What is a Full Liability Release?

Posted on May 3, 2022 by admin

In the days or weeks following an injurious car accident that was not your fault, you may be confronted with a full liability release form from the at-fault party’s insurance company. Should you sign this form? What will happen if you do? Will it affect your settlement? These are all wise inquiries to ask yourself before approving a release of all claims. After all, as a victim of a car accident, you deserve the maximum settlement for your auto accident damages.

Continue reading to learn what you need to know about car accident full liability releases, including who to trust for legal advice regarding your accident case in Indiana.

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Full Liability Releases

A full liability release tends to come into play after a car accident victim receives a settlement offer from the opposing insurance company. Before the insurance company sends a check for the settlement amount, they may insist that the claimant sign a full liability release, also known as a “waiver liability” form, “hold harmless agreement”, or a “release of all claims” form. The request is not usually a surprise, but rather, included in the settlement agreement.

The document’s purpose is to show that both parties agree to resolve their dispute and end all claims. It is significant because it releases the opposing party, both driver and insurance company, from all liability moving forward, including not being subjected to additional damage claims. Once a claimant accepts and signs a full liability release, the opposing party is no longer responsible for compensating them for any future damages resulting from the car accident.

Key Elements of a Waiver Liability Form

A waiver liability form should contain all related information regarding the claim, including all relevant laws pertaining to the case, official identification of all involved parties, full details of the auto accident, the types of claims being released (bodily injury, property, etc.), and payment agreement details.

A typical excerpt within such forms might include something similar to, “The undersigned hereby assumes all risk of injury or harm as a result of the activities specified above and agrees to release, indemnify, defend, and forever discharge the releasee from all liability, claims, demands, damages, costs, expenses, and causes of action due to death, injury, loss, or damage to the undersigned.”

Should You Sign a Release of All Claims Form? Answer: Not Without Talking to an Attorney First.

You should never sign a release of all claims form too soon. Once you sign the claim, you lose your right to pursue compensation for any future-arising damages that resulted from your car accident. Before signing a waiver liability form, it is important to complete all medical treatment. This is sometimes referred to as maximum medical improvement (MMI).

More importantly, right after your accident, it is critical to hire an experienced Indiana car accident attorney for help navigating your claim. They will fight for your rights to full and fair compensation, including past, current, and future damages. With their assistance, you will know that the right decisions are being made, and in the best interest of your quality of life.

Were you recently injured in a negligent car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with a skilled auto accident lawyer in Indianapolis, IN. We represent clients all throughout the state, and there is no need to travel. We can hold case evaluations via phone or online video conference.

Top 4 Pieces of Evidence That Will Help You Win Your Car Accident Claim

Posted on April 28, 2022 by admin

A car accident renders more consequences than just shock and fear. It tends to come with significant financial, physical, and emotional repercussions for victims. If you were hurt in a car accident that was caused by another’s negligence, you deserve to be compensated for these damages. The best way to be successful in a car accident injury claim is to back your case up with evidence. With the guidance and management of a seasoned personal injury lawyer, you have the best chance at winning your car accident claim.

Continue reading to learn the top 4 pieces of evidence that are the most important when fighting for your rights to a full and fair settlement after being seriously injured in a car accident.

Auto Accident Lawyers Indianapolis IN 317-881-2700

Case Evidence to Collect After a Car Accident

Car accident claim evidence is extremely important to the outcome of a claimant’s injury case. Such evidence goes a long way to prove your damages that resulted from the accident, including how the other party was negligent in causing the accident, how much the accident cost you in terms of property damages, medical expenses, and lost wages, as well as how the injuries have affected your quality of life, such as pain, suffering, prolonged therapy, disabilities, and more.

If you want the court system and opposing party to see the accident from your point of view, these pieces of evidence are key:

Pictures

Not just pictures, but video evidence too, if possible. Taking photographs of all elements relevant to the accident will help prove your case. Take pictures and videos of vehicle positioning, property damages (both vehicles), skid marks, bodily injuries, nearby street signs and traffic lights, environmental conditions, and more. The more media you provide, the better you attorney or in more complicated cases, an accident reconstructionist, can demonstrate the fault of the opposing party.

