Indiana
Personal Injury Law Firm

Do You Have To Report a Car Accident to the Indiana BMV?

Indiana law requires you to file a crash report if an accident involves injuries or results in at least $1,000 in property damage. You must also file a report if you can’t locate the owner of damaged property. 

In many situations, a police officer at the scene handles this reporting. However, if law enforcement doesn’t come to the accident site, you must submit a crash report yourself to the Indiana Bureau of Motor Vehicles. You have 10 days from the date of your accident to file the report. 

Keep in mind that while the law may not require you to inform your insurance company, many policies include strict reporting deadlines, so it’s usually a good idea to contact them as well after a crash.

Why a Report Helps Your Personal Injury Claim

A detailed accident report shows exactly what happened and often includes statements from officers or witnesses, which helps boost your credibility. Insurance companies usually want an official record, and you might need it if you wind up in court. Without it, you could have a harder time collecting fair compensation because insurers may question your story or wonder why there isn’t a formal record of the crash.

How Long Do You Have To File a Car Accident Claim in Indiana?

Indiana generally gives you two years from the date of the accident to file a personal injury lawsuit. Missing this window usually means you lose your chance to sue for things like medical bills, lost income or pain and suffering. If you’re ever unsure about your deadline, it’s wise to contact a personal injury law firm or check the specific laws because there can be some exceptions.

What Is a Fair Car Accident Settlement?

A “fair” settlement is the amount that reasonably covers your medical bills, lost wages, vehicle damage and the emotional impact of the crash. But not all settlements are fair. 

A “bad faith” settlement occurs when an insurance company improperly denies your claim, refuses to investigate or stalls unreasonably. When that happens, they might offer you far less than what your claim is worth or pressure you to give up your rights.

If you sense the insurance company is stringing you along or ignoring key evidence, you can push back by documenting every interaction, following up regularly and talking to a personal injury lawyer who can help you figure out if you’re being treated fairly.

What Are the Most Common Types of Car Accident Injuries?

Different crashes cause different injuries, but the ones we see most often include:

• Whiplash and Neck Pain: Caused by the sudden jolt of your head during impact.
• Back and Spinal Injuries: Ranging from herniated discs to serious spinal cord trauma.
• Head and Brain Injuries: Concussions, skull fractures and more severe traumatic brain injuries.
• Broken Bones: Wrists, arms, legs, ribs and even facial bones can fracture on impact.
• Cuts, Bruises and Soft Tissue Injuries: Airbags, shattered glass and seat belts can lead to burns or lacerations.

Following a car accident, it’s important to get medical attention right away. Even if you only have a minor pain, ignoring it can lead to more serious problems later. Waiting too long to seek care can also negatively affect your settlement, as insurance companies may question why you didn’t get treated sooner.

What Happens if You Share Fault in a Car Accident?

Indiana follows a modified comparative fault system. If you’re 50% or less at fault, you can still recover damages, but the amount is reduced by your share of the blame. 

If you’re found to be more than 50% at fault, you typically can’t collect anything. For example, if you’re deemed 20% responsible and your total losses are $10,000, you might only get $8,000 to account for your role in the crash.

What Steps Should You Take If You’re Injured in a Vehicle Accident?

If you’re injured in a car accident, call 911 right away. If you can, move your vehicle to a safe spot, such as the side of the road, so you don’t risk another collision. Once you’re out of immediate danger, wait for help. 

Depending on your symptoms, you may need to go to the emergency room by ambulance or head to an urgent care center. Always be honest about your pain levels or any unusual sensations you notice, even if they seem minor at first.

Keep a record of every medical visit, diagnosis, treatment and prescription. Save all bills and receipts in one place. Follow the doctor’s instructions and go to any follow-up care or physical therapy appointments. Often, injuries like whiplash or internal trauma can take hours or days to appear, so it is a good idea to see a medical professional even if you initially feel all right.

What Are Common Types of Motor Vehicle Accidents?

Accidents can happen in the blink of an eye. Even if you drive responsibly, factors like road conditions, weather or other drivers’ choices can lead to collisions. Here are some of the most common motor vehicle accidents and what often causes them.

Motorcycle Accidents

Motorcycles offer less physical protection, so riders can suffer serious injuries even at lower speeds. These injuries often include broken bones, road rash, head trauma and serious spinal damage. 

One major cause is left-turn collisions, where a car turns left into the motorcycle’s path. Blind spots can also be deadly. Many cars or trucks simply don’t see the rider until it’s too late.

Truck Accidents

Commercial trucks can weigh at least 10,000 pounds. This extreme weight difference means collisions often lead to severe injuries or fatalities for passengers of smaller vehicles. Common causes include driver fatigue and improper loading, where cargo shifts or spills onto the roadway, causing the driver to lose control. 

