Tag Archives: car accident attorney Indianapolis

Parking Lot Personal Injury Accident Information

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Pedestrian Accident Lawyers 317-881-2700

Pedestrian Accident Lawyers 317-881-2700

It is astonishing to learn that nearly 50 percent of all auto accidents happen in parking lots? It is incredible that so many car accidents happen in parking lots; areas where drivers should be using low speeds while looking out for pedestrians and other drivers. On the other hand, it is understandable why several parking lot car accidents occur so often. They are confined spaces in which several variations of driving happen.

Pulling out of parking spots, parking, cruising over speed bumps, turning corners, peering through lanes for available spots, and more are examples of what happens on a daily basis in a commercial or residential parking lot. Pedestrians, shopping carts, speed bumps, handicap spaces, and other drivers are all potential distractions or obstructions in a parking lot.

Parking Lot Accidents

Pedestrians and other drivers are the usual victims of parking lot car accidents. Accidents in parking lots happen for several reasons. For example, cars backing up can bump into people or other parked cars, two cars backing up at the same time can run into each other, blind spots can cause drivers to hit pedestrians, and much more. The possibilities are endless. Although parking lot accidents typically occur at low speeds, injuries can still be severe or even fatal.

If another driver or entity is responsible for an accident resulting in a person’s injury, they can be held accountable for their negligence in a court of law. It is important is obtain fair and full compensation for injuries sustained in these types of accidents; especially if the other driver or property is at fault. Determining who is at fault in a parking lot accident can be complicated and very confusing. Many times, people are unaware that someone or something is responsible for the accident.

It is vital to consult a personal injury lawyer for advice and legal counsel. They are able to quickly determine if you are entitled to compensation for injuries and damages following the parking lot accident. An experienced personal injury auto accident attorney can assess whether or not the other driver or property was negligent.

Car Accident Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with one of our seasoned car accident injury lawyers in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in car accident injury cases. We offer first consultations at no charge, and if we accept your personal injury case, we do not collect lawyer fees unless we recover compensation for you! Call 317-881-2700 to speak with a knowledgeable attendant about your recent parking lot accident in Indianapolis, IN.

Uninsured or Underinsured Car Accidents and Claims

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Virtually every state in the country requires drivers to be covered by motorist insurance if they intend to drive a car, truck, or motorcycle legally. Unfortunately, many people fail to comply with insurance laws, or fail to maintain the proper minimum coverage. In many cases, drivers cannot afford car insurance, while others simply neglect the legal responsibility altogether.

Regardless of the reason, uninsured motorists (UM), and even under-insured motorists (UIM), are going against the law. If they wreck, hit, or injure another driver while driving, they can be legally held responsible for damages, hospital bills, medical coverage, and more. Continue reading to learn about your rights if you are hit or involved in a car accident with an uninsured motorist or under-insured drivers on the road.

Call 317-881-2700 When You Need a Local Car Accident Lawyer in Indianapolis
Call 317-881-2700 When You Need a Local Car Accident Lawyer in Indianapolis

Uninsured and Underinsured Motorist Cases

Accidents that involve uninsured or under insured drivers, are commonly referred to as “UM” or “UIM” claims. The acronym “UM” standing for uninsured motorists, and “UIM” standing for under-insured motorists. In any case, it is recommended to check with your current automobile insurance provider to see if you are covered if ever hit by an uninsured or under insured drivers.

If a person is not covered under their insurance policy, and is struck by another UM or UIM driver, they can be left to deal with medical bills, lost wages, property damages, and more all on their own. This is why it is important to seek professional legal counsel about your rights and how to get the compensation you deserve immediately after a motor accident.

If a car accident is not your fault, and you sustained serious injuries as a result, you may be entitled to compensation by either your insurance company, the opposing insurance company, or the uninsured driver themselves. Talk to a licensed personal injury lawyer about your recent car accident and learn whether or not you have a valid claim against the uninsured motorist or insurance carrier.

