How Do I Get a Police Report for a Car Accident in Indianapolis?

If you’ve been involved in a collision in Indianapolis, you can purchase a copy of your official accident report through the Indiana State Police’s repository or from the local police department that responded to the scene. Reports filed by Indianapolis Metropolitan Police Department officers can be purchased in person at 50 N. Alabama St., E100l, Indianapolis, IN 46204 for $12. You can also buy a copy of your accident report online at BuyCrash.com.

How to Obtain a Copy of Your Accident Report Online

If you wish to purchase a copy of your accident report online, the Indiana State Police has made electronic reports available through the BuyCrash.com website for a small fee. To get a copy of this report online, you’ll need to provide the following information:

• The date and location of the collision
• The state and law enforcement jurisdiction where the accident occurred
• Your first and last name
• The report number (if given to you by a responding police officer)

How Your Accident Report Can Help Your Personal Injury Claim or Lawsuit

The official accident report will often prove to be a vital document if you are planning to file a claim with your own insurance company or if you need to file a personal injury claim against the person who caused the crash.

When police officers respond to the scene of an accident, they will create and file the report. This report will include information including:

• Descriptions of damage to the vehicles and a diagram of the crash
• Any citations or arrests made at the scene
• Preliminary report detailing how the collision happened, based on the initial investigation
• Verification of insurance for both parties, or confirmation if one or both parties is uninsured
• Description of injuries suffered (if any)

Because the police report is an official document, it can be powerful evidence that could bolster your case for compensation. It will establish the facts of what happened, could indicate who was at fault, and will include relevant information that your attorney and the insurance companies will use when evaluating the case. It could also prevent the other side from claiming you were at fault.

When Your Accident Report Doesn’t Prove the Other Driver’s Negligence

What if the accident report doesn’t clearly state that the other driver was negligent? In some instances, it might be unclear to the responding officer what happened or who was to blame. When this happens, don’t despair. It is still possible to prove that you are owed compensation from the other party, even if the official accident report doesn’t help with your claim.

After an accident, it’s always a good idea to gather as much evidence as possible. This includes the names and contact information for any eyewitnesses who saw the crash. An objective account from a third party who saw what happened can be compelling evidence for your injury claim.

You should also take pictures and videos of the vehicles, your injuries, and the accident scene after a crash. Photographic and video evidence could help show what happened, particularly if you can capture the scene from multiple angles, get shots of skid marks on the road, road signage, and the conditions at the time of the accident.

You should also hire an experienced attorney to represent you as soon as possible after a collision in Indianapolis. Your lawyer will conduct a thorough investigation into the crash and will work to secure evidence before it is lost, cleaned up, or destroyed. The sooner you hire a lawyer, the stronger your case will likely be, since they will have adequate time to determine what happened before the evidence is gone and eyewitnesses’ memories fade. Additionally, your lawyer may hire experts such as accident reconstruction specialists who can create graphics that show how the crash likely occurred.

Having a police report that clearly assigns blame to the other party is convenient to have but is not always the only way to prove that you deserve compensation after a crash. With an experienced car accident lawyer on your side, you could still recover what you’re owed.

Even if You Were Partially at Fault, You Could Seek Compensation

Indiana is a “fault” state regarding car accident injury and property damage claims. This means that if a motorist is found to be at fault for a crash, the other driver can seek compensation for their injuries and losses, including:

• Medical expenses
• Vehicle repairs or replacement
• Lost wages
• Pain and suffering

To award compensation, each party’s level of fault must be determined. A driver will be responsible for paying the other party based on their percentage of fault for the crash. Indiana follows a “comparative negligence” doctrine, also referred to as the “51 percent rule” when it comes to fault after an accident. This means that you are eligible to receive compensation if you are partially responsible for a collision, as long as you are 50 percent or less to blame. If you are found to be 51 percent or more to blame for the accident, you will be barred from recovering compensation.

