Lafayette Car Accident Lawyer

Common Causes of Car Accidents in Lafayette

Car accidents are sadly common in the United States. We see them happening almost every day, and there are thousands of fatalities in motor vehicle crashes every year, with many of them occurring on the roads of Indiana. 

These accidents can occur for a variety of reasons, with many involving some form of driver negligence or recklessness, including:

• Drunk driving
• Speeding 
• Distracted driving – Texting, talking on the phone, eating, or any other activity that takes a driver’s attention away from the road can result in accidents.
• Driver fatigue
• Ridesharing accidents – Accidents involving Uber, Lyft, or other ridesharing services may result from driver negligence or inexperience

According to the specific details and responsibilities in the accident, you can prove the negligence of the other party and claim compensation to recover your losses. In this situation, having a team of personal injury lawyers who understand local laws is key to maximizing the possibilities of achieving full financial recovery.

What Types of Compensation Can I Claim for a Car Crash?

Car accidents can wreak havoc in more ways than one, and Indiana law allows victims to pursue compensation that covers the full spectrum of these damages. This includes more obvious expenses like medical treatments and repairs, but it also goes deeper, accounting for the impact on your future, both financially and emotionally.

• Medical expenses: This includes not only the immediate medical costs such as emergency room visits, surgeries, and hospital stays, but also long-term medical care like physical therapy and rehabilitation.
• Lost wages and future earnings: If your injuries prevent you from returning to work, you can claim compensation for the income you have lost and any reduction in your earning capacity.
• Pain and suffering: This covers the physical pain and emotional anguish you have endured due to the accident. Calculating pain and suffering can be complex, as it often involves assessing the impact on your quality of life.
• Property damage: The cost to repair or replace your vehicle and any other property damaged in the accident is also compensable. This ensures you are not left paying out-of-pocket for repairs or a new vehicle.
• Punitive damages: In some cases, if the at-fault party acted recklessly or intentionally caused the accident, you might be eligible for punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future.

For a deeper understanding of how compensation is calculated and to ensure you maximize your claim, you may want to discuss your case with an experienced Lafayette car accident lawyer from our firm. We offer complimentary initial consultations to help you understand your best options for pursuing compensation.

How to Prove Fault and Liability in Indiana

Proving fault and liability in car accident cases is crucial for recovering the compensation you deserve.

Indiana adheres to a modified comparative negligence system, which means that even if you were partially at fault for the accident, you might still be eligible for damages, provided your level of fault does not exceed 50% (Indiana Code § 34-51-2-5). Therefore, it’s important to work with a team of car accident lawyers that can help you establish the responsibility or negligence of the other party. 

Establishing Negligence

Negligence is the foundation for determining fault in a car accident case. In order to successfully establish negligence, it is necessary to demonstrate that the at-fault party failed to exercise reasonable care and caution on the road, ultimately leading to the accident. This process involves a thorough examination of the following key components:

Duty of Care

First, you must prove that the at-fault party had a legal responsibility to act reasonably and safely to avoid causing harm to others on the road. All drivers are expected to follow traffic laws and exercise caution when operating a vehicle.

Breach of Duty

Next, you need to demonstrate that the at-fault party failed to meet their duty of care. This could involve showing that they violated traffic laws, engaged in reckless driving, or otherwise acted in a manner that put others at risk.

Causation

After establishing a breach of duty, it is necessary to prove that the at-fault party’s actions directly caused the accident and your injuries. This may involve gathering evidence such as police reports, eyewitness testimony, and expert opinions to connect the at-fault driver’s actions to the resulting accident.

Damages

Finally, you must show that you suffered damages as a result of the accident. Damages can include medical expenses, lost wages, pain and suffering, and property damage. Documenting your damages thoroughly is vital in order to receive the compensation you deserve.

What to Do After a Car Accident in Lafayette?

Being involved in a car accident can be a disorienting and stressful experience. Knowing the proper steps to take following an accident can make a significant difference in proving you were not responsible, ensuring your safety, protecting your rights, and securing the compensation you may be entitled to.

Here’s what you must do after a car accident:

Stay at the Scene and Check for Injuries

After a car accident, it is essential to remain at the scene and check for injuries to yourself and others involved. Leaving the scene of an accident can result in criminal charges, as required by Indiana Code. In cases of hit-and-run accidents, the driver who flees the scene may face severe penalties if they later identified

Seek Medical Attention

Even if you believe you have not sustained any serious injuries, it is essential to seek medical attention following a car accident. Obtaining medical records also helps to establish a connection between the accident and any injuries sustained, which can be crucial in a personal injury claim.

If anyone is injured, call 911 immediately and wait for medical help to arrive, but do not attempt to move anyone who appears seriously injured unless it is necessary to prevent further harm.

