The General Steps of a Car Accident Injury Trial

Posted on September 26, 2022 by admin

In the vast majority of cases of car accident lawsuits, both parties usually avoid trial by settling the case with the assistance from their respective attorneys. This happens when the claimant party, or injured victim, agrees to a settlement offered by the opposing party’s insurance carrier. However, if both parties cannot come to a settlement agreement, the case will go to trial. Trials are serious matters, which is why it is vital to always have private personal injury representation as a wrongfully injured victim in Indiana. They can navigate your car accident case every step of the way.

For a better understanding of what this might involve, continue below to review the general steps of car accident injury trial.

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Car Accident Liability Disputes

In the case of a car accident liability dispute, a claimant has two options for resolution: they can settle with the insurance company or file a personal injury lawsuit. Settling with the insurance company would involve out-of-court settlement negotiations that would take place between the claimant party (injured victim and their legal team) and the insurance carrier.

If the insurance carrier offers a full and fair settlement for the injured victim’s damages and losses, the injured victim might agree to the settlement, and the case can be completed and closed. If the injured victim and their legal team reject the settlement offer by the insurance carrier, they can bring the case to court. At trial, a car accident injury dispute will be heard and decided normally by a jury and rarely by a judge.

Car accident injury cases tend to go to trial because they are high-value, or because they involve complicated factors surrounding liability and causation. It is important to have an experienced Indianapolis car accident lawyer working your case for the best possible chance at recovering the maximum settlement for your damages and losses.

What To Expect at a Car Accident Injury Trial

Your personal injury car accident lawyer will handle every aspect of your case, from start to finish. On your behalf, they will attend every hearing and pretrial meeting representing your best interests. The general phases of a car accident injury trial include discovery, mediation, jury selection, opening statements, presentation of evidence, closing arguments, jury deliberation, and verdict delivery.

Discovery Phase

The discovery phase is a type of pretrial meeting that takes place between the legal team of the claimant party (injured victim) and the legal team of the plaintiff party (insurance company). During this phase, the lawyers will exchange information relevant to the case by means of depositions, interrogatories, or other requests for evidence.

Jury Selection

Following the discovery phase, both the plaintiff and claimant legal teams will interview a panel of potential jurors by asking them several questions. They will need six qualified jurors and one alternate in Indiana.

Opening Statements

Once the trial begins, both sides will make opening statements to the court and jury. These statements outline what the lawyer intends on proving throughout the proceedings.

Presentation of Evidence

During this stage of a car accident injury trial, both legal teams for each side will present the evidence they have that proves their case. Such evidence might include documents, records, witness testimonies, expert testimonies, photographs, videos, receipts, and relevant evaluations.

Closing Arguments

Towards the end of the trial, after all evidence has been presented and argued, the claimant’s lawyer and the plaintiff’s lawyer will make closing arguments. These are similar to opening statements in that they summarize all facts and testimony presented and proved throughout the trial.

Jury Deliberations

During this phase of a car accident trial, the jury will deliberate and ultimately decide whether the claimant met their burden of proof or not.

Verdict

After the jury and judge decide that the claimant party did meet their burden of proof and therefore the opposing party’s liability in the case, they will be award financial compensation. If the judge and jury decide that the claimant party failed at meeting this burden, the case will be closed, and they would receive no compensation.

Are you ready to discuss the legal options you have surrounding your recent and wrongful car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your car accident injury lawsuit in Indianapolis, Indiana. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana. We also represent Hoosiers who were injured and the Estates of persons wrongly killed in other states.

Recurrent Types of Commercial Trucker Safety Violations

Posted on September 13, 2022 by admin

Like any other driver on the road, commercial truck drivers are subject to being ticketed for traffic and safety violations. In more serious cases, commercial truckers are ordered to refrain from driving until such violations are addressed in accordance with local and state law.

It is important for law enforcement to hold industry truck drivers strictly accountable for violating safety protocols and regulations while operating a big rig or commercial truck because such trucks pose a higher level of threat to other vehicles, pedestrians, and properties; and not just due to their size, but also the quantity of momentum gained while operating at high speeds. Essentially, semi-trucks and similar commercial vehicles are like multi-ton missiles and tanks out on the road.

