In 2018, drivers’ failure to yield caused more accidents than any other risk factor, according to a report from the Indiana University Public Policy Institute (IUPUI). Failing to yield often involves vehicles pulling out into oncoming traffic, leading to dangerous side-impact collisions.
If you suffered injuries in a failure to yield accident, an Indianapolis failure to yield accident lawyer from Ben Crump Law, PLLC will evaluate your case and explain your legal options. Our attorneys work on a contingency-fee-basis, which means that you do not pay us anything unless we secure a settlement or judgment for you.
While we investigate your accident, deal with the insurance companies, and possibly take your case to court, you do not have to worry about our legal fees. In fact, we do not want you to worry about anything besides recovering from your injuries. Let us take care of your legal matters.
To begin a free consultation, call our team today at (800) 598-7557.
Compensable Losses in a Failure to Yield Accident
Indiana has several statutes that control the flow of traffic and provide guidance for yielding to the right of way. If a motorist violates one or more of these statutes, they may face a fine or traffic citation. For instance, per Indiana Code (IC) §9-21-8-32, vehicles at a stop sign must yield to vehicles that are not required to stop.
At Ben Crump Law, PLLC, our primary goal involves recovering compensation for you and your family. We will calculate the cost of your expenses using the evidence present in your case.
Some compensable losses include:
- Medical expenses. You can usually factor the reasonable cost of your medical bills into the value of your case. This includes compensation for emergency transportation, surgical procedures, medications, and hospitalization.
- Rehabilitation costs. Some serious injuries require intensive care over a prolonged period. If your injuries required physical therapy, we can factor those costs into your claim.
- Lost income. If your injuries prevented you from earning your regular income, we can evaluate your employment records to calculate this expense.
- Diminished future earning capacity. Your injuries may prevent you from working in the same capacity you did before the accident. If so, you can recover the difference between what you were capable of making before versus what you are capable of making now.
- Pain and suffering. Your claim can include the cost of pain and suffering, which compensates you for the trauma of being injured.
This is not a complete list of recoverable damages. Your Indianapolis failure to yield accident lawyer can explain your financial recovery options in further detail.
For a free legal consultation with a failure to yield accidents lawyer serving Indianapolis, call 800-598-7557
Employable Measures Following an Accident
You will want to start laying the groundwork of your case as soon as possible. The events that happen in your case’s infancy could ultimately affect its outcome. For instance, according to IC §9-26-1-1.1, following an accident, you must stop as close to the scene as possible. You need to provide your name and vehicle registration information to the other party and render assistance if necessary. You also need to report the accident to your insurance company.
IC §9-26-2-4 requires law enforcement to investigate any accident involving death, injury, or property damage in excess of $1,000. If possible, document as much of the scene as you can, including taking pictures of your vehicle’s damage and speaking with witnesses.
Afterward, seek medical attention as soon as possible, and keep records of your medical bills, pain levels, and time missed from work. You should also consider reaching out to an Indianapolis failure to yield accident lawyer to make sure that your rights are protected.
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Indiana Operates Under Modified Comparative Fault Laws
Because Indiana is an “at-fault” state, the driver responsible for your accident may hold liability for your damages. However, Indiana also uses a comparative fault standard, per IC §34-51-2-5. This means that, if you were 20% to blame for the accident, you could only recover 80% of your damages. This standard is used both in the courtroom and by insurance companies when preparing settlement offers.
Filing an Insurance Claim
Most personal injury cases do not make it to court. With this information in mind, you could resolve your case through an insurance settlement. Under Indiana law, every motorist must have minimum insurance liability coverage, as detailed by the Bureau of Motor Vehicles (BMV).
This includes:
- $25,000 in bodily injury liability (BIL) per person
- $50,000 in BIL per accident
- $25,000 in property damage liability (PDL)
Your lawyer can review the details of the involved insurance policies to see if you have coverage options. Call Ben Crump Law, PLLC to learn more.
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Explaining the Financial Recovery Process
In an ideal scenario, the at-fault driver’s insurance company would make an offer that adequately compensates you for your collision-related damages. However, the other driver in your case may not have insurance or perhaps only has the minimum required limits. If you opted for underinsured or uninsured motorist coverage, you may seek compensation under these policies.
Yet, some insurance companies are less than forthcoming when it comes to adequately compensating injured claimants. They may offer you less than what your damages are worth or deny liability altogether. If you and your legal team cannot reach a fair settlement offer with the liable insurance company, then you can file a lawsuit and go to court.
Per IC §34-11-2-4, most claimants have a two-year period to file a lawsuit. Your lawyer can review the facts of your case and explain what bearing the state’s statute of limitations has on your case.
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Seeking Legal Help with Ben Crump Law, PLLC
Failure to yield accidents take place when drivers are careless, distracted, or perhaps intoxicated. You should not have to suffer because of someone else’s negligence. You deserve justice.
An Indianapolis failure to yield accident lawyer from Ben Crump Law, PLLC will fight to get you the compensation to which you are entitled. To begin a free case evaluation, call our team today at (800) 598-7557.
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