Experiencing a car accident in Indianapolis, Indiana, is a deeply distressing event, especially when it involves a drunk driver. The aftermath can leave you feeling overwhelmed and frustrated as you navigate the physical, emotional, and financial repercussions.

If you find yourself in this situation, you may be questioning the need for an experienced Indianapolis drunk driver accident lawyer to help you secure the compensation you deserve.

Imagine driving home from work at Mission 27 Resale and you are t-boned on Southeastern Ave at an intersection by a drunk driver who ran a red light. Or consider this: you’re on your way to visit the Indiana State Museum when a head-on collision with a driver traveling the wrong way on E. Washington Street changes everything.

These scenarios illustrate the devastating impact of impaired driving and highlight the critical importance of knowing your rights and legal options in the wake of such an accident. You have the right to seek justice, and having an experienced drunk driver accident attorney in Indianapolis, Indiana, by your side can make all the difference in your journey toward recovery.

How Often Do Drunk Driver Accidents Occur in Indianapolis, Indiana?

Despite the substantial efforts made by the state of Indiana and the Indiana State Police to combat impaired driving, accidents involving drunk drivers remain alarmingly high in Indianapolis. Initiatives aimed at reducing impaired driving, as detailed in the Annual Report for FY-23, reflect a commitment to public safety, but the reality on the roads tells a different story.

In 2020 alone, the statistics revealed a concerning trend: 124 individuals lost their lives in alcohol-impaired collisions, accounting for 14% of all traffic fatalities in the state. According to the Indiana University Public Policy Institute, drivers represented 72% of those fatalities, with young males aged 21-34 being the most affected demographic.

Notably, approximately 34% of pickup truck drivers and 25% of passenger car drivers involved in fatal collisions tested positive for alcohol. These figures underscore the persistent danger posed by impaired drivers on our roads and highlight the importance of seeking legal support if you find yourself a victim of such negligence.

For immediate legal assistance from an experienced Indianapolis drunk driver accident lawyer contact our law firm today. We offer free case evaluations and are never too busy to speak with you.

Why is Driving While Intoxicated in Indianapolis So Dangerous?

Drunk driving poses a serious threat on Indianapolis roads due to the impairing effects of alcohol on a driver’s abilities. Despite awareness of these risks, some individuals still choose to drive after drinking, believing they can manage the situation. Here are key reasons why drunk driving is perilous:

Impaired Vision: Alcohol consumption can cause blurry vision and hinder eye control. This visual impairment makes it difficult for drivers to see other vehicles and hazards, significantly increasing accident risk.

Diminished Judgment: Intoxicated individuals often misjudge safe distances and fail to recognize dangerous conditions. Impaired judgment can lead to decisions that seem rational under the influence but are unsafe.

Slowed Reaction Time: Alcohol slows brain processing, making it difficult to react promptly to unexpected situations. This delay increases the likelihood of serious accidents, as intoxicated drivers may not respond quickly enough to avoid collisions.

Poor Coordination: Alcohol affects the coordination of hands, eyes, and feet, making vehicle operation exceedingly dangerous. If someone struggles with balance, they should definitely avoid driving.

Increased Risk of Serious Injuries and Fatalities: Driving under the influence significantly raises the likelihood of accidents, often resulting in severe injuries, such as traumatic brain injuries, internal bleeding, or spinal cord damage.

Additionally, certain prescription medications can impair cognitive functions similarly to alcohol, underscoring the need for awareness among all drivers. A study by the National Center for Biotechnology Information highlights the growing concern over the impact of prescription drugs on driving capabilities.

To learn more about the dangers of operating a vehicle while intoxicated, reach out to our experienced Indianapolis drunk driver accident attorneys. We offer free consultations.

What Are Laws For Operating a Vehicle While Intoxicated (OVWI) in Indianapolis?

In Indiana, operating a vehicle while intoxicated (OVWI) is a serious criminal offense that carries significant consequences. Regardless of whether it’s classified as DUI (Driving Under the Influence), DWI (Driving While Intoxicated), or OVWI, the penalties for driving under the influence of alcohol, drugs, or a combination of both are severe.

For a conviction, evidence of impairment must be clearly demonstrated, typically through observations by law enforcement or the results of a blood alcohol content (BAC) test.

Two Main Types of Offenses

Drunk Driving Offense: This occurs when a driver exhibits visible signs of impairment due to alcohol or drugs. Indicators can include erratic driving, slurred speech, an unsteady gait, or poor performance on field sobriety tests. Officers often base charges on their observations or reports from other motorists.

