Can I Sue a Person for Wrecking My Car and Injuring Me?

Posted on February 9, 2015 by admin

Car Accident Lawyers 317-881-2700

If you let a person drive your car, are you liable for any damages they might cause you and your vehicle? Or are they liable? Laws regarding vicarious liability in motor vehicle accidents vary from state to state, however, many are on the same page when it comes to a letting an individual operate your vehicle willingly. There are also different circumstances that change the liability boundaries among drivers and vehicle owners; such as employer and employee or parent and minor.

In this case, we will discuss the liability for a car accident and personal injury in a standard relationship scenario, like a friend, stranger, or relative. Continue reading to learn who would be at-fault for damages caused in a motor vehicle accident, in the case that someone else was driving the car other than the vehicle owner.

Negligent Entrustment

Negligent entrustment is a term that refers to the scenario of letting an unfit person drive your vehicle willingly. If you were to loan your car to someone that was not fit to operate a motor vehicle under law, then you would be responsible for any damages, injuries, and accidents they cause while driving it. An unfit person is anyone not legally permitted to operate a motor vehicle. This includes anyone who is underage, uninsured, unlicensed, under the influence of drugs or alcohol (including sleeping pills and pain medication), ill or sick, handicap or physically impaired, injured, a repeated reckless driving offender, or too elderly to drive.

Loaning Your Car

If you allow a “perfectly-fit” person to operate your vehicle, there are still liability set-backs in the case of an accident. If you loan your vehicle, or simply let someone drive with you as a passenger, and they cause an accident that results in vehicular damages and personal injuries, you would be responsible under law for these damages. However, there are exceptions to this situation, and it differs from state to state. But in most states, the car owner is the liable party in a case like this. In these states, as long as permission was given, the owner of the vehicle is accountable for any damages another person might cause.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free initial consultation with a seasoned car accident lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, retains extensive trial and litigation experience, and is happy to answer your questions about filing a motor vehicle accident claim in Indianapolis. Call 317-881-2700 today to learn more about your rights following a serious car accident in Indiana.

How Much Does a Personal Injury Lawyer Cost?

Posted on February 2, 2015 by admin

Indianapolis Accident Lawyers 317-881-2700

Depending on the type of legal services and representation needed, legal fees and lawyer costs will vary. These kinds of costs also vary from law firm to law firm, and often times, depend on the complexity of a client’s case. Knowing the types of fees and prices for lawyers is an important part of choosing a legal team that fits your needs. It is encouraged to ask lawyers questions about their fee arrangements and billing practices ahead of time so that you are better-prepared when the final bill comes and you can fully-comprehend its charges. A lawyer should be open and more-than-willing to disclose payment and billing details to potential clients.

Keep in mind that cheaper is not better when it comes to your legal protection. Be prepared to spend a good hunk of money on effective and reputable legal services. A reputable law firm’s attorney prices should be high but reasonable. Continue reading to learn about common billing practices and rates used by attorneys and law firms in general, and then more specifically, personal injury lawyers.

Lawyer Rates

There are several different types of fee arrangements and rates attorneys charge for their services. Some law firms will use just one type of billing method, while another might use multiple in combination. The most common are hourly rates, flat rate fees, retainers, and contingent fees. Here is a basic description of each:

Retainers

A legal retainer is an upfront payment, given in advance, to a lawyer for their services. Retainers are usually accompanied with hourly billing. Paid retainers are generally placed in a special trust account, and then debited as legal fees accrue. It is important to monitor legal retainers and billing statements as representation continues to ensure proper invoicing. Keep in mind that retainers are not refundable, with very few exceptions.

Hourly Fees

Charging by the hour is the most common billing practice used by attorneys and law firms. A lawyer can choose to charge clients by the hour, based on all the hours they put into a client’s case. The hourly-rate is either pre-set or agreed upon between clients and lawyers. Hourly rates will depend on a lawyer’s experience, location, overheads, and more. It is important to retain the legal services of an experienced attorney.

Contingent Fees

Contingent fees are the most common form of billing practice used by personal injury law firms and attorneys. This payment arrangement works by not charging clients any retainers or upfront fees, but collecting up a percentage of whatever monetary settlement they recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 today and speak with licensed personal injury attorney, Daniel Craven, about filing an accident claim in Indianapolis, Indiana. We offer free initial consultations and never collect attorney fees unless we prevail for you! Call 317-881-2700 for questions about personal injury lawsuits or to schedule a consultation with a seasoned Indianapolis personal injury lawyer you can trust.

