Wednesday, May 24, 2023

Can Trucks Drive in the Left Lane in Indiana?

According to the Indiana Code, semi-trucks cannot drive in the left lane of a highway unless they are passing a slower car, entering or exiting a highway, or avoiding a hazard. This law aims to protect other drivers on the road and reduce the chance of truck crashes.

With this law in mind, what happens if you sustain injuries from a semi-truck driving in the left lane?

Why Was the Indiana Left Lane Law Enacted?

The primary reason lawmakers banned truck drivers from driving outside of the far right lane in most circumstances is simple. Commercial trucks create havoc when they drive in the left lane for long periods.

Getting around trucks in the left lane is more difficult, and they can obstruct visibility. In some cases, they might prevent emergency responders from reaching crash victims in time. Having this law in place reduces the chances of a truck accident occurring.

Are There Any Exceptions for Trucks Driving in the Left Lane?

The Indiana law barring trucks from driving in the left lane lists a few exceptions to this rule, including:

  • Passing slower vehicles – Semi-trucks have the right to move to the left lane to pass a slower vehicle. However, they should return to the right lane as quickly and safely as possible.
  • Entering or exiting a highway – Some highway exits and entrances are on the left side of the road. In these cases, there’s no way for a truck to leave or enter a highway without leaving the right lane. The law allows commercial trucks to drive in the left lane to exit or enter a highway when needed.
  • Hazards – If there is a hazard on the road and the only way for the truck to avoid it is to drive in the left lane, truck drivers can move their vehicles to that lane.

What Are Some of the Dangers of a Truck Driving in the Left Lane?

Lawmakers recognized the potential dangers of having semi-trucks in the left lane of a highway and passed a law specifically to prevent that from happening. Some of the risks that come with semi-trucks driving in the left lane include:

  • Reduced visibility – Semi-trucks in the left lane can block the view for other drivers. This makes it difficult to see traffic conditions ahead, increasing the risk of collisions.
  • Difficulty passing – When semi-trucks drive in the left lane, it can be harder for faster-moving vehicles to pass safely. This may lead to risky maneuvers, impatience, or frustration.
  • Merging challenges – Semi-trucks in the left lane can create complications for vehicles entering the highway. As drivers struggle to find a safe space to enter the flow of traffic, it increases the potential for accidents.
  • Increased stopping distance – Semi-trucks require a longer distance to stop compared to smaller vehicles. Driving in the left lane may not provide enough space for them to stop safely in case of sudden traffic changes, leading to rear-end collisions.
  • Slower emergency response – With semi-trucks occupying the left lane, emergency vehicles may face difficulties maneuvering through traffic. This obstacle can delay their response times and put injured individuals at risk.
  • Driver fatigue – Truck drivers may experience fatigue from long hours on the road. Truckers must remain more alert to navigate faster-moving traffic, increasing the likelihood of accidents. Driving in the left lane can exacerbate this issue.
  • Limited escape routes – In case of an emergency or sudden traffic change, having a semi-truck in the left lane can limit the options for other drivers to maneuver safely out of harm’s way.

What Are the Fines for a Truck Driving in the Left Lane?

According to state officials, truckers who drive in the left lane commit a Class C infraction. The penalties include a fine of up to $500 plus court costs.

If a trucker hits someone while driving in the left lane and the victim sustains a bodily injury, the trucker commits a Class A infraction. The penalties for a Class A infraction include fines of up to $10,000 and a two-year driver’s license suspension.

What Should I Do If I Am Hurt in a Truck Accident in Indiana?

After you’ve called 911 and made sure everyone’s safe, here are steps to take to prepare for your claim for compensation for your injuries from a truck driving in the left lane:

  • Document the scene – Take photos or videos of the accident scene, including the truck, your vehicle, and any other vehicles involved. This documentation is often helpful for insurance claims and potential legal proceedings.
  • Gather information – Exchange contact and insurance information with the truck driver and any other parties involved in the accident. Obtain the truck driver’s license number, the truck’s license plate number, and the trucking company’s name.
  • Seek medical attention – Even if you do not feel severely injured, it is essential to seek medical attention as soon as possible. Some injuries might not be immediately apparent, and early documentation is crucial for insurance claims or legal cases.
  • Notify your insurance company – Contact your insurance company to report the accident and begin the claims process. Provide them with the necessary information and documentation you collected at the scene.
  • Keep records – Maintain a file with all relevant documents, including medical records, repair estimates, and any correspondence with insurance companies or other parties involved.
  • Consult an attorney – Consult with a personal injury attorney experienced in truck accidents. They can help you through the legal process and work to get you appropriate compensation for your injuries and losses.

If I Am Hurt by a Truck Driver Violating the Left Lane Law, Who Can I Sue?

