Car Accidents in Indiana
If you were injured in an Indiana car accident, you have legal rights and deadlines to protect.
What you should know
Indiana car accident victims have two years from the crash date to file suit under IC 34-11-2-4. Indiana follows a 51% modified comparative fault rule (IC 34-51-2-6).
What typically causes them
- Distracted driving (texting, phone use)
- Speeding and aggressive driving
- Following too closely (tailgating)
- Failure to yield right-of-way
- Running red lights or stop signs
- Impaired driving (alcohol or drugs)
- Adverse weather conditions
Injuries we see
- Whiplash and neck injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage
- Lacerations and soft tissue injuries
- Psychological trauma and PTSD
Steps to take after a car accidents
- 1
Call 911 immediately to report the accident and request medical assistance if anyone is injured.
- 2
Move to a safe location if possible and turn on hazard lights to prevent further collisions.
- 3
Exchange insurance information, driver's license details, and contact information with all parties involved.
- 4
Document the scene by taking photographs of vehicle damage, road conditions, traffic signs, and any visible injuries.
- 5
Obtain contact information from witnesses who saw the accident occur.
- 6
Seek medical attention promptly even if injuries seem minor, as some symptoms may appear later.
Indiana follows a modified comparative fault system under IC 34-51-2-6, which allows injured parties to recover damages as long as they are less than 51% at fault for the accident. If you are found to be 51% or more responsible, you cannot recover any compensation. Your damages award will be reduced by your percentage of fault. Indiana also requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury under IC 9-25-4-5. Car accident claims are governed by negligence principles, requiring proof that the other driver breached their duty of care, causing your injuries. It is crucial to report accidents involving injury, death, or property damage exceeding $1,000 to law enforcement under IC 9-26-1-1.1.
Under Indiana law, car accident victims may recover economic damages including medical expenses, lost wages, future medical care costs, and property damage to their vehicle. Non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement are also recoverable. Indiana does not cap damages in most car accident cases, though IC 34-18-14-3 imposes caps on medical malpractice claims. If the at-fault driver was uninsured, you may be able to recover from your own uninsured motorist coverage. In cases involving gross negligence or intentional misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct.
Under IC 34-11-2-4, personal injury claims from car accidents in Indiana must be filed within two years from the date of the accident. Failing to file within this timeframe generally results in losing your right to seek compensation, though exceptions exist for minors and certain discovery rule situations.
Don't let an Indiana car accidents ruin your future.
The clock is ticking on Indiana's 2-year statute of limitations. Get a free, no-obligation case review now.