Police Report

Many people ask if they have to make a police report after a car accident, or if they can choose to just deal with the situation themselves. ALWAYS MAKE A POLICE REPORT. The police report provides evidence taken at the scene by a neutral, third-party in writing of the accident. People are less apt tot change their story about what happened with their insurance carrier if they are confronted with what the officer wrote down they said at the scene to them.

Witness Statements

There is no better way to back up your stance on a car accident that was not your fault other than having the word of an unbiased onlooker support your story. Witness statements are very effective and useful for car accident victims. Although it is not always possible for the victim themselves, gathering the contact information for any witnesses to the accident is a key step in preparing to file a claim. Name, email, phone number, and if they don’t mind, their address, are the best contact data to ask for.

Medical Documents

After a car accident, it is critical to see a doctor regarding your injuries. By keeping all medical records, you can prove the seriousness of your injuries and the resulting consequences they have brought on. Keep and secure all medical records that stem from emergency room visits, doctors’ appointments, physical therapy sessions, counseling, medical device purchases, medications, and more.

Are you looking for skilled and experienced personal injury representation for your car accident claim 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 for your Indiana car accident claim. We represent clients throughout the state of Indiana.

How to Take Your Pledge for Distracted Driving Awareness Month

Posted on April 25, 2022 by admin

April is Distracted Driving Awareness Month. To show your support and dedication to safe and responsible driving, partner with the National Safety Council (NSC) to take your NSC Just Drive Pledge! Continue below to learn more about Distracted Driving Awareness Month, including how you can make your pledge official.

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Distracted Driving is Dangerous

New preliminary studies reported by the National Safety Council (NSC) suggest that our roadways are the most dangerous that have been in quite some time. The addition of mobile phones and similar technologies have impacted the increasingly hazardous road conditions by distracting drivers. In fact, distracted driving remains a top-cause for car accidents in the United States. According to recent NSC findings, hundreds of car accidents are caused by distracted driving each day. An average of 8 people lose their lives in such accidents each day. With such sad and alarming statistics, it is not difficult to see the awareness the National Safety Council (NSC) is aiming to convey.

Help Spread the Word Against Distracted Driving
#JustDrive

Texting, using the phone, checking your reflection in the mirror, snacking, putting on makeup, changing the listening station, rummaging through your purse or console, looking at electronic devices, turning around to deal with children; these are all common types of distracted driving. Even hands-free technology and touchless systems can sometimes distract you from the road, so be sure to include these devices on your list of possible distractions.

You can honor and support the cause behind Distracted Driving Awareness Month by creating a viable safe driving program for yourself and even alongside your family. Develop a system of rules and codes that help all of you avoid driving with distractions. The National Safety Council (NSC) provides all sorts of free resources you can sign up to use for help creating a safe driving program at home or in the office.

In addition to establishing a safe driving plan for yourself and your licensed loved ones, visit the National Safety Council (NSC) website and take the NSC Just Drive Pledge! Fill out and submit the form to prove you are dedicated to protecting others on the road! Then post your pledge on social media with the hashtag, #JustDrive! On their website, you can also choose to donate to their road improvement missions or become a member.

Were you or a loved one seriously injured in a car accident because the culpable party was driving distracted? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced auto accident attorney in Indianapolis, Indiana. We represent clients throughout the State of Indiana.

Who Takes the Blame for a Chain Reaction Car Accident?

Posted on March 18, 2022 by admin

One of the most fundamental elements of an auto accident claim is determining liability. In most car accident cases, the at-fault party is fairly easy to point out. In such cases, the driver to blame for an accident would be responsible for the other driver’s resulting damages, such as auto repairs, medical expenses and pain and suffering. The at-fault driver’s insurance carrier would have to pay for the damages the at-fault driver caused.