Depending on the circumstances of the crash, the potentially liable parties for a truck accident in the left lane may include:

  • The truck driver
  • The trucking company
  • The truck’s manufacturer
  • Truck maintenance workers
  • Other drivers

An Indiana truck accident attorney can tell you more about who might bear responsibility for your injuries and how much compensation you could recover for your injuries.

Contact an Indiana Truck Accident Lawyer

If you’ve suffered injuries in an Indiana truck accident caused by a trucker driving in the left lane, you need an experienced and aggressive attorney to help you recover the money you need. Call Truitt Law Offices today or visit our contact page for a free consultation.

The post Can Trucks Drive in the Left Lane in Indiana? appeared first on Truitt Law Offices.



from Truitt Law Offices https://www.truittlawoffices.com/blog/can-trucks-drive-in-the-left-lane/
via https://www.truittlawoffices.com/

What Is the Indiana Move Over Law?

Road workers, emergency responders, and others are highly vulnerable to accidents when stopped on the side of the road. Because of this, Indiana law requires drivers to slow down and move over when approaching a stationary car or emergency vehicle. 

Indiana’s Move Over Law exists to protect drivers, road workers, and emergency responders. Unfortunately, many Indiana drivers are either unaware of this law or choose to ignore it – and road workers and emergency responders are often the ones who pay the price.

Why Was the Move Over Law Enacted?

Indiana and other states have implemented Move Over laws in response to many safety concerns related to emergency responders, police officers, and others who use the roads. Some of the dangers the Move Over Law was designed to address include:

  • Enhancing roadside safety – Lawmakers implemented the Move Over Law to protect emergency responders, law enforcement officers, and other roadside workers by reducing the risk of accidents while they attend to emergencies or perform their duties.
  • Reducing collision risks – The Indiana Move Over Law and others like it aim to minimize the risk of collisions with emergency personnel, tow trucks, or maintenance workers by requiring motorists to change lanes or slow down when approaching a stopped vehicle with flashing lights.
  • Helping traffic flow – By mandating that drivers move over or slow down for emergency and service vehicles, the Move Over Law helps maintain a steady traffic flow. It reduces the risk of traffic jams caused by drivers slowing down to gawk at roadside incidents.
  • Encouraging driver awareness – Move Over laws raise awareness among motorists about the importance of maintaining a safe distance from emergency personnel and being vigilant when approaching stopped vehicles with flashing lights.
  • Protecting the general public – By reducing the risk of accidents involving emergency and other service vehicles, these laws help keep roads safer for all drivers, passengers, and pedestrians.
  • Reducing fatalities and injuries – Studies have shown that Move Over laws have contributed to reducing the number of deaths and injuries among emergency personnel, law enforcement officers, and other roadside workers.
  • Complying with national standards – Many states have implemented Move Over laws in response to the Federal Highway Administration’s (FHWA) recommendations and guidelines, encouraging states to adopt such laws to improve roadway safety.

Are There Finer Points to the Law?

While the basic idea of the Indiana Move Over Law is simple enough to grasp, there are some finer points drivers should know about. Some of the law’s key points include:

  • Drivers should yield the right-of-way and move to the right lane when they see an emergency vehicle behind them with flashing lights. If possible, drivers should stop parallel to the right curb until the emergency vehicle passes them.
  • If drivers cannot safely move over to the left lane when approaching someone stopped on the right side of the road, they should reduce their speed to 10 mph below the posted speed limit.
  • The Move Over Law doesn’t just apply to emergency or utility vehicles. Drivers should either move over or slow down if they see a garbage truck or construction vehicle stopped in the right lane. Pay particular attention if the stationary vehicle has flashing amber lights.

Is There a Fine for Failing to Move Over?

The penalties for violating Indiana’s Move Over Law depend on the circumstances of the case. In general, breaking this law is a Class A infraction if you’re approaching a stationary emergency vehicle. It’s typically a Class B infraction if you’re approaching a utility, construction, or similar vehicle. The penalties for a Class A infraction include up to $10,000 in fines and a two-year driver’s license suspension, while the penalties for a Class B infraction include a fine of up to $1,000.

However, violating the Move Over Law is a Level 6 felony if a driver causes a severe injury or death due to their actions. The penalties for a Level 6 felony are much harsher and include up to 2.5 years in prison, along with a fine of up to $10,000.

If I Move Over, Should I Come to a Stop?

You should move over and stop for emergency vehicles behind you as long as it’s safe and you wouldn’t block traffic. However, you should not stop if you move to avoid someone stopped on the side of the road. Stopping in these circumstances is likely to cause a collision.

If I Violate the Move Over Law, Can My Insurance Rates Go Up?

