Highway Accident Lawyers in Indianapolis

No one expects a highway car accident, but when it happens, the injuries, damage, and medical costs can quickly become overwhelming. In a busy city like Indianapolis, where traffic is unpredictable and road conditions change from block to block, the chances of serious car accidents are even higher. Trying to move forward on your own, especially when insurance companies are involved, can place a heavy burden on your recovery.

That’s where an experienced Indianapolis car accident lawyer from Poynter and Bucheri can make all the difference. Whether you’re dealing with lost income, growing medical bills, or a long recovery, our skilled car accident lawyers will walk you through your options, protect your rights, and help you seek the compensation you deserve. Contact us at 800-265-9881.

Speeding as a Leading Cause of Highway Accidents in Indianapolis

speeding is a common cause

Speeding is one of the most common—and most dangerous—causes of car accidents in Indianapolis. Many drivers admit to speeding during their daily commutes or on familiar roads. While it’s easy to assume most speed-related car accidents happen on highways, studies show they’re far more likely to occur on local roads.

Drivers often justify speeding for all kinds of reasons—being late, keeping up with traffic, losing focus, or even just enjoying the rush. But regardless of the cause, speeding puts everyone on the road at risk. It reduces reaction time, increases the likelihood of losing control, and makes high-speed car accidents far more likely to result in serious injuries.

Those harmed by speed-related crashes are often left dealing with overwhelming medical bills, lost wages, and emotional distress. While filing an Indianapolis car accident case can help recover these losses, going through the process and negotiating with insurance companies is challenging without experienced legal support.

Working with a skilled Indianapolis car accident lawyer will help hold the at-fault party accountable and fight for the fair compensation you’re entitled to.

Increased Speed Limits on Indiana Highways

Indiana lawmakers have recently explored raising speed limits on certain highways, which has sparked ongoing debate about safety.

Recent proposals include:

  • House Bill 1308: Increases the speed limit on rural interstates from 70 to 75 mph.
  • Senate Bill 13: Raises truck speed limits from 65 to 70 mph to reduce vehicle speed differences.
  • House Bill 1078: Eliminates speed limit differences between cars and trucks in non-urbanized areas.

While some lawmakers argue that uniform speed limits could improve traffic flow, agencies like the Indiana Department of Transportation have raised safety concerns. Many highways weren’t built for higher speeds and would require costly updates.

As of 2025, no proposals have been enacted, but the risk of increased speed limits remains.

Types of Distracted Driving That Can Cause a Highway Accident

Distracted driving is a leading cause of car accidents in Indianapolis and across Indiana. Even a brief lapse in attention can result in devastating crashes, serious injuries, or even wrongful death.

Types of Distracted Driving

Three primary forms of distraction can lead to a car accident:

  • Visual – Taking your eyes off the road (e.g., looking at your phone or GPS)
  • Manual – Taking your hands off the wheel (e.g., eating or adjusting controls)
  • Cognitive – Taking your mind off driving (e.g., daydreaming or deep conversation)

Texting while driving is especially dangerous because it simultaneously involves all three types of distractions.

If you’ve been injured in an automobile accident caused by a distracted driver’s negligence, you may be entitled to seek compensation for your medical expenses, lost income, and pain and suffering.

At Poynter & Bucheri, our experienced Indianapolis car accident lawyers can help you file a strong Indiana car accident case and hold the at-fault party accountable. We offer a free case evaluation to review your situation, answer your questions, and help you understand your legal options.

Indiana’s Hands-Free Cell Phone Law

indiana hand-free law

To reduce distracted driving, Indiana enacted the Hands-Free Law in July 2020. This law prohibits drivers from holding or operating a phone while behind the wheel. Instead, all communication must be done using hands-free technology such as Bluetooth, voice commands, or dashboard mounts.

Violating this law can result in fines, points on your license, and, most importantly, increased danger for everyone on the road. Yet, negligent car accidents continue to happen.

If you were injured by a driver illegally using their phone, it could strengthen your car accident case. Proving that the at-fault driver violated the Hands-Free Law may help your Indianapolis car accident attorney pursue financial compensation for your injuries.

At Poynter & Bucheri, our experienced car accident lawyers offer a free consultation to help you understand your rights and take the next steps toward a winning car accident lawsuit.

