Fort Wayne Car Accident Lawyer

Common Causes of Car Accidents in Fort Wayne and How to Avoid Them

Car accidents are a common occurrence in Fort Wayne and throughout Indiana. According to the Indiana Criminal Justice Institute, there were 219,154 motor vehicle crashes in Indiana in 2019. These crashes resulted in 821 fatalities and 52,174 injuries. Some of the most common causes of car accidents in Indiana include:

• Distracted driving, including texting, talking on the phone, and using social media
• Drunk driving and driving under the influence of drugs
• Speeding and reckless driving
• Failure to yield the right of way
• Running red lights and stop signs
• Poor weather conditions
• Vehicle defects and mechanical failure

To avoid being involved in a car accident, it’s essential to follow traffic laws and practice safe driving habits. This includes avoiding distractions, obeying speed limits, wearing a seatbelt, and maintaining your vehicle. But sadly, prevention measures are not always enough, and car accidents happen, resulting in serious and catastrophic injuries which can affect victims’ lives forever.

Who Can Be Held Liable for Your Fort Wayne Auto Accident?

Auto accidents are rarely straightforward. It’s easy to assume the blame falls on one person, but the truth is, many different factors can contribute to a crash. Knowing who might be held liable is key to building a strong claim and securing the compensation you deserve. At Christie Farrell Lee & Bell, we dig deeper to identify every possible responsible party—because sometimes, it’s not just about the driver.

Here are the parties who could potentially be held liable in a Fort Wayne auto accident:

• The other driver: The most obvious responsible party is often the other driver, particularly if they were speeding, distracted, driving recklessly, or under the influence. Their negligent or reckless behavior can make them directly accountable for your injuries and damages.
• Employer responsibility: If the at-fault driver was working at the time of the accident—like a delivery driver or a sales representative—their employer might also share the blame. Under Indiana law, companies can be held liable for accidents caused by their employees while they are on the job, adding another layer of responsibility to your claim.
• Vehicle manufacturers: Sometimes, it’s not entirely the driver’s fault. If a defective vehicle part or system malfunction contributed to the accident—like faulty brakes, a defective airbag, or tire blowouts—the manufacturer or supplier could be held liable. Defects in design, manufacturing, or failure to warn about potential risks can all be grounds for a product liability claim against the vehicle maker.
• Government entities: Poorly maintained roads, missing guardrails, unclear signage, or malfunctioning traffic signals can create hazardous driving conditions. In such cases, a government entity responsible for road maintenance or traffic management may share liability. However, these cases can be complex, requiring specific procedures and timely filing due to government immunity protections.

Having a skilled lawyer by your side can help you navigate the complexities of determining liability in an auto accident. We thoroughly investigate every aspect of the case to identify all responsible parties, ensuring that you understand your rights after a car accident.

What to Do After a Car Accident in Fort Wayne?

If you’ve been involved in a car accident in Fort Wayne, it’s essential to take the proper steps to protect yourself and your legal rights. Failing to take action after a car accident can negatively impact your ability to recover compensation for your injuries and damages and affect your case. 

Here are the steps you must follow if you are involved in a car accident:

1. Check for injuries and call 911

The first step after a car accident is to check yourself and others for injuries. If anyone is injured, call 911 immediately. 

Even if no one appears to be injured, it’s still a good idea to call 911 to report the accident and request police and emergency medical services if needed.

It’s worth mentioning that under Indiana law, you are required to report any car accident that results in personal injury, death, or property damage over $1,000 to the police within 10 days of the accident (Indiana Code 9-26-1-1). Reporting the accident helps to establish a record of the accident and can provide important evidence to support your case.

2. Seek medical attention

Even if you feel fine after the accident, it’s important to seek medical attention. Some injuries, such as whiplash and traumatic brain injuries, may not show symptoms immediately but can be serious and even life-threatening.

3. Document the scene of the accident

Take pictures of the accident scene, including any damage to the vehicles involved, skid marks, traffic signs and signals, and the surrounding area. This can help to establish who was at fault and support your case to prove negligence against the other party.

4. Exchange information with the other drivers

Exchange contact and insurance information with the other driver(s) involved in the accident. This includes names, addresses, phone numbers, insurance companies, and policy numbers.

5. Speak with witnesses and gather their information

If there were any witnesses to the accident, talk to them and get their contact information. Witness statements can help to establish what happened in the accident and can provide relevant evidence.

6. Contact a car accident lawyer

If you’ve been injured in a car accident in Fort Wayne, it’s important to speak with an Indiana based and experienced car accident lawyer as soon as possible. A lawyer can help you understand your legal rights and options, investigate the accident, and build a case to help you recover the compensation you deserve.

How Much Time Do You Have to File an Indiana Car Accident Claim?

In Indiana, you generally have two years from the date of your car accident to file a personal injury lawsuit. This time limit is established under Indiana Code § 34-11-2-4. We encourage you to reach out to us as soon as you can, as evidence can disappear, memories can fade, and witnesses can become harder to track down. The sooner you start your claim, the better your chances of building a strong case.

Proving Negligence After a Car Accident

To recover compensation for your injuries and damages after a car accident, you must prove that the other driver was negligent and caused the accident. Negligence is defined as a failure to use reasonable care, resulting in harm to another person. 