Any traffic violation could cause your auto insurance premiums to increase, even if you didn’t cause any injuries through your actions. Every insurance company and auto policy is different, though. Some insurers are more forgiving of traffic violations than others, especially if you didn’t injure anyone. If you’re worried about how violating the Move Over Law will affect your premiums, talk to your insurance company or a knowledgeable attorney.

Contact an Indiana Car Accident Lawyer

Although Indiana’s Move Over Law and others like it are meant to keep everyone safe, drivers still break the law and cause severe injuries. If you sustained injuries in a car accident that wasn’t your fault, the Indiana personal injury lawyers at Truitt Law Offices can defend your rights and help you secure fair compensation for your injuries.

We have more than 40 years of experience handling personal injury cases – and those are the only cases we take on. We have a track record of obtaining excellent results for accident victims, and our good work has garnered us recognition from the Million Dollar Advocates Forum. We’ve also been named to the National Trial Lawyers Top 100 firms and have more than 100 five-star ratings on Google.

Let us put our skills and experience to work for you. Call us today or visit our contact page for a free case review.

The post What Is the Indiana Move Over Law? appeared first on Truitt Law Offices.



from Truitt Law Offices https://www.truittlawoffices.com/blog/indiana-move-over-law/
via https://www.truittlawoffices.com/

Wednesday, May 3, 2023

What is the Dram Shop Act in Indiana?

If you get hurt in an alcohol-related accident in Indiana, the Dram Shop Act allows you to hold certain parties responsible besides the intoxicated person. In some cases, you could have claims against the drunk person who hurt you and other parties that sold or served them alcohol before the crash.

A knowledgeable lawyer from Truitt Law Offices can help you seek compensation after a drunk driving accident by identifying all negligent parties, including businesses that supplied alcohol to the at-fault driver. Our legal team has been helping Indiana individuals and families recover from severe injuries and devastating losses for over 40 years. We know DUI accidents can result in life-changing injuries. Our job is to hold every responsible party accountable for what happened to you.

To learn more about your legal options, please read on or contact our firm for a free initial consultation.

Does the Dram Shop Law Apply Only to Businesses That Serve Alcohol?

No. The Indiana Dram Shop Act applies to any party that serves alcohol, whether a private individual or a commercial establishment. Under the Act, anyone who knowingly provides alcohol to an intoxicated person can be held responsible if the drunk person causes an accident that injures or kills another.

Potentially liable parties under the Dram Shop Act include those who own or control restaurants, liquor stores, bars, or convenience stores that sell alcohol. People who serve alcohol to others at private events, such as at company gatherings or a dinner party at home, may be liable according to Indiana dram shop laws.

To hold an alcohol vendor or server liable in a dram shop liability claim, you must show they knew (or should have known) the person who harmed you was intoxicated at the time of sale or service. You can do so by showing there was visible evidence of intoxication, such as bloodshot eyes, slurred speech, unsteady walking, or the smell of alcohol on the breath.

Are There Certain Elements That Need to Be Proven for a Dram Shop Law Claim?

Yes. You must prove two key elements for a successful dram shop claim in Indiana. First, you must show that the establishment or social host knowingly furnished alcohol to a visibly intoxicated person. Then you’ll need to prove that the intoxication of the person who was given the alcohol contributed to your injuries.

Let’s say a host of a house party sees someone is intoxicated yet continues to serve them alcoholic beverages. After leaving the party, the guest causes a drunk driving accident that injures someone else. In that case, you would need to prove the host knew their guest was dangerously drunk when serving them and that the guest’s intoxication was a proximate cause of your injuries.

Can the Intoxicated Person Also File a Dram Shop Law Claim?

No. If someone 21 or older gets hurt while voluntarily intoxicated, they cannot bring a claim against the social host or commercial establishment that served them. Similarly, if a voluntarily intoxicated adult dies after being served alcohol, their surviving dependents, personal representative, and heirs are prohibited from filing dram shop liability claims.

Can I File Both a Personal Injury Claim and a Dram Shop Liability Claim?

Yes. You can file a personal injury claim against a drunk individual who hurts you in a DUI accident. You can also file a claim under the Dram Shop Act against an individual or establishment that provided the alcohol to the individual who harmed you.

To bring a successful claim under the Dram Shop Act, you must establish that the individual that supplied the alcohol — whether a bartender at a restaurant or the host of a dinner party — served the drunk person even though they were visibly intoxicated. You also need to prove that the other person’s preventable and dangerous level of intoxication directly contributed to your injuries.

Here’s a real-world example: John joins his friends for happy hour at a bar after work. During that time, the bartender serves him 10 cocktails, even though John is staggering around and slurring his words. Later, John drives home and causes a drunk driving accident that injures Ashley. In that case, Ashley could file a personal injury claim directly against John and a dram shop lawsuit against that bar that overserved him.

