Avoid These 7 Personal Injury Claim Mistakes At All Costs

Getting injured is not cheap. Believe it or not, the average cost of a trip to the emergency room runs anywhere from $150 to $20,000 depending on the severity of your injuries.

Even a minor accident can put a huge strain on your budget, but that doesn’t mean you have to settle for a small payout from the insurance company. If someone else caused the accident, you could have a personal injury claim that needs to get settled in court.

Though every case is different, there are some common mistakes you should always try to avoid. Here are a few mistakes that can keep you from getting the most out of your claim.

1. Not Seeing Your Doctor

Medical care is expensive, even if you have insurance. But not going to your doctor after your injury can derail your personal injury claim quickly.

Think of your medical treatment as a way to establish proof of your injuries. Your doctor keeps detailed records of everything appointment you make and every treatment they prescribe.

This helps detail the severity of your injuries and shows just how much money your recovery will cost. But most importantly, it helps speed your recovery.

Personal injury lawsuits can help you get the compensation you deserve. They can’t help you heal any faster—only your doctor can do that.

2. Throwing Away Key Information

Most successful personal injury claims have supporting documentation showing just how bad the accident was. This can include pictures, witness statements, police reports, and insurance company estimates.

Throwing any of that information away can make it harder to have a successful personal injury claim, especially if you end up in court.

Instead of throwing things away because you seem to be on the mend, put all of that information in a safe place. Create a designated file or folder and keep it on-hand in case you decide to file a lawsuit against the responsible party.

The more documentation you have, the easier it will be for your attorney to represent your case.

3. Not Hiring an Attorney

When you’re injured, your main priority is getting better as fast as possible. This means it’s tempting to dismiss the accident and focus on your recovery.

Unfortunately, this can mean you’ll end up paying more than you should for the damage suffered.

If you’re thinking about suing the person responsible for your injuries, don’t just daydream about it. Hire an attorney and let them represent your case.

They’ll work for you, not the insurance companies, to make sure you get the money you deserve.

4. Signing the Wrong Documents

Throughout the claim process, you’ll get asked to sign a lot of paperwork. With so many documents getting sent your way, it’s easy to stop paying attention to what they say.

But if you’re not careful, you could end up signing away your right to sue the responsible party.

Whenever you’re given a form, a release, or offered a settlement, make sure you read the documents thoroughly. If anything looks strange or you have questions about what those documents say, speak with your attorney.

If you sign your right to sue away, your claim will get dismissed immediately. Worse, you won’t have the chance to reopen the case if your injuries grow worse over time.

5. Thinking You’ve Waited Too Long

In Indiana, you typically have two years to bring a personal injury claim to court. But there are always exceptions.

If you think you’ve waited too long and haven’t filed a claim, don’t give up hope. Speak with an attorney to determine whether the case is still valid or if the statute of limitations prevents you from suing.

Every case is different and some personal injuries may not be noticeable until well after the accident. Your attorney will be able to tell you if you still have a case. If you do, they’ll help you start the filing process and can take the stress out of going to court.

Remember, most initial consultations are free. You won’t have to pay to find out if you have a case and if you do, you’ll be better prepared to decide how you want to handle things.

6. Looking at Fault Too Narrowly

There may be more than one party liable for your injuries. If you focus on the one you know, you could be missing out and may end up getting a lower settlement amount than you deserve.

Broaden your scope and start thinking about the other factors that might have played a part in the accident.

If more than one party is at fault, the amount you could get out of the settlement may be higher than you thought. This could make the difference between just getting by after your accident and making sure you have enough to cover the full cost of your treatments.

7. Focusing Solely on the Physical Damage

During your recovery, you’re focused on the physical injuries you suffered. These are the ones that cause the most noticeable pain and keep you from living the life you’re used to. But they’re not the only injuries you suffer.

It’s always worthwhile to look at the emotional damage done by the accident when deciding how much you want to ask for in the settlement. In some cases, emotional pain may even be more severe than the physical discomfort.

Neglecting that aspect of the case is one of the worst things you can do.

Do You Have a Personal Injury Claim?

If you’re injured in an accident that you’re not at fault for, you likely have a personal injury claim. Don’t accept what the insurance company offers you as a settlement without finding out if you deserve more.

Contact the team at Truitt Law Offices and schedule a free consultation. Their attorneys will work for you get the compensation you deserve.

