Indianapolis Car Accident Attorney

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Car Accident Lawyers in Indianapolis

In 2019, there were 46,310 non-fatal car accident injuries and 800 fatalities in Indiana alone. Despite advances in onboard safety technologies, the number of injuries and fatalities has largely remained unchanged over the past decade.

Some years even saw an increase. Sadly, no amount or type of safety technology can make up for the inattentiveness and negligence of other drivers.

If you or someone you love was recently injured or killed in a motor vehicle accident, you can count on the Indianapolis car accident lawyers at Blackburn Romey. Reach out today for more information.

When you hire seasoned Indiana car accident lawyers from our firm, we take care of every step of your claim—from investigating the cause of your crash to taking your claim through settlement or trial so you can seek the compensation you deserve. We work hard to determine who caused your accident and how so that we can seek to hold the appropriate parties liable for your injuries and damages.

TABLE OF CONTENTS

The Best Car Accident Lawyer in Indianapolis

You may be wondering how to find the best accident lawyer in Indiana. Many attorneys claim to handle individual injury cases. Now, choosing a car accident attorney involves time and effort. Do your research and always ask questions. Analyze a law firm’s experience, reputation, results, and if their focus is on personal injury. You should seek a law firm that focuses on helping injury victims all day and every day.

Chad Romey, Personal Injury AttorneyBlackburn Romey represents auto accident victims professionally and compassionately. Our attorneys, through the years, take great pride in recovering thousands of dollars on behalf of our clients.

We believe that no one should worry about affording an attorney with our mission. We mean it when we say there is never a fee unless we recover money for you. Other firms require you to pay upfront to cover the costs of your case.

Not with Blackburn Romey, though. We don’t charge a penny until we secure your money. We can guarantee it and stop at nothing to win your case.

Contact a Car Accident Lawyer Near You

 

What Should You Do After A Car Accident?

If you were just in a car accident, Blackburn Romey encourages you to Get Medical help quickly first and foremost

inforgraphic about What to do after a car accident

Aside from getting the medical care you need, protecting your legal interest should be your priority after a car accident. You can protect your interests by:

  • Calling the police and filing a report—Indiana code requires law enforcement officers to investigate and submit a written report for any motor vehicle accident resulting in an injury or fatality or one that involves property damage of $1,000 or more. This report legally documents the accident, and your Indianapolis car accident lawyers can use it as evidence to help prove your claim.
  • Don’t apologize or offer explanations—for many people, it’s natural to apologize after a crash, no matter who is really at fault for what happened. However, suppose you apologize or begin explaining that you didn’t see the other person’s car because you were reaching for your coffee or the sun was in your eyes. In that case, it can be used against you. Exchange contact and insurance information and keep conversation to a minimum.
  • Hire Indiana car accident attorneys—having an attorney on your side from the beginning will help ensure that everything possible is done to protect your legal rights. Unfortunately, there are many issues and risks that laypeople are unaware of that could harm their claim. With representation from an experienced lawyer, you don’t have to worry about what you don’t know.
  • Stay off of social media—we know it’s easier said than done, but staying away from social media is often one of the best ways to protect yourself. Your information can get into the wrong hands and be twisted to serve the narrative of the other parties involved.

Why Choose Us

We know you have many options when selecting a personal injury attorney, but many people rely on our firm to represent their rights.

Experience

Our team has combined decades of experience handling all types of injury cases, both with insurance companies and in civil court. We bring all that we know about injury law to the table in each and every case.

Results

We have many satisfied clients who were able to move forward with their lives in a better financial position following a serious accident and injuries. We can discuss our past results with you during your free consultation.

Service

We are dedicated to our clients and communities in Indiana. Our goal is to provide comprehensive and compassionate legal services to injured and grieving individuals. We work hard to obtain the money you need so you can focus on recovery instead of worrying about medical bills, insurance claims, or lawsuits.

 

What Causes Car Accidents?

