In most cases, car crashes are not accidents. Human error causes over 90% of these incidents. If a lack of ordinary or statutory care caused the wreck, substantial compensation may be available. That compensation usually includes money for economic losses or those that are easily quantifiable, like medical bills, and non-economic losses, which are harder to assign a dollar value. An example of non-economic damages would be pain and suffering. However, greedy insurance companies do not simply give this money away.
To get the compensation and justice you deserve, you need Holland & Holland, the best car accident lawyers near you. We get to work quickly by collecting evidence that supports your claim. Then, we put this evidence together in a compelling fashion. Finally, we never stop fighting for you, both in court and during pretrial settlement negotiations.
Most human error involves one of the four primary kinds of driving impairment, which are:
Depending on the type of impairment which caused the crash, victim/plaintiffs might have multiple legal options. Distracted driving is a good example.
Indiana has a limited cell phone ban. It generally only applies to talking and texting. So, if a tortfeasor was using a cell phone in this way right before the crash, the tortfeasor may be liable for damages as a matter of law.
Smartphones are a lot more than talking or texting devices. If the tortfeasor was taking a picture while driving, surfing the web while driving, playing a game while driving, or using the device for any other purpose, liability may still attach. The victim/plaintiff must prove, by a preponderance of the evidence (more likely than not) that the tortfeasor’s behavior fell below the acceptable standard of care.
The Hoosier State has one of the lowest auto insurance minimums in the country. So, if the victim/plaintiff sustained catastrophic injuries, the tortfeasor may not have enough insurance coverage to provide fair compensation.
Luckily, Indiana has broad third party liability rules. For example, employers are vicariously liable for the negligent acts their employees committed during the scope of employment. Indiana also has a dram shop law. Commercial alcohol providers, like bars and grocery stores, may be vicariously liable for the damages their impaired customers cause.
If you were hurt in a crash, someone needs to stand up for your rights. For a free consultation with an experienced personal injury lawyer in Indianapolis, contact Holland & Holland. Home and hospital visits are available.
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