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9 Mistakes That Can Ruin Your Car Accident Lawsuit

There are over 6 million car accidents every year. Many of these car accidents turn into lawsuits further down the road.

But even a few simple mistakes can ruin your car accident lawsuit.

We’ve put together this guide to help you know what you should and shouldn’t do during your case.

1. Lying

Lying won’t do anything to help your case.

You might think exaggerating your injuries or the damages to your car will get you more benefits. But the court does its research. They’ll find out if you’re lying, and when this happens, you might not be able to get any benefits at all.

In fact, putting false information on your insurance application can actually void your entire claim.

But fortunately, this is an easy mistake to avoid. Always be honest with your lawyer about what happened during and after the car accident.

2. Not Getting a Police Report

When the police arrive at the scene of the car accident, one of the things they should do is create a report. If, for some reason, they don’t fill out this document on their own, make sure you ask them for one.

You should then get a copy of this police report (which is something your lawyer might do for you). This report can be an important piece of evidence for your lawsuit.

3. Skipping Your Doctor’s Appointments

You should always visit your doctor after a car accident. If you’re in a lot of pain or have a serious injury, you may want to head to the emergency room instead.

Don’t skip these appointments.

You won’t notice any symptoms for some car accident injuries until a day or two after the accident, such as whiplash. Because of this, you should go to the doctor, even if you feel fine.

Skipping appointments can reflect negatively on your case. It can make people think you aren’t actually as hurt as you claim.

Besides, your safety and health should be your top priority after a car accident, so make sure you show up for every doctor’s appointment you scheduled.

4. Not Telling Your Doctors Everything

When you’re at the doctor’s office, don’t skip over even the smallest detail.

You should tell your doctor about everything that happened during the accident. Make sure you let them know about any amount of pain or discomfort you’re feeling, no matter how small.

Remember, many car accident injuries won’t show up until a day or two after the accident. Something you think is a minor discomfort now can turn into a serious injury later.

Don’t be afraid of sounding silly.

This isn’t a time to mince words. It’s better to share everything than miss something and suffer the consequences later. This will also give you a record of every potential injury, which can prove they were a result of the accident.

5. Not Taking Pictures

Do your best to gather as much evidence as possible.

Did you get a bruise or a broken bone from the accident? Take a picture.

Did your car get dented or damaged? Take a picture.

Did some of your personal belongings get ruined during the accident? Take a picture.

If you don’t feel comfortable taking these pictures yourself, you can talk to your lawyer about it. They can send a professional photographer to do the job for you.

Forgetting to take pictures means you might not have enough proof to back up your claims.

6. Getting Rid of Evidence

Just as it’s important to gather evidence, make sure you don’t get rid of any important evidence.

This might seem obvious, but it’s easy to accidentally make this mistake.

For example, if you broke one of your bones during the accident and got a cast, it can serve as proof of your injury once you take it off. So don’t let the doctors throw it away.

You should also save any pill bottles or prescriptions you got as a result of the accident.

7. Talking to Other People About Your Case

Never talk to other people about your case, including friends and family.

Certain people, like defense lawyers or insurance adjusters, may try to contact you during your case. But don’t tell them anything. They can use anything you say against you later.

This also means you should keep any information about your case off social media. Defense lawyers will probably check out your social media accounts during a trial, and they can also use anything they find against you in court.

8. Signing Anything Without Talking to Your Lawyer

Never sign any forms from anybody without talking to your lawyer. Otherwise, you may not understand what you’re signing, and it can cause you to lose your case.

9. Making Mistakes When Filling out Forms

You’ll have to fill out a lot of different forms during your car accident case. You should always talk to your lawyer before working on any of these forms. Even a simple mistake can ruin your case.

That’s why it’s always better to hire a lawyer instead of trying to handle your lawsuit on your own.

Poor Communication With Your Lawyer During Your Car Accident Lawsuit

One of the biggest mistakes you can make during your car accident lawsuit is hiring a lawyer who doesn’t communicate with you.

After all, this is your case. Your lawyer should keep you in the loop, so you need to make sure you hire a reputable lawyer you feel comfortable with.

Not sure where to look? We can help. Make sure you click here to get in touch with us today!