So, if your total compensation would have been $100,000, but you were found to be 40 percent responsible for the crash, your award would be reduced by 40 percent. Therefore, you would ultimately recover $60,000.

Contact an Indianapolis Car Accident Attorney Today

If you were injured in a car accident in Indianapolis, don’t trust your injury claim to just any law firm. For more than 40 years, the car accident lawyers at Truitt Law Offices have fought for the rights of those injured in collisions in Indianapolis and across Indiana. If you need assistance getting a copy of your crash report, we can help. We want to hear your story and how the crash has affected your life, so call us or reach out to us online for a free consultation today.

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What Are the Most Common Causes of Truck Accidents in Indiana?

Truck accidents are a frequent occurrence on Indiana roads and highways. In one recent year, the state saw nearly 15,000 accidents involving large trucks, according to the Indiana University Public Policy Institute. How do these accidents happen? The truck accident lawyers of Truitt Law Offices are here to discuss the most common causes of truck accidents in the Hoosier State and how fault is determined in injury claims.

Most Common Causes of Indiana Truck Accidents

In Indiana, some of the most common causes of truck accidents are related to truck driver error. This may take the form of ignoring traffic lights or signs, not preparing the truck or cargo for travel, or driving recklessly.

Some of the common causes of truck crashes our attorneys see are:

• Impaired driving – Truck drivers sometimes turn to alcohol or drugs to help cope with the stress of long days on the road or stimulants to stay awake.
• Fatigued driving – Truck drivers can spend many hours a day on duty and behind the wheel. While regulations limit their hours, drivers still risk becoming drowsy behind the wheel, especially when they exceed the legal hours-of-service limits.
• Reckless driving – Drivers often must meet tight delivery schedules. They sometimes resort to reckless driving behaviors like tailgating or swerving through traffic to meet their deadlines.
• Distracted driving – Commercial trucks are much more complicated than regular passenger vehicles. Truck drivers can also become bored during long hours on the road and may become distracted by smartphones, radio shows, sights along the road, or daydreaming.
• Inexperienced truck drivers – When a truck driver lacks training and experience, they are much more likely to make a mistake behind the wheel of a commercial truck, especially in an emergency.
• Speeding – Trucks require longer distances to slow down compared to passenger vehicles. These distances become even longer in bad weather or road conditions. Truck drivers should drive slower in bad conditions to safely avoid an accident.
• Not checking blind spots – Modern trucks are equipped with blind spot mirrors and monitoring sensors to help truck drivers know when other vehicles are in their truck’s blind spots. Not checking blind spots can lead to accidents when truck drivers make lane changes or turns.

Different Types of Truck Accidents in Indiana

Common examples of truck accidents in Indiana include the following:

• Jackknife accidents
• Wide turn accidents
• Blind spot accidents
• Underride accidents
• Cargo accidents
• Rear-end collisions
• Head-on collisions
• T-bone collisions
• Rollover collisions

No matter the type of truck accident, you may be able to recover compensation for your injuries. Contact the truck accident attorneys at Truitt Law Offices today to see how we can help.

Who Determines Fault in an Indiana Truck Accident?

After a truck accident, multiple parties may be at fault for causing the crash. First, a determination of fault may be made by police officers who respond to the scene and draft the police accident report. With enough evidence, the officer may provide their opinion on who’s responsible for the accident.

The trucking company may also conduct an internal investigation into a crash involving one of its vehicles. The trucking companies’ insurers and the insurers of other drivers involved will need to determine fault for the accident. This will help inform settlement negotiations if injured victims file claims for compensation. Insurance companies and attorneys may hire experts to prepare an accident reconstruction report identifying the parties at fault for the crash.

However, only a jury or judge can decide fault if a truck accident ends up in a lawsuit. While determining fault by the police or accident reconstruction experts can have value, only the court’s judgment can be legally binding.