But when a car accident starts with one driver and continues down a line of other drivers in a chain reaction, who would be liable then? Would each driver that comes into contact with the vehicle in front of them be held liable? What if the driver in the back started the damaging domino effect?

Well, there is no straight answer really. These kinds of auto accidents can become complex, and therefore, require the guidance of a seasoned accident attorney. In the meantime, continue below to review some basic facts about chain reaction car accidents and liability, plus information on how to move forward with an Indiana auto accident injury claim.

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Chain Reaction Auto Collisions

Domino-effect car collisions usually happen from the back and impact cars in the front. Imagine two cars are parked at a stop light and a drunk driver or inattentive driver approaching the light does not stop, or is unable to stop in time, thus colliding into the back of the second car in line, which causes that driver’s car to rear end the first car in line.

When the sudden and unexpected impact coming from the rear of a vehicle is so strong that it causes the vehicle to jerk forward and hit the vehicle in front of them, bodily injury sometimes occurs to everyone involved, including passengers. The most common types of injuries that result from chain reaction car accidents include whiplash, neck injuries, back injuries, hip injuries, spinal injuries, child injuries, concussions, and orthopedic injuries.

Assigning Liability in a Domino Effect Car Accident

When a person is wrongfully injured in a chain reaction car accident, they deserve justice in the form of compensation regardless of how many drivers were involved. Although such cases are sometimes challenging, it is possible for injured victims to recover damages with the help of a seasoned auto accident lawyer in Indiana.

As for assigning liability in a chain reaction car accident or pileup, Indiana uses a lengthy investigatory process to examine the details of the accident and each driver’s contribution. Here in Indiana, the most common causes for domino effect car collisions are impaired driving, speeding, and following too closely to the car in front. If you can avoid these behaviors, you can reduce your chances of being involved in a car accident of any fashion.

If you were recently hurt in a car accident that involved other drivers, seek out professional advice on your rights to pursing full and fair compensation through a personal injury claim. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced and compassionate auto accident lawyers in Indianapolis, Indiana. We represent clients throughout the state of Indiana, and can meet over phone, video, or in-person at our Indy-based office.

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Most Common Auto Accident Injuries and What Causes Them

Posted on February 22, 2022 by admin

In 2019 alone, statistics revealed that there were an estimated 230 million licensed drivers in our country. With so many people driving a wide array of motor vehicles on the road, car crashes are bound to happen, and some of them are very serious and deadly.

According to the Environmental Protection Agency (EPA), a 2020 report suggests that the average motor vehicle weighs 4,156 pounds. Larger-than-average vehicles are even heavier, and when coupled with high speeds, are essentially the equivalent of a deadly weapon. As a result, car accidents tend to cause a lot of damage, both property damage and bodily injury, and in worst-case scenarios, fatalities.

Continue reading to learn the common kinds of auto accident injuries, what causes them, and how to verify your eligibility to pursue legal action against a wrongful driver or automaker.

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Typical Causes of Traffic Accidents and Fatalities

The National Highway Traffic Safety Administration (NHTSA) reports that in the year 2018, more than 2.7 million car crashes occurred, 36,000 of which resulted in a fatality. This devastating statistic shows how real the risks are when it comes to accidents involving motor vehicles. The most common causes of car accidents include reckless driving, distracted driving, intoxicated driving, and speeding.

Distracted Driving

Distracted driving is a serious cause of motor vehicle accidents and car crashes in the United States, and even all across the world. Common examples include texting, making phone calls, changing the GPS settings, applying makeup, looking through briefcases/purses, grabbing items from the backseat, and similar behaviors that take drivers’ eyes off the road for more than a second. Fatigued driving is another common type of distracted driving but may also be categorized as reckless driving depending on the circumstances.

Reckless Driving

Reckless driving is considered a more serious offense because it is typically a conscious choice. Those who drive recklessly are generally aware that their behavior is reckless or negligent. Common examples of reckless driving include speeding, running red lights, changing lanes abruptly without using signals, cutting off other drivers, driving with no hands on the steering wheel, driving at night without headlights on, tailing other cars, driving over sidewalks, ignoring traffic signs and signals, and similar careless behaviors.