It seems that despite how hard car manufacturers try and no matter how many public advertising campaigns are run, some causes of car accidents remain common. Many of them are traceable to driver negligence. The most common causes of Indiana car accidents include:

Distracted Driving

Distracted driving covers a multitude of actions. Drivers can be distracted by:

  • Daydreaming
  • Passengers and pets
  • Eating or drinking
  • Personal hygiene or putting on makeup
  • Onboard sound systems
  • Cell phones or personal electronic devices
  • Circumstances outside their vehicle

No matter what the distraction is, there’s no excuse for a driver not devoting their attention to the road and their vehicle. Unfortunately, there’s no disputing that distracted driving is negligent and dangerous.

Driving Under the Influence

Whether it’s alcohol, illicit or prescription drug use, can’t operate their vehicles the same as they can when sober. Drivers under the influence make conscious decisions to use these substances, which should follow the serious decision to stay off the road. However, far too many don’t and end up seriously or fatally injuring innocent people.

Violating Indiana Road Rules

When drivers carelessly violate the rules of the road, they increase their chances of causing a car accident. Some of the most common road rule violations that lead to traffic accidents include tailgating and other forms of aggressive driving, speeding, failing to yield the right-of-way, and failing to use a turn signal.

Failing to Obey Traffic Signs and Signals

Traffic signs and signals help keep everyone on the road safe—drivers, passengers, bikers, cyclists, and pedestrians alike. They aren’t optional, and accidents will happen when drivers choose to ignore them.

Speeding

Driving above the speed limit or too fast for conditions is another common factor in many car accidents. Speed not only increases the risk of an accident but also increases the chances that the accident will cause serious injury or death.

 

Types Of Accidents

It is a given that no two accidents are similar. Our car accident attorneys work diligently to uncover every detail of your claim to ensure you are successful. 

  • Rear-end AccidentOne of the most common is a rear-end accident. In this type of crash, the front of one vehicle strikes the rear of another. These crashes often lead to soft tissue whiplash injuries resulting from the impact force. The collision might also cause the accident victim’s body to strike something in their vehicle, like the steering wheel, headrest, window, or door frame, leading to a serious injury.
  • Head-on CollisionAnother common accident is a head-on collision. In a head-on crash, the fronts of two vehicles that are moving in opposite directions strike one another. In the moments before impact, a distracted or intoxicated motor vehicle operator might cause their vehicle to veer across the median strip or center line on a dual-lane highway. These crashes are also the most likely to cause a fatality. 
  • Sideswipe CollisionsSideswipe collisions happen when the sides of two vehicles strike one another, usually on a busy highway. In a sideswipe accident, both vehicles are moving in the same direction. These crashes typically happen when a distracted driver negligently veers over into another travel lane.
  • T-bone AccidentsFinally, T-bone accidents, or broadside collisions, are common at traffic intersections where a vehicle fails to yield the right-of-way. For example, the driver might be in a hurry to get through a yellow traffic light, negligently striking the side of a vehicle traveling on the intersecting roadway.

If you have suffered injuries in one of these accidents, the skilled team of Indianapolis, IN car accident lawyers at Blackburn Romey are here to help. Our legal team can investigate the cause of your accident and file the appropriate claim or lawsuit against the at-fault party.

 

Car accidents can also be categorized in:

Truck Accidents

Truck accidents are the most devastating crashes because of their size. Tractor-trailers, 18-wheelers, vans, or other commercial vehicles weigh a significant amount. So, when there is impact at high speeds, the damages can be disastrous.

Passenger Accidents

Passenger accidents usually involve anyone in the vehicle who isn’t driving. We tend to see a lot of passengers who sustain injuries decide against filing a claim because they believe they would be suing their friend or relative who was behind the wheel. This is inaccurate. In reality, the passenger is suing the insurance company.

Multi-vehicle Crash

A third accident we see a lot is a multi-vehicle crash. Collisions can occur in various ways, and the results range all over too. Examples of different scenarios may include head-on collisions, lane crossovers, rear-end accidents, sideswipes, rollovers, and T-bone accidents.

Other accidents include:

  • Dangerous road conditions
  • Distracted driving
  • Bicyclists
  • Motorcyclists.

It is our duty at Blackburn Romey to help victims and passengers alike. You can count on Blackburn Romey to get the job done if you are injured in the following types of accidents.

 

Statistics for Car Collisions in Indiana

In 2020, Indiana had 275,667 individuals involved in traffic accidents. Of those, 896 succumbed to their accident injuries, 17,188 of them were incapacitated by their injuries, 21,725 had non-incapacitating injuries, and 235,858 reported no injuries at all. Counties with the highest number of accidents were Marion, Lake, Allen, Elkhart, and St. Joseph. 

Unfortunately, despite lower traffic numbers due to the COVID-19 pandemic, Indiana still had 813 fatal crashes, representing an 8.1 percent increase from 2019’s fatal crash numbers. Of those, 455 were single-vehicle crashes, and 442 were multi-vehicle crashes. Collisions on urban roads accounted for 373 of them, while collisions on rural roads numbered 524.

According to Indiana State Police, Marion County’s fatal crashes went from 103 in 2019 to 135 in 2020, representing a 31 percent increase in traffic deaths. In Hamilton County, fatal crashes doubled—causing 26 fatalities in 24 crashes last year. Experts attribute the increase in crashes and fatalities to Indiana residents facing the stresses of job losses, evictions, and food insecurities, causing them to use alcohol. In fact, the Criminal Justice Institute reports that ¼ of Indiana drivers involved in fatal collisions are legally impaired.

Statistics for Car Collisions in Indiana infographic

Statistics for Car Collisions in Indiana infographic

 

Why Hire An Attorney?

You might still be wondering why you should hire an attorney. A car accident attorney helps you get the most out of your case while protecting your legal rights.

  • You don’t have to worry about lost wages, medical bills, or dealing with insurance companies. Our Indiana auto accident attorneys handle every aspect of your case by collecting evidence and managing the complex claims process and confusing paperwork.
  • If you are unable to work and your medical bills are piling up, it can be overwhelming for sure. It is also tempting to accept a quick, low ball settlement. Do not accept the payment. Indianapolis auto accident lawyers have the skill set to determine who is liable for your injuries.
  • They also fight to get you the maximum amount of compensation.
  • Car accidents are notorious for changing one’s life in the blink of an eye. For example, attaching a dollar amount to the pain and suffering that impacts your quality of life is tough. With Blackburn Romey, you do not need to worry about whether or not we know the ins and outs of Indiana law.

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It helps if you invest in a lawyer that treats you and your family with respect, compassion, and caring during your challenging times. Blackburn Romey works hard to recover a fair compensation amount for any mental anguish, discomfort, stress, and disfigurement. If applicable, we even fight to compensate the victim’s spouse for any lost companionship.

It will help if you exercise extreme caution when dealing with insurance companies. Don’t believe everything you hear. Insurance companies are in business to make money. That may mean denying your claim instead of offering you a low-ball settlement.

Blackburn Romey advises you not to say anything or sign anything. Call us right away to even the playing field. Our attorneys stand up to the lawyers at big insurance companies. We are all too familiar with their tricks.

 

How To Know If You Have A Case

Determining whether or not you have a case on your hands relies on many different factors. For instance, the severity of your injuries may be at fault and whether you need surgery or time off from work. Insurance coverage plays a crucial role in deciding if you have a legitimate claim to file.

The best way to find out if you have a case is to call Blackburn Romey for a free case evaluation. It is free and confidential, and there is no obligation to hire us. Be wary that valuable time and evidence can disappear as the clock ticks.

The next aspect that requires attention is the value of your injury claim. This depends heavily on the evidence, extent of your injuries, ability to work, and how the accidents affect your daily life.

 

Length of a Car Accident Case

Some accident claims settle within a matter of weeks or a couple of months, while others can take several months or even years. Personal injury claims, such as car accident cases, don’t follow a set schedule. Instead, their duration can be quite unpredictable. While most car accident cases follow a predictable process, the duration of each step of the process is erratic and an estimate at best. Some accident claims settle within a matter of weeks or a couple of months, while others can take several months or even years. 

Factors that impact the duration of a car accident injury case are:

  • The type and severity of the victim’s injuries
  • How many people were injured in the accident
  • The willingness of the at-fault party’s insurance company to accept fault
  • How many at-fault parties are involved
  • The circumstances of the accident
  • The strength of the evidence in support of your claim
  • If your case can settle or will go to trial
  • If it goes to trial, the court’s schedule and availability

While you don’t have much control over how long your case might take, there are some steps you can take to help expedite the process and make it easier on yourself. First, contact an Indiana car accident attorney as soon as possible after your accident. They can ensure that evidence is collected while still fresh, which will maximize your claim and possibly save time later. 

Listen carefully to what your lawyer tells you to do or not do—if you don’t, you could jeopardize your case. If your attorney asks you to complete forms or make any phone calls (usually, this is in relation to giving them permission to access your medical records or insurance policies), be sure to make it a priority. You should also seek medical care immediately and follow your doctor’s medical advice. 

 

Recoverable Damages in Car Accident Cases

Victims of Indianapolis car accidents can find themselves seriously injured and damaged. In addition to recovering monetary compensation for your doctor visits, medical procedures, and lost earnings, we could help you recover monetary damages for your:

  • Physical pain and suffering
  • Loss of earning capacity
  • Permanent disability
  • Loss of life enjoyment
  • Loss of spousal companionship and family support
  • Loss of the ability to use a body part
  • Emotional distress

 

Things to Know Before Selecting an Indiana Car Accident Lawyer

The Importance of Choosing the Right Attorney

Choosing an Indiana car accident lawyer can hinder or lead to the success of your claim. This means that choosing the right one for your case is of utmost importance. Select the wrong one, and you could end up with some compensation but not the compensation you deserve for your severe injuries and damages or even nothing at all. On the other hand, selecting the right Indiana car accident lawyer can make all the difference in the world. 

It can give you the time and space necessary to heal after suffering traumatic physical, mental, and emotional injuries. The right lawyer can help alleviate your anxieties and prepare you for the process of a car accident claim, settlement negotiations, and a possible trial. They will also have impeccable negotiation skills and know how to use your case’s strengths and the other party’s weaknesses to their advantage. 

Questions to Ask Your Potential Attorney

Before you hire an attorney, it’s a wise idea to schedule a consultation. During this consultation, you can get to know them better and ask some questions. They will also ask you questions about your accident and injuries to determine if you have a viable case. Be sure to ask your potential attorney:

  • What is your experience and education?
  • What are some examples of cases like mine that you’ve handled in the past?
  • Will you be the attorney assigned to my case?
  • Do you have time to work on my case now?
  • How do you handle client communications?
  • Are you willing to take my case to trial if a fair settlement can’t be reached?
  • Do you work on contingency fees?
  • What strengths and weaknesses do you see in my case?
  • How long will my case take?

How Long Do You Have to File a Car Accident Lawsuit in Indianapolis?

The Deadline For Filing A Court Case Is Two Years. It should go without saying that generally, the sooner you file your car accident claim, the sooner it can be resolved. However, what many injured people don’t know is that there is a legal deadline for filing a court case for your claim.

This deadline is called a statute of limitations and can vary from one state to the next. In Indiana, the deadline for filing a court case is two years from the date of the car accident. This doesn’t mean that the case must be resolved within that time; rather, simply that the first court filing must be made within that time frame. 

Can The Statute Of Limitations Be Tolled or Paused?

