FIGHTING FOR FAMILIES WHEN THE STAKES ARE HIGHEST

When individuals make the choice to drink and drive, they have decided to act negligently. Drunk driving accidents are always the result of negligence, as operating while intoxicated (OWI) is illegal in Indianapolis, as it is throughout the United States. Aside from criminal proceedings, victims of drunk driving accidents can take civil action to hold drunk drivers accountable and seek compensation for their losses.

Contact the Indianapolis drunk driving and vehicle accident attorneys at Wagner Reese for a free consultation. Call us at (888) 204-8440 or fill out and submit an online contact form today.

Indiana’s OWI Laws and What They Mean for Your Case

Indiana’s Operating While Intoxicated (OWI) law sets the legal blood alcohol concentration (BAC) limit at 0.08% for most drivers, with stricter limits of 0.04% for commercial drivers and zero tolerance for drivers under 21. When a driver is found to have been operating above these limits, that criminal violation becomes powerful evidence in your civil case. A drunk driver’s OWI conviction or even a failed field sobriety test can be used to demonstrate negligence and strengthen your claim for compensation.

What If the Driver Wasn’t Convicted?

A criminal conviction is not required for you to pursue a civil claim. The standards for civil liability are lower than the standards for criminal guilt, meaning that even if a drunk driver was not convicted of OWI, you may still have a valid personal injury claim. Our vehicle accident attorneys know how to build compelling cases using the available evidence, including toxicology reports, witness accounts, and police records.

Dram Shop Liability in Indiana

Indiana’s dram shop laws may also allow victims to hold bars, restaurants, and other alcohol-serving establishments liable when they negligently serve alcohol to a visibly intoxicated person who then causes an accident. This type of third-party liability can open additional avenues of recovery and is an important factor our attorneys evaluate in every drunk driving case.

Common Injuries in Drunk Driving Accidents

Because drunk drivers often fail to brake or take evasive action before impact, collisions involving impaired drivers tend to occur at full speed. The result is frequently catastrophic. Victims of these crashes commonly suffer traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, and severe lacerations that require extensive and sometimes lifelong medical treatment.

When Injuries Are Catastrophic

Some drunk driving victims face permanent disability, loss of motor function, or conditions that fundamentally alter every aspect of their daily lives. These are the cases Wagner Reese was built to handle. Our attorneys have a long history of representing clients with catastrophic injuries and fighting for the full compensation these life-changing losses demand. We do not settle for less than what our clients truly need to move forward

Impaired Driving Facts

According to the Centers for Disease Control and Prevention (CDC), while recognized tactics aimed at stopping individuals before they hurt someone through sobriety checkpoints, and measures designed to stop repeat offenders such as ignition interlocks, the best way to protect yourself is to drive defensively and to make sure that you and your passengers wear seatbelts.

Drunk driving at a glance:

  • According to the CDC, in 2010, over 100,000,000 adults reported that they had gotten behind the wheel after drinking.
  • Almost 1.5 million people were arrested in 2010 for DUI (driving under the influence of drugs and/or alcohol).
  • In 2010, approximately 1,200 children under the age of 14 were killed in auto accidents, and approximately 1 in 6 were killed in an auto accident involving an intoxicated driver.
  • One person is injured in a drunk driving accident almost every 90 seconds.
  • 248 of motor vehicle accident fatalities in 2012 were drunk-driving related.
  • In 2011, 226 children were killed in crashes involving drunk drivers. Over half of those children were in the car with the impaired person.

Wrongful Death Claims After a Drunk Driving Accident

Losing a loved one to a drunk driving accident is one of the most devastating experiences a family can endure, made all the more painful by knowing it was entirely preventable. Indiana law allows surviving family members to pursue a wrongful death claim against the driver responsible, seeking compensation for medical expenses incurred prior to death, funeral and burial costs, loss of financial support, and the profound emotional toll of losing someone irreplaceable.

The statute of limitations in Indiana imposes strict deadlines for filing these claims, and evidence begins to fade quickly after an accident. Reaching out to an attorney as soon as possible gives your family the best chance of preserving critical documentation and building the strongest possible case on your loved one’s behalf.

Recovery for Victims & Their Families

All too often, drunk driving accidents result in severe injury or death. Alcohol-related collisions are often more severe than other types of accidents as the drunk driver does not typically take any measures (such as braking) to avoid the collision. As a result, victims often suffer immense losses.

A personal injury claim involving an alcohol-related crash can help you recover compensation for:

  • Any medical bills you incurred as a result of the accident, including both immediate emergency treatment and ongoing medical costs
  • Lost income and/or wages if you had to take time off work to receive medical treatment for your injuries or were hospitalized
  • Lost or reduced earning capacity (also known as “lost future income”) if the accident left you disabled and/or unable to work
  • Property damage, including the cost of repairs to your vehicle and any other property-related expenses you incurred due to the accident
  • Non-economic damages, such as pain and suffering, emotional distress and PTSD, disfigurement, inconvenience, and loss of life quality

Additionally, if your loved one was killed in a drunk driving accident, you may be able to recover compensation for damages such as medical expenses incurred prior to death, unexpected funeral/burial costs, loss of companionship, emotional anguish, loss of support, and more.

The Importance of Acting Quickly After a Drunk Driving Accident

Evidence in drunk driving cases, including surveillance footage, toxicology reports, witness memories, and accident reconstruction data, can disappear rapidly in the days and weeks following a crash. Indiana’s statute of limitations for personal injury claims is generally two years from the date of the accident, but waiting that long to seek legal counsel can significantly compromise your case. The sooner an attorney is involved, the sooner critical evidence can be preserved, and a thorough investigation can begin.

Why Choose Wagner Reese for Your Drunk Driving Accident Case

Not every law firm is equipped to handle the complexity that serious drunk driving accident cases demand. Wagner Reese is a boutique personal injury firm that is selective about the cases it takes on, focusing on catastrophic injury and high-stakes litigation rather than quick, low-value settlements. With more than 150 combined years of legal experience, our attorneys bring the depth of knowledge these cases require. All of our attorneys are continuously recognized by Super Lawyers and The Best Lawyers in America, and our firm holds Tier 1 Best Lawyers Law Firm year after year.

We handle cases on a contingency fee basis, which means you pay nothing out of pocket and owe no attorney fees unless we win. Our fee structure is also more competitive than most firms of our caliber, because we believe that access to exceptional legal representation should not depend on a victim’s financial situation. When you work with Wagner Reese, you are not a case number but a person, and we treat you accordingly.

With more than 150+ years of combined legal experience and a proven track record of results, our Indianapolis drunk driving accident lawyers are prepared to help you fight for the just compensation you are owed. We offer compassionate, personalized legal services and aggressive advocacy on behalf of all our clients. Our services are provided on a contingency fee basis, meaning there is no upfront cost for you and you only pay if we win your case.

Call (888) 204-8440 or contact us online to request a free, no-obligation consultation.