Rear-End Collision Lawyer in Indianapolis

When you’re driving in Indianapolis, Indiana, a rear-end accident might be the last thing you expect. Unfortunately, getting rear-ended can happen in heavy or light traffic, clear or inclement weather, and smooth or poor road conditions. 

In the aftermath of a rear-end collision, you may find yourself suffering from significant injuries and unexpected costs. You might wonder if you can find justice for the trauma you’ve endured and where you can turn for guidance.

A rear-end collision lawyer in Indianapolis can help you to determine the merits of your legal claim, guide you through the complexities of the legal process, and fight for justice on your behalf. You don’t have to walk this path alone. Contact Yosha Law for a free consultation today.

What you need to know about rear-end accidents in Indiana

Rear-end collisions are the most common type of car accident to occur in Indiana, and can often result in personal injury. Even if you’re at a complete stop when you’re rear-ended, you may endure significant pain and suffering.

For example, if a speeding driver plows into the back of your stopped vehicle, you could experience whiplash, a concussion, severe brain, neck, and spinal injuries, and more. 

Here are some important facts about car accidents in Indiana:

• Over 206,000 reported collisions occurred in 2022 
• Fatal collisions continue to increase annually
• Most significant crashes occur during the late fall and winter months
• Driver-related factors cause over 81% of all collisions
• Most severe car accidents occur in urban areas like Indianapolis
• Drivers following too closely cause most rear-end collisions
• In 2022, there were over 46,000 rear-end collisions
• Rear-end accidents are most common in road work zones

Steps to take after a rear-end collision

After a rear-end collision in Indianapolis, you may be in shock and in a rush to just get home. However, at Yosha Law, we suggest following these steps to strengthen any future legal claim you may have for compensation.

Pull over to safety

If it’s safe to do so, your vehicle is still operational, and your injuries don’t prohibit your movement, pull over to the road shoulder and ensure you’re out of the way of oncoming traffic. Your safety is vital.  

Call 911 and wait for first responders

Any injuries or significant property damage should be reported to law enforcement, and if you require on-scene medical attention, it’s important to wait for EMTs or an ambulance. 

The first officers on the scene will help you fill out a police report, which is important documentation for your insurance claim and any future personal injury lawsuits you may choose to file. The police report includes contact information of all involved parties, eyewitness statements, the date and time of the accident, and the initial accident assessment of the responding officers. You’ll need a copy of this report for your legal records.

Exchange information

If it’s safe to do so on your own, exchange contact and insurance information with all involved drivers. If emotions are running high, responding law enforcement can obtain this information for you. Ensure that you never admit fault or apologize for the accident as even good faith statements could be used against you later.

Gather evidence 

If you’re able to do so, take photo and video documentation of the scene of your accident. Keep any bloody clothing and receipts of any medical or property repair and replacement costs you incur.

Seek immediate medical attention

Seemingly minor injuries could initially mask more significant injuries such as internal bleeding or a concussion. You’ll also need documentation of diagnosis and any prescribed diagnosis for your rear-end collision case.

Consult a car accident lawyer

Yosha Law offers free initial consultations for car accidents and other personal injury cases that can help you to determine your next best steps. Even before you file your insurance claim, a car accident lawyer in Indianapolis can help you to understand the nuances of the claims process and to negotiate an appropriate settlement offer.

If you cannot come to terms with the insurers of the at fault parties, Yosha Law will fight on your behalf through the personal injury lawsuit process.

File an insurance claim

When you file an insurance claim, you’ll be assigned a claims agent and case number to help you through the process. However, it’s important to remember that insurance giants have a fleet of lawyers working on their behalf, and are often reluctant to offer just compensation. 

Avoid discussing your accident on social media

When you’ve endured a scary rear-end collision, you may be tempted to vent about the experience on social media. However, even if you delete your posts, your Internet activity lasts forever. Anything you post about your case can be obtained and used against you.

 

What to expect when you file a personal injury claim

After you’ve filed an insurance claim, if the insurance company lowballs a settlement offer or outright denies your claim, your Indianapolis rear-end collision lawyer might advise you to file a personal injury lawsuit.

It’s vital to remember that once you’ve accepted a settlement offer, you might not legally have a valid claim to further compensation. An attorney with Yosha Law can help you to calculate future accident-related costs that you should include in your claim.

If you then choose to file a personal injury lawsuit, here’s what you can expect:

• Named defendants will have 30 days to respond to your claim
• Your rear-end collision lawyer will gather evidence and documentation of the damages you’ve incurred
• Your lawyer may obtain the testimony of forensic experts and eyewitnesses to strengthen your claim
• Your lawyer will enter into negotiations on your behalf
• Although the majority of personal injury claims are settled before they reach the courts, if you fail to come to a settlement agreement, your case will go to trial
• A rear-end collision lawyer in Indianapolis will fight for your justice in court
• A judge or jury will reach a verdict and determine the compensatory award (if any) that you should receive 

Compensatory damages in an Indianapolis rear-end accident

In a personal injury claim, damages refer to both the measurable and immeasurable losses you’ve suffered as a result of your accident. By seeking compensation through economic, non-economic, and punitive damages, it’s easier to legally determine what monetary amount you’re owed.

We can’t guarantee a successful outcome in your personal injury case. However, Yosha Law has been battling against insurance companies and fighting for the underdog for over 60 years. Our satisfied clients often refer other clients to our firm, our lawyers have a 98% success rate in beating an insurer’s final offer, and we’ve recovered hundreds of millions of dollars for accident victims.

Yosha Law has even helped to enact Indiana laws to protect people on our roads.