Intoxicated Driving

Intoxicated driving is illegal and can lead to both criminal and civil penalties. Furthermore, intoxicated driving refers to driving under the influence of alcohol, illicit drugs, or controlled substances. Drunk drivers have a blood alcohol level (BAC) of 0.08 or higher. Driving under the influence of drugs like marijuana, methamphetamines, opiates, and hallucinogens is also considered intoxicated driving. Controlled substances are OTC and prescribed medications like prescription pain killers, sleeping pills, anxiety medications, and similar medicines that cause drowsiness and/or inebriation.

Speeding

Speeding can also be considered a form of reckless driving. It is a top cause of serious car accidents and fatalities. In fact, the National Safety Council reports that 26% of the total traffic fatalities occurring in 2018 involved speeding. Speed limits are set because they are the safest speed to operate a vehicle while remaining in full control. At higher speeds, driver control is significantly reduced, which can lead to serious auto collisions.

Common Auto Accident Injuries

Although every motor vehicle collision is different, most car crashes tend to result in the similar of injuries. The most common auto accident injuries include whiplash, as well as injuries to the head, chest, arms, and legs.

Whiplash is by far the most common resulting car accident injury. Collisions tend to cause the neck and head to whip forward and backward and side to side very quickly. The severity of whiplash can vary on a spectrum from minor injuries, like stiffness or soreness of the neck and headache, to more serious and concerning injuries, like significant neck pain, permanent neck pain, dizziness, tinnitus, migraines, loss of vision, back pain, and neck injuries.

Head injuries are unfortunately common when it comes to serious car accidents. Head injuries can range from minor to major. Minor head injuries caused by car accidents may include headaches, dizziness, nausea, vomiting, and light sensitivities, although these can be more serious depending on how long the symptoms last. More serious car accident head injuries include concussion, loss of consciousness, traumatic brain injuries, impaired thinking, loss of movement control, and loss of sensations.

Injuries to the chest, arms, and legs are another common result of auto accidents. Chests are often impacted by air bag deployment, which can lead to minor injuries like burns, bruises, or soreness, again, depending on how long the symptoms last. Chests of drivers and passengers can also be injured by blunt force trauma from an impact with another vehicle or structure. More serious chest injuries include broken ribs, lung punctures, organ ruptures, and other internal injuries or bleeding. Arms and legs can be severely burned, maimed, disfigured, or severed in serious car crashes. Orthopedic injuries, like shoulder and pelvic injuries, are also common in car accidents.

Are you a victim of a reckless or negligent car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced car accident attorney in Indianapolis, Indiana. We also represent injured persons throughout the state of Indiana and Indiana residents injured in other states.

Were You Involved in an Accident While Driving Your Company Car?

Posted on February 4, 2022 by admin

When it comes to work, there are okay workdays, good workdays, and even great workdays, but then there are those occasional bad ones, like being involved in a company car accident. Below you will find a guide on what you need to do if you are ever in an accident while driving your company car.

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Company Car Auto Accident Help

Driving from location to location for work poses the risk of being in an auto accident. If you are involved in a car accident in your company vehicle, there are some important steps you need to take. Before reviewing the guide to company car accidents, it is necessary to note that you should always have your updated car insurance documents in your vehicle at all times.

What to Do After a Company Vehicle Accident:

First, ensure that yourself and all other parties involved in the accident are not injured or still in harm’s way. Even if no one seems injured, contact 911 and request law enforcement to the scene. Try to get to a safer location, out of the way of traffic.

While waiting to police and medical technicians to arrive, use your cell phone to take pictures of the scene of the accident, including all property damages, intersections, road signs, and injuries. If you are too injured to do this, you can ask an officer, paramedic, or bystander to help.

When authorities arrive, accept medical examination and treatment from the paramedics, if necessary, then make a police report. Ask for a copy of the police report.