Because you must satisfy certain elements to have a valid claim under the Dram Shop Act, you should always work with a trusted lawyer who can analyze the circumstances of the accident and develop your case. Your attorney will gather compelling evidence by reviewing police reports, obtaining toxicology test results, and speaking to witnesses who saw you get hurt.

Is There a Time Limit for Filing a Dram Shop Law Lawsuit?

Dram shop liability lawsuits are subject to a two-year time limit. The clock starts running on the date of the accident. If you try to file your claim after the deadline, you lose the right to compensation altogether. Two years might sound like plenty of time, but it takes time to investigate the specifics of your case, gather and preserve evidence, interview witnesses, and prepare a lawsuit. The sooner you consult a dram shop lawyer in Indiana, the more time they’ll have to fine-tune your case and demand full and fair compensation for your losses.

Contact an Indiana Car Accident Lawyer

If you got hurt in a DUI accident or another incident involving a dangerously intoxicated individual, the Indiana injury lawyers at Truitt Law Offices are here to help you fight for maximum compensation from the responsible party(s). We will examine every aspect of your situation and determine whether the Dram Shop Act applies to you.

You deserve accountability from the drunk driver and the people who enabled them. Contact us today to speak with a skilled car accident lawyer.

The post What is the Dram Shop Act in Indiana? appeared first on Truitt Law Offices.



from Truitt Law Offices https://www.truittlawoffices.com/blog/dram-shop-act-in-indiana/
via https://www.truittlawoffices.com/

Wednesday, April 19, 2023

How Often Do Car Accident Cases Go to Court in Indiana?

Many clients ask whether their personal injury cases will settle or go to trial. Industry estimates suggest about 95 percent of car accident claims resolve through settlements, leaving only five percent of cases that go to court. However, even if only a fraction of Indiana car accident cases go to trial, you should never forget that litigation may be necessary to get the results you deserve in your case.

At Truitt Law Offices, we prepare every case as if it is going to trial. If you suffered injuries in a car crash caused by someone else, understanding how insurance claims work and the trial process can help you anticipate what might come next. Contact us today for a free consultation with an Indiana car accident lawyer.

If Most Cases Settle Before Trial, When Would a Case Go to Trial?

It is generally better for both plaintiffs and insurance companies to avoid a trial in an Indiana car accident case. Trials are expensive, time-consuming, and unpredictable, making them risky for both sides. That said, some instances when a car accident case might go to trial include:

  • Accidents involving significant injuries or property damage – The worse someone’s injuries are after an accident, the more money they could recover for their injuries. Rather than pay a high-dollar settlement, an insurance company might take a car accident case to court if they believe they can prevail at trial. The same is true for cases involving extensive property damage.
  • Fault is unclear – Indiana is a fault-based state for car accident claims, meaning a plaintiff must prove it is more likely than not that the defendant caused the crash and any resulting injuries. If an insurance company feels the question of fault is unclear, they might risk a trial to avoid paying a potentially expensive settlement.
  • Cases involving failed settlement negotiations – If one or both sides in a car accident case do not negotiate in good faith, either side might go to trial to pressure the other side into making concessions. The threat of a trial can also be an effective way to bring someone back to the bargaining table if they refuse to make a reasonable offer.

How Long Can a Car Accident Case Take if It Goes to Trial?

Trials involve significant preparation and lengthy court proceedings, so it could be months or longer before the case concludes. Factors that can affect a trial’s timeline include:

  • How much money the plaintiff demands
  • The severity of the plaintiff’s injuries
  • The number of defendants
  • Each defendant’s share of the fault
  • How many people witnessed the crash
  • The strength of the plaintiff’s case
  • The strength of the defendant’s case

No car accident attorney can guarantee a claim will settle or go to trial. However, a lawyer can outline the possibilities for you after reviewing the facts of your case.

What is the Trial Process if the Case Goes to Court?

Once a plaintiff has filed a lawsuit, the basic steps in an Indiana car accident trial are:

  • Discovery – After the plaintiff files the lawsuit, both sides have some time to gather additional evidence to support their case. Common types of evidence used in personal injury trials include medical records, eyewitness accounts, surveillance footage, and expert testimony. Each side will request whatever evidence the other side has gathered before the case can proceed.
  • Mediation – Judges know how long trials sometimes take and how expensive they are. To save everyone time, money, and hassle, judges often order both sides in a personal injury trial to meet with a mediator before the trial begins. Having both parties meet outside the courtroom with a neutral party can facilitate a reasonable compromise.
  • Settlement negotiations – Once both sides in a civil trial have finished the discovery process, there is typically one last round of settlement negotiations. Now that both sides know what evidence the other party has to support their claim, it may be easier to reach a fair deal.
  • Trial – If the final round of settlement negotiations fails, both sides will make their arguments in court. Juries hear some civil trials, while others are heard only by a judge. Regardless of who decides the case, it is up to each side’s lawyers to make their strongest possible argument for their clients.
  • Verdict and award – After each side has presented its argument, the jury or judge will decide who won and render a verdict. If the plaintiff wins, the judge or jury will also determine how much compensation they receive for their injuries. If the defendant wins, the judge or jury may order the plaintiff to pay their legal fees or provide other compensation.

