A car accident can turn your whole world upside down in an instant. One minute you are going about your day, and then suddenly, you’re facing injuries, property damage, financial strain, and emotional distress.
Over 2 million Americans are injured on the road every year. Vanderburgh County, Indiana is home to many of these accidents, which range from minor to catastrophic. Whether you are injured in an accident in rural Vanderburgh County or during rush hour in Evansville, or anywhere else in the region, you may be left with pain, bills, and a new reality.
If you or a loved one were hurt in a crash, a knowledgeable car accident lawyer can fight to protect your rights. At Yosha Law Firm, our car accident attorneys operate with compassion and skill. We can help you pursue fair compensation for damages as you navigate the lengthy legal process.
Having guided countless clients through the legal process, our team understands the hardship you’re enduring. We know the questions swirling through your mind about recovering from your injuries, lost wages, ongoing rehabilitation, vehicle replacements, and more.
You need someone in your corner so you can focus on healing. Let Yosha Law Firm’s attorneys demand justice while you work toward living your best life. This is a heavy burden to bear alone–don’t try to carry it by yourself.
Indiana’s Car Accident Laws
Car accident laws are complicated, and they can be difficult to understand as a layperson. That’s one of the most important reasons to hire an attorney – your lawyer will help you understand every law that applies to your specific accident.
To help you understand what you can expect from the Indiana legal system after your accident, here are some of the most common questions we hear from clients – and the answers.
Is Indiana an “at fault” state?
Yes, Indiana is a fault state. When an accident occurs, the at-fault party is responsible for damages suffered by anyone who was not at fault.
What if more than one person was at fault?
More than one party can be responsible for an accident, which is why Indiana follows a comparative negligence statute.
Comparative negligence means that responsibility can be split between multiple parties. Anyone who was less than 50% responsible for an accident can sue for damages from someone who was more than 51% or more responsible.
If you were partially responsible for the accident, your compensation may be reduced by the percentage of your responsibility. For example, if you were 15% responsible, your compensation award may be reduced by 15% before you receive a payout.
What is the statute of limitations for filing a lawsuit in Indiana?
Personal injury lawsuits can be filed in Indiana for up to two years after the accident.
Although the statute of limitations technically gives you two years to file, it is always better to start the process as soon as you can. It takes a long time to go through the legal process, which can include:
- Gathering evidence
- Filing a claim with the insurance company
- Negotiating with the insurance company
- Filing a lawsuit
- Preparing the case for court
- Additional negotiation to settle out of court
- Court proceedings
We recommend reaching out to an attorney as soon as you are physically well enough to do so. There is no such thing as getting too early of a start!
Seeking Compensation After a Car Accident in Evansville
For many car accident victims, the challenges of recovering physically are made even more difficult because of the economic stresses of recovery.
Getting compensation is important because you deserve to be able to focus on healing instead of worrying about where you’re going to get the money to pay for your medical bills and other expenses. Additionally, non-economic losses take a toll, too.
When your injuries were caused by someone else’s careless or negligent actions, you deserve compensation that goes beyond the insurance company’s predictably low offer. To get meaningful compensation, you need to demonstrate that one or more other parties behaved negligently and caused the accident.
How to Prove Negligence
Proving negligence can be complicated. Because every car accident is unique, each one has to be investigated thoroughly to determine who was at fault.
If you are making the argument yourself, without the help of an attorney, it can be difficult to prove to the insurance company or court who was at fault. An experienced car accident attorney, on the other hand, can effectively demonstrate and prove who was responsible.
To prove that another driver was negligent, the following things must be true:
- The other driver had a duty of care to you, meaning they had an obligation to drive safely and responsibly
- Their actions breached the duty of care, meaning they either acted irresponsibly or failed to act in the appropriate manner
- The other driver’s breach of duty caused an accident that injured you
- Your injuries have caused you measurable financial losses
Common Causes of Indiana Car Accidents
Because accidents are often caused by negligent drivers, it is important to know what to look for when investigating your accident. Specifically, you should determine if the other driver was behaving in the following ways while driving, as these behaviors are likely to prove liability after an accident.
Far too many collisions occur in Evansville because of distracted driving. Despite the illegality of handling devices while driving, some disregard the law and text, email, call, or browse away behind the wheel.
But distraction encompasses more than phones. Many things can divert a driver’s focus from the task at hand, including eating, interacting with passengers, adjusting controls, and paying attention to billboards. In 2020 alone, preoccupation contributed to 39 Indiana fatalities and over 3,000 deaths nationally.
Reckless driving & speeding
Blatant disregard for road safety rules puts everyone at risk. Speeding, tailgating, improper passing, ignoring signs, and refusing to yield all constitute reckless driving. Some drivers make the negligent choice to disregard conditions and limitations in favor of risk-taking behaviors.
If the other driver made conscious risky choices behind the wheel, a car accident lawyer can demonstrate how rule-breaking resulted in your injuries and damages.
Driving under the influence
Intoxicated drivers remain both common and deadly on Indiana’s roads, contributing to 106 fatalities in 2020 alone. Driving under the influence of alcohol, drugs, medications, or other inhibiting substances significantly impairs motor skills and reaction capabilities.
Even if a drunk or impaired driver is facing legal charges for breaking the law, you can also file a personal injury lawsuit against them to cover your damages.
Driving while drowsy
Fatigued driving carries devastating risks few consider, with drowsy operators rivaling drunk ones in terms of potential for harm. Sleepy driving causes slow reaction times and compromised attention.
It’s challenging to prove that someone was driving while sleepy, but a good attorney can look at the evidence and determine if that was the case. Should negligence due to sleepiness have played a part in your accident, there is a liability issue.
When to Call an Evansville Car Accident Attorney
It’s always a good idea to seek legal advice after an accident, especially if any of the following statements are true:
- You experienced significant injuries
- You continue to need long-term medical treatment to recover
- Your car was totaled or badly damaged
- You had to miss work because of your injuries/you had to leave your job or career
- Someone was killed in the accident
- The insurance company is not being cooperative or is offering you money to settle the claim quickly
- The insurance company has asked you to sign a release
- You were the victim of a hit-and-run
- There is a dispute over liability
Yosha Law Firm Can Help You After an Accident
Recovering from the trauma of a serious car accident has enough challenges without the stress of medical bills and legal paperwork.
When you focus on healing rather than paperwork and bills, you give yourself the best chance of emerging whole. Life-altering crashes require attorneys who are dedicated to giving victims their lives back.
Yosha Law Firm provides compassionate, expert guidance through the legal process. By leveraging our knowledge and experience, we guide our clients toward justice!
At Yosha, we don’t get paid unless you do
We only work on contingency, which means that our clients don’t pay a single dollar unless we win their case. We don’t believe you should take on more financial costs just to get justice!
Common Types of Compensation After an Accident
These are some of the most common things that we get for our clients when we seek damages:
- Medical bills (current and future)
- Medication costs
- Rehabilitation costs
- Lost wages from missed work
- Lost earning capacity
- Property damage
- Pain and suffering
- Disfigurement and scarring
- Loss of enjoyment of life
- Loss of consortium
- And more
Contact Yosha Law Firm for a Free Case Review
Our Evansville attorneys are ready to talk when you are.
Reach out to us to schedule a free case review. We look forward to meeting with you and learning about you and your case! In your case review, we will learn about your accident and how it has affected your life, and strategize how to alleviate your pain, suffering, and financial stress through a car accident claim.