Per Se Offense: This type of charge relies primarily on the results of a BAC test conducted at the time of the incident. A BAC of 0.08% or higher is considered evidence of impairment. A driver may be charged with both offenses if the circumstances warrant it.

Penalties for Driving Drunk

Driving under the influence in Indiana typically results in a Class A misdemeanor charge, punishable by up to one year in jail and fines reaching $5,000. However, if the incident involves serious injury or death, the charge can escalate to a felony.

This can lead to much harsher penalties, including vehicular manslaughter or homicide charges, which can result in prison sentences of up to 20 years.

If you are arrested for operating a vehicle while intoxicated, the consequences are immediate. You will likely be taken into custody, your vehicle will be impounded at your expense, and you may be required to submit to a certified breath test.

Refusing this test results in an automatic one-year suspension of your driver’s license due to Indiana’s Implied Consent Law (IC 9-30-6-1). A positive test result (0.08% or higher) leads to a minimum 30-day license suspension.

Specific Penalties for Convictions

First Offense:

  • Court costs and fees exceeding $300
  • Jail time up to one year
  • Fines up to $5,000
  • License suspension for up to two years or enrollment in a substance abuse program with probationary terms

Second Offense:

  • Minimum five days in jail, up to three years
  • Fines up to $10,000
  • License suspension of at least 180 days

Third Offense:

  • Minimum 10 days in jail, up to three years
  • Fines up to $10,000
  • License suspension from one year to ten years
  • Potential classification as a habitual traffic violator

For more detailed information on Indiana’s impaired driving laws, visit the Indiana Traffic Safety website, and review the specifics of Indiana Code 35-48-1-9 regarding drug offenses.

To learn more about your rights after an accident involving an impaired driver, contact our experienced Indianapolis car accident lawyers today.

What is Indiana’s “Dram Shop Act”?

The Dram Shop Act in Indiana holds alcohol-serving establishments accountable for their actions, allowing individuals to sue those who serve alcohol to minors or visibly intoxicated individuals if they cause harm to others, often through drunk driving incidents.

Enacted in 1986 and amended over the years, this law expands its provisions and scope. The term “dram shop” originates from 18th-century England, where spirits were sold in small quantities called drams.

Unlike many states that limit dram shop laws to commercial establishments, Indiana applies these rules to both commercial and social hosts. Under this statute, anyone—from bartenders to private party hosts—who knowingly serves alcohol to intoxicated individuals can be held legally responsible for any resulting injuries or fatalities.

This means that bars, restaurants, liquor stores, and even hosts at private gatherings must be cautious when serving alcohol. If a guest becomes intoxicated and subsequently causes an accident, the server may face legal repercussions.

Understanding your responsibilities under the Indiana Code section 7.1-5-10-15.5 is crucial for ensuring a safe environment for your guests while protecting yourself from potential legal issues.

Who is Liable in An Accident Involving a Drunk Driver in Indianapolis, Indiana?

When a drunk driver causes an accident, liability often extends beyond just the intoxicated individual, making it crucial for victims to understand the complexities of liability in these cases.

Drunk Driver Liability

In Indiana, establishing liability in a drunk driving accident involves four key elements:

  • Duty of Care: The defendant owed a duty of care to others on the road.
  • Breach of Duty: The defendant breached that duty by driving while intoxicated.
  • Damages: The victim suffered injuries or damages as a result.
  • Causation: The defendant’s actions directly caused those damages.
  • While drunk drivers typically breach their duty of care, they might not be held liable in situations that even a sober driver could not have avoided.

Dram Shop Liability

Certain establishments, like bars and restaurants, can be held liable for accidents caused by drunk drivers. Under Indiana’s Dram Shop Act, venues that serve alcohol to visibly intoxicated individuals may face legal consequences if those individuals later cause an accident. Establishments that can be held liable include:

  • Nightclubs
  • Restaurants
  • Liquor stores
  • Sports stadiums
  • Theaters
  • Convenience stores

However, a bar can defend itself by arguing that the intoxication was not apparent at the time of service, so liability is not guaranteed.

Social Host Liability

Indiana’s Dram Shop Act also applies to social hosts. If a host serves alcohol to a visibly intoxicated guest who later causes an OWI (Operating While Intoxicated) crash, the host may be held liable. Common scenarios include:

  • Graduation parties
  • Tailgating events
  • Office parties
  • Weddings
  • Other social gatherings

For liability to apply, the host must have known that the guest either drove to the event or was likely to drive afterward. Many drunk driving cases in Indiana have led to dram shop lawsuits against social hosts.