Poor Highway Infrastructure and Design Causes Accidents

Not all car accidents are caused by drivers. Sometimes, road conditions are to blame. Poor infrastructure or faulty design can turn an ordinary drive into a serious hazard.

Common examples include:

  • Potholes or crumbling pavement
  • Faded or missing lane markings
  • Inadequate lighting or signage
  • Sharp curves without warnings
  • Uneven surfaces or shoulder drop-offs
  • Faulty or missing guardrails

These hazards can cause drivers to lose control, swerve unexpectedly, or miss critical visual cues, often leading to a car accident caused by the condition of the road. When government negligence contributes to a car crash, victims may be able to file a car accident claim against the responsible agency.

These cases are complex and time-sensitive. Indiana imposes strict statute of limitations and notice requirements for claims against government entities (often shorter than in standard personal injury cases). Insurance companies often delay or deny valid claims during liability investigations, making it even harder for crash survivors to pursue fair compensation.

It’s essential to contact a car accident law firm right away. At Poynter & Bucheri, our experienced Indianapolis car accident lawyers can help you build a strong case and seek full compensation for your injuries, property damage, and other losses. We offer a free consultation to review your situation and explain your choices.

Indiana’s Highway Maintenance Tort Law

Indiana allows injured parties to file a tort claim against a city, county, or state agency if poor roadway conditions contributed to a car accident. However, there are strict rules and deadlines under the Indiana Tort Claims Act that must be followed:

  • You must file a notice of claim within 180 days (for city or county roads) or 270 days (for state roads).
  • You must show that the government knew or should have known about the hazard and failed to take timely action.
  • Claims must be properly documented, including photos, accident reports, and evidence of injuries or damages.

These accident claims are often met with resistance, as the government may claim immunity or argue that reasonable steps were taken. That’s why working with an experienced car accident attorney who understands how to fight the system and gain fair compensation is paramount.

Motorcyclists Are Especially Vulnerable on the Highway

Highways are dangerous for everyone, but the risks are even greater for motorcyclists. Without the protection of a vehicle frame, airbags, or seatbelts, riders are far more exposed in the event of a car crash. At high speeds, even a minor impact can lead to life-altering injuries.

Common highway hazards for motorcyclists include:

  • Driver inattention
  • Debris or potholes
  • Sudden stops
  • Poor weather visibility or slick pavement
  • Vehicles following too closely

Unfortunately, many motorcycle accidents happen because drivers fail to see or properly yield to motorcycles. In these cases, injured riders have the right to pursue financial compensation from the at-fault driver.

If you’ve been injured while riding, an Indianapolis car accident attorney at Poynter and Bucheri can help you file a personal injury lawsuit and recover the full extent of the damages caused.

The Risk of Life-Changing Injuries Increases in Highway Accidents

collisions on highway more dangerous

Highway accidents are among the most devastating crashes. With higher speeds and less time to react, collisions on highways are much more severe than those on local roads.

Semi-trucks, which are far more common on highways than neighborhood streets, travel at high speeds and carry significant weight. When involved in a crash, they can cause catastrophic injuries due to the sheer force of impact.

Some of the most common catastrophic injuries include:

These injuries can lead to permanent disability, require lifelong medical treatment, and drastically affect a person’s ability to work, move, or enjoy daily life.

The road to recovery after a car accident can be long and costly, and you deserve to be compensated for every part of it, not just what an insurance adjuster may initially offer. That’s why contacting an experienced car accident attorney as soon as possible is crucial to protecting your rights and fighting for the full compensation you need.

Semi-Trucks and the Dangers They Pose

Semi-trucks on Indiana highways pose a significant risk to everyday drivers. Due to their size and weight, collisions with passenger vehicles often result in catastrophic or fatal injuries. In most cases, the smaller vehicle absorbs the worst of the impact, leaving accident victims with serious injuries, long-term recovery needs, and financial strain.

Truck accidents are often caused by driver fatigue, improperly loaded cargo, mechanical failures, distracted or impaired driving, and limited visibility due to large blind spots.

These cases tend to be complex, involving multiple potentially liable parties such as the driver, trucking company, maintenance provider, or cargo handlers. Injured individuals must also deal with insurance adjusters who may try to minimize payouts with early, lowball settlement offers.

An experienced car accident lawyer can make all the difference. At Poynter & Bucheri, we manage negotiations with insurance adjusters, gather key evidence, and fight to secure maximum compensation for medical bills, lost wages, pain and suffering, and long-term medical treatment.