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Deadly Car Accidents in Indiana

Indiana’s traffic fatality rate is 13 in 100,000 as of 2017. A greater percentage of fatalities occurred in non-urban areas, potentially due to higher speed limits. Unsurprisingly, the risk for fatality increases for younger drivers, drivers and passengers not using seat belts, drivers exceeding the speed limit, and motorcyclists. Although Indiana is far from the most dangerous state for drivers, the risk is very real.

 

Wrongful Death Claims

If you’ve lost a loved one in a car accident, you may be able to recover some compensation to help you pay for the medical bills, funeral expenses, and other financial impacts of your loss. If your loss resulted from wrongful death, then the at-fault driver can be held liable for these expenses. A claim for wrongful death is essentially a personal injury claim for situations in which the victim is deceased. Before you can work to recoup some of the financial costs of your loss, you must be able to prove that the defendant is at fault for the car accident. Common examples of situations in which the other driver can be held liable include:

• Driving under the influence
• Speeding
• Failing to obey traffic signals

Even if the other driver was not ticketed, your attorney can still help you to show that the defendant was at fault. Police reports, as well as any other documentation you can provide related to the accident, will be essential for the claim.

 

Who Must File?

Once you determine that your loved one’s accident was caused by the wrongful actions of another person, you will want to begin the process of filing a wrongful death claim. Wrongful death claims have to be filed by the personal representative of the deceased’s estate or, in the event of a child’s death, by the parents. However, the beneficiaries of any damages will typically be the surviving spouse, children, or dependents. In many cases, the estate representative is also a relative and dependent of the deceased. Therefore, it is essential to have an experienced personal injury attorney to help you with the requisite paperwork and evidence to support your claim.

It is important to note that any criminal case pertaining to the accident will not substitute for a wrongful death claim. In cases in which the defendant broke the law, the criminal case pursued by the state will not benefit the estate, so you will still need to file a separate civil case. Although the two cases are not dependent on each other, your civil case can use evidence and results from the criminal case to help prove your claim.

 

Contact an Attorney

During this difficult time, it is important to have an experienced Indianapolis Car Accident attorney working with you to make sure that those left behind are able to pay for medical and burial expenses, as well as to recover some of the lost wages the deceased would have provided. No amount of money can replace your loved one, but you can reduce the financial impact of your loss and, thus, your stress. Contact the attorneys at Truitt Law Offices today to schedule a consultation.

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Indiana Car Accident Statistics

The odds that you will get into a car accident over the course of your driving life are very high. As Forbes reports, the average American driver should actually expect to get into at least once accident every 18 years. While many accidents are minor “fender benders,” the reality is that many crashes result in life-changing injuries and deaths.

At Truitt Law Offices, our Indiana personal injury attorneys know that handling a car crash case from start to finish means more than just moving the paper. It means helping a person and a family to get through a crisis. It means carefully tracking medical care and making sure that loose ends are being timely resolved. And it also means fighting to protect a client’s rights and interests when dealing with insurance companies that want to avoid paying anything at all to victims.

Here, to provide some perspective, we provide an overview of recent car accident statistics in Indiana. To discuss the specific facts of your case, please feel free to contact us for a free consultation through one of our offices in Fort Wayne, Huntington or Indianapolis.

What Causes Car Crashes in Indiana?

According to the Indiana University Public Policy Institute, there were 219,112 car accidents in the state in 2017 alone. These crashes caused:

• 911 deaths (up from 821 fatalities in 2016)
• 50,042 non-fatal injuries (down from 51,730 in 2016).

While crashes can occur for a variety of different reasons, four of the leading ones in Indiana are:

• Alcohol – According to statewide statistics, 6,470 individuals were involved in collisions with an impaired driver in 2017. In other words, alcohol served as a factor in almost 3 percent of all auto collisions in the state. The sad reality is that many of these crashes involved drivers who had been previously cited for driving while under the influence of alcohol or drugs.
• Speed – In 2017, there were a total of 28,929 people involved in collisions where speed was a factor. This represents roughly 8 percent of all auto accidents in Indiana. In fact, 23% of all fatal collisions were at least partially attributable to a driver’s excessive and unsafe speed.
• Distraction – During 2017, there were 10,738 collisions attributable at least in part to distractions of some sort. This represents almost 5 percent of all crashes. It’s important to note that distractions can include just about anything that takes the driver’s concentration, hands or eyes off the task of driving. Distractions can include cell phones, GPS, reading, passengers, talking on the phone or outside distractions.
• Reckless or aggressive driving – Finally, it must be noted that many accidents are caused by angry and reckless drivers who simply don’t care about the safety of others. They drive fast, tailgate cars in front of them, whip in and out of lanes of traffic and may even become violent or engage in “road rage.” In fact, in 2017, the following five types of driver misconduct played a role in more than half of the crashes that occurred in our state:

Factor                                                    Crashes

Following too closely                               39,569

Failure to yield right of way                    35,752

Unsafe backing                                        20,029

Unsafe lane movement                          10,213

Disregarding traffic signal or signs         7,716

 

Are Fatal Crashes on the Rise in Indiana?