Multi-Party Liability

Liability in drunk driving accidents can be complex, as both criminal and civil penalties may apply. Victims might need to pursue compensation from multiple defendants, such as:

  • The drunk driver
  • Employees of establishments that served alcohol to the driver
  • Social hosts
  • The business establishment responsible for serving alcohol
  • Other drivers involved in the accident, if they share partial fault

Victims have the option to sue multiple parties in a single lawsuit, maximizing their chances of receiving full compensation for their injuries and damages.

To learn more about liability, reach out to our experienced Indianapolis drunk driver accident lawyers today. The legal team at SLG Accident Attorneys is never too busy to speak with you.

What Do I Have to Prove in a Drunk Driver Accident in Indianapolis?

Traffic accidents are a leading cause of serious injuries in the United States, and the risk of fatalities significantly rises when drivers are under the influence of drugs or alcohol. For instance, a recent incident in Indiana involved a suspected drunk driving crash, where a 27-year-old driver collided with another vehicle at an intersection near Interstate 465.

Tragically, the driver of the Fiat succumbed to her injuries, while the SUV driver, who was ejected from his vehicle, was arrested for suspected driving while intoxicated and reckless homicide.

In drunk driving accident cases, victims typically do not need to prove the other party’s intoxication to establish negligence. However, demonstrating intoxication can bolster a compensation claim. Key signs to observe when gathering evidence include:

  • Slurred speech
  • Dilated pupils
  • Strong odor of alcohol
  • Difficulty with coordination
  • Stumbling or unsteady movements
  • Lack of alertness

If a victim cannot communicate due to injuries, an experienced Indianapolis drunk driver accident lawyer can help gather evidence, such as sobriety test results and eyewitness accounts, to support the claim. Unlike in criminal cases, victims only need to show that it is “more likely than not” that the other party was impaired.

Collaborating with a skilled legal representative is crucial to navigating the complexities of liability and damages in these situations.

Can I Sue After a Drunk Driver Accident in Indianapolis?

Understanding the difference between civil and criminal liability is crucial for victims of drunk driving accidents. While the criminal justice system aims to punish offenders, the civil system allows victims to seek compensation for their losses.

In Indiana, individuals can face criminal charges for driving under the influence, leading to penalties such as fines, license suspension, or jail time. However, these criminal penalties do not provide direct compensation to the accident victims.

Victims seeking compensation for their injuries resulting from a drunk driving accident must file a civil lawsuit. This process is separate from any criminal proceedings and requires the expertise of a knowledgeable attorney.

Your attorney will help demonstrate the driver’s negligence and pursue damages for medical expenses, lost wages, and pain and suffering.

While many victims prioritize seeing the drunk driver punished, as a drunk driver accident lawyer in Indianapolis, Indiana, our primary focus is to recover the compensation you deserve. Having a legal representative by your side can significantly enhance your chances of a successful outcome.

Is The Impaired Driver Always At Fault For the Accident?

It’s a common misconception that drunk drivers are always at fault for accidents. While driving under the influence is a crime, there are situations where liability may not rest solely with the drunk driver.

For example, although the driver will likely face charges for operating while intoxicated (OWI) in Indiana, they may not be held liable for the damages caused in the accident.
Several parties could share liability, including:

Dram Shops: Establishments that serve alcohol, such as bars and restaurants, can be held liable if they continued to serve an intoxicated patron who then caused an accident.

Another Driver: If another motorist’s reckless behavior led to the collision, that driver could be at fault, even if the other driver was drunk.

Social Hosts: Individuals hosting events who provide alcohol to guests may also be liable if a guest later causes an accident while intoxicated.

You: If you contributed to the accident, such as by driving distracted or running a stop sign, you might share responsibility.

Comparative Fault in Indiana

In Indiana, liability is often determined through modified comparative fault, as outlined in Indiana Code § 34-51-2-5. This means that each party involved in the accident is assigned a percentage of fault. If you are found to be at fault, your compensation may be reduced accordingly. For instance, if you are 20% at fault, your compensation would be reduced by that same percentage.

However, if you are found to be 51% or more at fault, you cannot recover any damages under Indiana’s 51% rule. For example, if a distracted driver is found to be 40% at fault in a collision with a speeding drunk driver, they can still recover damages but will see their compensation reduced by 40%.

In some cases involving governmental entities, contributory negligence may apply, meaning that any fault on your part can prevent you from recovering damages.

What Are Some of The Damages I Can Recover After an Accident Involving an Intoxicated Driver?

In contrast to criminal courts, which focus on punishing offenders, civil courts aim to provide compensation to accident victims. When pursuing a civil lawsuit after a drunk driving incident, victims may seek two main types of damages: compensatory and punitive.