If you are capable, begin asking the other parties involved for their insurance and contact information. Take a photo of their insurance card to ensure accuracy. Do not talk about the accident to the other drivers or involved parties as everyone is not having a good day after a collision so tempers may exist. It is better just to talk to the investigating officer and tell them what happened.

Next, notify your employer of the accident. Do this as soon as possible. Because your company likely has their own procedures, insurance, and legal teams for these matters, you will need to communicate with them at the scene and see what they want you to do. If the car can be driven, they may have you return it right away. If it is not drivable, your employer will probably arrange a tow truck to collect the company car.

Your employer may require you to hand over all related documents and evidence, like photos, videos, police reports, witness statements, and more. Cooperate with these requests but try to keep copies for yourself.

Were You Injured and the Accident Was Not Your Fault?

If you were injured in a company car accident, seek medical treatment right away. See a licensed medical practitioner for your injuries and retain all documents supporting your medical diagnoses and treatment.

Your company may offer workers’ compensation be n efits. If they do, explore these benefits. If they take too long to complete your claim, reduce the value of your claim, refuse to cover additional medical treatments ordered by your doctor, you have suffered permanent disabilities, or deny you benefits altogether, it is important to hire a licensed workplace injury lawyer in Indiana. They can ensure that your rights to being fully compensated for your damages and losses are preserved. You are entitled to reimbursement for medical bills, hospital bills, lost wages, and more.

Are you ready to protect your rights to being fully compensated after being injured in a company vehicle accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned workplace injury attorney in Indianapolis. We represent a wide range of cases for clients all across the state.

Evidence That Can Be Used in a Personal Injury Car Accident Claim

Posted on January 18, 2022 by admin

Serious car accidents generate serious damages and losses for wrongfully injured victims. Factors like hospital bills, medical expenses, and missed work can leave a car accident survivor drowning in out-of-pocket costs and payment responsibilities. Managing post-accident debt or financial struggles while physically and emotionally suffering and recovering from injuries makes the legal process even more stressful and confusing for car accident victims.

Sadly, car accident victims must fight for their rights to being fully compensated by the at-fault driver’s insurance company, especially since insurance companies always fight to pay out as little as possible. In order to do so, they will have to prove their losses by providing evidence to support their claim.

Continue reading to learn some examples of evidence that can be used in a personal injury car accident claim, plus how to ensure your case is successful.

Personal Injury Evidence for Car Accidents

When it comes to recovering a settlement for your damages and losses after being injured in a car accident that was not your fault, it is important to understand that you, the claimant, hold the burden of proof. This means you are responsible for proving the extent of your damages and losses, including your medical bills, related medical expenses, missed paychecks at work, and so forth.

Although some of these are evidence in and of themselves, there are other types of evidence you will need to gather and have available for your Indiana car accident lawyer in order to prove your personal injuries and recover a settlement that is appropriate for your claim. It is vital to hire a skilled and qualified personal injury law firm to represent your case. They will have the knowledge and resources to gather all available kinds of evidence relevant to your case and recover the full and fair settlement you deserve for your damages and losses.

Approved Forms of Car Accident Evidence

Personal injury evidence that works well to support a victim’s claim are tangible, certified, quantifiable, and official. These can be things like records, documents, videos, photos, witness statements, interrogatories, depositions, and more.

Police Reports

In a recent blog, we discussed the importance of always making a police report after car accident. A police report is one of the most useful types of personal injury evidence because it is written objectively by a trusted and qualified authority. It helps to prove fault in a car accident, plus confirm other details of an accident that are pertinent to an injured victim’s personal injury claim. Police reports and car accident reports are important records to have in a personal injury case, regardless of which side you are on.

Medical Records and Payment Receipts

Along with police and car accident reports, more critically important types of personal injury evidence to organize and gather for your case are medical records and medical payment receipts. Not only do you need to prove that your injuries are legitimate, and you’ve been taking the responsible actions to have your injuries treated by certified medical professionals, but you also want to demonstrate that you been paying out-of-pocket for your medical expenses and hospital bills. Your medical payment receipts will be a quantifiable catalog of evidence that you can apply to your case to prove your damages.

