DUI Accident Lawyer

Indianapolis DUI Accident Lawyer

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Driving under the influence of alcohol or drugs is illegal in Indiana. When a drunk or drugged driver causes a drunk driving accident, the driver should have both types of legal consequences: criminal charges and a civil claim. 

Poynter & Bucheri drunk driving accident attorneys have been helping Indianapolis DUI accident victims since 1996, and we know how to fight a drunk driver’s insurance company so you can receive maximum compensation.

An experienced Indianapolis DUI accident attorney will help protect your rights if you’ve been injured in an accident.

Contact Poynter & Bucheri Law Firm at 1-800-265-9881 for a free consultation with one of our drunk driving accident lawyers in Indianapolis. 

Hire Poynter & Bucheri for Your DUI Accident Lawsuit

The Indiana personal injury attorneys of Poynter & Bucheri Law Firm aggressively investigate and pursue all drunk driving accident victims’ claims. We believe that injured victims of drunk drivers deserve to receive full compensation for their injuries and damages.

Drunk, Drugged, and Intoxicated Driving Facts in Indiana

According to the Centers for Disease Control, about 1 in 3 traffic fatalities in the United States are the result of accidents caused by driving with a blood alcohol content over the legal limit.

Here are a few startling drunk driving statistics:
  • In 2023, more than 2,737 OWI cases were investigated by the Indiana Police.
  • In 2023, an estimated 122 were killed by an alcohol-impaired driver.
  • In Indiana, about 3.38 people are killed in car accidents involving a drunk driver per 100,000 state residents.
  • Drinking and driving kills about 28 people per day in the United States.

Contact at 1-800-265-9881 to request your free consultation with an Indianapolis DUI accident lawyer and learn how to seek compensation from the drunk driver’s insurance company.

When and Where Does a Drunk Driving Accident Typically Occur?

While DUI accidents can occur anytime and anywhere, there are some dates and times that are more likely to result in impaired drivers on the road, leading to a greater likelihood of DUI accidents.

As stated above, one such time is “closing time” for drinking establishments, particularly in areas of heavy nightlife or colleges and universities.

In Indianapolis, this means locations such as Broad Ripple, Fountain Square, and Massachusetts Avenue.

Other times when drunk driving accidents may be more common are:
drunk driving accidents
  • Holidays based on drinking, like New Year’s Eve, St. Patrick’s Day, Cinco de Mayo, Memorial Day, the Fourth of July, Labor Day, and Halloween.
  • Nights before or weekends near holidays, such as “Black Wednesday” (or the night before Thanksgiving) and the following weekend.
  • The period between Memorial Day and Labor Day is known as the “100 Deadliest Days” because it coincides with summer break and travel plans for high school and college students.
  • The month of August sees seven of the 25 most deadly days in the United States, which makes it the most dangerous and fatal month to be driving.
  • Weekends or evenings of significant sporting events, like the Super Bowl, NBA Tournament games, NCAA March Madness games (particularly the Final Four), and the 500 Mile Race in Indianapolis.
  • Of traditional days, Saturday is the most dangerous day, with the AAA Foundation for Traffic Safety finding that 31% of fatal DUIs occur on the weekend.
  • The hours of midnight to 3 am, during which drunk driving crashes are four times more likely to occur.

Contact us at 1-800-265-9881 now for your free personal injury case review with PBAR, Indianapolis’ best personal injury lawyers.

Injuries Common in Drunk Driving Accidents 

drunk driving accidents

A 2012 CDC report found that in Indiana, between 1.4% and 2.1% of drivers admitted to driving after having too much to drink within the last 30 days of the survey. 

Driving under the influence is not something to brag about and can cause irreparable damage to the life of the drunk driver as well as those they may injure or kill.

DUI accidents can cause traumatic injuries for all individuals involved in the crash, including those who didn’t choose to make the reckless decision to drive under the influence.

In many drunk driving accidents, a drunk driver is speeding at the time of the crash or collides with another vehicle head-on.

Injuries sustained in a drunk driving accident often may include:
  • Traumatic Brain Injuries (TBIs)
  • Comas, concussions, and other brain injuries
  • Spinal cord injuries, including paralysis
  • Back and neck injuries
  • Fractures and broken bones
  • Internal bleeding and damage to internal organs
  • Amputations
  • Burns, scarring, and disfigurement
  • Disability and permanent impairment
  • Death
The injuries from a drunk driving car wreck can result in expensive medical care, such as:
  • Imaging (X Rays, CT Scans, and MRIs)
  • Surgery
  • Lengthy hospital stays
  • Physical therapy
  • Occupational therapy
  • Continued medical care
  • Prescription medicines
  • Counseling/Mental Health Services
drunk driving crash

The cost of medical treatment and personal care after an accident can be significant. 

From the moment DUI car accidents occur, medical costs begin to rack up, with the emergency first responders, such as ambulances, costing, on average, between $2,000 and $2,290 in Indianapolis.

Beyond the cost of medical treatment, drunk driving accident victims often suffer substantial financial damages because of lost wages and loss of earning capacity.

For a drunk driving accident victim who suffers a permanent impairment, the financial damages can total hundreds of thousands of dollars and completely disrupt their life and livelihood.

In a fatal car accident, a wrongful death claim can cover expenses incurred due to the accident.

Contact us at 1-800-265-9881 for your free personal injury case review with a drunk driving accident attorney from the Poynter & Bucheri law firm.

The Emotional Toll of Being a Drunk Driving Accident Victim

Injured victims almost certainly suffer some degree of physical pain and mental anguish, no matter how good the medical care they receive is. Some victims develop PTSD because of the accident. Others will suffer emotionally for years to come, upsetting their relationships with family members, spouses, coworkers, and friends.

It is common for victims to lose their self-confidence, self-esteem, and sense of self-worth due to someone choosing to be a drunk driver. 

If you are injured in an accident caused by a drunk driver, speaking with DUI accident lawyers will help you determine what compensation is available for your drunk driving accident case. 

Types of Compensation DUI Accident Victims Can Claim

After a DUI/OWI (Operating While Intoxicated) accident in Indiana, victims may be eligible for various types of compensation, depending on the extent of their injuries and other damages.

The most common types of compensation that motor vehicle accident victims may pursue include:
drunk driving accident
  • Medical Expenses: This includes compensation for all medical bills related to the drunk driving accident, including emergency room treatment, hospital stays, surgery, medication, rehabilitation, and future medical expenses related to the injuries sustained in the accident.
  • Lost Wages: Auto accident victims may be compensated for wages lost due to time taken off work to recover from injuries. This may also include compensation for any loss of earning capacity if the injuries result in a long-term or permanent disability affecting the victim’s workability.
  • Pain and Suffering: Compensation for pain and emotional distress, including past and future pain and suffering, may be awarded.
  • Property Damage: Victims of car or motorcycle accidents may be compensated for repairing or replacing their vehicle or other property damaged.
  • Loss of Consortium: This type of compensation is awarded to a victim’s spouse or family members for the loss of companionship, care, and support resulting from the victim’s injuries.
  • Punitive Damages: In drunk driving accident cases where the driver’s conduct was reckless or egregious, the court may award punitive damages to punish the defendant and deter similar conduct.

It’s important to note that the exact types of personal injury cases and amounts of compensation available will vary depending on the case’s specific circumstances, including the severity of the injuries, the extent of property damage, and other factors. Victims of DUI/OWI car accidents in Indiana are encouraged to consult with a qualified personal injury attorney who can assess their DUI accident case and help them pursue the maximum compensation available.

Get in contact with us at 1-800-265-9881 for a free evaluation of your case by a Poynter & Bucheri Law Firm drunk driving accident lawyer.