Here’s a look at the definitions and examples of each category of damages.

Economic Damages

Economic damages (also known as special damages) help to cover the set monetary losses you’ve incurred. If you receive economic damages, this compensation can make up for your accident-related costs and unexpected expenses. 

Examples of economic damages include:

• Lost Wages:

If you have to miss work time, or have to quit your job as a result of your collision, this is considered lost wages. Lost wages can include bonuses and tips.

• Medical Expenses:

Any medical bills related to doctor’s appointments, hospital stays, prescriptions, surgeries, treatments, and more may be covered as economic damages.

• Assisted Living Costs:

If your accident has left you with grievous or catastrophic injuries that require 24/7 care or assistance, associated costs may be covered under economic damages.

• Property Repair and Replacement Costs:

Any vehicle or other property repairs or replacements are considered economic damages.

• Transportation Costs:

If you have to use rideshares, rental cars, or public transportation as a result of your rear-end collision, these costs may be covered as economic damages.

Non-Economic Damages

Non-economic damages (also referred to as general damages) are legal recognition of the immeasurable losses you’ve suffered as a result of your accident. Non-economic damages do not have a set monetary value. Although nothing can make up for life-long pain and suffering, these damages can help alleviate your financial burdens.

Examples of non-economic damages include:

• Catastrophic Injury
• Disfigurement
• Emotional Trauma
• Loss of Enjoyment
• Loss of Limb
• Mental Anguish
• Paralysis
• Traumatic Brain Injury (TBI)

Punitive Damages

Although your rear-end collision lawyer may suggest seeking punitive damages, more often these damages are meted out by a judge or jury who determine that a defendant has exhibited gross negligence in your accident.

For example, if you’re stopped at a red light, and a speeding, intoxicated driver rear-ends you, this may result in punitive damages.

In Indiana, 75% of awarded punitive damages are automatically allocated to the Indiana Violent Crimes Victim Compensation Fund and the plaintiff receives the remaining 25%. 

Who can be held liable in a rear-end collision?

If a rear-end collision occurs in heavy traffic, chances are there may be multiple liable parties. Examples of parties who could be held liable in your rear-end accident include:

• The driver who hit you.
• Construction company responsible for an unsafe road work zone.
• A parent or legal guardian of a minor who caused your accident.
• The employer of a commercial driver who caused your collision.
• If your vehicle is one of several hit in a rear-end accident, the driver who caused the onset of the multiple vehicle accident may be liable.
• Vehicle manufacturer if a faulty part caused the accident.
• Under Indiana’s Dram Shop Act, a bar or restaurant that served an intoxicated driver might be held liable.
• If a driver of a rental car rear-ends you, the rental car company may hold liability.

How Yosha Law can help 

After a car accident, the right Indianapolis rear-end collision lawyer can make a huge difference in the trajectory of your case. When you hire Yosha Law, you become far more than just another case number — we consider you an extended part of our family.

We’ll explore the merits of your case, gather critical evidence, obtain forensic expert and eyewitness testimony, conduct exhaustive research, and advocate for your rights so that we can prepare the strongest case possible and fight for your just compensation.

We will also:

• Offer you a free case evaluation with no obligation to retain our services.

• Negotiate on your behalf and represent you in all meetings: We understand how to go toe-to-toe with the insurance industry and will not accept any settlement that is less than you deserve.

• Determine the damages you should seek by calculating your current and future expenses and losses.

We’ve successfully battled against insurance giants including Farmers, Geico, Progressive, and many more. Let us fight on your behalf so that you can focus on your recovery.

Indiana laws that can impact your claim

The following state laws could influence the progress and outcome of your personal injury claim:

Statute of Limitations

Indiana state code § 34-11-2-4  provides a statute of limitations on all personal injury claims. This means that you must file your claim within two years of the date of your rear-end collision. 

The law protects defendants from extremely old or frivolous claims, and also allows plaintiffs ample time to file a lawsuit. If you fail to file your claim within this time frame, you may no longer have legal recourse to compensation. 

However, exceptions to the statute may occur if a claimant was under the age of 18 or mentally incapacitated at the time of their accident.  

Modified Comparative Fault

The Indiana modified comparative fault law, § 34-51-2-5, could also impact your claim. This law mandates that if both a defendant and plaintiff are liable for their accident, it could impact any compensatory award.

For example, if it’s determined that you are over 50% at fault for your rear-end collision, you no longer have a valid claim for compensation. If your liability falls between 0% and 50%, the amount of the compensation you can seek will be reduced.

Indianapolis Rear-End Collision Lawyer FAQs 

What are some common causes of a rear-end collision?

Although rear-end collisions in Indianapolis can occur for many reasons, here are some of the most common causes:

• Broken taillights
• Following too closely/ tailgating
• Failure to signal before turning
• A driver slamming on brakes without warning
• Failure to yield when merging

What will a rear-end collision lawyer cost me?

At Yosha Law, we take your case on a contingency basis — this means that you only pay if we achieve a successful outcome in your case.

Should I hire a personal injury lawyer I see on TV?

Although there are exceptions to this rule, you should typically avoid hiring a lawyer whose television commercial airs at all hours. These lawyers are often “ambulance chasers” who take cases based solely on quantity and not on individual care for every client.

Yosha Law doesn’t waste money on massive marketing campaigns — we let our results and successful track record speak for us. Our clients’ unique stories and the trauma they’ve endured matter to us, and we get to know every client (and their families) on a personal level.

Connect with Yosha Law for your free consultation today, and let us fight for your justice.