Car Accident Lawyer South Bend

Common Causes of Car Accidents in South Bend

Understanding the common causes of car accidents is essential in determining liability and seeking compensation, and here are some of the most common causes of car accidents in the state:

• Distracted driving, such as texting or talking on the phone
• Exceeding the speed limit stated by the government or driving too fast for road conditions
• Operating a motor vehicle under the influence of alcohol or drugs
• Reckless driving, including aggressive driving, tailgating, and failure to obey traffic laws
• Poorly maintained roads, inadequate signage, and other road defects that may involve government entities responsible for road maintenance.

Our team of lawyers has experience in handling complex car accident cases and can investigate the cause of the accident, gather evidence, and build a strong case on your behalf.

Types of Auto Accidents

Car accidents come in all shapes and sizes, but they have one thing in common – they can turn your life upside down in an instant. While some accidents may seem minor, others can have serious, lasting consequences, especially when larger vehicles like trucks are involved.

Rear-End Collisions

Rear-end collisions are among the most frequent types of car accidents. Often occurring in heavy traffic or at intersections, these accidents happen when one vehicle crashes into the back of another. Although these accidents might seem minor at first, the injuries can be significant, especially in high-speed collisions.

Side-Impact (T-Bone) Accidents

T-bone accidents, also known as side-impact collisions, occur when one vehicle crashes into the side of another. These accidents are particularly dangerous because the side of a vehicle offers less protection than the front or rear.

These accidents frequently happen at intersections and can lead to severe injuries, including broken bones, traumatic brain injuries, and internal injuries.

Head-On Collisions

Head-on collisions are among the deadliest types of crashes. These accidents occur when two vehicles traveling in opposite directions collide head-on, often resulting in catastrophic injuries or fatalities.

Multi-Vehicle Pileups

Multi-vehicle pileups typically occur on highways or in adverse weather conditions, where high speeds and limited visibility contribute to a chain-reaction crash involving several cars. These accidents are particularly dangerous because the initial collision often triggers additional crashes, leading to multiple injuries and fatalities.

Determining fault in a multi-vehicle accident can be incredibly complex, as multiple drivers may share responsibility.

Hit-and-run Collisions

When someone flees the scene of an accident, it can leave victims feeling helpless, wondering how they’ll get the compensation they need for their injuries and vehicle damage. Unfortunately, hit-and-run incidents are more common than many people realize. According to the 2022 Indiana Traffic Safety Report, hit-and-run collisions accounted for 13.9% of all collisions in Indiana, totaling 28,722 of the 206,923 collisions statewide.

One of the biggest challenges in a hit-and-run accident is identifying the at-fault driver. Without their information, it can be difficult to file a claim for compensation through their insurance. Law enforcement often plays a key role in tracking down the responsible party, relying on witness statements, surveillance footage, and even debris left at the scene.

Common Injuries Related to Car Accidents in South Bend

If you have been involved in a car accident in South Bend, it’s important to understand that the severity of your injuries can directly impact the compensation you can claim. Car accidents can result in a wide range of injuries, some of which can be severe and life-altering, such as:

• Traumatic brain injuries
• Whiplash and neck injuries
• Spinal cord injuries
• Broken bones and fractures
• Soft tissue injuries
• Internal injuries

If you’ve been injured in an accident, don’t hesitate to reach out to our team of personal injury lawyers. We can help you understand your legal rights and options, and we will work tirelessly to help you obtain the compensation you need to move forward with your life. 

What to Do After a Car Accident?

Knowing what to do after a car accident can protect your legal rights and increase your chances of obtaining fair compensation. 

Here are some important steps to take after a car accident:

• Seek medical attention: Seek medical attention for yourself and any other injured parties immediately even if you do not feel injured.
• Contact law enforcement: Call the police to report the accident and request a police report. The police report can be crucial evidence in determining liability and establishing the facts of the accident.
• Collect evidence: If it is safe to do so, gather evidence at the scene of the accident, including taking photos of the accident scene, damages to vehicles, and injuries. Get contact information from other drivers, passengers, and witnesses.
• Do not admit fault: Avoid admitting fault or making any statements that may be used against you later. Stick to the facts when speaking with the police, other drivers, and insurance representatives.
• Contact a car accident lawyer: It’s crucial to seek legal representation as soon as possible after a car accident. At Christie Farrell Lee & Bell can provide you with expert legal advice and representation throughout the entire process.

Time Limit on Filing a South Bend Car Accident Lawsuit

After a car accident, victims often face medical appointments, insurance negotiations, and the stress of recovering from injuries. With so much happening at once, it’s easy to overlook the legal deadlines associated with filing a personal injury claim. However, missing these deadlines can be devastating for your case. In Indiana, the statute of limitations for filing a car accident lawsuit is two years from the date of the accident.

This time limit is strict, and once the two-year window closes, you lose your right to pursue compensation, regardless of how strong your case might be. It’s important to act quickly and consult with a car accident attorney at our law firm as soon as possible to ensure that you don’t miss this crucial deadline.

Determining Responsibilities in Accidents – Understanding How Comparative Fault Works

Proving you were responsible for a car accident can be complex.

Indiana follows a comparative fault system when it comes to assigning liability (Indiana Code 34-51-2-6). This means that each party involved in the accident may be assigned a percentage of fault based on their contribution to the accident, and understanding how comparative fault works is essential in protecting your rights.

