Everyone knows what an accident is—it is an unexpected occurrence that is generally unpleasant, often caused by our own carelessness. Things change when an Indianapolis accident is caused by the negligence of others, and when personal injuries occur as a result of that accident. Indianapolis accidents laws allow victims to collect compensation from all negligent parties if the accident was someone else’s fault.
The definition of accident under Indianapolis accident law
Under the law, an accident must meet several qualifications before an individual can collect compensation for injuries:
- A duty to the victim must exist on the part of the person who caused the injury
- The other person did not carry out the duty owed to the victim
- The victim suffered damages
- The other person’s failure caused injury to the victim
Areas of Practice:
HEAD & Spinal Injuries
Fire & Explosions
You need a personal injury attorney who has experience with Indianapolis accident laws
Each type of accident carries its own special situations that can muddy the issues in a personal injury case. Whether you live in Indianapolis or elsewhere in Indiana, it is critical to retain a personal injury attorney with exceptional experience and knowledge of the laws. The attorneys at Yosha Cook Shartzer & Tisch offer expertise acquired from decades of experience. Our attorneys evaluate your case for free and at no obligation.
Types of Indianapolis accidents
Indiana personal injury law does not stipulate the types of accident that qualify for compensation. Any accident that meets these qualifications can be eligible for compensation in civil court. Still, certain types of accident cases are most typically filed under personal injury law. The following are just a few examples:
- Auto vehicle accidents: Negligent parties are not always drivers in these cases. While the collision of two or more cars, trucks, or motorcycles is the most common type of accident, single-vehicle accidents can occur due to hazards caused by poorly maintained roads, an equipment malfunction, or a host of unexpected reasons.
- Slip and fall accidents: A person injured due to unsafe premises may assume the property owner is automatically at fault, and this is often the case. The identification of who was negligent becomes more challenging if the property owner paid an outside vendor to repair a fault and the repair was substandard.
- Dog bites: In Indiana, dog bite law falls under multiple jurisdictions—city, county, and state, as well as a separate law for postal workers. The law generally favors dog bite victims provided they did not provoke the dog. Under the law, an owner is broadly defined and covers anyone responsible for the dog at the time the bite occurred. Since three or even four sets of laws interact for every situation, these cases can quickly become complicated.
- Wrongful death: When a negligent act causes death, the family members of the deceased can obtain compensation for their loss. However, wrongful death does not only apply to accidents. When a violent criminal act is the cause of death, wrongful death can be charged in a civil action that is separate and distinct from any criminal charges. The victim’s family can sue and win a civil case even if an individual is cleared of criminal charges.
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