But the burden of proving negligence falls on the injured party, and this can be a complex and challenging process. Evidence that may be used to prove negligence includes eyewitness statements, police reports, and surveillance footage. Additionally, medical records and expert testimony from accident reconstruction specialists or medical professionals may also be used to support your case.

In Indiana, the law follows the comparative fault rule, which can affect the amount of compensation you receive. This means that if you were partially at fault for the accident, your compensation may be reduced proportionally. 

For example, if you were found to be 20% at fault for the accident and your damages totaled $10,000, your compensation would be reduced by $2,000. It’s important to note that even if you were partially at fault, you may still be able to recover some compensation. That’s why working with an experienced car accident lawyer can help you navigate these complex legal issues and maximize your recovery as much as possible.

Demand Compensation for Your Injuries – Most Common Injuries Related to Car Accidents

Car accidents can cause a wide range of injuries, from minor cuts and bruises to severe and life-threatening injuries. Some of the most common injuries related to car accidents include:

• Whiplash
• Broken bones
• Head injuries, including concussions and traumatic brain injuries
• Spinal cord injuries
• Internal injuries

If you’ve been injured in a car accident, you may be entitled to compensation for your medical bills, lost income, pain and suffering, and other damages. 

Dealing With Insurance Companies

Insurance companies often present themselves as your safety net, but when it comes time to pay out a claim, they can be quick to protect their bottom line instead of looking out for your best interests. If you’re dealing with an insurance company that seems to be delaying, minimizing, or outright denying your claim after an accident, you don’t have to handle it on your own. Knowing what steps to take can help protect your rights and ensure you get the compensation you deserve.

What to Do if the Insurance Company Delays, Minimizes, or Denies Your Claim

If you’re facing roadblocks with an insurance company, taking strategic action can make all the difference. Here’s what you should do:

Gather Evidence

Build a solid foundation for your claim by collecting all the necessary documentation:

• Accident reports: Secure copies of the police report, witness statements, and any other documentation from the scene that supports your version of events.
• Medical records: Keep detailed records of every medical appointment, treatment, prescription, and bill. This documentation not only demonstrates the extent of your injuries but also shows the ongoing impact on your life.
• Correspondence: Maintain a record of every communication with the insurance company—whether it’s emails, letters, or phone calls. Note the dates, times, and names of any representatives you speak with, and summarize the content of those conversations.

Follow up Regularly

Don’t let your claim slip through the cracks; stay engaged and assertive:

• Check-in frequently: Be persistent and consistent in following up with the insurance company. Regularly ask for updates and inquire about the status of your claim. If communication seems slow or evasive, ask for a direct point of contact who can provide timely updates.
• Request explanations: If the insurer is dragging its feet or gives you the runaround, don’t be afraid to ask for specific reasons for any delays or denials. Get these explanations in writing whenever possible, as they can provide crucial evidence if you need to escalate your claim.

Consult an Attorney

Insurance companies know that most people don’t understand the full scope of their rights or the tactics insurers use to minimize payouts. That’s why it’s important to have an experienced attorney on your side. A car accident attorney at our law firm can cut through the red tape, challenge unfair practices, and negotiate on your behalf to secure the full compensation you’re entitled to. We’ve seen how these companies operate, and we know how to fight back.

Recoverable Damages in Car Accident Cases

If you’ve been involved in a car accident, you may be entitled to recover damages from the at-fault driver. The damages you can recover will depend on the specific facts of your case, including the severity of your injuries, the extent of your property damage, and the impact the accident has had on your life. In Indiana, car accident victims can recover two types of damages: economic and non-economic.

Economic damages

These damages are quantifiable, actual financial losses that you incurred as a result of the accident, which may include:

• Medical expenses: You can recover compensation for any medical treatment you needed as a result of the accident, including hospital bills, doctor visits, surgeries, physical therapy, and prescription medication.
• Lost income: If you missed work because of your injuries, you can recover compensation for the wages you lost during your recovery. This includes both past and future lost income, as well as any reduction in your earning capacity due to your injuries.
• Property damage: You can recover compensation for the cost of repairing or replacing your vehicle, as well as any other property that was damaged in the accident.
• Other out-of-pocket expenses: You may be entitled to compensation for other expenses you incurred as a result of the accident, such as transportation costs to and from medical appointments, the cost of hiring someone to do household chores you are unable to perform due to your injuries, and any other expenses that were necessary as a result of the accident.

Non-economic damages

Non-economic damages, on the other hand, are subjective losses that do not have a specific monetary value. These damages include:

• Pain and suffering: This includes compensation for the physical pain and emotional distress you experienced as a result of the accident.
• Loss of consortium: If your injuries have affected your relationship with your spouse, you may be entitled to compensation for the loss of companionship, comfort, and support.
• Loss of enjoyment of life: If your injuries have limited your ability to enjoy your hobbies, social activities, or other aspects of your life, you may be entitled to compensation for the impact the accident has had on your quality of life.

If you have been injured in a car wreck, you have the right to pursue compensation for your damages, whether they are economic or non-economic. It’s important to seek legal guidance from a Fort Wayne car accident lawyer who can help you understand your rights and recover the damages you’re entitled to. 

Don’t let an insurance company or responsible party take advantage of you. Your car accident and any related injuries could be worth way more than they are offering you. Contact us today and let us help you fight for the compensation you deserve.

Our lawyers that handle these types of cases

Lee C. Christie

Katherine M. Marshall