Tag Archives: personal injury lawyer Indianapolis

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

Posted on by

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?

Posted on by

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.

Defensive Driving Tips to Avoid Aggressive or Careless Drivers and Traffic Accidents

Posted on by

Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Motor vehicle accidents are terrible occurrences; whether they are a simple fender-bender, or a serious traffic collision. They disrupt our daily lives, cause emotionally stress, put a heavy load of financial obligations on our shoulders, re-arrange our planned agendas, and in worse-case-scenarios, cause serious physical and mental injuries, trauma, and fatalities.

The best way to avoid being a victim of a traffic accident or car wreck, is to learn how to drive defensively and safely at all times. You cannot control what others do, or the decisions they make behind the wheel of a car, but you can control your own behaviors and habits while on the road. Practicing defensive and alert driving can better prepare you for negligent and reckless drivers around you.

Continue reading to learn how to navigate safely on the road with other vehicles, and what to do in the case of a serious motor vehicle accident.

Driving Safety

Of course, the most important reminders for safe driving is always wear your seat-belt and obey all traffic signs, signals, and laws. Making sure you and your passengers are legally and securely strapped in their seat is the most important rule to driving. Without proper safety harnesses and belts, passengers and drivers can be ejected from their vehicles in a serious motor vehicle accident. This usually causes immediate fatalities. Wearing a seat-belt can prevent serious complications from whiplash, prevent injuries to the head, and much more.

Always wear your seat-belt no matter how good of a driver you claim to be. It is not always yourself that can cause an accident, it is others on the road. This is why defensive driving practice is so important. Of course you can trust your own decisions, but you cannot control how others drive around you. What you can control is how you react to reckless or careless drivers. Here are some safety tips and reminders for safer driving, and navigating around other seemingly negligent drivers on the road:

Concentrate and Focus

Always remain alert behind the wheel of your vehicle and constantly scan the road for reckless or aggressive drivers. Staying focused allows you to stay on track with road signs, signals, construction zones, and more. It will also allow you to see other drivers making reckless decisions before you approach their vicinity, and react ahead of time; which then allows you to better navigate around them and avoid a traffic accident. When you are in your car and driving, this shouldn’t just be your top priority, it should be your only priority. This means no multi-tasking behind the wheel.

Distracted driving is one of the top causes of fatal car crashes each year. Texting, phone calls, applying makeup, handing items to children in the back, driving under the influence of drugs or alcohol, and more are all common reasons why drivers wreck their vehicles, and kill either themselves, their passengers, or other innocent bystanders and drivers. Stop this behavior if you are guilty! You do not have the right to put other innocent people in jeopardy because you believe you can multi-task behind the wheel of a car.

Never Tailgate

Road rage is quite common among people with anger control issues, or those who are consistently in a hurry to get from point A to point B, without regard for other drivers. And sometimes, people just like to drive fast and erratically. You cannot always predict what the driver in front of you is going to do, and you cannot always see what’s in front of the driver in front of you. For this reason, it is important to never tailgate or drive closely to someone’s tail-end. If they suddenly brake for a flock of geese crossing the road, you might not have enough time to react and stop; subsequently slamming into the person’s bumper. This can cause several injuries to the passengers and drivers in both vehicle, and result in costly insurance claims and automotive repairs.

Obey Speed Limits

This is a no-brainer. Speeding causes accidents that could have otherwise been avoided. Speed limits are set for a reason, and should always be obeyed no matter what. When a driver is speeding, they are putting themselves and others in a dangerous situation. High speeds reduces a driver’s ability to control the vehicle, and the slightest over-correction or move can send a speeding vehicle out of control. Speeding is almost always a variable in a motor vehicle accident or collision. It might not always be the cause of an accident, but it most certainly plays a part in many cases.

Be Well-Mannered

Being a courteous driver means you are not being an aggressive one. When another vehicle signals that they need into your lane, just let them in. Don’t be stingy about letting cars in front of you, or giving other vehicles a chance to pull out. And if another driver doesn’t let you in for some reason, let it go and move on. Failing to remain well-mannered on the road can cause other drivers to become aggressive and hostile.

Avoid Aggressive Drivers

Being cut off on the way home from a long day at work, or on your way to pick up an ill child from daycare, is quite frustrating, understandably. But these aggressive drivers should not be allowed to influence your mood for the rest of the day! When you see drivers navigating aggressively through traffic, or are noticeably in a hurry, keep your distance. Drivers like these are more likely to cause or be involved in an accident. Steering clear of dangerous drivers can reduce your chances of experiencing an auto accident.

If you or a loved one has been recently injured or killed as a result of a negligent driver or motor vehicle accident, contact an Indianapolis car accident attorney right away. Learn your rights after being injured in a motor vehicle accident, and have a professional assess your case to determine if you have a valid claim. You may be entitled to compensation for your damages.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to speak with a seasoned car accident attorney in Indianapolis, Indiana. You can schedule a free initial consultation with licensed personal injury lawyer, Daniel Craven, to review your case and determine your eligibility for compensation. We never collect lawyer fees unless we win your case! Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about car accident injury claims in Indianapolis, IN today.