Since 2014, there has been a steady upward trend in the number of traffic fatalities in Indiana. As the Indiana University Public Policy Institute reports, between 2014 and 2017, the number of traffic fatalities rose by 22 percent:

  Year                                  Deaths

2014                                       745

2015                                       816

2016                                       821

2017                                       911

Motorcycle Crashes in Indiana

Each year, motorcycle riders and passengers are injured in disproportionate numbers, largely due to the nature of riding. Without any protection except clothing and a helmet, motorcycle riders and passengers are always at a greater risk. So, when others on the road don’t follow the rules, it can be catastrophic.

From 2013 to 2017, the number of motorcycle collisions and fatalities seemed to decline slightly. However, there was an extreme spike in deaths between 2016 (100 deaths) and 2017 (147). This marked a 40 percent increase in a single year. Non-fatal injuries went down by about 2 percent over this time period.

Most notably, of all the Indiana motorcycle riders and passengers who were involved in collisions in 2017, a total of 67 percent suffered injuries, and 4 percent died.

Indiana Pedestrian Accidents

It can be difficult to track pedestrian injuries, because the data often labels pedestrians as merely “non-motorists.” So, bicyclists, pedestrians, scooter riders and many others sometimes get lumped into the same statistics. However, according to Indiana crash stats for 2017, pedestrians and so-called “pedacyclists” or people riding non-motorized cycles of some form, accounted for less than 1 percent of all traffic accident victims. Remarkably, they accounted for as much as 13 percent of all fatalities. Between 2016 and 2017, the number of pedestrian deaths rose from 4.3 percent to 6.1 percent, marking a significant increase in just a single year.

Dealing with Injuries After a Traffic Collision

After you have been involved in a traffic accident of any kind, one of your steps should be to get medical attention. There is little to no harm in going to the hospital for a quick evaluation. If you have suffered serious injury, then you will be in a much better position to get the treatment you need and move on with your life. In some cases, early identification of injuries can lead to shorter treatments and could potentially save your life. Timely documentation of your injuries also will play an important role as you seek compensation from the at-fault driver.

Get Help from Our Indiana Car Accident Attorneys Today

At Truitt Law Offices, our experienced attorneys provide free consultations, and we never charge any costs or fees unless we secure compensation for our clients. Ultimately, our goal is to let our clients focus on the things that matter the most to them like their health and their family, while we take cover of all aspects of their case. To discuss how we can help you after a car accident, call or reach us online today.

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What You Need to Know About Reporting Dog Bites

The Indiana State Board of Animal Health requires that all animal bites be fully investigated. This investigation must include the circumstances surrounding the bite, the rabies vaccination records of the animal, and the animal’s owner. However, you do not necessarily need to report the bite directly to the Board of Animal Health.

To whom you report the bite depends on its severity. If you have suffered severe injury, dial 9-1-1 and inform the dispatcher and responding officers and paramedics of the bite. The responding officers will contact animal control and handle the reporting requirements.

If you are not in immediate danger, be certain to collect as much information on the dog and owner as possible. Then, report this information when you visit the emergency room for treatment. The doctors and nurses will ensure that the proper paperwork is filed.

 

Dog Bites Call for Legal Representation

Even if the bite seems minor, be certain to report the bite and seek medical treatment. Dog bites can carry serious diseases, such as rabies, and the state requires tracking of dog bites for public safety. You can report bites directly to the county health department, where you will also receive the necessary testing and treatment to ensure that you remain healthy.

Some dog bite victims worry that the dog’s owner will face criminal charges or that the animal will be put down. However, owners are only charged if they were reckless or failed to follow leash laws. The dog will also not necessarily be quarantined unless it is behind on rabies vaccinations, and will only be put down if there is no owner and the dog is ill.