Indianapolis Uninsured Motorist Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information about uninsured motorist accident claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are extensively experienced in uninsured accident law and are happy to answer all your personal injury questions. Schedule a free consultation with a licensed personal injury attorney to assess your eligibility for compensation following an uninsured motorist accident that resulted in serious injury or losses. For reputable and assertive representation for an uninsured or under-insured motorist accident claim in Indianapolis, IN, call Craven, Hoover, and Blazek P.C. at 317-881-2700 today.

Discussing Personal Injury Protection (PIP)

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In the past weeks, we have discussed several facets of personal medical insurance coverage and liabilities, including medical payments coverage, personal umbrella policies, and personal injury protection. We mentioned that Indiana is a tort state, so additional insurance policies like the aforesaid are not mandatory by law. Nonetheless, they are wise insurance policies to purchase. Continue reading to learn more about personal injury protection (PIP) and how it relates to auto accident insurance coverage.

Call 317-881-2700 to Speak With a Personal Injury Lawyer in Indianapolis Indiana
Call 317-881-2700 to Speak With a Personal Injury Lawyer in Indianapolis Indiana

PIP Insurance Coverage

Personal injury protection insurance is a type of medical payments coverage for drivers and passengers who are injured in a motor vehicle accident. Under this policy, all or a portion of medical expenses and hospital bills (driver and passengers) are paid for no matter who is to blame for an auto accident. No-fault accident states require this type of insurance coverage, but Indiana is not a no-fault state, it is a tort state. For this reason, Hoosiers are not obligated by law to obtain PIP coverage to legally operate a vehicle.

Although most Indiana car insurance policies have a degree of medical expense coverage, and some medical insurance policies cover auto accident injuries, many drivers can benefit from additional coverage by purchasing a PIP plan. If medical expenses exceed insurance coverage limits, a person must pay out-of-pocket for the remaining bill. With a PIP plan, these superlative expenses are covered for both the driver and their passengers.

Conclusion

PIP plans can vary in deductibles, pay limits, and coverage. Depending on the state you live in and the type of coverage you choose, your policies details may vary from another’s. Personal injury protection insurance can cover medical and hospital bills, disability benefits, lost wages, and in some cases, even death benefits. Call your medical insurance carrier to inquire more about PIP coverage options in your state.

Injured in an Auto Accident?

If you were recently injured in a motor vehicle accident that was no fault of your own, contact a car accident attorney for information about your legal rights. You may be entitled to certain compensation for your damages and losses.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about car accident injury claims in Indianapolis, Indiana. Personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions about filing a car accident injury claim in Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indiana is a Tort State in Terms of Auto Accidents and Insurance Coverages

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Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Many states are “no-fault” states, meaning drivers that are involved in auto accidents use their own insurance coverage to pay for their damages and losses, no matter who is at-fault for the collision. But Indiana is NOT one of those states. Hoosiers live in a “fault” state, or tort-system state, meaning someone has to be found “at-fault” for the accident. In fact, Indiana uses comparative fault law to determine exactly who is at fault for an accident, and to what degree.

Continue reading to learn more about Indiana’s tort system in regards to auto accidents and insurance policies.

Indiana’s Tort System

In Indiana, they use a tort system that determines who is at fault for a motor vehicle accident. And when a person is assigned fault for an auto accident, it is their insurance company that pays for their damages and the damages of the injured parties, up to their particular policy limits. There are state limits to the amount of insurance a driver must obtain to legally operate a vehicle. In Indiana, the state minimum for auto insurance is 25/50/10. Below is a chart to understand what this numeric value means.

$25,000 Limit for Bodily Injury Liability (per injured person)

$50,000 Limit for Bodily Injury Liability (per accident)

$10,000 Limit for Property Damage Coverage

These values are the state minimum for legal driving in Indiana. If a driver does not have this coverage they are operating their vehicle illegally, and if caught, can face state fines, property revocations, and possible misdemeanor charges.

Comparative Fault

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

Indiana handles automobile accident cases in agreement with the Comparative Fault Act. This means fault is allocated among all involved parties. Parties include the plaintiff (injured driver), the defendant (the accused at-fault driver), and possible “non-party” entities. A non-party entity is a person or company that could be assigned a portion of fault for the accident, but for strategic reasons, was not sued by the plaintiff.