What are Common Car Accident Injuries?

Car accidents in Indiana frequently cause severe injuries, including:

  • Traumatic brain injury (TBI)
  • Spinal cord injury and paralysis
  • External injuries to the head or face
  • Back injuries
  • Neck injuries
  • Scarring and disfigurement
  • Broken bones
  • Burns
  • Internal bleeding
  • Injuries to internal organs
  • Soft tissue injuries
  • Lacerations and puncture wounds
  • Psychological distress

What Damages Could I Be Entitled to from My Car Accident Claim?

Your compensation for a car accident claim depends on your injuries and other factors. With help from an experienced car accident attorney, you could recover compensation for:

  • Medical bills
  • Lost wages
  • Reduced future earnings
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life
  • Damaged personal property

Does Indiana Have a Time Limit for Filing a Car Accident Lawsuit?

Indiana law gives victims two years from the date of a car accident to file a lawsuit. If you miss this deadline, the courts will likely dismiss your case without hearing it. The threat of a trial is crucial to settlement negotiations with insurance companies, so don’t wait too long to speak to a car accident lawyer.

Contact an Indiana Car Accident Lawyer Now

At Truitt Law Offices, we aim for the best possible results for our clients. Whether that means advocating fiercely during settlement negotiations or tackling the case at trial, you can count on our attorneys to place your well-being front and center. Call Truitt Law Offices today or visit our contact page for a free consultation with a skilled car accident lawyer in Indiana.

The post How Often Do Car Accident Cases Go to Court in Indiana? appeared first on Truitt Law Offices.



from Truitt Law Offices https://www.truittlawoffices.com/blog/how-often-car-accident-cases-go-to-court/
via https://www.truittlawoffices.com/

Wednesday, April 12, 2023

Can a Car Accident Cause Memory Loss?

Both neurological and psychological damage can cause memory loss after a car accident. Memories should return within hours or days. However, prolonged memory loss might indicate a severe injury, such as a traumatic brain injury (TBI). Seek medical care immediately after any traffic collision.

Once you have seen a doctor, you should consult with an experienced car accident lawyer from Truitt Law Offices. If someone else was to blame for the accident, they could owe you money. Call or contact us online for a free consultation.

How Common Are Brain Injuries in Auto Accidents?

According to the Centers for Disease Control and Prevention (CDC), more than 611 hospitalizations and 176 deaths related to traumatic brain injuries occur each day. Traffic collisions are one of the most common causes of TBI.

While seatbelts restrain vehicle occupants to their seats, their heads remain free to move – but only to a certain point. The violent force of a traffic collision can cause the head to hit the steering wheel, window, or dashboard. Flying debris can also strike someone in the head, leading to a TBI.

What Kinds of Brain Injuries Cause Memory Loss?

TBIs are caused by external forces damaging the brain, often resulting in memory loss. Symptoms can range from mild to severe depending on the location and extent of the brain damage. Mild to moderate cases of TBI often heal with prompt and adequate medical care. However, some brain injuries are permanent and lead to long-term memory loss and cognitive impairments.

Memory loss is often one of the first symptoms to appear in the immediate aftermath of a car crash – preventing a victim from understanding the severity of the situation or remembering what happened. They may experience confusion and disorientation, affecting the decision-making process.

In some cases, the memory of the accident will return as the brain heals. In others, the brain may heal fully while the memory of the crash never returns. Particularly severe injuries could prevent the victim’s long-term ability to form, retain, and access memories.

Is All Memory Loss the Same?

A wide range of injuries and ailments can lead to memory loss, each in a different way. Consider the following common causes and effects of memory loss:

  • Concussion – A concussion is a mild type of TBI. Short-term memory loss is a common symptom. However, it typically isn’t a permanent issue.
  • Brain damage – The hippocampus is an area of the brain responsible for memory. Damage to it can cause problems with memory. When this damage is severe, it can prevent the victim from recovering old memories or forming new ones.
  • Mental trauma – Extreme trauma can cause someone to develop dissociative amnesia. The mind subconsciously avoids processing the information and thoughts that recall memories of the traumatic incident.
  • Retrograde amnesia – A severe blow to the head can cause retrograde amnesia. Memories made before the injury are effectively erased. Retrograde amnesia can be short-term or long-term, depending on the severity of the head injury.