A Store’s Obligation to Maintain Safe Premises

Posted on January 26, 2015 by admin

All commercial stores are obligated under law to maintain safe and hazard-free premises for customers, guests, clients, and employees alike. This protects people from being seriously injured. One of the most common commercial store injuries are slip, trip, and fall accidents. Failure to maintain a safe environment for the public can result in such accidents, and unfortunately, they are very common.

Whether this type of accident occurs at a department store, retail store, small shop, restaurant, gym, cinema, or any other commercial property open to the public, it is either the business or victim’s fault. In a slip and fall case, the most complex part is proving that a store is liable for a person’s injuries. A personal injury attorney must present to the court proof that the store did not take proper precaution to prevent an accident from happening.

The opposing party, often times the store’s insurance adjuster, will undertake the burden of proving that it was the injured victim’s negligence that caused the accident to occur, and that the store took all necessary precautions. If it can be proven that the store was kept in an unsafe condition, causing the accident to take place, then the plaintiff may receive remuneration for their damages.

Reasons for Slip and Fall Accidents

The most common reason why slip and fall accidents happen has to do with precipitation. Rain, snow, and ice are the number one cause of slip, trip, and fall accidents. These are cases in which the store is generally not liable because of the obvious weather conditions. In these cases, the customer should have acted carefully knowing that surfaces are slipperier than usual due to the weather. Other reasons for slip and fall accidents include poor lighting, unleveled surfaces, changes in elevation, spills, leaks, constricted staircases, obstructions, and more. When any of these circumstances occur, it is the law that asks whether or not the store should have noticed the hazard in a reasonable amount of time and if they took prompt action to clean it up or remove it before anyone is hurt. The store’s accountability for a slip, trip, or fall accident with largely depend on these variables and more.

Store’s Liability in Regards to Personal Injuries

A commercial store may or may not be responsible for a person’s slip and fall. Depending on the situation, different scenarios will eventually determine who is liable for such an accident. For example, if a store applies a floor wax improperly or uses a product that is much too slippery, this could be considered negligence on their part. On the other hand, a person could have been intoxicated while walking around a grocery store and trip over an isle display. This, of course, would be the fault of the victim. These are basic examples, but in real-life, the scenarios are not so cut and dry. There are generally many complicated and complex details that make it difficult to decide who the negligent party actually is and why. This is the reason why slip and fall victims require professional legal counsel from a licensed personal injury attorney. They retain the resources, experience, and knowledge to facilitate a successful slip and fall claim.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about filing a slip and fall claim in Indianapolis, Indiana. Seasoned personal injury attorney, Daniel Craven, has extensive litigation and trial experience. Our law firm offers free initial consultation and never collects lawyer fees unless we prevail for you. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. Call 317-881-2700 and speak with a slip and fall lawyer in Indianapolis, IN today.

Common Defects with Vehicular Recalls

Posted on January 19, 2015 by admin

Car Accident Attorneys 317-881-2700

Thousands of vehicles have been recalled by the manufacturer over the past several decades. This happens when certain parts or functions of a car or truck malfunction in a way that can cause a person harm or death. Defectively-designed automobiles are a danger to drivers, passengers, and pedestrians, putting the vehicle’s manufacturer in a liable position. There are many different ways a vehicle can be defective, resulting in recall.

Continue reading to learn what these common defects are and who to call if you believe you were injured as a result of a malfunctioning automobile.

Motor Vehicle Defects

Vehicles have been recalled for various reasons regarding defects over the past twenty years and more. Such defects cause accidents like vehicular fires, explosions, faulty seat belts, defective airbag systems, obstruction of views, tire blow-outs, engine malfunctions, loss of control, loss of brakes, and much more. Adults, teens, and children have been killed, disfigured, paralyzed, scalded, burned, and seriously injured from motor vehicle accidents caused by auto defects and malfunctions.

Automotive manufacturers retain state of the art equipment and technology to produce vehicles that can render a safe collision course for passengers and drivers; so there is no excuse for them to make such devastating mistakes. They often rush a new line of vehicles out to the market allowing their economic agendas outweigh proper consideration for safety. So crucial corners are cut when it comes to adequate safety features in order for them to get their product on the dealership floors faster; only this comes back to haunt them later. The result is usually some form of automotive product liability lawsuit.

