No one expects to get into a car accident. Most accident victims suffer unexpected and unavoidable collisions that occur as the result of other motorists’ negligence. Fortunately, at-fault drivers may be held responsible for the harmful crashes they cause.
The process for recovering damages in a car accident claim can be tiresome and complex. You must be able to prove that your crash happened because of the defendant’s careless conduct. Additionally, you must establish that your injuries were caused by the collision at issue.
If you need to file a car accident claim in West Lafayette, IN, seek guidance from our experienced car accident attorneys at Wruck Paupore by calling (219) 322-1166 today.
The time limit to file a car accident case in Indiana is governed by I.C. § 34-11-2-4(a)(1). You will typically have two years from the date of your crash to bring your case to court. Failure to act in accordance with this deadline could cause your case to be dismissed. If your claim is dismissed, you will miss out on your opportunity to recover monetary damages.
Additionally, even though you may have two years to file, you should begin working on your case as soon as you can. Crucial evidence that is necessary to support your claim may deteriorate or become lost over time. By contacting our car accident attorneys quickly after your collision, you may improve your chances of recovering the evidence needed to win your case.
Furthermore, there are several other conditions that must be satisfied when filing a car accident claim. As an example, you must bring your case to the correct court, attach necessary supporting documents, pay required filing fees, serve all named defendants, and avoid filing an incomplete claim. If any of these conditions are not adhered to, then you may have to file your case again. Therefore, you should try to bring your claim to court as soon as possible so that you have time to re-file if necessary.
Car accidents can lead to a wide array of painful and immobilizing injuries. One of the more common types of injuries suffered by crash victims is broken bones. These injuries frequently occur when individuals strike hard objects inside their vehicles during the course of their collisions. Broken bones can cause high degrees of physical pain. In especially serious cases, such as those with compound fractures or crush injuries, victims with broken bones may require surgical treatment.
Traumatic brain injuries are another serious type of harm often caused by car crashes. These injuries usually result from physical blows to the head. These injuries can come in several forms. For instance, plaintiffs may sustain skull fractures, intracranial hematomas, or concussions. These injuries can produce a multitude of detrimental symptoms that restrict victims’ abilities to enjoy their lives and perform tasks at work.
Another particularly serious type of injury regularly sustained by car accident victims is spinal cord damage. Like with traumatic brain injuries, there are several different types of spinal cord damage that can occur. The type and severity of a spinal cord injury may depend on the section of the spine that was damaged. Those who sustain such injuries may incur varying degrees of pain and paralysis. Accordingly, these injuries can also produce highly negative impacts on the quality of victims’ lives.
Finally, internal injuries are also a common type of harm caused by motor vehicle collisions. These injuries usually arise in the form of internal bleeding or organ damage. They can produce very harmful symptoms but may not become painful until days after a crash. If you suspect that you may have incurred an internal injury because of your collision, you should seek medical attention quickly.
Motor vehicle collisions often occur because of drivers’ negligent conduct. Our car accident attorneys can investigate your crash to determine whether it stems from any of the following:
One common cause of car accidents is speeding. Excessive speed increases the risk of collisions because it reduces the driver's reaction time and makes it harder to stop quickly when necessary. Speeding also magnifies the severity of accidents, leading to more severe injuries and property damage.
Improper lane changes are another common cause of collisions. When drivers fail to signal or check their blind spots before changing lanes, it can result in dangerous situations where multiple vehicles converge in the same space. In many cases, these types of accidents involve side collisions.
Distracted driving is a significant cause of car accidents. This occurs when drivers divert their attention from the road because of activities like texting, talking on the phone, eating, and viewing social media apps. As a result, their ability to react to sudden changes in traffic conditions is compromised.
Accidents also happen because of the failure to yield the right-of-way. Drivers may disregard stop signs, yield signs, or pedestrians in crosswalks, leading to dangerous and often avoidable collisions. Furthermore, many crashes happen because motorists commit improper left turns.
Drunk driving poses a substantial risk to all drivers on the road. Alcohol impairs a motorist’s judgment, reaction time, and coordination. As a result, intoxicated drivers are more likely to lose control of their vehicles and cause accidents. Our legal team can help hold drunk drivers accountable for the significant harm they cause.
Running red lights is a dangerous behavior that results in many car accidents. This form of negligence regularly leads to broadside or T-bone collisions at intersections, which are typically severe. Additionally, these conditions are likely to happen at high speeds.
Tailgating, or following another vehicle too closely, is a common cause of rear-end collisions. When a driver tailgates, they have limited time to react if the vehicle in front suddenly stops or slows down, often leading to rear-end accidents.