What Other Symptoms Might Appear Alongside Memory Loss?

Memory loss isn’t the only symptom of a TBI. Additional signs of a traumatic brain injury include:

  • Issues with judgment
  • Confusion
  • Difficulty identifying objects and their functions
  • Trouble speaking
  • Difficulty solving problems
  • Decreased vocabulary and slow, hesitant speech
  • Shorter attention span
  • Trouble choosing the right words to say
  • Lost sense of space and time

What Should I Do After a Car Accident?

Seeking treatment for your injury is essential after a car accident. You must visit your doctor or the emergency room after leaving the crash scene. Let a physician evaluate your injury to determine the type of treatment you need. If they recommend follow-up care, follow their instructions. Skipping appointments can negatively affect the outcome of your case. An insurance company might view your inconsistent or inadequate treatment as evidence that your injury isn’t serious or that you are responsible for making it worse. They can justify offering a much lower settlement than you need to cover your losses.

Saving records is critical. You should keep a copy of your billing statements, vehicle repair bills, hospital records, prescriptions, and other accident-related documents. Your records might be valuable evidence in proving the extent of your injury and other losses.

You should also hire an experienced car accident lawyer like the ones you’ll find at Truitt Law Offices. Although having legal representation isn’t mandatory to pursue a claim, it can expedite the process and strengthen your claim. Your attorney can handle the legal work for you, so you don’t have to worry about gathering evidence or talking to the insurance adjuster. Your only focus should be on trying to recover.

What Kind of Compensation Can I Pursue Through a Car Accident Lawsuit?

The compensation you recover through a car accident lawsuit can provide you with money for you:

  • Accident-related medical expenses, such as ER visits, prescriptions, and rehabilitative care
  • Lost wages
  • Lower earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Property damage

You might also recover punitive damages if your lawsuit goes to trial. This money is meant to punish the at-fault party for their egregious behavior rather than to compensate you for any specific loss.

What Is the Deadline for Filing a Car Accident Lawsuit in Indiana?

In Indiana, the statute of limitations allows a two-year timeframe to file a lawsuit for a car crash. That means you generally have two years from the date of the accident to file your lawsuit against the negligent driver or another party. While there are exceptions, filing after the deadline can make you ineligible to recover compensation.

Contact an Indiana Car Accident Lawyer

At Truitt Law Offices, we have been representing accident victims in Indiana for over 40 years. We can protect your rights and aggressively pursue the full compensation you deserve. You won’t be alone in the fight for justice.

Call or contact us online to get started with a free consultation with a car accident lawyer.

The post Can a Car Accident Cause Memory Loss? appeared first on Truitt Law Offices.



from Truitt Law Offices https://www.truittlawoffices.com/blog/can-a-car-accident-cause-memory-loss/
via https://www.truittlawoffices.com/

Wednesday, March 29, 2023

What Should You Do After an Uber or Lyft Accident in Indiana?

If you were hurt in a crash with a Lyft or Uber vehicle, call 911 if you or someone else needs medical assistance and to report the crash. You should also obtain contact and insurance information from each driver involved in the accident. You should also report the accident to the rideshare company through their mobile application or website. Finally, reach out to a rideshare accident lawyer to help you pursue financial recovery for the losses you suffer.

Contact Truitt Law Offices for a free initial claim evaluation. You can discuss your legal rights and the next steps to take with an Uber/Lyft accident attorney from our firm.

What Are the Most Common Causes of Rideshare Accidents?

Rideshare drivers have numerous demands on their attention when they’re behind the wheel, including safely operating their vehicle, following navigation directions, managing ride requests, and interacting with passengers. Unfortunately, this can lead Uber and Lyft drivers to engage in careless behaviors such as:

  • Speeding
  • Reckless driving, including excessive speeding or swerving through traffic
  • Aggressive driving or road rage
  • Tailgating
  • Double-parking or stopping in a traffic lane
  • Failing to signal or check mirrors before turning or changing lanes
  • Making unsafe or illegal turns
  • Distracted driving
  • Drowsy or fatigued driving
  • Driving under the influence of alcohol or drugs

What Insurance Do Uber and Lyft Carry for Their Drivers?

In Indiana, Uber and Lyft provide insurance to cover their drivers while they’re driving for the platforms. The amount of insurance coverage varies depending on the circumstances at the time of the rideshare accident. These coverages include:

  • When the driver has logged into the mobile application and does not have an active ride request: $50,000 per person/$100,000 per accident of bodily injury liability coverage, plus $25,000 per accident of property damage liability coverage
  • When the driver has accepted a ride request or has a passenger in the vehicle: $1 million of combined liability coverage

If an Uber or Lyft driver gets into an accident while not logged into the mobile applications, their personal auto insurance coverage applies.