What You Should Do Immediately Following a Highway Accident

don't admit blame

The moments after a highway accident can be chaotic and disorienting, but what you do next can make a big difference for your safety, recovery, and any potential car accident claim.

Here’s what to do immediately after a crash:

Get to Safety

If you can, move your vehicle to the shoulder or a safe area off the highway to avoid further collisions. Turn on your hazard lights.

Check for Injuries

Check yourself and others for injuries. Don’t try to move anyone who appears seriously hurt unless there’s immediate danger (like fire or incoming traffic).

Call 911

Report the accident to emergency services. Even if it seems minor, having police and medical personnel on the scene is crucial for documentation and safety.

Document the Scene

Take photos or video of the accident scene, including any vehicle damage, road conditions, skid marks or debris, license plates, and visible injuries. This kind of documentation can be valuable evidence to support your accident claim later.

Exchange Information

Get the names, contact info, driver’s license numbers, insurance company details, and license plate numbers or everyone involved. Also, collect contact info from witnesses if possible.

Do Not Admit Fault

Even if you think you may have been partially at fault, avoid saying anything that could be interpreted as admitting blame. Let the investigation determine the facts—and avoid speaking to the other party’s insurance company without legal guidance.

Seek Medical Attention

Even if you feel fine, injuries like whiplash or internal trauma may not show symptoms right away. A medical record also strengthens your personal injury claim.

Contact an Attorney

A car accident attorney can protect your rights, handle negotiations with insurance adjusters, and pursue compensation for your pain and suffering, medical bills, vehicle damage, and other losses. If you decide to take legal action, having an attorney gives you the best chance at seeking compensation.

How Rideshare Highway Accidents Are Different

Highway accidents involving rideshare vehicles like Uber or Lyft come with unique legal and insurance challenges. While the crash may look like any other car accident on the surface, the fact that a rideshare driver is involved can significantly affect how liability is determined and how insurance coverage applies.

Whether you’re a passenger, another driver, or a pedestrian, it’s important to understand that multiple parties and insurance companies may be involved. The rideshare driver’s status during the accident—whether off duty, waiting for a ride, or actively transporting a passenger—plays a huge role in determining which insurance company pays and how the insurance claim processes.

Insurance Requirements for Rideshare Companies

One of the biggest differences between a rideshare crash and a traditional car accident is how insurance works. In a standard collision, the at-fault driver’s insurance company is usually responsible for covering damages. However, with rideshare vehicles, multiple insurance policies may come into play, each with different limits and conditions based on what the driver was doing at the time of the crash.

Rideshare companies provide tiered commercial insurance coverage that applies based on the driver’s app status:

  • Driver not logged into the app: Only the driver’s personal insurance policy is in effect.
  • Driver logged in but not yet matched with a passenger: The rideshare company provides limited liability coverage—typically up to $50,000 per person and $100,000 per accident.
  • Driver en route to a passenger or actively transporting one: The rideshare company’s full commercial policy applies, offering up to $1 million in liability coverage.

Because these phases can shift within seconds, it’s not always clear which insurance company is responsible. Determining the right coverage often requires reviewing app logs, GPS data, and trip records. This confusion can delay your insurance claim and complicate the process without legal guidance.

Why Seeking Damages After a Rideshare Accident Is More Complicated

Rideshare crashes tend to be more complex than traditional car accidents for several reasons:

  • Multiple insurance companies may be involved.
  • Corporate legal teams often represent the rideshare company’s interests.
  • The driver’s employment status (as an independent contractor) can create legal hurdles.
  • Third-party claims administrators may handle insurance on behalf of the rideshare company.
  • State laws and liability rules may vary depending on where the accident occurred.

In some cases, another driver may be at fault—meaning their insurance company should pay. In others, the rideshare driver may share liability, which could activate coverage from both parties. If vehicle defects or road hazards are involved, manufacturers or government agencies might also be held partially responsible. This web of potential liability can slow down the process and complicate who pays what.

Adding to the difficulty, Uber and Lyft often attempt to distance themselves from liability by classifying their drivers as independent contractors rather than employees. That means victims typically file a car accident claim against the rideshare company’s insurance provider rather than the company itself.

Accident victims frequently encounter low settlement offers, delayed responses, and confusion over which insurance claim applies. Because of all the corporate layers, it’s easy to feel like you’re getting the runaround, which is why having an auto accident lawyer on your side can make a big difference.