In the case of a motor vehicle accident lawsuit, all parties are identified and then assigned fault. So long as the plaintiff is assigned 50% or less of the fault, they can collect remuneration for their damages. If they are found to be more than 50% at fault, they get nothing. For example: A person is assigned 25% fault, while the defendant is found to be at 75% fault. If the courts award the plaintiff $100,000 for their damages, the plaintiff will only take 75% of that amount since they were apportioned 25% of the fault for the accident. Had the plaintiff been apportioned 51% or more of the fault, they would be compensated nothing.

Additional Insurance Coverage

In the no-fault states, drivers are required to have PIP coverage or MedPay coverage; insurance policies that cover the medical expenses of a driver and their passengers injured in an auto accident. Since Indiana is a tort state, so drivers are not required to purchase this type of additional insurance coverage. However, they do have the option and they come highly recommended. Indiana drivers can purchase PIP (personal injury protection) coverage or medical payments coverage (MedPay) if they choose. Hoosiers can also purchase a personal umbrella policy (PUP) that pays for any damages outside of their auto or homeowners’ policies. Be sure to check back next week for an in-depth discussion about PIP and PUP insurance.

Indianapolis Auto Accident Attorneys

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 after being injured in an auto accident in Indianapolis, Indiana. Indianapolis auto accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will recover the full and fair compensation you deserve after sustaining a serious injury resulting from a car accident that was not your fault. We offer free initial consultations to discuss your claim, and never charge lawyer fees unless we recover compensation for your losses. Call 317-881-2700 to file a car accident injury claim in Indianapolis, IN today.

What is MedPay?

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Every driver needs to have car insurance. But car insurance only covers damages to vehicles, not people. Fortunately, there is an additional type of coverage you can purchase to protect yourself and your passengers. It is called medical payments coverage, or MedPay insurance for short. It is a form of insurance coverage for “Medical Payments to Others”, rather than vehicles. In the case of an auto-related or motor vehicle accident, whether your fault or not, med pay insurance will cover the medical expenses of yourself and your passengers if injured as a result of the accident. Continue reading to learn more about MedPay, how it works, and where to obtain such insurance coverage.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Medical Payments Insurance

Any medical costs that results from an auto-related or motor vehicle accident will be paid for by a medical payments insurance policy. It pays for and protects your passengers and yourself, but it does not cover medical expenses for the people in any other vehicles involved. That would require third-party insurance coverage. Medical payments coverage is usually set at a maximum limit of $25,000. All medical costs that exceed a MedPay policy’s limit has to be paid out of pocket, by health insurance, or third-party insurance.

There is a lot of confusion when it comes to understanding MedPay coverage. Many assume it is a type of health insurance, but it is only meant to cover injuries caused by auto-related accidents, and again, only has a $25,000 payout limit. Also, health insurance will only cover your injuries, not the injuries of your passengers. Instead, med pay is more like PIP, or Personal Injury Protection. Although both types of insurance are similar, MedPay differs from PIP because it only covers medical expenses, not lost wages or other damages, like PIP coverage does. We will further discuss PIP coverage in next week’s blog, so stayed tuned!

It is strongly encouraged to purchase MedPay insurance for anyone who regularly carpools as well as, for adolescent drivers. It is a lucrative expense that is well-worth it in the end. Also, medical payments insurance has to be purchased for every single vehicle owned, including motorcycles. So if you only have MedPay insurance for your Jeep, but an accident occurs while driving your Honda, you will not be covered by your MedPay policy. You need to insure all vehicles to be fully-covered. Start by calling your own car insurance provider to inquire about MedPay, but be sure to also shop around for the bet rates. For an affordable cost, you and your passenger’s medical expenses can be covered if ever seriously injured in a motor vehicle accident in your vehicle.

If you or a loved one has been seriously injured in a car accident, contact a licensed personal injury lawyer right away to learn your rights and recover the full and fair compensation you are owed.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury car accident claims in Indianapolis, Indiana. Attorneys Keith Blazek, Ralph Hoover, and Daniel Craven have extensive trial and litigation experience in Indiana, and will work hard to recover the compensation you deserve after being seriously injured in a motor vehicle accident. We offer free initial consultations and never collect lawyer fees unless we get you money! Call 317-881-2700 to find a reputable and experienced car accident attorney in Indianapolis, IN and its surrounding counties.

