When you’re involved in a car accident that wasn’t your fault, it can cause undeserved pain and suffering. The trauma of getting hit by a drunk driver can exponentially increase your feelings of injustice and the personal injury you’ve incurred.
You have rights if you’ve been hit by a drunk driver in Indiana, but you might wonder how you can fight for the justice you deserve. You don’t need a lawyer to file an insurance claim or a personal injury lawsuit in a drunk driving case, but it may prove challenging to build a solid case on your own.
A personal injury lawyer can help you understand your rights if you’ve been hit by a drunk driver in Indiana, navigate the complex legal process, advise you on the strength of your case, and fight for the just compensation you deserve.
- How someone is charged in an Indiana DUI case
- Indiana drunk driving laws
- What to do if you’ve been hit by a drunk driver
- What are Indiana’s comparative negligence laws?
- How to file a lawsuit against a drunk driver in Indiana
- Compensatory damages you might seek after being hit by a drunk driver
How someone is charged in an Indiana DUI case
If you’re hit by a drunk driver in Indiana, law enforcement is called, and there’s valid proof that the driver was operating a vehicle under the influence, that driver will be subject to field sobriety tests and a breathalyzer.
The police officers who respond to your 911 call might find cause to arrest the at-fault driver, and depending on the severity of the personal injury you suffer, that driver may be charged with multiple offenses.
A driver doesn’t have to appear extremely intoxicated to be found impaired — an impaired driver may be subject to your legal personal injury claim.
Indiana drunk driving laws
Indiana state laws on drunk driving could help to prove liability and gross negligence in your personal injury case. Here are some of the DUI and intoxicated driver laws you should be aware of:
- IC 35-48-1-9 defines operating a vehicle while intoxicated as a Class C infraction.
- A person who has a clean driving record and at least five years without a DUI or DWI charge, and intentionally operates a vehicle under the influence will be charged with a Class B misdemeanor.
- Under Indiana’s Implied consent law IC 9-30-6-1, if a driver suspected of driving while intoxicated refuses a breathalyzer, they will automatically receive a one-year suspension of their driver’s license, and are subject to fines up to $5,000.
If the defendant in your drunk driving lawsuit faces the consequences of violating any of the above laws, it may be easier to prove that their intoxication was responsible for your accident.
What to do if you’ve been hit by a drunk driver
After you’ve been hit by a drunk driver, it’s a good idea to follow a checklist of the steps listed below to ensure you can protect the validity of your legal claim to compensation. You may find yourself facing life-long consequences as a result of a drunk driver’s poor choices, and you deserve justice for the trauma you’ve endured.
Here are some steps you should take after being hit by a drunk driver.
Pull over and call 911
If you’re physically able to pull your vehicle to the shoulder of the road and it’s safe to do so, clear the road for oncoming traffic immediately. If you’re a pedestrian and are hit by a drunk driver, if you’re able to walk, find a safe space on the side of the road to wait for first responders. Exchange contact and insurance information with the drunk driver.
Call 911 and wait for first responders. Law enforcement officers can test the at fault driver, and take appropriate steps if they’re under the influence of alcohol or drugs. You can file a police report in Indiana at the scene of your accident, or you can file it online. The police report will include important details that you can use in your future legal claim.
Collect evidence
If you’re able to do so, take extensive photos and video of your accident to serve as evidence in your personal injury case. This might include the condition of your vehicle and the drunk driver’s vehicle, signs of injury, street lighting, skid marks, traffic signals, and more.
Seek medical attention
Even if your injuries initially seem minor, it’s important to seek medical attention as soon as possible. Some severe injuries, including internal bleeding or organ injuries, can show up days after your accident and present significant risk.
Moving forward with any personal injury claim will require medical documentation of your treatment, diagnosis, any prescriptions, and billing/cost information.