Videos and Photographs

Scene of the accident evidence is also important in a personal injury car accident case. Videos and photographs of the surrounding road and landscaping, street signs, property damages, vehicular damage, physical and visible injuries, and anything else related can be useful for proving an injured victim’s car accident claim. Another type of video evidence commonly used in personal injury car accident cases is surveillance video. Local gas stations, retail stores, shopping centers, and office buildings that are equipped with 24 hour surveillance can catch accidents in live action.

Injury and Property Damage Documentation

As just described, documentation of the scene of the accident is important evidence to have a personal injury car accident case. Injury documentation can include pictures and videos of your physical injuries or related struggles, as well as your medical records and hospital bills. Property damage documentation will include police report, pictures of vehicular damage, and appraisals for repair or replacement of the damaged vehicle.

Eyewitness Testimonies

Another type of personal injury car accident evidence is eyewitness testimony. Therefore, it’s important to gather contact information from onlookers who saw your car accident. This includes their name, address, phone number, email address, and if willing, even their place of employment. Witnesses can provide testimony to support your damages and losses following a wrongful car accident. Expert witnesses, like accident reconstruction specialists, engineers, physicians, and similar professionals, may also be asked for their testimonies. Your lawyer will determine if expert witnesses are necessary for your claim.

Interrogatories and Depositions

Personal injury witness testimony does not always stop at eyewitnesses and reconstruction specialists. In some car accident cases, lawyers will use interrogatories to get information, truthful information under oath, from the other driver in the accident. This is considered a type of witness testimony used as evidence in a personal injury car accident case. Depositions are another form of out-of-court testimony approved as reliable evidence in an accident case. They are given under oath, plus recorded by a court transcriber.

Talk to a Personal Injury Lawyer in Indiana

Keep in mind that every personal injury case is different, and not all forms of car accident evidence will be approved as proof of a claimant’s damages. Again, this is why it’s important to have a seasoned Indiana car accident lawyer working your case; they know exactly how to identify the best types of personal injury evidence for a victim’s claim and apply it to the best of their benefit.

Are you an injured victim of a wrongful car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with a skilled car accident attorney and discuss your rights to pursue legal action against the at-fault driver. We represent clients all throughout the state, and there is no need to travel. We can hold consults over the phone or via online video conference.

Examples of Vicarious Liability in a Personal Injury Claim

Posted on January 11, 2022 by admin

In simplest terms, vicarious liability is when one party is held legally accountable for another party’s negligent or unlawful actions.

Although the first party is legally responsible, the law holds the secondary party accountable as well. Vicarious liability, also referred to as principle’s liability or imputed negligence, comes to play in situations where a person or corporation is supposed to be responsible for another person or thing but acts negligently instead.

Continue reading for more examples of this type of legal liability, plus who to contact in Indiana for skilled car accident or personal injury representation that will protect your rights to being fully compensated.

Vicarious Liability

To best understand how vicarious obligation works, it is good to review some generic cases in which it would come into play. For example, if an employer retains a staff of employees that act negligently while working for the company (i.e. sexual harassment, discrimination, driving a company vehicle, etc.), the employer can be held accountable for the resulting damages in a court of law.

Victims of this negligent behavior can file a lawsuit to pursue compensation for pain, suffering, and more from the employer, as well as the individual guilty employees. Employers in this situation are considered responsible because they have the duty to prevent and be aware of negligence in the workplace. By law, they should have stopped or prevented harmful behavior on the job. In addition, employers are generally liable under law for any negligent acts performed by their employees anywhere while they are in the course and scope of their employment.

Car Accident Vicarious Liability and Negligent Entrustment

Driving another person’s car can also involve vicarious liability. A child that drives and wrecks their parent’s vehicle, causing serious injury or death to another driver, may put their parents in legal tribulation. Parents, or guardians, have the responsibility to properly instruct their adolescent how to drive safely, and only loan their vehicle during appropriate times. So, if a parent entrusts their minor to drive their vehicle, and an accident occurs, the parent (or person) who signed the minor’s driving application, is held responsible for the damages. In such cases, the insurance carrier for the parents would also be involved.

