Clayton Car Accident Attorney

Indiana law does not impose a specific time limit on insurance companies when investigating car accident claims. However, the law does outline several “unfair claims settlement practices,” which include behaviors like failing to promptly communicate with claimants or failing to promptly investigate or settle claims. Insurers who engage in these practices can face serious penalties, including fines or even license revocations.

Multiple parties could be at fault for construction zone accidents, increasing the complexity of claims. Assigning liability to involved parties typically requires extensive investigation of the accident’s circumstances. You may be able to hold the at-fault driver, construction company, or other involved parties responsible. Accurately determining liability is critical for obtaining construction zone accident compensation. 

Construction zone accident claims can quickly become confusing and complicated. They require time and energy to resolve. Potential legal issues after construction zone car accidents include: 

• Can you file a workers’ compensation claim?
• Who are the at-fault party’s insurers?
• How do you determine liability?
• How do you handle government entities when they are at fault?
• How do you identify potential at-fault parties?
• How do you calculate the value of all the compensation you deserve?

There are a few things you can do to avoid a construction zone car accident: 

• Look out for workers. Watching for individuals crossing the road or moving around on the roadways can reduce the potential for an accident. 
• Focus on the road. Paying attention to the road, signs, and other motorists can help you avoid potential hazards. 
• Follow speed limits. Slowing down and obeying posted signage can help avoid possible accidents and maintain safety.
• Practice defensive driving. Expect the unexpected in a construction zone. Employing various defensive driving methods, such as checking blind spots and being patient with other drivers, can help prevent work zone accidents.

Failure to follow construction zone traffic laws can result in car accidents and additional penalties for speeding or other violations in a construction zone. Common causes of construction zone car accidents include: 

• Speeding – Construction zones often temporarily change typical speed limits to ensure safety for employees, pedestrians, and drivers. Failure to adhere to these adjustments can cause severe construction zone accident injuries due to the increased force of a speeding vehicle. 
• Tailgating – Failure to maintain a safe following distance between cars to prepare for sudden slowdowns and stops can cause rear-end collisions in work zones. 
• Distracted driving – A text, a phone call, or a simple adjustment to your vehicle’s dashboard controls can take your eyes off the road for enough time to cause an accident. 
• Ignoring critical signage – Despite brightly colored signs warning drivers of temporary detours, lane changes, or road closures, some motorists don’t pay attention. Ignoring these signs can lead to potentially fatal crashes.
• Delayed lane changes – Unsafe merging or failure to use turn signals or check blind spots can cause collisions with poles, cones, fencing, or other vehicles in the construction zone.

Roughly 40,000 car accidents occur on or around construction zones nationwide every year, according to the Indiana Department of Labor. That makes car accidents a frequent hazard in construction zones. Most of the accidents happen when drivers enter or exit construction zones. Additionally, the driver is often the one who dies from a construction zone car accident. 

This is a question that auto liability lawyers in Indiana hear on a regular basis – and very often, by the time a client calls, they’ve already found the answer to be “no.” Not all auto insurance policies are created equal, and often there are policy limits and coverage gaps that can leave a driver – who may well have thought he/she was fully covered – without resources for costly medical bills, ongoing therapy, etc. With all the emphasis on cheap, state-minimum insurance these days, it’s easy to envision how more and more drivers who thought they were covered will be left out in the cold.

Indiana’s minimum liability limits are:

• Bodily Injury: $25,000 maximum per person/$50,000 maximum per accident
• Property Damage: $10,000 maximum

Indiana requires uninsured and underinsured motorist coverage, allowing you to collect these damages from your own insurance company if the other driver in the accident isn’t sufficiently covered. This coverage can be waived but the waiver must be in writing. However, you should never waive this coverage. The worst drivers often have little or no insurance. There are special rules that apply to underinsured coverage. If you do not follow those rules, you could jeopardize the coverage.

Even more frustrating than coverage gaps is when a policy does appear to cover a particular claim, but profit-motivated insurance companies delay payment or deny the claim based on a technicality. This is something we see on a regular basis from some of the most well-known insurance companies.

If you have an insurance question following an accident or injury, Craig, Kelley & Faultless LLC offers a free consultation to help review your coverage and avoid the insurance runaround.

Not everyone needs a lawyer after a car accident. But the guidance of a knowledgeable Indiana personal injury lawyer can help you avoid missteps during the insurance claims process. If any of the following applies to your car crash case, you should speak with a car accident lawyer:

• You were injured as a result of the accident
• You have missed work due to your injuries
• It is not clear who is at fault for the crash
• Multiple parties were involved in the wreck
• Another party tries to pin the blame on you
• The other party is uninsured or underinsured
• The crash occurred in a school or work zone
• The insurer minimizes or denies your claim

Under I.C. § 34-11-2-4, all personal injury suits must be filed within two years of the date of the incident. In other words, the two-year window begins on the date of the car accident that injured you.

If you attempt to file a lawsuit after the statutory two-year deadline, the court will most likely dismiss your case, and you will lose your right to seek compensation in Indiana civil court. An experienced car accident lawyer in Indiana can determine how the statute of limitations applies to your claim and keep your case on track from day one.