However, truck accidents are more complicated than car accidents, as there are usually several parties that could be at fault. It can be difficult to investigate the accident, gather evidence, and negotiate with insurance companies while recovering from your injuries. An experienced truck accident lawyer can review your case and help determine fault so you can demand the compensation you deserve.

How Much Is My Truck Accident Case Worth?

In a truck accident claim, you may be entitled to recover compensation for expenses and losses that you suffered because of the crash. At Truitt Law Offices, we will pursue a financial recovery for you that includes money for:

• Medical and rehabilitation expenses, including emergency care, surgery, physical therapy, and prescriptions
• Costs of long-term care to help with permanent disabilities
• Loss of wages or income if you miss work during your recovery become permanently disabled
• Pain and suffering
• Loss of enjoyment and quality of life
• Repair bills for your car or the value of your vehicle if it was totaled in the accident

Contact Our Indiana Truck Accident Attorneys Today

Time is limited to take action after a truck accident. Contact Truitt Law Offices to speak with one of our experienced Indiana truck accident lawyers about your case. We have the skills and resources to take on the trucking company or their insurer, so let us stand up and fight for you.

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Damages for Wrongful Death Can Be Capped by Indiana Law

When someone else’s negligent or intentional actions cause the death of someone you love, the consequences often go beyond emotional trauma and grief over the sudden and unexpected loss. In addition to losing a person you love, you might also lose a critical source of income, a partner who shares household duties, and a caretaker for children or other dependents.

It can be especially devastating if someone you love dies unexpectedly due to another person or party’s negligence. But when this occurs, it may be possible to seek justice and fair compensation for your loss by filing a wrongful death lawsuit.

If you’re considering a wrongful death lawsuit, it’s natural to wonder, “Can damages for wrongful death be capped by Indiana law?” After all, how can you put a dollar value on the loss of someone’s life?

In Indiana, legislators have enacted multiple laws that regulate wrongful death lawsuits. To keep things fair for everyone involved, the amount of money available in an Indiana wrongful death lawsuit is subject to specific dollar limits known as “damage caps.” The damage cap for wrongful death cases in Indiana is $300,000, plus costs for medical, hospital, funeral, and burial expenses.

What Are the Limits for Wrongful Death Compensation?

The damage caps for wrongful death lawsuits in Indiana can vary depending on the specifics of the case. When an unmarried adult 23 years or older with no dependents suffers a wrongful death, the maximum amount of compensation their estate may recover is $300,000, plus costs for medical, hospital, funeral, and burial expenses. However, different damages caps may apply when:

• The deceased was a married adult or has dependents – If the wrongful death victim was married, had children, or had other dependents before they died, there is no cap on wrongful death compensation.

• The deceased was a child – Similarly, there are no compensation limits if the wrongful death victim was a child. Under Indiana law, a child is anyone under the age of 20 or an individual who is 23 years old or younger and enrolled in an academic program.

• The deceased was killed due to medical malpractice – If the wrongful death occurred due to medical malpractice, the damage cap is $1,800,000.

• The deceased was killed due to government negligence – If the wrongful death occurred due to government negligence, the maximum amount of compensation available from a government claim is $700,000.

 How Does Indiana Define “Wrongful Death?”

Indiana law defines a “wrongful death” as any death that results from another party’s wrongful act, negligence, or intentional behavior. The most common causes of wrongful deaths are generally similar to the causes of many personal injuries, such as:

• Motor vehicle accidents – The violent energy of a car, truck, motorcycle, bicycle, or pedestrian accident can cause serious injuries that result in immediate or eventual death.

• Workplace accidents – According to the Bureau of Labor Statistics, the most common causes of workplace fatalities include transportation incidents, slips and falls, acts of violence, and contact with objects or equipment.

• Unsafe premises accidents – Unsafe premises could lead to fatal accidents, often caused by dangerous walkways, inadequate security, toxic exposure, unattended hazards, or unrestrained animals.