What Compensation Can I Recover in an Indiana Uber/Lyft Accident Lawsuit?

The financial recovery you can obtain after an Uber or Lyft accident in Indiana includes the following:

  • Costs of repairs for your vehicle or reimbursement for the value of your totaled car
  • Medical and rehabilitation expenses
  • Costs of long-term care and support for permanent disabilities that result from your injuries
  • Ongoing and future losses of income and loss of job benefits due to temporary or permanent disability from work
  • Pain and suffering
  • Loss of enjoyment and quality of life due to disabilities or permanent scarring and disfigurement

What Information Should I Gather at the Scene of a Rideshare Accident?

Information you need to collect at the scene of an accident involving an Uber or Lyft vehicle includes:

  • The rideshare driver’s license and registration information
  • Insurance, license, and registration information from other drivers involved in the accident
  • Eyewitnesses’ contact information
  • Accident scene photos and videos, including visible injuries you suffered, vehicle damage, skid marks, traffic controls, visual obstructions, and weather, lighting, traffic, and road conditions

After the accident, you should request a copy of the police accident report if law enforcement responds to the scene. You should also request any surveillance, traffic, or dashcam footage of the accident.

How Should I Handle a Phone Call with an Insurance Adjuster?

Here are some tips if you receive a call from an insurance adjuster representing the rideshare service:

  • Give limited details – Keep your answers brief and to the point. Don’t speculate or exaggerate when describing what happened in the accident.
  • Don’t admit fault – Refrain from taking responsibility for the accident or saying anything that may seem like an admission of fault, such as “I didn’t see the other car” or “I’m sorry.”
  • Refuse to give a recorded or written statement – Adjusters have training and experience with asking questions designed to get you to say something the insurance company can later use as evidence against your claim.
  • Don’t sign a medical records release – Insurance companies may want to comb through your entire medical history for any sign that your claimed injuries may have occurred due to a prior injury or pre-existing condition rather than the trauma of the accident. Watch out for seemingly ordinary questions like “How are you feeling?” If you respond, “I’m fine,” the insurance company may argue that you didn’t suffer severe injuries in the accident or that you have recovered from your injuries.
  • Don’t accept the first settlement offer – You may not realize the extent of your injuries right after a rideshare accident. By accepting a quick settlement, you may recover far less than full compensation for all your losses from the Uber or Lyft accident.

Finally, keep your guard up when talking to an insurance adjuster. The adjuster may sound genuinely concerned about your health and any financial difficulties you have, but the adjuster’s sole focus is saving their employer money by finding reasons to minimize or deny your insurance claim.

How Long Do I Have to File an Uber or Lyft Accident Lawsuit in Indiana?

Under Indiana’s statute of limitations on injury lawsuits, you have two years to file suit after suffering an accident involving an Uber or Lyft. If you file your lawsuit after the statutory period expires on your Uber or Lyft accident claim, the court may permanently dismiss your case. Contact a rideshare accident attorney as soon as possible to ensure you don’t lose your right to pursue compensation in court by filing an untimely claim.

Contact an Indiana Uber/Lyft Accident Lawyer

Reach out to Truitt Law Offices today for a free, no-obligation consultation to speak with an Indiana Uber or Lyft accident lawyer. We can discuss your legal options for recovering compensation for the injuries or losses you sustained in a crash. Let our firm help guide you through the claims process and advise you on the steps you need to take to get compensation after a Lyft or Uber accident in Indiana.

The post What Should You Do After an Uber or Lyft Accident in Indiana? appeared first on Truitt Law Offices.



from Truitt Law Offices https://www.truittlawoffices.com/blog/what-to-do-after-uber-lyft-accident/
via https://www.truittlawoffices.com/

Wednesday, March 15, 2023

What Should I Do If I Am Involved in a Hit and Run Accident in Indiana?

If you get hurt in a hit-and-run car accident in Indiana, call 911. Next, write down anything you remember about the other motorist and their vehicle. Information such as a license plate number, the make and model of the car, and the driver’s appearance might help police to locate the driver. After you have sought medical treatment, make sure to consult with an experienced car accident lawyer as early as possible.

How Common Are Hit and Run Accidents?

According to the National Highway Traffic Safety Administration, approximately 682,000 hit-and-run accidents occur annually. In one recent year, 737,100 hit-and-runs occurred.