Continue below to learn more about the recurrent types of commercial trucker safety violations and better protect yourself from negligent trucker accidents.

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Commercial Motor Vehicle (CMV) Regulation in the United States:

Although it is fairly common for commercial truckers to violate important traffic and safety codes on the road, there are systems in place to abate and create awareness for trucking safety. For instance, the Indiana State Police has an entirely separate department that is solely responsible for commercial motor vehicle (CMV) law enforcement.

Additionally, the United States trucking industry in whole is regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA performs routine inspections on all trucking companies and operators in the country, plus aggressively seeks grievances and criticism about truck safety issues in local communities and cities. They also maintain an active website that offers a National Consumer Complaint Database portal for submitting complaints about unsafe truck drivers in your area.

If you have observed unsafe commercial truckers in your community, you can report your concerns free of charge to the FMCSA database, or you may contact 911 if you see a reckless driver or unsafe truck on the road.

Common Commercial Trucker Safety Violations to Watch Out For

The most common causes for truck accidents involves driver-error. One of the most frequent mistakes trucking companies make is setting unrealistic or arduous deadlines, causing truck driver fatigue, speeding and other short-cuts. Another cause for truck driver accidents involves improper training. When a trucking company fails to properly train their truck drivers through a professional trucking course, it can lead to dangerous driver errors that jeopardize the safety of the drive themselves, as well as others around them. Inadequate truck inspections, unbalanced cargo, overloaded cargo, hazardous chemical leaks, and lack of safety maintenance are other common reasons why commercial truckers cause accidents.

More specifically, according to the Federal Motor Carrier Safety Administration (FMCSA), commercial truckers and trucking companies in the United States are most often cited for the following types of safety violations:

◈ Speeding or Swerving Through Lanes
◈ Tailgating Behind Other Vehicles
◈ Changing Lanes Incorrectly or Unsafely
◈ Making Improper or Illegal Turns
◈ Failing to Yield to the Right of Way
◈ Violating Railroad Grade Crossings
◈ Disobeying Traffic Lights and Signs
◈ Reckless or Careless Driving
◈ Using a Handheld Phone While Driving
◈ Driving While Impaired

Were you or a loved one seriously injured in an accident caused by a negligent commercial truck driver in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free personal injury case evaluation to discuss your truck accident in Indianapolis, today. We represent clients all throughout the state of Indiana.

Understanding Onset of Injuries After a Car Accident

Posted on June 6, 2022 by admin

Even as low as 5 or 10 miles per hour, vehicles are essentially multi-ton missiles on the road. So, when drivers are involved in a collision, the event is usually traumatic. The force produced by a car wreck can cause a wide range of injuries to both passengers and drivers, especially soft tissue injuries, back injuries, neck injuries, and concussions; injuries that are not always present right away. It does not take a big collision for a person to be injured in even a “minor” automobile collision because the force of the collision between the two vehicles involved in the collision flows through your flesh and body.

A common phenomenon surrounding car accidents is known as an onset of injury, which describes a car accident victim who does not show signs of injury until hours, days, or even weeks following the collision. Such car accident victims often feel concerned that they are no longer eligible to claim payments through an accident claim or lawsuit because their injuries were not apparent at the scene of the accident. But those who are wrongly injured in a car wreck deserve justice no matter how many days later their injuries appear, and the law tends to agree. Moreover, medical doctors agree that a delayed onset of injuries for a person involved in an automobile collision is very common.

Continue reading to learn more about experiencing an onset of injury after a car accident, including what you should do if you were hurt in an auto collision that was not your fault.

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Do Not Mistake a Minor Accident for Minor Injuries

Even a seemingly minor car accident can cause bodily injury that does not appear at or directly after the scene of the collision. And if a minor car accident can pose the risk of late-appearing bodily harm, you can safely presume that a more serious auto accident can lead to an onset of injuries as well. An auto accident victim might feel fine, even unharmed, after the event, especially with their adrenaline pumping, but then days, weeks or even months later, begin experiencing signs and symptoms of serious injury. The most common types of late-appearing car accident injuries include neck injuries, back injuries, soft tissue injuries, whiplash, and concussions.

