Carmel is a gem of a city in its own right, but its proximity to Indianapolis is one of its many perks. While that proximity makes it easy for locals to day-trip down to Keystone Parkway or downtown Indianapolis, it also exposes Carmel locals to significant and dangerous highway traffic.Out-of-town motorists, semi-truck drivers, and snowplows can all put Carmel residents in harm’s way if they ignore the rules of the road while driving on I-465 or any of Carmel’s nearby highways. Fortunately, accident survivors can contact a Carmel highway accident attorney with Vaughan & Vaughan to discuss their right to a civil claim after a terrible crash.
Indiana Drivers Owe You a Duty of Care
Drivers from in and out of state have a social obligation to protect one another from harm on the road. Civil courts refer to this responsibility as a driver’s duty of care. While the care that drivers take doesn’t have to be extreme, it should be reasonable. Similarly, drivers should make a reasonable effort to avoid reckless or negligent behavior that might endanger their peers.
Many civil courts in Indiana interpret exhibitions of negligence as a violated duty of care. For example, a driver accused of texting behind the wheel can be accused of both criminal misconduct and civil negligence. In turn, any parties injured by that party’s misconduct may have the right to demand compensation from the at-fault party in civil court.
This means that if you want to argue that you deserve negligence after a highway accident, you need to prove that:
- The accused owed you a duty of care at the time of your accident
- The accused violated that duty of care via some form of negligence or deliberate recklessness
- You suffered economic losses as a result of the aforementioned negligence or recklessness
- Those losses have had a long-term impact on your financial well-being
In other words, you must make a claim identifying the negligence that caused your accident. You must then defend your claim with evidence taken from the scene of your accident. While you can do this alone, working with a Carmel, IN, highway accident attorney can make the process go more smoothly.
How to Take Legal Action After a Highway Accident
If you want to argue for your right to highway accident compensation, you must compile information regarding your accident’s fault and losses in a personal injury claim. That claim then needs to reach Indiana’s civil courts within the deadline established in Indiana Code §34-11-2-4. This deadline caps your actionable time at two years.
The Benefits of Filing a Highway Accident Claim
Pursuing legal action against an at-fault party may feel impossible if you’re contending with serious injuries and property damage after a highway accident. However, Vaughan & Vaughan strives to make it as easy as possible for you to do so by spearheading your lawsuit against a liable party.
When you let our attorneys investigate your losses and build you a civil claim:
You Get a Say in How You Secure Your Compensation
It’s easy to feel like your life has spun out of control after a highway accident. Our lawyers want to help put you back in the driver’s seat. Provided the complaint we file on your behalf goes through, we can help you dictate how you want to negotiate for the highway accident settlement you deserve.
For example, if the party liable for your losses seems belligerent or uncooperative, you can take your highway accident case straight to court. A judge can then oversee your argument for compensation. A jury will subsequently determine your right to compensation.
Alternatively, you can have our attorneys schedule out-of-court negotiations with the party responsible for your accident. Neither of these processes is better than the other, but negotiating for a settlement can let you secure the support you need faster than a civil trial. We can discuss the pros and cons of both paths with your case’s specific circumstances in mind.
You Can Demand Damages from the At-Fault Party
Whether you were hit on the Spaghetti Bowl or Carmel’s more localized highways, a highway accident can put you in a difficult financial situation. Medical bills, property damage, and lost wages add up over time and can force you to rely on credit to facilitate your recovery.
Fortunately, Carmel highway accident lawyers can help you advocate for your right to post-accident damages. If you can succinctly argue that another party bears fault for your accident, you can demand that said party provides you with the financial support to facilitate your recovery.
We determine the value of your post-accident damages by finding the sum of your economic and non-economic losses. Your highway accident’s economic damages include those losses that generate bills, like medical expenses and property repairs. Your non-economic damages, comparatively, do not generate bills but can include:
- Emotional distress
- Pain and suffering
- Mental anguish
- Wrongful death, if applicable
Our team relies on state-approved multipliers to assign an economic value to these losses. You can discuss how non-economic losses impact your right to highway accident damages during a no-obligation consultation with our team members in Carmel.
You don’t Have to Worry About Legal Fees
Vaughan & Vaughan offers its legal services on contingency. This way, you never have to worry about legal fees. Instead, we can work out a contingency fee agreement during an initial case consultation. We don’t get paid for the services we offer you unless we win your case.
Let Vaughan & Vaughan Help You Recover from a Highway Accident
Indiana is known as the Crossroads of America for a reason. Indianapolis and its Spaghetti Bowl are one of the most traversed highways in the state. Carmel’s proximity to the Spaghetti Bowl allows locals a bit of breathing room, but residents are still at risk for highway accidents. Fortunately, accident survivors like you can take action after a dangerous collision.
Vaughan & Vaughan highway accident attorneys in Carmel, IN, have the experience to help you file a personal injury claim after a crash. You can contact our team through our website or by calling our office to discuss what damages you deserve in the face of someone else’s negligence. Our team can help you file your claim well before your statute of limitations expires.