• Medical malpractice – When doctors, nurses, or other medical providers are negligent, their malpractice can lead to deaths caused by infections, surgical errors, and other preventable tragedies.

• Unsafe product accidents – When consumer products such as household appliances, children’s toys, or pharmaceutical drugs are manufactured poorly, users can suffer fatal injuries or illnesses.

 What Is a Wrongful Death Lawsuit?

When someone dies due to another party’s actions or failure to act, the survivors of the deceased can seek justice by filing a wrongful death lawsuit. A wrongful death suit is like a personal injury lawsuit for which the injured party is no longer available. Since the victim cannot recover compensation themselves, any money awarded in a wrongful death lawsuit goes to the victim’s estate.

When the victim’s estate recovers compensation, the money can only be distributed to certain parties. First, any creditors with valid claims against the deceased must be repaid. Once lenders and other creditors have been paid, the remaining money in the deceased’s estate is divided among eligible heirs.

Survivors may choose to pursue wrongful death lawsuits whether or not the at-fault party is facing criminal charges. If the at-fault party is convicted of criminal wrongdoing, they may be subject to fines, loss of privileges, or even jail time. Regardless of the outcome of any criminal case, the at-fault party can be held liable in a civil wrongful death case and ordered to pay compensation to the deceased’s estate.

Who Can Bring a Wrongful Death Lawsuit?

Under Indiana law, only the personal representative of the wrongful death victim’s estate has the authority to file a wrongful death lawsuit. In most cases, the personal representative is the executor named in the victim’s will. Regardless of whether or not the victim left behind a valid will, any individual who wishes to serve as a personal representative must obtain approval from the court before administering the estate.

Although only the personal representative can file a wrongful death lawsuit, the representative is not necessarily the one who stands to recover compensation. State law only permits the following individuals to collect the money awarded in a wrongful death lawsuit:

• The surviving spouse of the deceased
• Any surviving children of the deceased
• Any surviving parents of the deceased
• Any other surviving dependents of the deceased

What Is the Statute of Limitations on Wrongful Death Lawsuits?

If you suspect you have grounds for a wrongful death lawsuit in Indiana, it’s essential to understand how the statute of limitations could impact your case. A statute of limitations is a law that limits the amount of time you have to take certain types of legal action.

In Indiana, the statute of limitations for wrongful death lawsuits is two years. If you attempt to file the lawsuit more than two years after your loved one dies, the court will most likely dismiss your case, and you will lose your right to claim compensation. That’s why it’s so important to work with a knowledgeable attorney who understands the law and can keep your case on track.

Contact an Indiana Wrongful Death Attorney Today

At Truitt Law Offices, our wrongful death attorneys have over 40 years of experience helping those who’ve lost loved ones due to negligence seek answers, justice, and fair compensation. Contact our compassionate team today to learn more about your legal options in a free initial case review.

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What Happens If Someone Dies While They Have a Lawsuit Pending?

When someone is injured due to another party’s negligence, they have the right to hold the negligent party accountable by filing a personal injury claim. If their claim is successful, the injured person can recover money for any personal or financial losses they suffered at the other party’s hands.

Unfortunately, sometimes a plaintiff (the person bringing the case) or a defendant (the person the claim is brought against) dies while a lawsuit is pending. When this occurs, the status of the existing claim can get complicated quickly.

Indiana has specific laws on the books that allow survivors to file a claim on behalf of an injury victim who passes away. However, many restrictions apply to these special cases, which are known as “survival actions” and “wrongful death claims.”

A survival action is a legal process that allows another person to begin or continue an injury claim on behalf of a deceased victim. When someone files a survival action, they essentially act as a substitute for the deceased, and any money they recover will go to the deceased person’s estate.