A driver might leave the crash scene because they fear getting into trouble. The most common reasons for hit-and-run accidents include:

  • Lack of insurance — According to the Insurance Information Institute, nearly 16 percent of Indiana motorists lack legally mandated insurance. A driver might flee an accident scene to avoid a traffic citation for driving without insurance.
  • Outstanding warrant — If there is an outstanding warrant for a driver’s arrest, fleeing the scene might seem better than getting arrested. Some drivers take their chances and drive off before law enforcement arrives.
  • Driving under the influence — It is illegal to operate a vehicle while intoxicated by alcohol or drugs. An impaired driver may leave the scene to avoid criminal charges.
  • Lack of license — Driving without a valid driver’s license is also a crime in Indiana. Car crashes often involve police investigations. Fleeing might seem more appealing than remaining at the scene to avoid civil or criminal penalties.

Are You Required to Stay at the Scene and Render Aid After an Accident?

Yes. According to the Indiana Code of Motor Vehicles, any motor vehicle driver involved in an accident must:

  • Stop the car immediately at the accident scene or as close to the scene as possible to avoid obstructing traffic.
  • Remain at the scene until providing their name, address, and motor vehicle registration number to anyone involved in the crash.
  • Show a driver’s license to anyone involved in the collision or attending to a car involved in the accident.

If the car wreck leads to someone’s injury or death, the motor vehicle driver must also:

  • Provide anyone injured or entrapped by the crash with reasonable assistance as directed by medical personnel, law enforcement, or a 911 operator.
  • Provide immediate notice of the accident as soon as possible or ensure someone else gives notice of the accident to a 911 operator, county sheriff’s office or nearest state police post, or the local police department, whichever is fastest.

Are There Criminal Penalties for Fleeing the Scene?

Yes. It is a crime to flee the scene of a car crash. The penalties outlined in the Indiana Code of Motor Vehicles depend on the circumstances of the accident.

Leaving the scene of a car accident is a Class B misdemeanor, punishable by no more than 180 days in jail and a fine of up to $1,000. The offense increases to more serious penalties if specific factors apply, such as:

  • Bodily injury — A hit and run resulting in someone’s bodily injury can lead to a Class A misdemeanor charge. Sentencing can include a maximum of a $5,000 fine and up to one year in jail.
  • Moderate or serious bodily injury — If a hit-and-run causes another person’s moderate or serious bodily injury, the offense is a Level 6 felony. It can lead to six months to two and a half years in prison and up to a $10,000 fine.
  • Death — A hit-and-run accident causing someone’s death is a Level 4 felony. Penalties can include up to a $10,000 fine and between two to 12 years in prison.

Will Insurance Cover Me After a Hit and Run?

Seeking compensation for your injury after a hit-and-run is challenging if you cannot locate the driver. However, you may have options such as:

  • Uninsured motorist (UM) — This coverage pays for accident-related expenses when the at-fault driver lacks the required liability coverage or flees the scene of a crash. It is not mandatory coverage in Indiana. So, you must review your policy to determine if you have it.
  • Medical Payments (MedPay) — This insurance is another optional form of coverage. It is immediately available after a crash, regardless of who is at fault. It can cover medical expenses, such as doctor’s appointments, diagnostic testing, hospital stays, and prescriptions.
  • Collision insurance — Pays for vehicle damage regardless of who is to blame.

What Should I Do After a Hit-and-Run Accident?

Taking the following steps after a hit-and-run accident can help to protect your health and safeguard your rights:

  • Immediately notify the police — Call 911 to report the crash. Provide as many details as possible about the driver’s appearance, car, and anything else you can remember.
  • Collect evidence at the accident scene — If your injury isn’t too severe and it’s safe to walk around, collect evidence at the scene. Take pictures of damage, road debris, and anything else you see that might help your case.
  • Speak to witnesses — Talk to bystanders who saw the crash. Ask for their names and phone numbers. They might give a statement to the investigating officer or insurance company or testify if your case goes to trial.
  • Seek medical attention — Go to the emergency room for an examination, even if your injury doesn’t seem serious. A doctor can diagnose you and might recommend follow-up care. Continue to treat your injury regularly until your medical providers release you from their care.

Our Indiana Hit-and-Run Accident Lawyers Want to Help You

At Truitt Law Offices, we have more than 40 years of experience fighting for the rights of injured motorists in Fort Wayne and throughout Indiana. We will treat you as a priority and provide the quality representation you deserve. You can always count on our team to work hard for you and work tirelessly to recover all compensation you are due. Contact us today for a free consultation with our Indiana car accident lawyers.

The post What Should I Do If I Am Involved in a Hit and Run Accident in Indiana? appeared first on Truitt Law Offices.



from Truitt Law Offices https://www.truittlawoffices.com/blog/what-to-do-if-involved-in-hit-and-run-accident/
via https://www.truittlawoffices.com/