Compensatory Damages

Compensatory damages are designed to reimburse victims for their financial losses. They fall into two categories:

Economic Damages: These are tangible costs easily calculated, such as:

  • Medical expenses (ambulance services, hospital stays, surgeries, medications, and rehabilitation)
  • Lost wages for time off work
  • Property damage from the accident

Noneconomic Damages: These address intangible losses, like pain and suffering, which can be challenging to quantify. Courts typically consider the severity of injuries, the victim’s age, and overall health when determining these damages.

Punitive Damages

Punitive damages serve to punish the at-fault driver for particularly reckless behavior. To qualify for punitive damages, victims must show clear evidence of malice or gross negligence, such as the driver’s blood alcohol concentration (BAC) at the time of the accident or a history of drunk driving.

In Indiana, punitive damages are capped at either three times the compensatory damages awarded or $50,000—whichever is higher. Notably, at least 75% of punitive damages are directed to the Violent Crime Victims Compensation Fund.

To learn more about damages in Indianapolis personal injury claims, contact our experienced Indianapolis drunk driver accident lawyers today.

How Much is My Indianapolis Drunk Driver Accident Claim Worth?

Determining the value of a drunk driving accident claim can be complex and varies widely based on individual circumstances. Key factors include the severity of your injuries, medical expenses, and the long-term impact on your quality of life.

Your Injuries
The severity of your injuries is critical. Serious injuries requiring extensive treatment or leading to long-term disabilities typically result in higher compensation. For instance, injuries causing significant pain and suffering may warrant larger awards.

Documenting your injuries thoroughly and providing comprehensive medical records is essential to support your claim.

Wrongful Death for Fatal Crashes
In tragic cases involving wrongful death, several considerations influence the claim’s value, including the deceased’s age, earning capacity, and financial support for dependents. While no amount of money can replace a lost loved one, pursuing a wrongful death claim can help provide financial stability for grieving families.

Possible Punitive Damages
Your claim may also include punitive damages, particularly in severe drunk driving cases where the at-fault party’s actions were egregiously reckless. These damages aim to punish the wrongdoer and deter similar behavior.

The awarded amount can vary significantly based on your case specifics, notably enhancing the overall value of your claim if taken to civil court.

It’s important to note that your claim’s value is not solely determined by injury severity or punitive damages. Other elements, such as lost wages, medical bills, property damage, and emotional distress, also contribute to the overall worth.

For personalized guidance on estimating your claim’s value, consult an experienced attorney. The team at SLG Accident Attorneys is here to help you navigate the complexities of your case and ensure you receive the compensation you deserve.

Is There a Deadline To File a Car Accident Claim in Indiana?

In Indiana, the statute of limitations for filing a claim after a car accident, including those involving drunk drivers, is set at Indiana Code § 34-11-2-4. Victims have two years from the date of the accident to initiate a lawsuit against the responsible party.

Failing to file within this timeframe can lead to a dismissal of your claim, leaving you without compensation for your injuries or vehicle damage.

Exceptions to the Two-Year Limit
While the two-year rule is generally strict, there are exceptions that might extend the deadline. Consulting a skilled legal representative can help you determine if these exceptions apply to your case.

Indianapolis, Indiana

If you’ve been involved in a drunk driving accident in Indianapolis, Indiana, ensuring your vehicle is properly repaired is crucial. Here are some reputable auto repair resources in the area:

American Auto Repairs offers a wide range of services, including collision repair, mechanical repairs, and routine maintenance.

Tyler Automotive specializes in both domestic and foreign vehicles, providing comprehensive auto repair services.

Malless Automotive is known for its reliable and affordable auto repair services in Indianapolis. They provide everything from bodywork to mechanical repairs, emphasizing transparency and quality in their work.

Dave’s Mechanic Shop prides itself on offering personalized service and expertise in various auto repair services.

These resources can help you get your vehicle back in shape after an accident, so you can focus on your recovery. If you need further assistance navigating the legal aspects of your claim, contact our legal team today.

Experienced Car Accident Lawyer in Indianapolis, Indiana

At SLG Accident Attorneys, we are dedicated to providing compassionate and aggressive representation for victims of drunk driving accidents in Indianapolis, Indiana. Our experienced team understands the complexities of these cases and is committed to fighting for the compensation you deserve.

We strive to support you every step of the way, ensuring your rights are protected and your voice is heard. If you or a loved one has been injured in a drunk driving accident, contact us today to discuss your case with an attorney who will work tirelessly to achieve the best possible outcome for you.

In addition to Indianapolis, some locations that our law firm serves include Fishers, Merrillville, HighlandAnderson, Fort Wayne, South Bend, CarmelNoblesvilleGreenwood, and more.