You may still recover damages for your injuries and damages even if you are partially at fault for the accident, as long as your percentage of fault does not exceed 50%. However, your total compensation will be reduced by your percentage of fault. 

For example, if you are found to be 20% at fault for the accident and your total damages are $100,000, your compensation will be reduced by 20%, and you will be able to recover $80,000.

That’s why insurance companies and other parties may try to shift blame or assign higher percentages of fault to you in order to minimize their liability. So having a personal injury attorney can help you ensure you’re receiving what you deserve.

Seeking Compensation from an Underinsured Driver

We know that being involved in an accident with an underinsured driver can be incredibly frustrating. You’ve already been through the trauma of the crash, and now you’re facing the financial burden of medical bills, vehicle repairs, and lost wages—all while dealing with a driver whose insurance can’t cover your losses. But just because the at-fault driver doesn’t have enough insurance doesn’t mean you’re out of options. There are several ways to seek compensation in these situations.

Your Own Insurance Policy

One of the most straightforward options is to turn to your own insurance policy. If you have underinsured motorist (UIM) coverage, this part of your policy is designed to step in when the at-fault driver’s insurance falls short. Underinsured motorist coverage can help fill the gap between what the other driver’s insurance pays and what you’re owed. It’s important to understand that while your insurance company may provide this coverage, they aren’t always eager to pay out, and you may still face challenges in getting the full amount you deserve.

At our law firm, a skilled car accident attorney in South Bend can navigate the complex negotiations with insurance companies, striving to secure the best possible outcome for you.

Filing a Lawsuit Against the Underinsured Driver

In some cases, your best option may be to file a personal injury lawsuit directly against the underinsured driver. While this approach may not always yield significant financial recovery—especially if the driver has limited personal assets—it can still provide a pathway to obtaining some compensation. Additionally, a lawsuit can hold the driver accountable for their negligence, even if the financial payout isn’t substantial.

Holding Other Parties Accountable

Truck accidents, in particular, often involve multiple parties who may share responsibility. For example, if the driver involved in your accident was working for a company at the time, their employer could also be liable for your damages. In some cases, the truck’s manufacturer or a maintenance provider may also be responsible if faulty parts or poor maintenance contributed to the crash. Identifying all potential sources of compensation is crucial to maximizing your recovery.

No matter the situation, we work tirelessly to explore every possible avenue for compensation. If you’re dealing with an underinsured driver after an accident, don’t hesitate to schedule a free initial consultation with us. A car accident lawyer will review your case, explain your options, and fight to ensure you aren’t left footing the bill for someone else’s mistake.

Types of Compensation You Can Claim

According to the damages suffered in the accident, you may be entitled to various types of compensation for your losses. Some of the types of compensation you can claim may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Loss of consortium
• Punitive damages

Remember that every car accident case is unique, and the compensation you may be able to claim will depend on the specific details of your situation. It is important to have an experienced car accident lawyer on your side who can evaluate your case, help you determine what types of compensation you may be entitled to, and fight for your rights to receive fair and just compensation.

Seek Legal Advice from a South Bend Car Accident Lawyer

If you have been involved in a motor accident in Indiana, it is crucial to seek legal advice from an experienced car accident lawyer as soon as possible. The aftermath of a car accident can be complex, and having legal representation can make a significant difference in protecting your rights and obtaining fair compensation for your injuries and damages.

At Christie Farrell Lee & Bell, our team of accident lawyers are experts in handling motor accident cases in South Bend and throughout Indiana. Here’s how we help:

Expert knowledge of Indiana laws and regulations

Our team of attorneys understands the intricacies of Indiana laws and regulations pertaining to motor accidents. 

This includes the comparative fault system, as well as the statutes of limitations for filing a claim and the insurance requirements for motorists in Indiana. We can provide you with expert guidance on how these laws may affect your case and ensure that your legal rights are protected.

Thorough investigation and evidence gathering

This may include obtaining police reports, medical records, traffic reports, and other relevant documents that can support your compensation claim. We leave no stone unturned in gathering evidence to establish the liability of the at-fault party and the extent of your damages.

Negotiation with insurance companies

Dealing with insurance companies can be challenging, as they may try to minimize their liability and offer low settlements. 

But we know the tactics that insurance companies may use to undervalue or deny your claim, and we will fight aggressively to ensure that you receive fair compensation for your injuries and damages.

Litigation and court representation

If a fair settlement cannot be reached through negotiation, we’ll take your case to court and provide strong representation in front of a judge and jury. Your attorney will present a compelling case, including citing Indiana statutes and laws, official statistics, and other trustworthy sources, to support your claim and maximize your chances of success in court.

At our firm, we are committed to providing personalized attention to your case and keeping you informed about the progress of your claim every step of the way. 

Contact us to request a free consultation so we can hear your case.

Frequently Asked Questions About Car Accident Cases in South Bend

Is Indiana a fault state for car accidents?

Yes, Indiana follows a fault-based system when it comes to car accidents. This means that the at-fault party is responsible for the damages caused in an accident, and their insurance company may be liable to compensate the injured party for their injuries and damages. 

Our lawyers that handle these types of cases

Lee C. Christie

Katherine M. Marshall