Accident Attorney in Fort Wayne, Indiana

Your right to a recovery depends on whether the other driver was negligent. Examples of negligence include speeding, tailgating, running a red light or failing to pay attention. Drunk driving, distracted driving and drowsy driving may all be underlying causes. If the other driver lacks insurance or has insurance that fails to fully pay for your damages, you may need to turn to your own UM/UIM policy.

When a crash involves a large commercial truck, many parties may be legally responsible. The list could include the trucker, trucking company, shipper, broker, mechanic, truck or truck part manufacturer and even a government agency. Because the stakes are so high for these parties, they may make it difficult to gather and collect evidence. An immediate, aggressive investigation will need to be conducted.

In these collisions, the vehicle driver often tries to blame the motorcyclist for the crash. This is a serious issue in Indiana, where a plaintiff can be barred from recovering anything if found to be more than 50 percent at fault (and, otherwise, can have his or her damages reduced in proportion to the degree of fault). You will need a thorough investigation of your case to challenge those claims.

As in motorcycle accident cases, defendants in these cases often try to pin fault on the injured pedestrian or bicyclist. For example, the vehicle driver may claim that he or she had the right of way at the time of the collision. It is crucial to examine all available evidence, which may indicate that the vehicle driver actually wasn’t paying attention at the time of the crash or failed to yield the right of way.

In most personal injury cases, you have two years from the date of the accident to file a claim. However, in highway construction zone accidents, you may be suing a government agency. Under the Indiana Tort Claims Act, you will need to give notice to that agency within 180 days (city or county) or within 270 days (state). Additionally, if you are found to be even 1 percent at fault, you may be unable to recover damages. It will be crucial to get help from an experienced accident attorney as soon as possible.

Many construction workers who are hurt on the job in Fort Wayne and Huntington may have the ability to go beyond workers’ compensation benefits when seeking a recovery for their injuries. It is important to determine whether the negligence of a non-employer, or third party, caused a construction site accident. If so, a worker may have the right to seek personal injury damages.

In Northeastern Indiana, many slip and fall cases involve the failure of a business owner to clear away snow and ice within a reasonable period of time. The owner may vigorously challenge liability by claiming that not enough time passed or that “black ice” caused the accident. It is important to work with a lawyer who will gather the evidence it takes to establish the owner’s liability.