The law deems a parent or guardian, also known as an entruster, negligent if they allow their teen to drive a vehicle in their name knowing that their child is reckless, untrustworthy, inadequate at driving, or unlicensed. If a child falls under any of these descriptions, and subsequently causes a serious accident, the guardians or guardians can be held accountable for the damages under the principle of negligent entrustment.

Are you looking for skilled personal injury law firm to represent you in your negligence case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state.

Who is Liable After an Uber or Lyft Accident?

Posted on January 7, 2022 by admin

There are many reasons why ridesharing has become such a popular asset within our communities. Last week, New Year’s Eve celebrations increased Uber and Lyft requests significantly because responsible drinkers wanted to avoid intoxicated driving and subsequent penalties like DUIs or drunk driving accidents. In addition to opting for a sober ride, people use Uber and Lyft services to avoid rental car costs when visiting a new city, to avoid the hassle of airport parking, and more.

Overall, ridesharing services have proven to be highly advantageous and cost-effective. In fact, Uber currently has more than 160,000 active drivers. But, with the increase of popularity in Uber and Lyft services, there has also been an increase in car accidents.

When a passenger is injured in rideshare car accident, who is liable for their damages and losses? Injured passengers in rideshare car accidents can suffer hospital bills, medical expenses, lost wages from time off work, pain-and-suffering, prolonged physical therapy, disability, and much more. Who is responsible for compensating an injured rideshare passenger for these compensatory losses?

Continue reading to learn more about Uber and Lyft car accident insurance coverage, accident claims, and compensation recovery following a wrongful rideshare accident.

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Rideshare Car Accident Liability

Because of the Uber and Lyft business models, there can be multiple insurance parties liable after a rideshare accident. At-fault parties may include the rideshare driver, the rideshare company, a third-party driver, or even a government agency.

Rideshare companies attempt to evade liability for accidents by classifying drivers as independent contractors rather than employees. Fortunately, many courts are not motivated to protect rideshare companies from car accident liability. Still, in most cases, it is the rideshare driver who is deemed liable after a wrongful or negligent car accident.

Uber and Lyft Auto Insurance Coverage

Rideshare companies, including Lyft and Uber, make it mandatory for their drivers to maintain their own personal auto insurance liability coverage that meets the state minimum requirement. In addition to requiring their drivers to have their own personal liability insurance coverage at the state minimum, Uber provides a $1 million commercial insurance policy to cover drivers and passengers in motor vehicle collisions. But this coverage only applies if the accident occurs while the Uber app is active and turned on.

Although rideshare companies like Uber and Lyft require their drivers to maintain the state-mandated minimum car insurance coverage, it is possible for a rideshare driver to have insufficient coverage, and therefore, not be able to compensate victims for their damages and losses. Furthermore, many private insurance companies are unwilling to pay out victims for their damages and losses that occur as a result of a rideshare accident. For this reason, the most common liable party in rideshare car accident is the commercial insurance policy coverage.

Additional Scenarios That Might Change Liability Coverage in a Rideshare Car Accident

In the case that a rideshare driver is on duty but has no customers in their car, then causes an accident that harms someone, it is generally their own personal car insurance policy that will pay out damages to an injured victim. Companies like Uber may offer a small portion of contingent coverage, but only up to $50,000 per injured person, and up to $100,000 total per accident.

If a rideshare driver has their app on, has accepted a ride, and is on their way to go pick up a passenger (or already has a passenger in the vehicle), then a car accident occurs, the rideshare company’s full insurance coverage policy may apply.

The legalities surrounding liability and injury claims are complex, making it critical to consult an Indiana accident attorney for expert legal advice after being wrongly injured in a rideshare accident.