Exchange Information and Report the Accident

Obtain the name, address, phone number, driver’s license number, license plate number, and insurance policy information of the other drivers involved. It is also crucial to report the accident to the police because a police report can serve as valuable evidence when filing a claim with your insurance company or pursuing a personal injury lawsuit. 

Also, on Indiana roads, drivers are required to report accidents resulting in injury, death, or property damage exceeding $1,000, as stated in Indiana Code § 9-26.

Document the Accident Scene

Take photographs of the accident scene, including any damage to the vehicles, skid marks, road conditions, and any other relevant details. If there are witnesses, obtain their contact information as well because their statements can be vital in establishing fault and liability.

Consult a Lafayette Car Accident Lawyer

Navigating the aftermath of a car accident can be overwhelming, especially when dealing with insurance companies and determining liability. Consulting with a personal injury attorney with experience in local laws can help you understand your legal rights and ensure you receive the compensation you deserve.

“Dos” and “Don’ts” of Dealing with Insurance After a Crash

After a car accident, insurance companies may initially appear helpful, but their primary objective is often to minimize payouts rather than ensure your full recovery.

Knowing how to communicate with insurers and protect your interests can have a huge impact on your case. One wrong move—like admitting fault or agreeing to a premature settlement—can drastically reduce the compensation you receive for medical expenses, lost income, and more.

Dos

1. Do file your claim immediately: Quick reporting is crucial. Delaying your claim gives insurers an excuse to question the legitimacy of your injuries or damages. Prompt communication helps you stay in control.
2. Do consult a medical professional immediately: Even if you feel fine, injuries from car accidents can be deceiving and may surface later. Medical documentation not only ensures your well-being but also serves as essential evidence if the insurance company challenges your claim.
3. Do keep meticulous records: From repair estimates and medical bills to written correspondence with insurance adjusters, detailed documentation strengthens your case and leaves less room for insurers to undermine your claim.

Don’ts

1. Don’t give a recorded statement without legal advice: Insurers might ask for a recorded account of the accident, which can be used against you. Always consult your attorney before making any official statements.
2. Don’t accept the first settlement offer: The initial offer is often far less than what you’re entitled to. It’s in your best interest to have a qualified attorney review and negotiate the settlement to reflect the full scope of your losses.
3. Don’t discuss your accident on social media: Even an innocent post can be taken out of context by the insurance company. It’s best to keep details of your accident and recovery offline.

Common Legal Issues Related to Car Accidents

Our Lafayette car accident lawyers work to ensure all challenges you encounter in the claim process are addressed with the utmost care and professionalism. Here are common issues we assist with at our law firm:

Understanding Comparative Fault

Insurance adjusters may attempt to assign you more blame than you deserve to reduce their payout. That’s why understanding how fault is calculated—and having experienced legal representation—is crucial in all types of personal injury cases.

Indiana operates under a modified comparative fault system. In simpler terms, this means that if you’re found partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you’re deemed 20% responsible, your award will be reduced by 20%. However, if you are found to be more than 50% responsible, you won’t be able to recover any damages at all.

Dealing with Uninsured or Underinsured Drivers

One of the most challenging aspects of car accident cases is dealing with drivers who either have no insurance or insufficient coverage. You might assume that your own insurance policy will fully cover you in these situations, but that’s not always the case. Even if you have uninsured or underinsured motorist protection, your insurance company may dispute the extent of your claim. They often scrutinize every detail, looking for reasons to pay out less than what you need.

You may need to demonstrate the other driver’s fault and provide compelling evidence of your losses, from medical expenses to lost wages.

Contesting Insurance Valuations

Insurance companies have a vested interest in paying as little as possible on claims, which can lead to disputes over the valuation of your damages. They might argue that your medical treatments were unnecessary or that the cost of repairing your vehicle is lower than you claim. In these cases, they often use their own experts to provide low-ball estimates that favor the insurer.

Successfully contesting these valuations requires a well-documented case. This often involves gathering medical records, consulting with healthcare providers to verify the necessity of treatments, and even hiring accident reconstruction experts to demonstrate the severity of the crash. Without this evidence, you may find it difficult to secure the compensation you need for a full recovery.

Don’t Settle for Less – Claim the Amount of Compensation You Need to Cover All Your Damages

After a car accident, it’s essential to pursue the full amount of compensation necessary to cover all your damages, rather than settling for less than you deserve. Many insurance companies may offer quick settlements that may not fully account for the extent of your injuries, property damage, and other losses.

An attorney can help you accurately calculate your damages, negotiate with insurance companies on your behalf, and, if necessary, represent you in court to secure the best possible outcome for your case. The team at Christie Farrell Lee & Bell is committed to helping car accident victims in Lafayette get the compensation they need to recover and move forward with their lives.

If you or a loved one has been involved in a car accident, don’t hesitate to contact us for a free consultation. Our experienced car accident lawyers can help you understand your legal options and fight for the compensation you deserve.

Our lawyers that handle these types of cases

Lee C. Christie

Katherine M. Marshall