Because onset of injury is a real possibility among car accident victims, it is crucial to monitor your daily health following the wreck and to seek medical attention at the first sign of any evolving injuries. Such records will protect your rights to claiming payments through an accident claim or lawsuit, down the line, especially when the defendant’s insurance adjuster starts arguing you were not injured.

What To Do After a Car Accident

After being involved in a car accident that was not your fault, it is important to protect yourself by filing a police report at the scene and receiving medical attention from responding EMT’s. Also at the scene, gather as much video and photo evidence of the surroundings, including car damages, street signs, traffic signs, skid marks, intersections, any visible injuries on you, and more. You should also try to gather contact information from any witnesses. All of this evidence can help support your rights to being compensated.

After you leave the scene of the accident, it is critical to see a doctor right away. If you do not want to go to the emergency room, make a doctor’s appointment for the next day or as soon as possible. It is important to see a doctor after a car accident whether you feel injured or not. Not only will a doctor be able to check you out and give you instructions on how to self-monitor for later-appearing car accident injuries, and these medical records will help support your case as well.

During this process, it is vital that you do not speak with any insurance adjusters or representatives. Instead, work fast to hire a personal injury law firm in Indiana that specializes in car accident injury claims. They have the knowledge and resources to represent your case and obtain the maximum settlement or verdict you deserve. Just be sure to choose the best car accident attorneys in Indianapolis!

Insurance companies for defendants have attorneys and insurance adjusters working on the case for the defendant from the moment the at-fault driver informs them of the automobile collision. You should have immediate attorney representation as well to make sure you get treated fairly and so the other side does not entice you to doing things that will only help their side.

Are you looking for a qualified and experienced civil litigation law firm that can meet these expectations and more? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned car accident lawyer in Indianapolis. We represent clients throughout the state of Indiana and Indiana residents injured in other states.

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.

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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.

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.

Information About Being Injured By a Driver Who Ran a Red Light

Posted on September 21, 2021 by admin

Some of the scariest car accidents that result in serious injuries or fatalities are those that occur as a result of driver negligence and red lights. In fact, a comprehensive study performed by AAA’s Foundation for Traffic Safety reveals that over 900 people were killed in car accidents in 2017 because drivers failed to stop at a red light. This statistic represents a 28% increase in red light accidents and fatalities since 2012.

Unfortunately, running red light car accidents are a common personal injury claim here in Indiana. If you are a recent Indiana car accident victim due to a negligent driver who ran a red light, continue reading to learn what you need to know about pursuing legal action against them for the purpose of obtaining compensation for your damages and losses.

Red Light Car Accident Lawyer Indianapolis 317-881-2700

Understanding Negligence in a Red Light Running Car Accident Case

In all states, running a red light is illegal no matter how you look at it. If you are caught by law enforcement, you will likely be cited a ticket and pay a fine. However, if you run a red light and the result leaves another driver or pedestrian injured, there could be additional legal implications. You see, not only is running a red light a criminal offense, but it can also be a civil lawsuit because of a common legal principle known as negligence per se.

Because a driver is breaking a general traffic law or regulation, they are deemed negligent per se because such laws are set for the purpose of promoting safety and protecting people from injuries. Some states use negligence per se as proof that a driver violated a law, ordinance, or regulation, thus deciding the case entirely. Other states may use negligence per se as a piece of evidence showing that the defendant acted negligently.

An Indiana Car Accident Lawyer Can Help You Recover Financially

In Indiana, the law recognizes negligence per se as evidence against an at-fault party in all types of personal injury cases. To understand your rights to pursuing legal action against an at fault driver who caused your injuries in a serious car accident, it is important to speak to a licensed Indianapolis personal injury lawyer as soon as possible. Act fast before the statute of limitations runs out on your case, or evidence is lost that would support your claim.

Are you ready to get the settlement you deserve after being injured by a negligent driver in Indiana? 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 clients throughout Indiana, including Indiana residents injured in other states.

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