Dram Shop Liability in a Highway Accident

Pam C. testimonial

When a drunk driver causes a highway accident, they may not be the only one legally responsible. Under Indiana’s dram shop laws, victims can also hold bars, restaurants, or other establishments accountable if they served alcohol to someone who was visibly intoxicated and that intoxication was a foreseeable cause of the crash.

If the drunk driver’s insurance doesn’t fully cover your losses, pursuing the establishment may be the only way to reach a fair settlement.

Dram shop cases involve going up against businesses and their insurance companies. An experienced auto accident attorney at Poynter & Bucheri can gather the right evidence, handle negotiations, and fight on your behalf.

Why You Need To Call the Police if You’re Hit by a Drunk Driver on the Highway

Calling the police after any motor vehicle accident is always important, but it’s especially critical if you suspect the other driver is intoxicated. Here’s why:

  • Police reports provide major evidence, including field sobriety tests and signs of impairment.
  • They support your personal injury lawsuit, especially when seeking damages or filing a dram shop claim.
  • Drunk drivers may flee the accident scene, and having police on the way helps ensure the crash is documented.
  • It protects others—reporting an impaired driver may prevent future harm.
  • It helps preserve your right to insurance benefits, including underinsured motorist coverage, which often requires an official report.
  • Insurance companies may deny or delay claims without proper accident scene documentation.

Even if the damage seems minor, don’t just exchange info; report the auto accident and let law enforcement handle it. Your health, your case, and your coverage may depend on it.

Get an Indianapolis car accident attorney involved in drunk driving cases immediately. A car accident lawyer can protect your rights, deal with insurance companies, and help you seek compensation from all at-fault parties.

Indiana’s Modified Comparative Fault Law

Indiana uses a modified comparative fault system under Indiana Code § 34-51-2, which applies to highway accidents and other personal injury cases. This means you can still recover damages even if you’re partly at fault—as long as you’re less than 51% responsible for the accident. However, your compensation will be reduced in proportion to your share of the fault.

For example, if you’re awarded $100,000 but found 30% at fault, you would receive $70,000.

This rule applies to most personal injury claims, but it does not govern cases involving government agencies, which are handled under the Indiana Tort Claims Act and follow a separate set of rules and limitations.

Because fault directly impacts your ability to recover, working with an experienced Indianapolis car accident lawyer is essential to protect your rights and pursue fair compensation. Poynter & Bucheri offers a free case evaluation with our qualified auto accident attorneys to help you understand your options under Indiana personal injury law.

Breach of Duty

speed cameras

To determine how much fault each party holds, the court will look at whether someone breached a legal duty of care. The plaintiff must first prove that the defendant owed them a legal duty and breached that duty. In a car accident case, all drivers have a duty to operate their vehicles safely and follow traffic laws.

A breach of duty occurs when a driver fails to act with reasonable care. Common examples include:

  • Speeding
  • Running a red light or stop sign
  • Driving under the influence
  • Texting or using a handheld device
  • Failing to check blind spots or yield properly

Proving a breach is the first step in showing negligence. Having an Indianapolis car accident attorney by your side throughout the legal process can help you pursue a fair settlement to cover your medical expenses, lost wages, and other damages.

Proving Causation

After establishing that a duty was breached, the next step is to prove causation—that the defendant’s actions directly caused the automobile accident and resulting injuries.

There are two key components to causation:

  • Actual cause: The injury would not have occurred “but for” the defendant’s conduct.
  • Proximate cause: The injuries sustained were a foreseeable consequence of the defendant’s actions.

Proving causation often requires strong evidence, such as:

  • Police reports and crash scene analysis
  • Medical records and expert testimony
  • Eyewitness accounts
  • Traffic or surveillance camera footage

Without clear causation, a personal injury claim can be denied or reduced—even if a breach of duty is proven. Insurance companies often dispute causation to limit payouts, which is why having a skilled car accident lawyer matters.

At Poynter & Bucheri, our Indianapolis car accident attorneys know how to gather the right evidence, challenge insurance company tactics, and build a strong case to prove causation.

Missing Indiana Driving Laws That Could Reduce Highway Accidents

over 18 don't have to wear helmets

While Indiana has taken steps to improve road safety, there are still noticeable gaps in legislation that, if addressed, could significantly reduce motor vehicle accidents.

Here are a few areas where Indiana law falls short:

No Statewide Law Requiring Helmets for Adult Motorcyclists

Indiana doesn’t require adults over 18 to wear helmets on motorcycles, increasing the risk of traumatic brain injuries and fatalities. Studies show that universal helmet laws significantly reduce both the severity and number of motorcycle-related deaths.

Lack of Automated Speed Enforcement

Indiana does not use automated speed enforcement (like speed cameras) on its highways. While effective in other states, Indiana’s enforcement relies entirely on limited law enforcement resources to catch and penalize speeders.

No Comprehensive Law on Drowsy Driving

Unlike driving under the influence, drowsy driving is not explicitly addressed under Indiana law. Fatigue, especially among commercial drivers or those on long trips, poses a serious risk. While tiredness is hard to regulate, stronger oversight and required rest periods for all drivers could help reduce fatigue-related car crashes.

Inconsistent Enforcement of Truck Safety Regulations

While Indiana does regulate commercial truck operations, enforcement is inconsistent across counties and regions. This creates gaps in oversight for issues like weight limits, maintenance standards, and driver fatigue—factors that play a significant role in car accidents involving large trucks.

Limited Public Education on Work Zone Safety

Although Indiana enforces reduced speed limits in construction zones, public awareness efforts remain limited. More consistent education through permanent signage, media campaigns, or driver training could boost compliance and improve safety in these high-risk areas.

Improving or enacting legislation in these areas could lead to fewer auto accidents, less severe injuries, and more lives saved. Until then, individuals injured due to unsafe driving conditions or regulatory gaps may still be entitled to compensation, especially with the help of a car accident law firm and their experienced Indiana personal injury lawyers.

Municipal Negligence on Indiana Highways

driver error

Not all highway accidents in Indiana are caused by driver error. In some cases, the local or state government may be at fault due to municipal negligence—a failure to properly maintain, design, or oversee safe road conditions.

Municipalities are responsible for ensuring that public highways are reasonably safe for drivers. When they fail to meet this obligation, they may be liable for accidents resulting from their inaction or oversight. Causes of these accidents include:

  • Unrepaired potholes or roadway deterioration
  • Improper or missing signage (e.g., no warning for sharp turns, construction, or speed changes)
  • Malfunctioning traffic lights or signals
  • Failure to remove road debris in a timely manner
  • Poor drainage causing dangerous standing water or ice
  • Inadequate guardrails, barriers, or lighting

Bringing an Indiana car accident claim against a city, county, or the state of Indiana involves additional legal challenges. These claims fall under the Indiana Tort Claims Act, which has strict procedures and a shorter statute of limitations than standard personal injury cases.

Because various forms of legal immunity often protect municipalities, these cases are best handled with the help of an experienced personal injury attorney.

Municipal negligence cases require detailed documentation, expert analysis, and a clear understanding of procedural rules. But when successful, they hold public entities accountable—and can lead to compensation for victims and long-term improvements to highway safety.

The Likelihood of Recovering Punitive Damages After a Highway Accident

Punitive damages are rarely awarded in Indiana highway accident cases. These damages are designed to punish especially reckless or intentional behavior, not just ordinary negligence. As a result, only a small number of personal injury claims meet the strict legal criteria.

Indiana courts may consider punitive damages in cases involving:

  • Driving under the influence of drugs or alcohol
  • Street racing or excessive speeding
  • Intentional harm or acts of road rage
  • Repeat offenses or a history of reckless driving behavior
  • Knowingly operating a vehicle with serious mechanical defects

Even in these situations, the evidence must be clear and convincing. Indiana courts apply a much higher burden of proof than standard damages.

Contact the Highway Accident Lawyers at Poynter & Bucheri

acting quickly after car accident

Acting quickly is important if you’ve been injured in a highway car accident. Indiana’s statute of limitations places strict time limits on filing a claim, and waiting too long can weaken your case. At Poynter & Bucheri, our experienced Indianapolis car accident lawyers are here to guide you through every step of the legal process.

We offer a free consultation to review your case, discuss your options, and help you move forward with clarity and confidence. Let a dedicated car accident lawyer fight for the full compensation you’re entitled to.

Contact Poynter & Bucheri today at 800-265-9881, or click here to schedule your free consultation and take the first step toward true recovery.