Injured by a Drunk Driver in Indiana: What You Need to Know About Your Legal Options

By  //  April 24, 2023

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Every year in Indiana, drunk driving poses a serious danger to people on the roads. The consequences of drunk driving can be devastating and long-lasting for both victims and their families. Unfortunately, far too many innocent lives are lost or injured due to these avoidable accidents. 

For those who a drunk driver injures, the question of fault is integral to seeking justice and compensation. While some assume that drunk drivers are always at fault, this may not always be the case. As such, it’s important to understand the law surrounding drunk driving accidents and how they can affect an injury claim.

Indiana’s Drunk Driving Laws

Driving while under the influence of alcohol is a serious offense that carries significant repercussions. The legal limit for non-commercial drivers age 21+ is 0.08 percent, with commercial drivers facing an even stricter limit of 0.04 percent.

Those under 21 years old are not allowed to have any measurable amount of alcohol in their system while driving, with a legal limit of 0.02 percent. Anyone who drives with a blood alcohol content (BAC) of .08 or higher and causes serious bodily injury to another can be charged with DUI and face up to three years in prison and/or a fine of up to $10,000. 

In Indiana, personal injury claims resulting from a car accident are subject to the 51% modified comparative negligence rule. This means that an individual must be found to be 50 percent or less at fault in order for them to receive compensation. 

This can complicate matters if a drunk driver is involved in the accident, as drunkenness itself cannot assign full liability. However, plaintiffs still have options to pursue damages by building a strong case based on the elements of negligence. 

How Can a Car Accident Attorney Help?

In the aftermath of such a crash, victims are often left with costly medical bills and, rehabilitation expenses, lost wages due to missing work. At the same time, they recuperate and vehicle repair costs. Injury claims may need to be pursued when insurance companies are unwilling or unable to cover these costs. 

Doing so is no simple task but is made easier when victims have access to experienced car accident lawyers who are knowledgeable in dealing with insurance companies and other parties involved in the case. These professionals understand the law and will fight for their client’s rights to ensure that they get the compensation they deserve for their losses due to another person’s negligence. Talk to a car accident lawyer in Gary for more information and assistance with your car accident claim. 

Filing a Car Accident Claim in Indiana

In addition to calling the police, it is important that you remain at the scene of the accident until they arrive. You should be prepared to provide information such as your name, contact information, and a detailed description of what happened. 

Gathering evidence of intoxication in this early stage can make all the difference in determining fault during an auto accident case. A driver who causes a drunk driving or drugged driving accident has breached this duty of care and can be held liable for damages resulting from the negligent conduct. 

To make a successful claim against someone for negligent behavior on their part, one must provide evidence that links this person’s actions directly to their injury. Evidence could include witness testimonies and/or medical records from doctors and hospitals which can show how exactly one’s injuries came about due to another’s negligence.

An experienced auto accident attorney can help you take legal steps to pursue maximum compensation for any injuries, medical bills, lost wages, pain and suffering, and other damages you’ve been forced to endure. 

To Sum Things Up

The answer to whether a drunk driver is always at fault depends on the specific circumstances of each crash. Generally, however, if a driver has been found to be impaired due to alcohol or drugs and causes an accident resulting in injury or damage, there is a strong likelihood that the intoxicated driver will be deemed liable and responsible for any losses suffered by the other person involved. 

The bottom line is that it’s important to contact an experienced Indiana personal injury lawyer who can help you understand your legal rights and how to pursue compensation for damages caused by a drunk driver.