Here are some examples of the most common vehicular defects in popular make and model cars and trucks that were pulled from the market for liability reasons:

• Defective Tires
• Airbag System Defects
• Seat Belt Defects
• Electrical Circuit Defects
• Faulty Car Doors (allowing ejection in an accident)
• Defective Car Roof Structures (can roll-over or crush victims in an accident)
• Fuel System Defects (PCFFF, or Post Collision Fuel Fed Fire)
• Defective Side-Impact Features
• And More

If you or a loved one was recently injured in a motor vehicle accident as a result of another person or entity’s negligence, including defective automobiles, contact a car accident injury lawyer right away and learn your rights to compensation.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about product liability and car accident injury lawsuits in Indianapolis, Indiana. Seasoned attorney, Daniel Craven, is happy to answer your questions about all personal injury accidents and claims. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and schedule your free consultation to discuss a recent Indianapolis personal injury with a licensed attorney, today.

Safety Tips Following Airbag Deployment in a Motor Vehicle Accident

Posted on January 12, 2015 by admin

Car Accident Lawyers 317-881-2700

Modern vehicles have an airbag system meant to protect drivers and passengers from sudden impact or ejection. In older model cars and trucks, there is typically only one airbag, and it’s located in the steering wheel or driver’s side dash. Newer model vehicles are more likely to come equipped with driver-side and passenger-side airbags; and others even come with side-cabin airbags, headrest airbags, rear-seat airbags, and more.

There are several crash sensors located all throughout a vehicle that relay instantaneous messages to the airbag control unit when they sense the car’s physical well-being has been damaged. The airbag control unit then responds by initiating airbag deployment. From the moment a vehicle’s crash sensors detect a collision, to the moment the airbags deploy, only a fraction of a second passes by. This entire process from start to finish happens faster than a person can blink an eye.

Airbags are enormously advantageous and revolutionary assets to our society. This is because they provide a soft cushion in the case of a sudden impact or collision, preventing serious head and chest injuries, brain injuries, orthopedic injuries, ejection from vehicles, and more. Although airbags are meant to, and do, save lives, they can also cause minor to moderate injuries; especially if seat belts are not worn.

Airbags are designed to work in conjunction with a vehicle’s safety restraints. Failure to properly restrain oneself in a vehicle can result in more severe airbag injuries or more serious injuries. After being involved in a motor vehicle accident that causes your airbags to deploy, it is best to know what to do next for the safety of yourself and your passengers. Continue reading to learn the proper steps to take after an airbag system deploys in a vehicle.

Airbag Injuries

It is very common for a person to experience an airbag deployment at least once in their lives. For this reason, it is helpful to know how to handle this type of situation in order to reduce anxiety, stress, and shock if it does ever happen. Keep in mind that airbags don’t just deploy in serious car accidents, they can also deploy from minor ones as well. For example, in some vehicles, if the crash sensors detect abrupt and forceful braking, the airbags might deploy. In any case that airbags deploys, here are the steps to take to ensure your safety and security:

Assess Your Health

Car Accident Injury Claims 317-881-2700

Immediately after the airbags deploy and your vehicle has come to a complete stop, the first thing to do is assess your health and the health of any passengers that might be with you. Are you and your passengers conscious? Take a look at all extremities and skin, checking for burns, abrasions, or possible broken bones. Consider the head, neck, back, and spine; how do they feel and do you believe they’re injured? Can you walk? Can you talk? Can you see? Do you feel nauseous?

These are all important considerations for drivers and passengers after an airbag deploys. If you conclude that you are in good health, begin to offer help to other passengers, as well as, any other individuals that were involved in the accident.

Seek Immediate Medical Attention

Even if you and your passengers feel as though everything is fine, sometimes adrenaline or shock can null pain and injury. Also, concussions and head traumas can lie dormant for days before becoming evident. This is why seeking immediate medical care is vital. In almost all cases, an emergency vehicle or EMT crew will arrive minutes after a car accident to do just this. They can offer medical care at the scene, or provide transportation to the hospital for more serious injuries.

For accidents that do not involve injury

Once the airbag deploys, and you are sure you are not injured, the first thing to do is turn the vehicle’s engine off and get out of the vehicle. Most of the time this happens automatically when airbags are deployed; but if for some reason the vehicle does not turn off, be sure to do it yourself. This prevents explosions or fires in the case of fuel leaks. So as soon as you are stable, turn the ignition off and give yourself some distance from the vehicle.