 

Dog Bite Liability

Dog bites can be expensive to treat, particularly if follow-up testing and vaccinations are required. You may not have to bear that financial burden alone, though. Under Indiana law, the liability for a dog bite generally lies with the owner. The law dictates that the owner is liable for all damages suffered by the bite victim in situations in which:

• The dog is not provoked
• The bite victim is in a location where he or she is legally required to be to carry out government duties, including postal workers

This law applies even if the dog has no history of violence and the owner has no knowledge of past viciousness. However, liability in cases in which the victim did not have an official, legal reason for being on the premises can be trickier. If there is a leash law in place and the dog was not restrained or if the dog ventures onto another’s property and bites unprovoked, the owner can still be held liable. The key to dog bite liability is typically provocation. Be certain to document the circumstances surrounding the bite in detail to show that you did not provoke the dog in any way.

 

Contact a Indianapolis Dog Bite Attorney

If you have been bitten and need help filing a report or collecting damages, contact a Indianapolis Dog Bite Attorney at Truitt Law Offices today. Our attorneys have experience in dog bite cases can help you to file the report properly and collect the compensation you need to pay your medical bills.

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Winning the Case: 9 Tips for Maximizing Your Personal Injury Compensation

Accidents happy in everyday life, they move you forward and help you learn to be more cautious in similar scenarios down the line.

However, sometimes accidents cause serious injury… injuries so detrimental to your health that you’re unable to perform day-to-day operations.

In instances like that, it’s worth seeking every ounce of compensation. That way you can make sure you and your family are secure during your rest.

There are steps you should take the moment the injury occurs in order to maximize your personal injury compensation.

Listed below are 9 ways you can ensure the maximum coverage while you get some much-needed recovery.

1. Stockpile the Evidence

Regardless of how ambitious or reserved your compensation request is, both the jury and the defendants are going to demand legitimate evidence of your claim.

The jury bases its decision solely on the evidence that you can provide.

The defense party will even base their settlement amount on the strength of your evidence for the claim.

As soon as the injury occurs, make sure to take out your mobile phone and catch a few pictures of when and where the accident took place. Also, if you can, try to take a picture or two of the injury itself.

If anyone was around while it happened, be sure to take down their name as well as a phone number and email address to get in contact with.

Your attorney will have their own methods of gathering evidence. But, anything that you can provide at the scene of the accident will be strong evidence they can use in your case.

2. Seek Treatment/Rehabilitation

One of the biggest things that you want to be covered when an injury occurs is the amount it will take to pay for treatments and/or rehabilitation of your injury.

Realistically, the only way you can expect to receive that compensation is by firm documentation of the treatments you received.

Treatment documentation solidifies your claims as a legitimate injury and will force the other party to make a higher settlement offer.

Don’t cheap out on your treatment, listen carefully to the procedures your doctor suggests and take that course of action. Whether it’s physical therapy, medication, or frequent check-ups, be diligent in following up.

3. Exhaust Your Claim Options

It’s important to note that some injuries may not pop up until days, maybe even months, after the accident. Try to take thorough notes of the repercussions you notice and inform your attorney of all of them.

Depending on what the accident was, you can also be compensated for the emotional damage.

Your personal injury attorney will have a thorough understanding of the damages you qualify for.

The most common mistake that people make when filing a personal injury claim is assuming they only have one type of damage available. Keep an open mind to all the types of damage you qualify for.

4. Have Patience

It’s possible that you receive an offer almost immediately after filing for personal injury compensation.

More often than not, that’s a check offer to try and stop the case for proceeding further… meaning you shouldn’t take it. It’s not likely to be a significant offer upfront, so you may be costing yourself more compensation by accepting it.

This is a great way to show the other party that you have your eyes set on the long haul. Meaning that you are willing to wait it out until they meet your expectations.

5. Be Prepared to Explain Yourself

If you decline a settlement offer, the other party won’t just concede defeat and go back to the drawing board. They’ll want to know why.

This doesn’t mean you should show your hand, but you need to be able to explain why their offer isn’t sufficient. You’ll also need the evidence and documentation to back it up.

You won’t have to go this part alone, your attorney can help communicate the necessary measures of a fair settlement and the evidence you have to the other party so that you don’t have to.

6. Prepare for Trial

So, the settlement offers up to this point haven’t been close and you need to resort to other means of maximizing damages… what now?

