohol, or allow them to consume it under your nose. Under perfect conditions, minors would not be allowed to attend an adult social gathering where alcohol is being served and consumed. Also, always discourage guests from over-drinking, stop them from drinking further when they’ve noticeably had too much, and strongly encourage designated drivers and sober transportation.Another great tip is to hold your workplace event at a local bar or restaurant. Under Dram Shop laws, this relieves your liability for alcohol-related accidents, and provides a wait staff that is professionally-trained to monitor everyone’s alcohol consumption and politely cut someone off when they have had too much.

Try a Cash Bar

If you must host an employee social gathering on company or personal premises, consider having a cash bar. Provide all the party supplies except the liquor, and have guests pay for their alcoholic beverages with their own money. Since you are not necessarily making alcohol entirely unlimited to your guests, you can be relieved of some liability. If you have questions about an alcohol-related injury case, contact a personal injury lawyer for professional guidance. They have the knowledge to provide accurate state-specific answers to your injury-liability questions and concerns.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for answers to your personal injury questions. Seasoned accident attorneys Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. They are happy to answer your questions about a recent personal injury or accident, and even provides free initial consultations to discuss your case in person. Call 317-881-2700 for Indianapolis personal injury lawyers you can trust.

Common Types of Wrongful Death Lawsuits

Wrongful Death Attorneys 317-881-2700

Wrongful Death Attorneys 317-881-2700

When a person is killed or dies as a result of another individual or entity’s negligence, it is called termed a wrongful death. There are infinite ways a person or family can become a victim of a wrongful death. In the case of a wrongful death, the immediate family would receive any monetary penalties, debts, or benefits following the incident. Continue reading to learn more about the different cases of wrongful deaths and what to do in the case of such tragedy.

Medical Malpractice

Medical malpractice is one of the most common cases of negligent deaths. This often occurs for many reasons, including improper medication, incorrect diagnosis, surgical errors, unintentional doctor error, and more. It is commonly the hospitals, doctors, anesthesiologist, medical boards, and more that are held accountable for medical malpractice cases.

Drunk Driving Accidents

Drunk driving is the most common cause of wrongful death accidents. In addition to driving under the influence, distracted driving is another common cause of negligent deaths on the road. Failure to obey traffic signals, ignoring traffic signs, texting and driving, eating and driving, dealing with children and driving, intoxicated driving, and more are examples of distracted driving.

Product Defects

Manufacturer defects in products sold on the market can be another cause of negligent death. When automotive parts, children toys, and food are commonly recalled for defective issues that can cause harm or death to an individual and even pet.

Workplace Accidents

Accidents that result in death within the workplace are another common cause of such cases. Scaffolding accidents, falling from great heights, construction equipment accidents, improper employer safety measures, unsafe work conditions, motor vehicle accidents, and more are common workplace wrongful death lawsuits.

Advice for Victims

Any type of wrongful death case requires the services of a well-versed and seasoned personal injury attorney. Contact an injury law firm right away if someone you love was recently killed in a negligent accident that was not of any fault of their own. You and your family may be entitled to compensation for your damages; like pain and suffering, trauma, post-traumatic stress, mental anguish, funeral expenses, hospital bills, and more.

Wrongful Death Lawyers in Indianapolis

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a wrongful death claim in Indianapolis, Indiana. Seasoned personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you obtain the rightful compensation you deserve after wrongfully losing a loved one. We offer free initial consultations and never collect lawyer fees unless we recover for you. Call 317-881-2700 to schedule an appointment with a wrongful death lawyer in Indianapolis, IN today.