How to protect your rights after a drunk driving accident in Indianapolis

Indianapolis, IN – Drunk driving is a growing problem in the state of Indiana. In 2019, for instance, 233 people were killed and thousands were injured in crashes that were at least partially caused by alcohol consumption. Statistics show that two-thirds of all ‘operating while intoxicated’ (OWI) accidents in the state occur in large urban areas, such as Indianapolis. A drunk driver may face criminal charges if they cause an accident, but what about the victims and the damages they are entitled to? If you were recently injured or you lost someone in such a crash, you’d better contact experienced Indianapolis OWI accident lawyers right away. The fact that the other driver was impaired by drugs or alcohol consumption will be an important factor in your personal injury claim, but it’s not the only thing an insurance adjuster or a jury will take into account.

How to prove negligence in a drunk driving accident in Indianapolis

The moment you get out of your car after an accident and notice the other driver appears to be drunk, you must call the police immediately. Even if you think you’re not seriously injured, you don’t know that for certain. If the bump to your head turns out to be a concussion or you develop whiplash, you may end up with significant medical expenses and you’ll want to be compensated.

It’s best if you don’t confront an intoxicated driver, let the police handle them. Get the name of the officer and write down the department they work for, so you can easily retrieve the police report and the result of the breathalyzer test. You will need them when you file your claim.

The fact that the other driver was under the influence of alcohol and/or illegal substances already constitutes negligence and reckless behavior, which is the basis of a personal injury claim.

However, you will still need to show that the other driver caused the accident in which you were injured. To put it simply, you need to be able to show what they did, like swerving into your lane abruptly, driving the wrong way, ignoring a red light, etc.

The comparative negligence blame game

Indiana uses a modified comparative negligence rule, which allows drivers to recover damages even if they were partially responsible for the crash. However, their damages will be reduced by their percentage of blame, as determined by an insurance adjuster or a jury. 

If you did something wrong, like being a few miles over the speed limit, you must get help from seasoned Indianapolis accident lawyers. 

The other driver will try to shift the blame on you and insurance adjusters simply love the blame game as it allows them to reduce damages and save some money. If you sustain severe injuries and your damages are estimated at over $100,000 they may be able to save a lot of money if they decide you were, say, 30% to blame for the crash. Also, if your percentage of blame is determined to be 50% or more, you will be barred from recovering damages, even if the other driver had a high blood alcohol content (BAC). They may lose their license or even go to jail for the OWI charge but you won’t get damages.

Attorneys near me

If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find attorneys near me?” Don’t worry, help is just a few clicks away. Just follow the link and select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer.