Indianapolis Drunk Driving Accident Lawyers

What This Page Covers

• Comprehensive statistics outlining the dangers of alcohol-impaired driving across the United States and within the state of Indiana.
• Key underlying causes of drunk driving collisions, including sensory dampening, driving in the wrong lanes, speeding, and falling asleep at the wheel.
• Recognizable indicators of intoxicated vehicle operation, such as weaving through traffic, tailgating, erratic signaling, and post-accident behavioral symptoms like slurred speech or poor balance.
• Essential guidelines detailing how to respond safely when spotting an impaired motorist on the road or immediately following a crash.
• The explicit types of civil evidence compiled by a legal team—ranging from toxicology records and video surveillance to dram shop liability assessments—to prove negligence within Indiana’s strict two-year filing window.

Why This Matters

• Intoxicated crashes cause catastrophic, irreversible physical devastation and trauma to adults, teenagers, and children that could be entirely avoided.
• Criminal charges and court-ordered penalties handle state law violations but fail to provide direct financial compensation to cover the victim’s personal losses.
• Separate civil personal injury claims or wrongful death lawsuits are the mandatory legal avenue required for victims to successfully recover accident-related damages.
• Alcohol dramatically impairs a driver’s reflexes and cognitive processing, meaning victims often face high-impact collisions because the impaired motorist fails to brake or notice traffic signals.
• Quick collection of evidence is paramount, as chemical markers like blood alcohol concentration (BAC) levels naturally dissipate and drop over time.

Key Actions You Can Take

• Maintain a safe distance from any driver exhibiting abnormal behaviors and pull over safely to report their location to law enforcement.
• Prioritize physical safety at an accident scene by moving vehicles to the side of the road and requesting immediate medical assistance for all injuries.
• Involve local police officers to create an official accident report, establishing an unbiased, third-party record necessary for settlement negotiations.
• Capture comprehensive photographic evidence of vehicle damage, surrounding road conditions, and visible injuries while gathering contact details from eyewitnesses.
• Contact the legal team at Crossen Law Firm by calling (317) 401-8626 to secure a free case evaluation and navigate the complex financial recovery process.

Drunk driving causes car crashes that unnecessarily take lives and put adults, teens, and children at risk of serious injuries or death (even when they’re wearing a seat belt). Tragic accidents that disrupt lives could be prevented if people do not get behind the wheel after drinking alcohol, but drunk driving crashes are common.

Victims and families of car accidents can seek compensation for accident-related expenses and lost opportunities.

According to the Centers for Disease Control, about one in three fatal crashes in the United States are caused by impaired driving.

In 2018, 83 Indiana drivers died in car crashes involving intoxicated drivers, and another 1,532 people were injured.

A drunk driving accident involving death accounted for 5% of all vehicular fatalities in 2018.

Although accidents caused by alcohol-impaired driving are preventable, the accidents and damage that they cause are irreversible.

Whether it’s one woman killed, three children with concussions, or five adults with traumatic injuries requiring lifelong treatments, no one should have to suffer from another person’s negligence.

There are severe consequences for the drivers involved, including jail, fines, and the cost of court.

Why Do Drunk Driving Crashes Occur?

Impaired driving is so dangerous because alcohol dampens the senses and the brain’s and body’s ability to react, focus, and process.

Drivers often don’t realize they are about to collide with another car, such as a Nissan Pathfinder, or object until it’s too late.

Impaired drivers who get behind the wheel may:

• Fall asleep at the wheel.
• Fail to notice red lights, stop signs, and other indicators.
• Drive too fast.
• Driving southbound in northbound lanes.
• Drift into another lane.

When Are Alcohol-Impaired Drivers More Prevalent?

When guests leave a party, they are more likely to get behind the wheel while under the influence of alcohol during holidays, drinking events, and vacations.

Even though it’s easy to take a taxi until the person’s system has processed the alcohol, people of all ages still choose poorly.

AAA Foundation for Traffic Safety reports that 31% of fatal crashes involving drivers under the influence of alcohol occur on weekends between 12 a.m. and 3 a.m.

What Does Intoxicated Driving Look Like?

Many behaviors could indicate that a driver has had too much to drink. Drivers of all ages often fail to maintain lane position, for example, and move between lanes haphazardly.

Other common signs that indicate a drunk driver include:

• Weaving in and out of traffic.
• Making a wide radius when turning.
• Tailgating.
• Erratic signaling.
• Not using headlights.
• Hugging the center of the road or shoulder.

Drivers’ behavior and atypical operation of their automobiles could indicate that they are intoxicated.

If you noticed any abnormal driving before the accident, tell the police and your attorney.

What To Do If You’ve Spotted a Drunk Driver

If you believe a drunk driver is operating an automobile, keep a safe distance away and pull over when you can.

Contact law enforcement officers immediately to describe the vehicle, location, and other details you can share. Remember, intoxicated drivers being pulled over saves lives.

If you left the scene without contacting the police or gathering information, immediately return to the accident site and begin collecting evidence.

Signs of Intoxication Following Accidents or Drunk Driving Deaths

Following an accident, sure signs could reveal a driver’s intoxication. A strong odor of alcohol, discarded beer, wine, or proof of other substances could indicate intoxication.

Drivers who have trouble balancing or standing up straight and speaking with slurred speech could also be intoxicated.

Drunk individuals might also exhibit signs of impairment by having difficulty concentrating or staying awake.

Contact us at 317-401-8626 today to seek compensation for adults, teens, and children whose lives were disrupted by another person choosing drunk driving.

What to Do at the Scene If You Are Injured in a Drunk Driving Accident

If you’re the victim of a crash caused by a person under the influence of alcohol, you can take steps to protect your rights.

Safety comes first. If possible, move your vehicle, such as a Nissan Pathfinder, to the side of the road. Then, address any injuries until emergency services arrive.

An impaired driver may not be in a state to provide information, or the impaired driver may try to flee the scene to avoid a DUI charge.

If your injuries appear minor, stay at the scene and call for or request immediate medical assistance.

Call the police to make an accident report. Reporting an accident also creates an official record, which can be used for filing a compensation claim.

A police report provides an unbiased, third-party account of the accident, which is critical during settlement negotiations.

If possible, take photos of any vehicle damage, road conditions, injuries, and surroundings. If there were eyewitnesses, obtain their contact information.

Also, exchange names, addresses, phone numbers, and insurance information with the other driver.

Contact a Crossen Lawyer today to discuss your case by calling 317-401-8626.

Evidence Needed to Prove the At-Fault Party Chose to Drink and Drive

Examples of evidence your legal team will collect include:

• The driver’s breathalyzer, blood test, and urine test (called blood alcohol concentration).
• Police or surveillance video of the accident.
• Photos of the accident scene and vehicles involved.
• Witness statements.
• Police reports.
• Criminal court records.
• The driver’s medical records.
• Your medical records.

It is essential to gather all evidence to prove that the other driver was at fault for the accident due to intoxication.

If blood is taken to analyze for alcohol content after time has passed, the driver’s blood-alcohol level might have fallen below the legal BAC limit.

If you and your passengers, for example, two or three children, were injured or if your loved one died due to a collision caused by an intoxicated driver, call us today at 317-401-8626 for a free case evaluation.

Who Can Be Held Responsible in a Drunk Driving Accident?

Alcohol and other drugs impair a driver’s ability to control their vehicle, make judgments, and react to road conditions. In Indiana, if a driver fails to be in control of their vehicle at any point, they are negligent and face legal consequences.

If a driver is arrested, it becomes evidence to prove fault and liability. However, criminal cases do not recover damages for people injured in a crash caused by a drunk driver.

A separate personal injury claim or wrongful death lawsuit is required to obtain compensation.

Indiana Drunk Driving FAQs

• What is the blood alcohol concentration reading needed to be classified as drunk?
  Drivers who have a blood alcohol concentration (BAC) of 0.08 or higher are intoxicated and can be punished.
• How are victims of motor vehicle crashes caused by drunk drivers compensated?
  Victims must seek compensation through civil claims, as criminal convictions do not cover damages.
• What are the legal penalties for impaired driving?
  Legal penalties include misdemeanor or felony charges, fines, license suspension, and possible jail time.
• Does a driver have to be arrested for DUI to support a civil case?
  Arrest for DUI helps in civil cases, but evidence of drinking can suffice for claims.
• What can drunk driving case compensation cover?
  Compensation may cover medical expenses, the cost of lost wages, pain and suffering, and property damage.
• What other types of injuries can result from drunk driving accidents?
  Drunk driving can cause severe injuries, including brain and spinal injuries, fractures, and sometimes death.
• Can a lawyer help after a drunk driving crash?
  While claims related to intoxicated driving can often be settled outside of court, it’s wise to include an Indiana attorney with experience dealing with drunk driving crashes. You must file your claim within two years of the crash date.
• Where can I read more statistics on alcohol-related accidents?
  The Centers for Disease Control and the National Highway Transportation Safety Administration offer comprehensive data.
• What strategies are in place to reduce drunk driving deaths?
  Strategies include sobriety checkpoints, ignition interlocks, and national educational campaigns to reduce drunk driving accidents and injury. Each man, woman, or child who can be spared is worth the effort and cost of these strategies.
• What are dram shop laws?
  Those who furnish alcohol to adults and young drivers increase the risk for those on the road and may be held responsible for drunk driving accidents. Contact a lawyer today to see who can be penalized for serving alcohol-impaired drivers, children, and teen drivers.