In contrast, a wrongful death claim allows certain eligible survivors to seek compensation for the losses they incur as a result of their loved one’s death. These losses include medical costs, funeral expenses, and burial expenses. If your loved one died with a lawsuit pending, a wrongful death attorney at Truitt Law Offices can explain your legal options. Contact us today for a free case consultation.

Does My Injury Claim End If the At-Fault Person Passes Away?

So, what happens if an at-fault party dies before you have time to resolve a personal injury claim against them? After all, the deceased person is still legally responsible for the injuries and other losses you suffered.

The good news is that it’s still possible to seek compensation. However, doing so will involve a few more steps. This is because you will effectively be seeking compensation from the deceased person’s estate. To get money from an estate, the estate must first go through a process known as “probate.”

During probate, the court reviews a deceased person’s estate to determine how their creditors will be repaid and how their assets will be distributed. When you pursue a claim against someone’s estate, you effectively become a creditor. This means you will need to wait for the deceased’s family to complete the probate process before you can claim money from the estate.

What If I Die Before My Case Is Resolved?

If you have grounds for a personal injury claim, such as a car accident insurance claim, what happens if you pass away before the case is settled? In most cases, the right to proceed with your claim will pass to your estate. When this happens, the personal representative who administers your estate will be able to file and settle the claim on your behalf.  Any compensation they secure will go to your estate. In other cases, your heirs will have the right to bring a claim.

What Happens When a Plaintiff Dies Before Settlement in a Civil Lawsuit?

When someone files a civil lawsuit, such as a personal injury lawsuit, they are known as the “plaintiff.” If the plaintiff in a civil lawsuit dies before the case is settled, the court will usually put the lawsuit on a temporary hold.

This temporary pause is intended to give the probate court the time it needs to appoint a personal representative for the deceased plaintiff’s estate. As soon as a personal representative is appointed, the representative can continue with the civil lawsuit on behalf of the plaintiff’s estate.

If the Plaintiff Dies for Reasons Unrelated to the Personal Injury Case

Suppose a plaintiff files a personal injury lawsuit against an at-fault party and then dies for reasons unrelated to their case. For instance, perhaps someone files a slip and fall lawsuit and then dies in a car accident soon after. What happens to their slip-and-fall lawsuit?

In this case, that person’s surviving family members would have grounds for a survival action on behalf of the deceased. If successful, they could recover compensation for losses incurred up to the plaintiff’s death. However, the estate would not have grounds for a wrongful death lawsuit in this case.

If the Plaintiff Dies as a Result of the Defendant’s Wrongful Conduct

Things are handled differently if a plaintiff dies as a direct result of the defendant’s negligence or wrongful conduct. For example, the plaintiff may have been injured in a car accident, went into a coma, and died two weeks later. When this occurs, the defendant can be held liable for both the injuries they caused the plaintiff as well as the losses the plaintiff’s family members incurred due to their loved one’s death.

This means the plaintiff’s surviving loved ones may have grounds for both a survival action and a wrongful death lawsuit. Any money obtained from a survival action would act as compensation for losses the plaintiff suffered before they died, and the money from a wrongful death lawsuit would serve as compensation for the survivors’ losses.

What Happens When a Defendant Dies Before Settlement in a Civil Lawsuit?

The defendant is the person who is being sued by a plaintiff. If the defendant in a civil lawsuit dies before the case is settled, the court will place a temporary hold on the lawsuit just like it would if the plaintiff died.

During this temporary hold, surviving family members of the deceased defendant must complete the process of probate in court. Once a personal representative is appointed to administer the defendant’s estate, the plaintiff can proceed with a lawsuit against the estate.

Contact a Personal Injury Attorney in Indiana Today

If your loved one recently passed away and left behind a pending lawsuit, it can be difficult to know how to proceed, especially while you’re still grieving. The Indiana personal injury lawyers at Truitt Law Offices are here to help. For more than 40 years, we’ve stood up for the rights of injured parties and their families. Contact our compassionate team today to learn more about your legal options in a free initial consultation.

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