Explanation of Negligence Per Se Claims

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Indianapolis Accident Attorneys 317-881-2700
Indianapolis Accident Attorneys 317-881-2700

In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant’s “duty of care”, prove that there was a “breach” of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a “negligence per se” case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.

Negligence Per Se

Negligence per se is a “cause of action” claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the “class” the law was set to protect; in this case, the public class.

To Prove Negligence Per Se, the Following Four Facts Must Be True:

1. A Safety Law was Violated

2. The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty

3. The Violated Law is Set to Protect the Public from the Type of Injury Inflicted

4. The Injured Victim is a Member of the Class that the Violated Law Protects

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family’s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity’s carelessness.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana
Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer you can trust. Partners, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers’ compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Did You Have a Car Accident in a Company Vehicle?

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Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

Many people have to drive from place to place in a company vehicle. Whether salespersons, repairmen, delivery drivers, or taxi service, a company vehicle is used quite often. When accidents happen in a company car, truck, or van, questions generally arise regarding liability. It can be confusing predicting the circumstances of a motor vehicle accident in company property. Would it fall under workers’ compensation? Or would the employee be responsible for their own damages, as well as the vehicular damages? These are all appropriate questions that we will discuss in this blog.

Continue reading to learn about car accidents that happen in company-owned vehicles and what to do if it happens to you on or off the clock.

Steps for Company Vehicular Accidents

Always be prepared for an accident. This means keeping pen, paper, insurance information, vehicle registration, and even a digital or disposable camera in the vehicle at all times. This way, if an accident occurs, you are fully-equipped to document all the needed information and evidence at the scene.

In the case that an accident does take place, the first thing to do is check yourself and the other vehicle occupants for injuries. If you or anyone else are hurt, call 911 immediately; and then call the police. Even if you are just a little sore, contact EMT services or go to the hospital and have yourself checked out. Head, neck, and back injuries from car accidents can lay dormant for several days before showing signs and symptoms. In the case that this happens, you want to have a medical report on file for evidence of injuries and legal purposes.

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

After emergency services are called and if you are not too injured, use the tools you have on-hand to self-document the scene of the crime. Take pictures of all pertinent damages and obstructions. Write down license plate numbers, names, insurance information, your observations of the driver, what the driver says, and more. When talking to the other drivers involved, do not talk too much or say anything that implies remorse, guilt, or fault. Do not admit to anything and don’t say too much because it can be used against you in legal proceedings and questioning later on. Simply exchange necessary information and leave.

Employer Responsibilities

After leaving the scene of the accident, contact your employer to notify them of the incident. Provide all pertinent paperwork, documents, information, and evidence regarding the circumstances of the wreck. Most likely, they have a legal department and company procedures for company vehicular accidents and workers’ compensation. If the company car is still operational, they will ask you to return it so they can either repair it or salvage it. Otherwise, your company will contact a wrecker service to haul the vehicle away to their desired location.

If you are injured as a result of a car accident that happens in a company vehicle on the clock, you can collect workers’ compensation, as well as, pursue a third party lawsuit against the negligent driver that cause your injuries. Contact a personal injury car accident lawyer for details about filing this type of lawsuit. You may be entitled to additional compensation for your damages.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a third party lawsuit against a negligent driver in Indianapolis, Indiana. Attorney Daniel Craven is a seasoned car accident injury lawyer with decades of litigation and trial experience. Our law firm offers free initial consultations and never collects lawyer fees unless we win your settlement. Call 317-881-2700 for details about our personal injury law firm in Indianapolis, IN today.

Safety Tips Following Airbag Deployment in a Motor Vehicle Accident

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Car Accident Lawyers 317-881-2700

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 Claims 317-881-2700

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

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.

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

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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

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?

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Car Accident Lawyers 317-881-2700

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

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

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.