If you were recently involved in a motor vehicle accident in which you believe the airbag malfunctioned, or you were injured as a result of another driver’s negligence, contact a personal injury law firm right away. They have the proper knowledge and resources to recover compensation for victims of negligent car accidents and injuries.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with licensed accident lawyer, Daniel Craven, about motor vehicle accident claims in Indianapolis, Indiana. Our personal injury law firm offers free initial consultations and never collects legal fees unless we earn your settlement. Call 317-881-2700 and schedule an appointment with a seasoned car accident attorney in Indianapolis, IN to learn your rights, today.

How to Avoid Pedestrian Injuries on the Road

Posted on January 5, 2015 by admin

Pedestrian Accident Claims 317-881-2700

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

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

Pedestrian Safety

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

Pedestrian Injury Claims 317-881-2700

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

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

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

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

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

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

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

Information about Scaffolding Accidents and Lawsuits

Posted on December 29, 2014 by admin

Workers’ Compensation Lawyers 317-881-2700

Construction workers, especially the veterans, fully understand the risk they take on with their line of work. And for anyone that is considering joining the construction workforce, it is recommended to examine these risks before making any final decisions. This is because the construction industry can be extremely dangerous. Workers can be exposed to several environmental hazards on a daily basis.

Harmful chemicals, extreme heights, heavy equipment, over-exposure, and much more are just a few threats that constructions workers face every single day. And because of these dangers, construction employees are injured frequently. In some cases, serious accidents occur, causing severe injury or even death. One of the most common construction accidents involves poorly maintained and defective scaffolding.

Construction Scaffolding Accidents

Scaffolding is a necessary tool in the construction industry. It is used to allow access to all interior and exterior areas of a structure, for painting, sealing, and other types of construction work. Because they are used as such great heights, accidents are often serious, if not fatal. In fact, it is estimated that more than half a million construction workers are injured each year as a result of faulty scaffolding. Although there are strict industry regulations for setting up scaffolding, many construction companies cut corners when it comes to proper scaffolding installation.

Workers’ Compensation Lawyers 317-881-2700

Missing parts, missing or loose guard rails, missing side brackets, plank failure, missing base plates, and standard slip and falls are the most common reasons why scaffolding accidents take place. These are the areas where the negligence can occur. It can also occur at the hands of the manufacturer if the product, in this case scaffolding, was delivered defective. It can also be a result of employee negligence if a few decide to not follow proper installation instructions.

There are several cases of negligence that can occur when it comes to scaffolding accident, but in all cases, victims should be fairly compensated for their injuries. Just because you know your construction job comes with risks, doesn’t mean your employer is off the hook for any personal injuries you sustain on the clock. If you were recently injured at a construction site, contact a licensed construction accident lawyer for help navigating your company’s workers compensation system. They can ensure you receive full and fair compensation for your damages.

Craven, Hoover, and Blazek P. C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P. C. at 317-881-2700 and speak with a licensed construction accident lawyer in Indianapolis, Indiana. Ask for seasoned attorney, Daniel Craven, and receive a free initial consultation to discuss your injuries and determine your eligibility for remuneration. We never collect lawyer fees unless we recover compensation for you. Call 317-881-2700 to learn more about construction accident lawsuits in Indianapolis, IN.

A Pre-Existing Medical Condition Can Affect a Personal Injury Claim

Posted on December 23, 2014 by admin

Medical Malpractice Lawyers 317-881-2700

Accident Lawyers 317-881-2700

When two drivers are involved in a motor vehicle accident, the at-fault party is the driver that demonstrated negligence, thus causing the accident. It is the insurance company of the at-fault party that will file any personal injury claims or damage claims set by the victim or victim’s family. One of the most common defense methods used by insurance companies in an attempt to evade responsibility for someone’s damages, is to identify a pre-existing medical condition and blame the severity of one’s injuries incurred in a car accident on this pre-existing ailment
rather than the accident itself.

If they suspect that a person’s injuries are a result of an injury that has occurred in the past, they can legally request and receive a victim’s medical records by subpoena to look for any medical ailments that might be related or similar to the injuries sustained in the car accident. Insurance adjusters do this in order to prove that a pre-existing medical condition is directly related to the severity of a victim’s current injuries caused by a motor vehicle accident. If they are successful, then a victim may not be able to recover as much compensation for their damages as they would if they had not had a previous medical condition similar to the ones incurred from the car collision.

At-Fault Liability

Just because a victim might have a pre-existing condition that is relatable to their current injuries following a car accident, an at-fault driver is not off the hook. They are still liable for their negligence, and are still accountable for a victims exemplary damages. It simply means that a victim will have to fight harder to prove their case and defend the fact that their injuries were solely a result of their recent accident. Challenging an insurance company on your own is almost impossible; as they will find any reason to not pay out as much money for one’s damages.