Sometimes the statute of limitations can be tolled or paused. For example, suppose the injured party is a minor child. In that case, the injured party doesn’t learn about their injuries until after the date of the accident or if the offending party leaves the state.

Connecting with an Indiana car accident attorney as soon as possible after an injury accident is essential, as they will know the deadline for filing your case. They will also ensure that if it becomes necessary to file a court case, yours is filed on time. 

Suppose you fail to file your legal case within the statute of limitations. In that case, you won’t have any recourse for receiving compensation. As such, this is a critical deadline. Even though two years might seem like a long time, your attorney will need time to investigate and adequately prepare your case for settlement negotiations and a potential trial if your case doesn’t settle.

Standing up for the rights of injury victims in Indiana for decades.

-Chad Romey

Call Our Experienced Indiana Car Accident Attorneys

Being injured in a car accident is never in anyone’s plans. However, if you find yourself in this position, make it your plan to contact the Indiana car accident attorneys at Blackburn Romey as soon as possible. They will protect and fight for your rights so that you can get the compensation you deserve. Call us today to schedule a no-obligation consultation.

Personal Injury & Wrongful Death is all we do

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Frequently Asked Questions

In most circumstances, the Indiana Statute of Limitations to file a personal injury claim is two years from the date of injury. There are possible exceptions to the general Indiana statute of limitations, which can extend the amount of time to file a claim. The statute of limitations might be extended based on age, disability, incapacity, or other compound circumstances.

It’s best not to accept the first offer you’ve received right away, as you’ll want to determine whether it covers all of your medical expenses for your accident, lost wages, personal property damage, temporary transportation, and pain and suffering.  Many factors can help you decide if you should accept an insurance settlement. One of the key resources that you should utilize when it comes to insurance claims and settlement offers is to consult with an experienced car accident attorney.

Four general elements of negligence must be proven, whether a case is from a car accident, a dog attack, workplace injury, or other personal injury matters. The four elements of negligence are:

  • Duty of Care: This is the obligation of one person to provide reasonable care to another where there can be foreseeable harm.
  • Breach of Duty: this is the failure to behave in such a way that a reasonable person would under those same circumstances.
  • Causation: The plaintiff must prove that the defendant’s actions are the cause of their harm and damages.
  • Damages: Damages are the result of the actions or omissions of the defendant.

Personal injury law is designed to hold negligent parties accountable for the harm they cause. However, an injury victim must present evidence to prove negligence to obtain compensation.

If someone else was negligent and caused your injuries, you could have a valid claim for compensation. We can listen to what happened and evaluate whether you have a claim during your free case assessment.

Claim values vary widely based on a variety of factors, including (but not limited to), severity (and permanency) of the injuries, length of recovery, medical bills, the type of health insurance coverage you have, whether or not you are partially at fault for the accident, the quality of insurance covering the at-fault party, the county where the accident occurred, the identity of the at-fault party, among many others. As you can see, it is not a simple process to determine the value of your case, and sometimes it is not a quick process either. Some of these things take time to develop. We would need to assess your situation and losses to advise you on the possible value of your case.

Many people think they can save money by handling an injury claim on their own. In fact, many of our clients come to the initial meeting in our office with an offer from the insurance company already in hand. Getting an offer isn’t hard; getting the RIGHT offer is the key. However, the right attorney can often significantly increase the amount of your recovery, so it is worth it to seek help from our experienced attorneys.

Hiring our firm requires no payment up front, and you will never pay fees unless we settle your case or secure a jury verdict. Then, payment comes from your settlement – never out of your own pocket.

We have decades of experience focusing exclusively on personal injury and wrongful death claims. Please refer to our practice area page. While this list isn’t exhaustive, it does show the types of cases we most commonly see. If we feel another lawyer is better suited for your type of case, we will happily point you in the right direction.

While most cases settle without going through a jury trial, our lawyers have spent significant time in the courtroom. Before hiring a lawyer, make sure to ask if they have jury trial experience.