Time to build your case and be ready to go to trial.

Granted, the other party could still offer a fair settlement at any point to stop the case from going to trial… but you and your attorney need to plan for one just in case.

Your attorney will do the dirty work of conducting depositions and requesting records/evidence.

They will be the ones using their expertise to instruct you on the next steps and have you ready for anything.

7. File Your Case as Soon as Possible

Did you know you only have a certain amount of time to file your case after the injury occurs? The Indiana Statute of Limitations states that you only have 2 years to file a personal injury case.

While that may sound like a lot of time, it’s not. In fact, a personal injury lawsuit can last 2 to 3 years.

Needless to say, it’s better to play it safe and file the case as soon as you can.

8. Keep a Low Profile

One of the most common mistakes that people make during a trial of any kind is posting things on social media that can be referenced in the other party’s case.

Don’t give them any ammunition.

If your personal injury claim states that you have severe damage done to your leg, don’t post a video of your progress to running again.

It can be used against you and, ultimately, ruin your case.

9. Be on Your Best Behavior

One of the best things you can do for yourself if your case goes to trial is making a positive impression on the jury.

They’re only human, so your demeanor and personality will all play a factor of some sort in their decision.

Be on time to the courthouse, dress to the “t”, be respectful to everyone in the court while the trial is proceeding, etc.

Optimize Your Personal Injury Compensation Today

The injuries you’ve received while on the job or at a certain location are nothing short of a tragedy. It’s time to maximize your personal injury compensation.

Be sure to read this article on questions to ask the personal injury attorney you hire. This will get you information on the values and shared goals that you should look for.

For more inquiries, please give us a call at 260-471-1022.

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Car Accident Injuries and Liability

Being involved in a car accident is never easy, but when you’ve been injured, the difficulties mount. In addition to dealing with vehicle repairs, you may also be facing mounting medical bills and time off work. In the case of head injuries, in particular, you may be unaware of the injuries at the time of the accident, leaving you scrambling to seek compensation after the accident.

 

Collecting Compensation via a Personal Injury Claim

With your mounting medical bills and inability to work, you will likely need to seek some form of compensation. You can pursue insurance claims to help you to pay your accident-related bills, including medical bills, lost wages, and pain and suffering. The insurance company will likely offer you a settlement. Remember that the goal of an insurance settlement is not to give you all of the money that you need, but to settle in a way that minimizes expense to the insurance company. Therefore, it is likely that the insurance company will offer you a settlement that’s less than what you need. While it will be tempting to accept the payout, it’s time to pursue a personal injury claim in court.

Just as in any legal case, you have the option to represent yourself in court. However, it is unwise to do so in a personal injury suit after a car accident. The insurance company will have skilled, experienced attorneys working against you. These attorneys will push to prove that you were at fault for the accident, that your injuries were not caused by the accident, or to otherwise discredit you and dismiss your case. You will be forced to demonstrate that you were not at fault, which can be difficult and complicated.

 

Establishing Fault

One of the most difficult, and most important, portions of your personal injury claim will be establishing who was at fault for the accident. To collect compensation for any damages you suffer in an accident in the state of Indiana, you must be found to be 50 percent or less at fault for the accident and, therefore, the causes of your injuries. This means that you will need to provide evidence, such as:

• Your own detailed account of the accident
• Police reports
• Photograph and video surveillance
• Witness statements and contact information
• Medical records
• Pay stubs showing missed work and pay

Ideally, you will work with your attorney to prove that you were not at fault. In many cases, though, you will be found at least partially at fault. Under Indiana law, your compensation will be reduced by your degree of fault. For example, if you are found to be 20 percent at fault while seeking $10,000 in damages, you will only be eligible to collect $8,000.

 

Contact an Attorney

If you’ve been involved in a car accident, do not try to navigate the complicated claims system alone. You’ll want an experienced Indianapolis Car Accident attorney at the Truitt Law Offices by your side to help you collect the compensation you need to get back to your life. Contact us today to schedule a consultation.

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What Is the Seat Belt Law in Indiana?

When a vehicle traveling at even a slow speed comes to an immediate, complete stop as in a car accident, it can send occupants flying forward, toss them about the cabin or, in the worst cases, eject them from the vehicle. For this reason, it is vitally important for people to wear their seat belts and put their children in proper safety seats when they are driving. It just makes sense.