Poor maintenance also plays a role because worn-out brakes or tires can fail under the stress of long-haul driving. In any collision involving a truck, the driver may not be the only party at fault. The trucking company, maintenance crews or cargo loaders could share responsibility. These multi-party cases can get complex, but a personal injury lawyer can thoroughly investigate the cause of the accident for you.

Rideshare Accidents

Uber, Lyft and other rideshare services have unique insurance setups that can complicate accident claims and make them difficult to handle on your own. That’s because insurance coverage depends on what “stage” the driver was in when the crash happened:

• Driver Offline: If the app is off, the driver’s personal insurance typically applies.
• Driver Logged In but No Passenger: The rideshare company may provide secondary coverage, but the driver’s personal policy may still be the primary.
• Driver With Passenger On Board: The rideshare company’s commercial policy typically covers injuries and damages. 

Because different insurance policies come into play, it’s important to figure out exactly what the driver was doing when the crash happened, which can make or break an injury claim.

Hit-and-Run Accidents

When a driver flees the scene, it can be extremely frustrating and frightening. Calling the police is the first step since they can gather any evidence before it disappears. Camera footage, eyewitness statements and even paint or debris left at the scene might help track down the fleeing driver. If you can’t find the at-fault driver, you may be able to use your uninsured motorist coverage to pay for medical expenses, vehicle repairs and other damages. If that sounds daunting, a personal injury lawyer can help.

An Indiana personal injury law firm can take a close look at the cause of your accident to see if you have a valid car accident injury claim and help you seek compensation. 

According to figures released in 2023 by the Indiana University Public Policy Institute, almost 207,000 vehicle collisions occurred across the Hoosier State’s 92 counties during 2022. More than 46,500 of those vehicle collisions caused injuries.

If another driver’s negligence caused an accident that left you injured, you may be able to obtain compensation for your recovery costs and lost wages. A car accident lawyer can explain your rights and compensation options.

How Could an Indiana Car Accident Lawyer Help Obtain Compensation?

A car accident law firm for Indiana could show how another driver’s actions caused your injuries. The at-fault driver may become liable for any harm that you suffered as a result of the accident.

The next step that your attorney takes will most likely be to negotiate a settlement amount with the at-fault driver’s insurance company. If, however, the negotiations do not produce a settlement that is appropriate to the amount of harm you suffered, a well-prepared attorney will take your case to court.

Proving the at-fault driver’s degree of negligence

Proving the degree of negligence on the part of the driver who caused you harm is an important step in obtaining compensation. Because the Hoosier State follows the modified comparative fault system, a car accident lawyer must also show that you did not contribute to causing the accident by any degree greater than 50%. If, for example, your actions or lack of action contributed to the accident by 60%, you won’t be able to obtain compensation from the other driver.

The comparative fault system will also reduce your compensation by the degree of your contribution if it falls below 50%. If the at-fault driver’s degree of responsibility is 100%, however, you may receive the full amount of compensation your injuries deserve.

What Types of Driver Actions Could Prove Negligence?

Indiana’s laws require motorists to drive safely and not allow themselves to become distracted by texting or hand-held cellphones. A failure to do so could prove a driver’s negligence if an accident results. In many cases, cellphone records could help determine if a distracted driver caused an accident. Auto accident lawyers for Indiana may also prove negligence through a police report or citations issued by law enforcement at the scene of an accident.

Overall, driver-related factors represent a primary cause of vehicle collisions. The research conducted by Indiana’s Public Policy Institute showed that unsafe driver actions caused more than half of the state’s vehicle collisions and roadway fatalities in 2022. Based on an estimate from the nonprofit research group Tripnet.org, vehicle accidents that same year caused Indiana to suffer societal harm totaling more than $45 billion in economic and quality-of-life costs.

In addition to distracted driving, some of the unsafe actions that caused Indiana’s vehicle accidents in 2022 included speeding, failing to yield and following too closely. The number of vehicle collisions caused by speeding reached an average of 197 across Indiana’s 92 counties in 2022.

The greatest number of speed-related crashes occurred in LaGrange, Huntington, and Tippecanoe counties. In terms of overall collision types and causes, Marion County and its Indianapolis metro area are where the majority of serious collisions occur. Vehicle accidents in Marion County involved more than 65,500 individuals in 2022. Collisions across the entire state involved close to 364,000 individuals that year.

What Other Factors Could Help Prove a Driver’s Negligence?