The Crossen Law Firm Is Here to Help

If you are hurt in a drunk driving accident, let an experienced legal team fight for you. A Crossen drunk driving accident attorney will help negotiate a settlement for any man, woman, teens, and children who’ve been injured or died due to negligence.

The Crossen law firm’s legal team will help you navigate the complex recovery process following any automobile accident. Contact us today at 317-401-8626 for a free case evaluation.

Common Questions and Answers about Drunk Driving Accidents in Indiana

How does a drunk driving conviction impact a personal injury lawsuit in Indiana?

In Indiana, a drunk driving criminal conviction serves as powerful leverage in a personal injury lawsuit because it can be used to establish negligence “per se,” meaning the driver is considered negligent as a matter of law for violating a safety statute. While the conviction greatly simplifies proving fault, the plaintiff must still present evidence demonstrating that the driver’s impairment directly caused the collision and the resulting injuries. Furthermore, a criminal conviction heavily opens the door for the court to award punitive damages, which are designed to financially punish the offender for willful and wanton misconduct.

Can I file a claim if the drunk driver who hit me was under the legal drinking age?

Yes, you can absolutely file a civil personal injury claim if the at-fault drunk driver was under the legal drinking age of 21. In addition to pursuing the underage driver’s automotive liability insurance policy, Indiana’s dram shop laws allow you to hold commercial establishments or social hosts civilly liable if they unlawfully furnished the alcohol to the minor. This provides underage accident victims with multiple avenues to secure complete financial compensation for medical bills and related losses.

What evidence is most important in proving a drunk driving accident case?

The most critical evidence in an Indiana drunk driving injury case includes objective chemical test results documenting the driver’s blood alcohol concentration (BAC) via breath, blood, or urine tests. Official police accident reports, criminal court records of arrest or conviction, and dashcam or businesses’ surveillance videos capturing the collision are also foundational. Additionally, testimonies from eyewitnesses detailing physical signs of impairment at the scene, such as the odor of alcohol, slurred speech, or unsteadiness, provide essential support.

How long does it typically take to settle a drunk driving accident claim in Indiana?

Most drunk driving accident claims in Indiana take between 6 and 24 months to fully resolve or reach a formal settlement. The precise timeline depends on how long the injured victim requires medical treatment to reach maximum medical improvement, the complexity of the multi-car or dram shop investigations, and the willingness of the insurance carrier to negotiate fairly. If the insurance company utilizes delay tactics or disputes liability, forcing the attorney to file a formal lawsuit, the timeline can extend past two years.

Can a passenger in a drunk driver’s vehicle file a personal injury claim?

Yes, an injured passenger riding in a drunk driver’s vehicle has the full legal right to file a personal injury claim to recover damages. Because passengers are almost never at fault for a crash, they can seek compensation from their own driver’s liability insurance, another negligent motorist’s insurance policy, or both. Additionally, the Indiana Guest Statute rarely bars these claims, as the law explicitly excludes protection for drivers who operate a vehicle with willful, wanton, or alcohol-impaired recklessness.

What happens if multiple parties are liable in a drunk driving accident case?

When multiple parties share fault in an Indiana drunk driving accident, the state’s modified comparative fault system divides financial liability proportionally among all responsible entities based on their percentage of blame. For example, liability may be distributed between the intoxicated driver, another motorist who contributed to the crash, and a commercial bar that unlawfully over-served the patron. While involving multiple defendants can increase the total available insurance coverage, it often makes the claims process more complex as various insurance adjusters attempt to shift blame to minimize their respective payouts.

How do toxicology reports influence the outcome of a drunk driving injury claim?

Toxicology reports strongly influence civil injury claims by providing irrefutable, scientific evidence of a driver’s exact level of intoxication or substance impairment at the time of the crash. Presenting a toxicology report that shows a BAC at or above the legal limit of 0.08% effectively destroys the defense’s credibility and places the plaintiff in a dominant position during settlement negotiations. These medical reports are also heavily utilized by accident reconstruction experts to explain slowed perception and delayed driver reaction times to insurance adjusters or a jury.