Wearing a seat belt is also a matter of law in Indiana and throughout the country. Here, we take a closer look at those laws for adults and children. We also discuss how wearing a seat belt could affect your personal injury claim if you should ever get involved in a car accident. Talk to an experienced Indiana personal injury attorney to know more information about Seat Belt Law in Indiana.

The Basics of Indiana Seat Belt and Child Restraint Laws

Under Indiana law, any occupant of a motor vehicle who is age 16 or older must be properly restrained in a seat belt. The law applies to drivers and all passengers, regardless of whether they are seated in the front or back of the car. It also applies regardless of whether you are riding in a standard passenger vehicle or a pickup truck.

Indiana’s seat belt law is a “primary” enforcement one. In other words, a law enforcement officer can pull you over if the officer has reason to suspect that you are not buckled up as the law requires. If you are found to have violated the law, then you can get a ticket for a Class D infraction. Even though this violation won’t add points to your driving record, it could result in a $25 fine.

Additionally, under Indiana law, any adult who operates a motor vehicle with a child who is younger than age 8 must ensure that the child is properly restrained in a “child restraint system” according to the manufacturer’s instructions. The only exceptions to this requirement are:

• The child weighs more than 40 pounds, or
• The adult has a certificate from a doctor stating that it would be impractical to restrain the child in a child safety seat due to the child’s physical or mental condition.

If the child is between the ages of 8 and 16, the child must be restrained in a child safety seat or a seat belt, regardless of where the child sits in the car. As with the seat belt law, a violation is a Class D infraction that carries a $25 fine, but it won’t lead to points on the adult’s driving record.

If a law enforcement officer issues you a ticket for violating the child restraint law, you can avoid a fine by going to court and showing the judge that you have since obtained a child restraint system. If you have not obtained one by your court date, a judge may issue an order that gives you 30 days to comply with the law.

Why Should You Use Seat Belts and Child Safety Seats?

It’s a fact: Seat belts save lives. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that seat belts saved almost 15,000 lives in 2017 alone. Fortunately, in Indiana, most people understand the importance of buckling up when they get behind the wheel.

According to the Indiana University Public Policy Institute, between 2008 and 2017, the rate of seat belt use in our state among passenger vehicle occupants rose slightly from 91 percent to 93 percent, which is three percentage points above the national rate. However, seat belt use in pickup trucks is not as high as among those in passenger vehicles, with only 84 percent of occupants following the law.

What Are the Best Practices for Child Safety Seats?

The NHTSA and American Academy of Pediatrics (AAP) suggest that parents keep their children in car seats for as long as the child fits the manufacturer’s weight and height limits. They also make the following recommendations based on the child’s age:

• Birth to 12 months – Parents should put the child in a rear-facing car seat.
• 1 to 3 years – Until the child reaches the car seat manufacturer’s height or weight limit, parents should keep the child in a rear-facing seat.
• 4 to 7 years – The child should stay in a forward-facing car seat until the child reaches the manufacturer’s height or weight limits. If the child outgrows the car seat, the child should be moved to a booster seat.
• 8 to 12 years – Until the child can fit properly in a seat belt, the child should stay in the booster seat. Generally, the child should be at least 4-foot-9 before the child switches out of the booster seat.

When mounting a car seat, you should always use the installed anchors that are built into the vehicle. Although some older vehicles may not have anchors, these are the best choice. Likewise, if you use a booster seat that does not have a back, you should be sure that the seat is equipped with a headrest that is height appropriate. You do not want to create a situation where the child’s neck and head are above the seat back. This can lead to severe head and neck traumas in an accident.

Can Failure to Wear a Seat Belt Affect Your Car Accident Claim?

Indiana does not permit what is known as the “seat belt defense.” In other words, a defendant in a car accident lawsuit cannot argue that the victim should not be compensated because he or she was not wearing a seat belt. Regardless, you will be better off if you wear your seat belt and make sure that your child is always either wearing a seat belt or using a car seat.

Get Help from Our Indiana Car Accident Attorneys Today

Auto accident injuries can leave families devastated and suffering for months or even years after a crash. If you or a loved one are dealing with the pain and financial fallout of a car accident in Indiana, give Truitt Law Offices a call today. With offices in Indianapolis, Huntington, and Fort Wayne, we are here when you need us. Our consultations are always free and confidential.

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