A car accident lawyer may use a blood alcohol content report to effectively show that an impaired driver caused your injuries. Although Indiana’s Public Policy Institute reported that alcohol impairment only played a role in 2% of the collisions reviewed, alcohol impairment also accounted for 8% of the statewide collisions that caused fatalities. The 2022 study noted an average of 36 alcohol-related collisions per-county. Wayne County showed the highest ratio of alcohol-related collisions relative to its county-wide number of licensed drivers. In order to classify as an alcohol-related collision, the driver must show a BAC level of 0.08% or greater.

Unsafe road conditions may also reflect negligence

In some cases, the negligent party may not be another driver. Local government entities are responsible for maintaining safe roadways. If they fail to do so, an investigation conducted by our car accident lawyers for Indiana may show that a government agency failed to properly maintain a stretch of road that caused you to lose control of your vehicle. Hazardous potholes, pavement cracks or missing roadway signs could point to negligence and its associated liability for any harm caused to motorists.

Could a Non-Motorist Negligent Party Face Liability for a Work Zone Vehicle Collision?

In some cases, vehicle crashes that occur in roadway work zones could involve more than one negligent party. Roadway and construction crews must set up easily seen warning signs, flashing lights or traffic cones that provide drivers with an adequate amount of time to adjust their speed. Issues such as increased traffic and lessened visibility during rush hours also require consideration. When roadway work crews neglect or overlook motorists’ safety issues they could incur liability for any harm caused. If a road crew unknowingly used defective maintenance or construction equipment that led to a vehicle crash, an investigation may render the equipment manufacturer liable.

The Indiana Department of Transportation reported that more than 1,400 injuries resulted from vehicle crashes that occurred in work zones during 2022. Overall, 6,347 work zone collisions occurred statewide that year with Boone, Tipton and Hancock counties showing the highest numbers. Drivers rather than road crew workers tend to suffer harm in work zone crashes. The crashes often occur when a vehicle enters or leaves the work zone. A car accident lawyer for Indiana will most likely include a thorough accident site review to determine the role played by a worksite crew or its equipment in a vehicle collision.

When and Where Do Most Vehicle Collisions Occur?

Indiana’s Public Policy Institute review of vehicle collisions showed that the highest number of monthly crashes occurred during October, November, and December. Overall, daytime crashes took place in greater numbers than nighttime collisions by a ratio of about 2 to 1. Most of the collisions occurred during the weekday hours just before and during the end-of-day rush hour traffic periods.

The greatest percentage of vehicle collisions occurred in urban areas, followed by the Hoosier State’s suburban, rural and exurban areas. A larger proportion of the collisions causing fatalities, however, occurred in non-urban areas.

Some of the factors that could influence the number, types and outcomes of collisions that occur within a given location include:

• Population size
• Number of licensed drivers
• Social and behavioral norms
• The number of miles traveled

One of the reasons a greater number of Indiana’s car accidents tend to increase during the months of October, November, and December is that those months make up the deer breeding season. The number of vehicle collisions can increase by the thousands as deer become more active and wander across their habitats in search of breeding partners.

Drivers should remain highly focused during deer season and turn on their high beams when no other vehicles are on the road. The deer are most active during the hours of dawn and dusk, which is when drivers should exercise the greatest degree of care, especially in rural areas. Drivers who fail to exercise the required degree of caution during deer season could become liable for harm caused to their passengers during a deer collision.

What Types of Compensation Could an Injured Driver or Passenger Obtain After a Vehicle Collision?

A car accident lawyer could help you obtain compensation for the costs of any medical attention related to your injuries. If your injuries also caused you to lose income by taking time off from work to recover, you may also obtain compensation to cover your lost wages. If a car accident caused by another party’s negligence left you disabled or unable to resume your previous career path, you may be able to receive compensation relative to the loss of your future earning potential.

In many cases, a serious vehicle accident could also cause lingering emotional anxiety or a reduced quality of life, which may also become part of your settlement. It’s not uncommon for the issue of pain and suffering to become part of a car accident settlement involving serious injuries.

The Hoosier State experienced 964 fatal car crashes in 2022, which indicates that the number of vehicle-related deaths has increased at a steady rate since 2019. Vehicle collisions that cause fatalities can be devastating for surviving family members regardless of how or where they occur. A car accident lawyer may help family members move forward through their grief by recovering compensation for the loss of a loved one’s companionship and support.

Here Are The Type Of Lawyers You Can Expect From Big Auto

Choosing the Right Car Accident Legal Team

If another party’s negligence caused you to become injured in a vehicle collision, the legal team you choose could make a considerable difference. Experience, investigative resources and negotiation skills can become vital factors when going up against powerful insurance companies focused on limiting their settlement costs.

Don’t take chances. We are not based in Indiana, but we can help you. Contact us now to team up with a knowledgeable and seasoned car accident lawyer who you can trust. There’s never any fee unless we win your case.