File an insurance claim
Contact both your insurance company and the drunk driver’s insurer to begin your claims process. You’ll receive a case file number which you can refer to throughout the claims process, and will be assigned a claims agent who you can contact directly.
Large insurance companies may be reluctant to offer you a just settlement, but if you choose to later file a personal injury lawsuit, proof of this process will be important to the foundation of your case. Remember that you have rights in this process — you don’t have to accept a swift or lowballed settlement offer.
Contact a personal injury lawyer
An Indiana personal injury lawyer can advise you on the validity of an insurance settlement offer, and help you to make an informed decision about your legal options and how to proceed.
The right attorney can help you navigate the legal process, explore the merits of your case, gather evidence, advise you on the amount of compensation you should seek, and support you in every step should you choose to proceed with a lawsuit.
What are Indiana’s comparative negligence laws?
In Indiana, even if a drunk driver hits you and is arrested on criminal charges, they may not hold 100% fault in your accident. For example, if you were hit while speeding, recklessly driving, or failed to yield while merging onto a highway, you may hold partial, or modified comparative negligence.
Indiana is one of many states that have comparative negligence (also known as comparative fault) laws in place. This means that if you are found to hold over 50% of fault after you get hit by a drunk driver, you will not be able to pursue a valid legal claim for damages.
If you’re found to hold over 0% liability, but less than 50%, this may impact the amount of damages you can seek in your personal injury case. An Indiana personal injury lawyer may be better equipped to prove negligence in your case than if you were to file a lawsuit on your own.
How to file a lawsuit against a drunk driver in Indiana
If you suffered injuries as a result of getting hit by a drunk driver, or if your property incurred damage, you may have a credible avenue to pursue a lawsuit and receive compensatory damages.
Evidence of gross negligence, such as proof that the at-fault driver was under the influence of alcohol or drugs, can help to lay a strong foundation for your case.
Compensatory damages you might seek after being hit by a drunk driver
The compensation categories in a personal injury lawsuit are known as damages, and fall under three categories: Economic, non-economic, and punitive. Here are some examples that can serve as a guide as you weigh your legal options.
Economic damages in Indiana
Economic damages (also known as special damages) are the quantifiable losses you may incur as a result of getting hit by a drunk driver. Your rights to these damages depend on the documentation you have to verify them, and may be determined through negotiation meetings with an insurance company, or, by a judge or jury.
Economic damages can include:
- Lost wages:
In Indiana, if the injuries you suffer after you’re hit by a drunk driver cause you to take unpaid time off of work, you may claim lost wages. This can include bonuses, paid time off, and tips.
- Medical expenses:
Any medical costs you’ve incurred as the result of your accident, including appointments, emergency room visits, hospital stays, prescriptions, surgeries, and other treatment.
- Property repair or replacement:
If a drunk driver causes damage to your vehicle or other personal property, repairs and replacement costs may qualify as economic damages,
Non-economic damages
Non-economic damages (also known as general damages) include the non-quantifiable losses you suffer. For example, a monetary settlement can’t make up for your losses, but if a loved one’s wrongful death occurs as the result of the drunk driver who hit you, you might claim this as a non-economic damage.
Here are some other examples of non-economic damages:
- Emotional trauma
- Loss of enjoyment
- Pain and suffering
Punitive damages
Although punitive damages are rare, they’re more common in drunk driving cases than in many other personal injury claims. Often handed down by a judge or jury as punishment, 25 % of punitive damages are awarded to a plaintiff, and 75% is allocated to the Indiana Violent Crimes Victim Compensation Fund.
If the drunk driver in your case is found guilty of a crime, you may be entitled to restitution through this victim’s fund.
After you’ve been hit by a drunk driver in Indiana, your rights are paramount to finding justice for the trauma you’ve endured. At Yosha Law, we understand how hard and overwhelming your accident can prove, and our personal injury attorneys are here to walk beside you and fight for you in court so that you can focus on your recovery.
Contact us for a free case evaluation today.
