Auto collisions are frequent occurrences in towns and cities, both big and small. All drivers are required to have auto insurance to help cover the costs of accidents, but insurance does not always provide the safety net we need. If you were hurt in a car crash and need help recovering various damages, you should get help from a lawyer right away.
Car accidents can happen anywhere, but they tend to be especially dangerous on major roads and highways where traffic is heavier, and speed limits are higher. Speeding drivers, distractions behind the wheel, and ordinary traffic violations like failing to signal a turn or ignoring traffic signs are common factors in car accident cases. Your case might involve one other driver or several, depending on the circumstances, and they might be trying to pin the blame on you. Your attorney can help you prove exactly who is responsible for the crash and get your damages covered so you can get back to your life.
Call our car accident lawyers at Wruck Paupore at (219) 322-1166 to obtain a free private case review.
Part of what makes car accident cases so challenging is that accidents might stem from any number of factors or circumstances. Even so, certain factors are somewhat common and crop up more often than others in these kinds of cases. Not only do we have to think about how an accident occurred, but we should also consider the location of the crash.
Car accidents can happen almost anywhere, but they can be especially dangerous on major roads and highways, where speed limits are usually higher and traffic is often more hectic. Major highways like I-70 and Route 40 are accident hotspots in the Plainfield area. Similarly, highways surrounding the Indiana International Airport tend to be very busy, and you are likely to encounter drivers running late or otherwise in a hurry to get to the airport. Also, Quaker Blvd. connects Route 40 and I-70, and the intersections between these highways tend to be complicated, and confused drivers might cause accidents.
Speeding is one of the most common factors in car accident cases. Drivers often lose control of their cars because they are going too fast. These risks are even worse when the road is wet or damaged. Even if speed is not the direct cause of an accident, it can make an accident and a driver’s injuries much worse.
Another common factor our car accident lawyers have seen is inattentive or distracted driving. Now that cell phones and GPS devices are commonplace, drivers are more distracted behind the wheel than ever. Maybe the other driver answered a quick text before crashing into you. It only takes a second of lost focus for an accident to happen.
Most of us have likely committed an ordinary traffic violation at some point. Whether we ran a red light, ignored a sign, or failed to signal a turn, these kinds of violations are a regular occurrence. While these violations might seem harmless, they can cause severe crashes. Talk to your attorney about whether you saw the other driver commit any traffic violation before the collision.
Proving that another driver is responsible for your crash is far easier said than done. First, not every accident involves only one other driver. If your accident involves multiple drivers, we might have to comb through the details before determining who should be liable. Second, other drivers might deny responsibility and accuse you of causing the accident.
If only one other driver is involved in the accident, they are likely the ones responsible for your accident. However, it might be difficult to identify them if they fled the scene, and we might have to wait for a police investigation before taking legal action. When multiple drivers are involved, one or more drivers might be held liable. There might also be other victims who file their own claims, and the entire situation may become a lot more complex. An experienced lawyer can assist you.
If another driver or drivers accuse you of doing something to cause the collision, we might have to refute claims of contributory negligence. According to I.C. § 34-51-2-5, if a plaintiff is found to have somehow contributed to the crash, their damages may be reduced in proportion to their fault. For example, if you are deemed by the court to be 15% responsible for the crash, your overall damages award may be reduced by 15%.
Under § 34-51-2-6, a plaintiff may be barred from recovering any damages if their share of the blame is more than that of the defendant or defendants. The fact that a plaintiff was not wearing a seat belt at the time of the collision may not be used to establish contributory negligence and reduce damages, according to § 9-19-10-7(b). If you forgot to put on your seatbelt, this detail should not be used to prove contributory negligence.
While you should take the time you need to get medical attention and think about your legal options, taking too much time is not a good idea. Plaintiffs have a limited amount of time to get their claim into court. Otherwise, they may lose their right to bring the cause of action.
The statute of limitation for personal injury cases, which includes car accident claims, is under I.C. § 34-11-2-4(a)(1) and provides you two years to file your case. This limitation period starts on the day of the accident, and the clock might already be counting down. It is best to reach out to an attorney as soon as possible to maximize your time to prepare your case.
Call our car accident lawyers at Wruck Paupore at (219) 322-1166 to obtain a free private case review.
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.
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