Car Accidents Caused by Drunk Driving

Drunk driving is a major issue in Indianapolis, Indiana broadly, and the country at large. According to data from Indiana University, in a recent year, Marion County alone had 391 drunk driving car wrecks, with 314 of those occurring within Indianapolis city limits. Nationally, data from the National Highway Traffic Safety Administration (NHTSA) shows that there were 13,524 fatal collisions caused by drunk driving in a single recent year.

If you are the victim of a drunk driver crash, the Law Office of Kelley J. Johnson can connect you with an Indianapolis drunk driving accident lawyer who can review your case, explain your options for seeking recovery, and guide you through your personal injury claim.

How an Indianapolis Drunk Driving Accident Attorney Can Help

An experienced Indianapolis car accident attorney can help with all aspects of your drunk driving car accident case, including:

• Investigating the Crash – Your attorney investigates the motor vehicle accident to identify all liable parties and collect the evidence necessary to hold them financially accountable.
• Calculating Compensation – Your Indiana personal injury lawyer determines how much money you are entitled to.
• Negotiating with Insurance Companies – Your lawyer negotiates with the other driver’s insurance company for a fair settlement.
• Representing You in Court – If the insurance company refuses to offer fair compensation, your Indianapolis drunk driving attorney can file a personal injury lawsuit to seek the maximum compensation.

An experienced attorney from a personal injury law firm can help with all aspects of your car accident claims.

Indiana’s Drunk Driving Laws

If a drunk driver strikes you in Indiana, it’s essential that you understand the laws that could play a role in your case:

• Blood Alcohol Concentration Limits – A driver who operates a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or with schedule I or II controlled substances in their system is driving under the influence under Indiana law. Additionally, a BAC of 0.15 percent or higher is considered a high rate of alcohol.
• Auto Liability Insurance – In Indiana, the driver responsible for causing a crash is also responsible for paying for it, generally through their liability insurance. In other words, you file your insurance claim with the at-fault driver’s insurance company instead of your own.
• Mandatory Liability Insurance – All drivers in Indiana must have minimum liability insurance, including at least $25,000 per person for bodily injury liability, $50,000 per accident for bodily injury, and $25,000 per accident for property damage. Additionally, unless you opt out, you have uninsured motorist bodily injury coverage, property damage coverage, and underinsured motorist coverage.
• Statute of Limitations – The time limit for filing a lawsuit or insurance claim in a drunk driving injury case is two years from the date of an Indiana car accident.

Penalties for Drunk Driving

The baseline penalties for someone who causes a car collision through their intoxicated operation of a motor vehicle are as follows:

• Between one and six years in prison and a fine of up to $10,000 if the car crash results in serious bodily injury
• Between two and twelve years in prison and a fine of up to $10,000 if the car crash results in death or catastrophic injury

Factors such as a particularly high rate of alcohol in their system or prior DUI offenses can increase the penalties a drunk driver faces.

Additionally, if a drunk driver injured you in a traffic accident, you can use their intoxication as evidence in your civil personal injury lawsuit. Your Indianapolis drunk driving lawyer may use the other driver’s BAC to show that they were negligent in their driving, strengthening your case for compensation.

What Is Indiana’s Dram Shop Law?

Indiana’s Dram Shop law holds that parties who give alcohol to a drunk driver can be held liable for the harm they cause as a result. Specifically, the party who provided the alcohol must have known that the person they were serving was visibly intoxicated. Furthermore, the drunk driver’s intoxication must have been the proximate cause of the incident.

Financial Compensation You Can Recover After a Drunk Driving Crash

The compensation an Indianapolis car accident lawyer can help accident victims seek after a drunk driving crash includes money for:

• Your past and future medical expenses, including surgeries, medical treatments, and physical therapy
• The wages you lost or will lose because of the impact your injuries have on your ability to work
• Any permanent disability you suffered due to the crash
• The physical pain and emotional suffering you experience
• The impact your injuries have on your marital relationship

Compensation in Wrongful Death Cases

If your loved one passed away due to the injuries they suffered in an Indianapolis drunk driving accident, you can seek the following compensation through a wrongful death lawsuit for:

• Your loved one’s funeral and burial costs
• Your loved one’s medical expenses related to the injury that caused their death
• The future income and work benefits you and your family will no longer receive from your loved one
• The cost of services your loved one provided
• The loss of your loved one’s affection, guidance, care, and other intangible benefits they provided

Punitive Damages

Victims of drunk drivers can seek punitive damages. Unlike compensatory damages, punitive damages don’t offset the victim’s losses. Instead, these damages punish the at-fault party for particularly reckless or egregious behavior.

To seek punitive damages, you must show by clear and convincing evidence that the at-fault party’s actions represent a reckless disregard for the lives and well-being of others. An example of when these damages may be applicable is if the drunk driver had a BAC of over 0.15 percent and multiple prior DUI offenses.

Contact an Experienced Car Accident Lawyer for a Free Case Evaluation

Attorney Kelley J. Johnson has over 20 years of experience handling personal injury cases. If you suffered an injury in a drunk driving accident in Indianapolis, contact the Law Office of Kelley J. Johnson for a free case evaluation.