Are you looking for personal injury law firm in Indiana that can help you recover the full and fair compensation you deserve after suffering damages caused by an Uber or Lyft rideshare car accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced car accident attorney in Indianapolis, Indiana. We also represent injured persons throughout the state of Indiana and Indiana residents injured in other states.

Do I Have to Make a Police Report After a Car Accident?

Posted on December 28, 2021 by admin

You Should Always Make a Police Report After a Car Accident

Many people assume that the first step to take after a car accident is to contact their insurance company. But depending on the details surrounding the accident, in most cases, the first call to make is to the local police. Filing a police report after a car accident is one of the most responsible protections you can take. Having such documents on record can better streamline the claim and settlement process.

Continue reading to learn what you need to know about making a car accident report in Indiana, including who to contact if you were seriously injured by a negligent driver.

Indiana Laws and Procedures for Car Accident Reporting

In many cases, the law allows drivers to decide on their own if they want to contact the police after a car accident. In more serious cases, the law mandates that law enforcement is called to the scene. These laws and regulations vary among states. Here in Indiana, drivers are required by law to contact local law if certain conditions exist.

Indiana drivers involved in a car crash must call the police to report the accident if:

…the property damage is $1,000 or more.
…anyone dies or suffers an injury.
…the insurance carrier requires it in all cases.
…the other involved vehicle is unattended.
–Indiana Code § 9-26-1-1.1

Failing to make a police report after a car accident that meets these car crash reporting rules can possibly result in criminal penalties, as well as vehicle registration revocation, fines, and loss of driving privileges.

How to Make a Car Accident Report in Indiana

It is always best to report all car accidents to the police as this will allow you and your insurance carrier to obtain necessary documentation and information regarding both drivers. You should call 911. You can also contact the local police department or sheriff’s office in the municipality of your accident and sometimes they will have non-emergency numbers you can call to have an officer come out and make a report.

Following a police report, you would contact your insurance company to commence the claims process. Within 10 days’ time of the accident, you and the other driver or vehicle owner are required to have your respective insurance carriers electronically file a Certificate of Compliance with the Indiana BMV, which verifies that both parties have state minimum insurance coverage. Failure to do this can result in your driver’s license being suspended for a time.

The Importance of Making a Police Report After a Car Accident

Making a police report at the scene of a car accident is important for many reasons, whether the law mandates it for your particular incident or not. This is especially true for car accidents that result in bodily injury. For starters, your injuries may not manifest until later. These are known as late-appearing car accident injuries or an onset of symptoms. Delayed onset of symptoms is very common.

Additionally, your property damages might be more severe than you expected them to be, or worse, the other party involved could make false claims against you in an effort to evade liability for the accident. This is especially frustrating when you are not at fault in causing the car accident. Police reports can protect you from such complexities that can occur during the car accident claim process.

After being involved in a car accident in Indiana, not only is it encouraged to call the police to the scene so the officer can do his own police report, but it is also recommended to make your own car crash accident “report”. Do this by collecting the following information:

❒ Full Contact Information (Drivers and Passengers)
❒ Drivers’ License Number
❒ Car Insurance Details
❒ License Plate Number
❒ Photos of the Scene
❒ Photos of Registrations, Insurance Cards and Drivers Licenses
❒ Photos of Property Damage (both parties)
❒ Witness Contact Information
❒ Office Names and Badge Numbers

What To Do After Being Injured in a Car Accident That Was Not Your Fault

If you were injured in a car accident that was caused by the negligence or recklessness of another driver, you could be entitled to compensation for your damages and losses. Damages and losses may include hospital bills, medical expenses, property damages, lost wages, prolonged physical therapy, disability, pain-and-suffering, and much more. It is important to consult with the season Indianapolis personal injury lawyer to determine if your case is worthy of pursuing legal action against the other party involved in your car accident.

Have you been seriously and wrongly injured in a car crash in Indiana? You deserve aggressive legal representation to ensure you receive the maximum compensation for your damages. 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 car accident attorney, today. We represent injured persons throughout the state of Indiana.