If the insurance company refuses to agree to a reasonable settlement of your injury claim, your attorney may recommend filing a personal injury lawsuit and pursuing your claim in court. A successful lawsuit could provide you with compensation for:

• Hospital bills and other medical expenses you incur due to the accident
• Incidental costs, such as mileage expenses for travel to medical appointments
• Lost wages or benefits, if you were forced to miss work and use up your vacation and sick leave during your recovery
• The projected value of your lost earning potential, if you suffer permanent disabilities
• Pain and suffering due to the crash

The most important thing to remember when you speak with an insurance company representative is that their employer is a for-profit business that makes money by collecting premiums and loses money by paying claims. The claims adjuster is looking for anything they can use to minimize or deny your claim, including your own statements.

Do not apologize for the accident, provide your opinion about what happened, or guess at answers you do not know. If you happen to misspeak or relay information that turns out to be inaccurate, it could damage your case. Never indicate that you are uninjured. This could make it difficult to claim compensation if you have crash-related injuries that worsen over time. It’s best to speak with a car accident attorney before giving a recorded statement to another driver’s insurance carrier.

After an Indiana car accident you should politely decline to speak with the adjuster for the trucking company’s insurance company and refer the caller to your attorney. You have no obligation to provide information to them. Anything you say or do, even in a casual conversation, may be used to limit the amount of compensation you receive. The adjuster may sound friendly when asking about your health and recovery. But the adjuster’s job is to minimize the amount of money the insurance company pays in claims. Insurance adjusters are trained negotiators who settle claims every day. You should have a lawyer representing your interests in dealings with the other side’s insurer.

In some cases, you can still file an injury claim if you were partly at fault for a car accident in Indiana. Under I.C. § 34-51-2-5, fault on your part does not automatically bar you from seeking compensation. However, under I.C. § 34-51-2-6, the amount of compensation available to you may be reduced based on your assigned percentage of contributory fault.

If you are found to be more than 50 percent at fault, you can be barred from seeking compensation. As you might expect, insurance companies frequently attempt to minimize or deny accident claims by inflating the percentages of fault assigned to claimants. A knowledgeable car accident lawyer can help you by pushing back against the insurance company’s tactics and demanding a fair settlement for you.

Generally speaking, you have grounds for a car accident case if another party’s negligent, reckless, or harmful actions caused a wreck and you suffered compensable losses as a result. In the context of a car accident case, a compensable loss is any expense for which you can be compensated financially. Examples include medical bills for crash-related injuries and loss of income during the time you miss work while recovering from your injuries. Crash victims may be entitled to compensation for intangible losses, such as pain, suffering, and lost quality of life.

Yes. Like most states, Indiana follows a fault-based system for determining liability in car accidents. A fault-based system allows crash victims to seek compensation from the party or parties whose actions caused the wreck. Indiana’s fault-based system requires the injured party to establish the other party’s fault and legal liability before they can be compensated.

Under § 9-26-1-1.1 of the Indiana Code (I.C.), you must call 911 or otherwise alert the authorities immediately after being involved in a car accident in which someone is injured or killed. You are required to contact authorities if you collide with an unattended vehicle or cause non-vehicle property damage and cannot locate the owner after taking reasonable steps to do so.

Individual municipalities can mandate that drivers involved in collisions in their jurisdiction file an accident report. Accident reports can be useful evidence when pursuing insurance claims or lawsuits. Obtaining a copy of the crash report from the local police, county sheriff, or Indiana State Police is a good idea.

Automobile accidents are an inevitable fact of modern life. But that doesn’t mean everyone knows what to do if they are involved in one. The steps you take immediately following an automobile accident can determine whether your personal injury claim is successful.

The following list is intended to help you in case you are ever in an accident:

• Don’t flee. It is illegal to leave the scene of an accident before the paramedics and police have arrived.
• Allow yourself to be treated. Let the doctor or paramedic have a look at you even if you think you have not been injured. Sometimes victims don’t always realize the extent of their injuries immediately after an accident.
• Give your side of the story. If you are capable of talking with the police, give a statement. You need your side of the story to be recorded.
• Collect information. Jot down the names of the passengers in your car and the names and insurance information of any other drivers involved. If there are any witnesses, get their names and information as well.

Yes. Indiana law allows for victims of Indiana car accidents to seek recovery for damages for pain and suffering as well as property loss, emotional distress, disability and more. To win these types of compensation, the amount of loss must be proven within a reasonable degree of certainty. The Indiana car accident attorneys of Craig, Kelley & Faultless LLC have successfully handled thousands of Indiana personal injury cases stemming from car accidents and can review your personal injury case immediately.

Prior to talking with any insurance company, it is best to contact a personal injury attorney. Following an accident, you should never provide a statement to the other driver’s insurance company. Divulging information to an insurance company could make the difference between getting full compensation for your claim and being denied any compensation at all.

When you are injured in a car accident, your personal injury claim is handled separately from your vehicle damage claim. While an injury claim may take months to settle, property damage claims can be settled quickly. At Craig, Kelley & Faultless LLC, we have an experienced staff person available to assist you with your auto damage claims at no cost to you.

In rear-end collisions, the law generally favors the lead car, but that does not mean the trailing vehicle is always at fault. Hasty drivers making lane changes often cut off other motorists then abruptly jam on the brakes, forcing the second car to slam into them. One of our knowledgeable accident attorneys can review the facts of your accident to help determine liability.

Tractor trailers have large blind spots on all sides. You may have a valid claim if the truck driver moved into your lane and caused an accident, regardless of whether your automobile happened to be in a blind spot. Each Indiana tractor trailer accident has specific contributing factors that make it unique so it is important to have an experienced truck accident lawyer review your accident and determine the best strategy to proceed. It’s important to recognize that 35 percent of fatal truck-related accidents involve a truck’s blind spots, according to the Federal Motor Carrier Association.