This is just one reason why a car accident victim requires the professional representation of a personal injury attorney. They retain the litigation and trial experience necessary to prove a case and recover the full and fair compensation their client’s rightfully deserve. A licensed car accident lawyer knows how to build a solid injury case and refute any allegations from an opposing party. They can facilitate an in-depth review of all medical history, as well as, call previous doctors and medical advisors to the stand to testify on their client’s behalf. They will fight hard to prove to the judge and jury that the previous medical injury was fully healed, and not a pre-existing condition.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call our licensed car accident lawyers at 317-881-2700 for information about filing a claim after a motor vehicle accident in Indianapolis, Indiana. Attorney Daniel Craven is eager to answer your questions about suffering serious injuries after a car wreck. We offer free initial consultations and never collect attorney fees unless we win a settlement for you. Call 317-881-2700 to learn your rights following a serious car accident in Indianapolis, IN.

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

Posted on December 16, 2014 by admin

Car Accident Lawyers 317-881-2700

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

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

Motor Vehicle Accidents and Liability

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

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

Car Accident Attorneys 317-881-2700

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

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

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

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

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

Personal Injury Guide and References

Posted on December 12, 2014 by admin

Personal Injury Lawyers 317-881-2700

A personal injury can happen to anyone, children and adults alike. When someone is injured in an accident that was caused by another entity’s negligence (a person, company, organization, product, etc.), they are considered victims of tort. Tort is a civil wrong that can serve as grounds for a lawsuit in order to recover compensation for related damages. There are three different kinds of tort; intentional torts, negligent torts, and strict liability.

Examples of intentional torts can include cases of assault, harassment, trespassing, or emotional distress. Negligent torts can include cases like fraternity hazing gone bad, wrongful death, and motor vehicle accidents. Cases of strict liability can include slip and fall accidents, defective products, and more. There are several other areas of tort as well, not included in the above categories; such as defamation, harassment, nuisance tort, and more.

An example of a common tort would be if a drunk driver hits you and causes you serious injury. In this case, they have committed a negligent tort, and you have grounds to pursue lawsuit to obtain recompense for vehicular damages, personal injuries, trauma, lost wages, and much more. Assault is another example of tort that can lead to a personal injury lawsuit. Some forms of tort, mostly intentional ones, are not only grounds for a personal injury lawsuit, they are also punishable by imprisonment. Other forms of personal injury include wrongful death. Property damage, however, does not fall under personal injury law.

Personal Injury Terms

We have covered what tort is, and what a personal injury is, but there are other related terms that might be helpful to know before pursuing your own personal injury lawsuit. There are nine principle participants in a general personal injury claim. The first is the victim, or person filing for the victim. This is called the claimant. The rest are listed and defined below. Continue reading for more helpful legal terms related to personal injury lawsuits.

Claimant – This is the person that files the claim with an insurance company, or the person that actually suffered the personal injury. In the case of a wrongful death, the claimant would usually be a relative or spouse.

Party – A participant in a lawsuit.

Plaintiff – Also called the “claimant”, or the person that files the lawsuit.

Defendant – This is the opposing party (either a company or individual), or the party being sued.

Lawyer – This is the licensed legal party (usually one person, or sometimes a small team) that represents the claimant in a personal injury lawsuit.

Adjuster – This is the individual appointed by an insurance company to settle a claim. Their purpose is to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

First Party Insurance – This is the insurance company of the victim, or person filing the claim.

Third Party Insurance – This is the opposing party’s insurance, or the party being sued.

You can speak with a licensed Indianapolis accident attorney about your personal injury questions and concerns by simply scheduling a free initial consultation. They can listen to your story and assess whether or not you were an actual victim of tort. If they find that you or your loved one was wrongfully injured or killed as a result of another entity’s negligence, they will represent your claim. Many law firms do not collect upfront lawyer fees, and only do so if they recover full and fair compensation for their clients.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indianapolis personal injury attorney regarding a recent tort or accident. Seasoned lawyer, Daniel Craven, and the panel of personal injury attorneys alongside him, are eager and waiting to recover the full and fair compensation you rightfully deserve after being negligently injured in an accident. We offer free initial consultations and never collect lawyer fees unless we settle your claim. Call 317-881-2700 for more information about filing a personal injury lawsuit in Indianapolis, Indiana, today.