While you follow the laws and drive safely, other drivers do not. Many accidents are preventable by negligent drivers. The only thing you can control after a collision is what you do. The accident scene can be chaotic, but you must stay calm and take these steps:

  • Check for any injuries to occupants in your vehicle and the other parties involved.
  • Call for an ambulance if there are injuries.
  • Request police to report the accident.
  • Exchange driver information like registration, licenses, names, and phone numbers
  • Take photos and video of the vehicles, surrounding areas, and injuries.
  • Inform the insurance company there was an accident along with the time and place it occurred. Keep these communications brief and do not discuss fault or liability.
  • Call Blackburn Romey for an initial consultation.
  • Review settlement offers with a car accident lawyer.

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There is a two-year window where accident victims can file car accident lawsuits. However, the insurance company will have stricter deadlines, usually within a week. The insurance wants you to report your accident within their timeframe so they can investigate and determine your outcome. You can risk a case dismissal if you wait until after this period to take action. There are some exceptions pertaining to minors or when there is a delay in identifying the injuries.

For minors, the two-year deadline begins when they turn 18. Another exception would include when a person is mentally or physically disabled, such as in a coma. Once the individual is no longer legally disabled, the timeline for their claim begins. Another exception is if the individual dies during the two years. The timeline is then extended eighteen months from the death date.

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The amount you can obtain for your losses will depend on various factors. Minor injuries can cost a few thousand dollars, while catastrophic injuries can reach into the millions. The more severe your injuries are, the higher your claim amount can be. Analysis of various Indiana car accident payouts include:

The majority of your settlement will depend on your injury severity. First, the insurance company, juries, and attorneys will examine the scope of your injuries and relevant medical bills. Next, they will evaluate lost wages and out-of-pocket expenses. Our Indiana car accident lawyers will also seek compensation for pain and suffering when it applies.

We live in a tort state where victims can seek compensation from the at-fault driver. They do not have to rely on their insurance for injury claims. This applies to mild, moderate, and severe injury cases. Some factors that can impact your settlement amount include:

  • Multiple claimants
  • Shared fault
  • Auto policy limit
  • Commercial policies
  • Uninsured motorist coverage
  • Punitive damages

It is best to work with an Indiana car accident attorney to determine what will impact your case and calculate your case worth.

There are two ways to settle your injury car accident claim. You can either resolve it through settlement negotiations or court litigation. Depending on which path you take, your timeline will vary. Every case timeline will vary, but most cases take a year to resolve. A settlement process often takes one to three months to resolve and usually involves negotiating with the insurance company using evidence.

The lawsuit process is more exhaustive and includes the following steps:

  • Filing a complaint and sending it to the defendant
  • The defendant will submit a response within the allotted time (usually 30 days)
  • The discovery process commences. This involves both parties gathering evidence to build their cases. Depending on case complexity, this can last for months to over a year.
  • Mediation and negotiations will be ongoing during and after discovery actions.
  • The trial is possible when all other resources and processes are exhausted. Opposing sides will present evidence to the judge and jury to sway them.
  • An appeal is possible if one party is unsatisfied with the trial results. This can take months or years.

The case may be resolved at any moment during negotiations. As you might imagine, all of these steps can extend your timeline. Your Indiana car accident attorney will work to resolve the case as quickly as possible for a fair amount.

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.

Areas We Serve

Fort Wayne Car Accident Attorney

If you’ve been hurt in a car accident caused by someone else’s negligence, you deserve the best legal representation. Reach out our dedicated and caring team of Fort Wayne car accident lawyers.

South Bend Car Accident Attorney

Were you injured in South Bend car wreck? You deserve the best legal advice from a dedicated and sympathetic team of South Bend car accident lawyers.

Indianapolis Car Accident Attorney

If you’ve been injured in any type of car accident caused by someone else’s negligence, you deserve the best legal counsel from a team of Indianapolis car accident lawyers.