Drunk Driving Accidents in Indiana
If you were injured in an Indiana drunk driving accident, you have legal rights and deadlines to protect.
What you should know
Indiana OWI is governed by IC 9-30-5. Dram-shop liability under IC 7.1-5-10-15.5 may add a defendant.
What typically causes them
- Impaired judgment and decision-making from alcohol
- Reduced reaction times and delayed responses
- Driving significantly over or under speed limit
- Failure to maintain lane position and weaving
- Ignoring traffic signals and signs
- Wrong-way driving on highways
- Falling asleep at the wheel due to intoxication
Injuries we see
- Severe traumatic brain injuries
- Spinal cord injuries and paralysis
- Multiple bone fractures
- Internal organ damage
- Severe burns from vehicle fires
- Permanent disability and disfigurement
- Wrongful death
Steps to take after a drunk driving accidents
- 1
Call 911 immediately and inform the dispatcher if you suspect the other driver is intoxicated based on behavior or alcohol odor.
- 2
Remain at the scene in a safe location and do not confront the intoxicated driver directly.
- 3
Note any observable signs of intoxication such as slurred speech, alcohol smell, unsteady gait, or erratic behavior.
- 4
Request that law enforcement conduct field sobriety tests and document suspected impairment in the police report.
- 5
Gather evidence including photographs of the scene, vehicle damage, and any visible open containers in the other vehicle.
- 6
Seek immediate medical attention for all injuries as drunk driving accidents often involve high-speed or head-on collisions.
Indiana law under IC 9-30-5-1 prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, and evidence of intoxication strengthens civil liability claims. Driving while intoxicated constitutes negligence per se under Indiana common law, meaning violation of the criminal statute establishes the duty and breach elements of negligence. Comparative fault under IC 34-51-2-6 still applies, but drunk drivers are typically found predominantly or entirely at fault. IC 7.1-5-10-15.5 provides for dram shop liability against alcohol vendors who serve visibly intoxicated persons or minors who subsequently cause accidents, allowing claims against bars and restaurants. Punitive damages are often available in drunk driving cases under Indiana common law when the intoxicated driver's conduct demonstrates gross negligence or willful disregard for safety. Criminal prosecution under IC 9-30-5-2 proceeds separately from civil claims.
Victims of drunk driving accidents in Indiana can recover compensatory damages including all medical expenses, rehabilitation costs, lost wages, lost earning capacity, property damage, and out-of-pocket expenses. Non-economic damages address pain and suffering, emotional trauma, permanent disability, disfigurement, and loss of life's enjoyment. Importantly, drunk driving accidents frequently support punitive damages claims, which are intended to punish the intoxicated driver and deter similar conduct. While most damages are capped at the defendant's insurance policy limits, punitive damages may exceed those limits and come from the defendant's personal assets. Under IC 34-23-1-1, wrongful death claims may be brought by surviving family members. Dram shop claims under IC 7.1-5-10-15.5 may provide additional sources of compensation when alcohol vendors contributed to the intoxication.
IC 34-11-2-4 establishes a two-year statute of limitations for personal injury claims arising from drunk driving accidents in Indiana, beginning on the date of the collision. This deadline applies to both compensatory and punitive damages claims.
Don't let an Indiana drunk driving accidents ruin your future.
The clock is ticking on Indiana's 2-year statute of limitations. Get a free, no-obligation case review now.