Fatigue can impair a driver's judgment and reaction time, similar to the effects of alcohol. Tired driving can cause accidents because it reduces alertness and increases the likelihood of falling asleep at the wheel.
Lastly, defective parts like faulty brakes, tires, and steering systems can cause accidents. These accidents may not be the fault of another driver but instead occur because of issues with the vehicle itself.
Pursuing a claim against a defective part’s manufacturer or seller may be complicated. Fortunately, if your crash happened because of a defective part, our legal professionals can help build your case.
If you sustained a car accident in West Lafayette, there are certain actions you can take that will help your potential claim succeed. First, you should seek medical attention for your injuries. If you require immediate care, then the 911 dispatcher should send an ambulance to the scene of your accident. If an ambulance is not necessary, you should still visit the doctor as soon as possible. Failure to obtain medical documentation for your injuries will prevent you from recovering payment from another driver. Furthermore, the defendant in your case may use a delay in treatment to argue that you were not badly injured.
You should also attempt to exchange contact and insurance information with other drivers involved in your accident. This information will be helpful when building your claim. Also, contact information should be retrieved from witnesses at the scene. Eyewitnesses can offer testimony that helps you establish fault for your crash. For example, a witness may state that your accident happened because another driver committed an illegal lane change. When conversing with witnesses, be sure not to make any statements that can be construed as apologies or admissions of fault.
Additionally, you should attempt to take photos at the scene of your accident if you can. You should ensure that you take photos of your damaged vehicle. These photos can help establish that the property damage you incurred is related to the crash. Further, you should take photos that depict the weather and road conditions at the time of your accident. The defendant in your case may assert that your accident happened as the result of a road defect or poor visibility, as opposed to their negligence. In that case, photos from the scene of your accident can be used to disprove their alternative theory of fault.
Finally, you should get in touch with our legal team as soon as possible after your crash. During your free case review, we can help determine your appropriate course of action.
Car accidents can occur nearly anywhere. Still, there are certain locations where collisions are more likely to occur. By identifying these locations, you may be more prepared to avoid a harmful crash.
Car accidents regularly happen at intersections because of the convergence of multiple vehicles traveling in different directions. Collisions at intersections are often related to drivers running red lights or stop signs, failing to yield the right of way, or misjudging the timing of their turns.
Highways and freeways are prone to accidents because of higher speeds and increased traffic volume. Accidents on these roads can happen because of speeding, tailgating, sudden lane changes, and distractions from neighboring traffic.
Parking lots are also common accident locations because of the close proximity of vehicles, limited visibility, and frequent backing maneuvers. Drivers may collide while trying to secure parking spaces and when other vehicles are difficult to spot. Even though these accidents typically occur at low speeds, they can still produce significant harm.
Residential areas see many accidents because of the mix of pedestrians, cyclists, and vehicles. Furthermore, reduced speed limits and less predictable traffic patterns can lead to accidents, especially if drivers fail to yield to pedestrians and obey speed limits.
Accidents in school zones are likely because of the presence of children, school buses, and reduced speed limits. Drivers may fail to slow down as required, leading to catastrophic accidents involving pedestrians or other vehicles.
Construction zones can be accident-prone because of narrow and shifting lanes. Drivers may not adapt to these conditions appropriately and cause collisions with other vehicles or construction equipment.
Finally, accidents often happen on curved or winding roads. Limited visibility and blind spots in these areas can make it challenging for motorists to anticipate oncoming traffic and other obstacles.
There are situations where drivers can share blame for their collisions. For example, fault may be shared for an accident where a speeding driver was struck by a motorist who committed an improper lane change.
If you share blame for your car accident in Indiana, you may still recover payment for the damages you incurred. However, the amount of compensation you are awarded may be restricted.
Indiana adheres to “modified comparative negligence” rules when apportioning damages in car accident cases. Simply put, damages will be awarded based on each person’s percentage of fault. For example, if you are considered to be 35% to blame for your accident while another driver is 65% responsible, they may be accountable for 65% of your damages while you are left to pay for the remaining 35%.
It is important to note that if your share of fault for an accident exceeds 50%, you cannot bring a claim against another party. The driver who caused your crash may try to shift blame in order to avoid paying for the damages you sustained. Accordingly, help from our legal team can be invaluable when building your claim and proving that another party is at fault.
Get support from our experienced car accident lawyers at Wruck Paupore by dialing (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
© 2024
Terms of Service | Privacy Policy | Resources | Blog | Sitemap
© 2022 Wruck Paupore PC
Terms of Service | Privacy Policy