Who Can Be Held Responsible for Drunk Driving Accidents?

liability for drunk driving

In Indiana, liability for drunk driving accidents typically falls on the drunk driver who caused the accident. 

However, it’s essential to have an experienced legal team because liability may extend to these parties (and their insurance companies): 

  1. Intoxicated Driver: The primary party responsible for a drunk driving accident is the drunken driver. Driving under the influence of alcohol or drugs is illegal in Indiana. If the driver’s impairment leads to an accident, they can be liable for injuries or damages.
  2. Dram Shop Liability: Indiana has dram shop laws that can hold establishments such as bars, restaurants, or liquor stores liable for serving alcohol to visibly intoxicated individuals or minors who subsequently cause a drunk driving accident. Read more about liquor liability and dram shop laws here.
  3. Social Host Liability: In some drunk driving accident cases, individuals who provide alcohol to guests at social gatherings may be held liable if they serve alcohol to someone who is already visibly intoxicated and that person later causes a drunk driving accident.
  4. Vehicle Owners: Vehicle owners may be held liable for accidents caused by someone they allowed to drive their vehicle if they knew or had reason to know that the driver was intoxicated or otherwise unfit to drive.
  5. Employers: Employers may be liable for a drunk driving accident caused by their employees if the accident occurred while the employee acted within the scope of their employment.

Each personal injury case depends on various factors, including your legal representation, insurance companies, and the timing of legal process proceedings.

If a drunk driver hurts you, call 1-800-265-9881 now to speak with an Indianapolis drunk driving accident attorney about your personal injury case.

Proving Fault and Liability In a Drunk Driving Accident Claim

injuries caused by drunk driving

If a driver is arrested for operating while intoxicated or impaired driving, the arrest is just one piece of evidence used to prove fault and liability for a DUI auto accident.

As with other motor vehicle accidents in Indiana, you must prove that the other driver caused the crash before you can recover compensation for your damages.

The fact that the driver was impaired during the collision may not be sufficient to prove the driver caused the drunk driving crash itself. You must have evidence proving the driver did something to cause the collision.

For example, the driver crossed your traffic lane, rear-ended your vehicle, failed to yield the right of way, ran a stop sign, or committed another traffic infraction that caused the collision.

Once you prove that the other driver caused the drunk driving accident, you can hold the driver liable for your damages.

Our experienced Indianapolis DUI personal injury attorneys thoroughly investigate drunk driving accidents to gather evidence that proves the drunk driver caused the crash.

Examples of evidence that we might use to prove fault and liability in an Indiana DUI accident include:
  • Law enforcement officers who prepared the drunk driving accident report
  • Statements from eyewitnesses
  • Videos and photographs of the drunk driving accident scene
  • Physical evidence from the scene and the vehicles
  • Videos from businesses surrounding the drunk driving accident scene
  • Expert witnesses, such as a drunk driving accident reconstructionist
  • Details of the criminal drunk driving case
  • Proof of the drunk driver’s BAC (Blood Alcohol Concentration) to prove they failed the sobriety test

We know how to stand up to resistant insurance companies. Call 1-800-265-9881 today for a free evaluation of your case by a Poynter & Bucheri drunk driving accident lawyer.

Signs a Drunk Driver May Have Hit You

drunk drive indiana

Once the police officer responds to the car accident scene, they can assess and test the driver for intoxication or impairment. 

However, before they arrive, you may wonder whether or not the driver who caused your car accident was impaired, or you may even have suspicions based on their behavior on the road before the accident.

Some tell-tale signs that the other driver was under the influence include:
  • Turning with a wide radius
  • Weaving
  • Straddling lane markers
  • Erratic breaking
  • Erratic changes in speed
  • Stopping without reason

As an accident victim, you’ll want to keep track of anything the drunk driver reveals about themselves, intentionally or not, before the police officers arrive.

Call Poynter & Bucheri, a drunk driving accident lawyer, at 1-800-265-9881 today for a free evaluation of your case.

What to Do If You Are Injured in a DUI Accident

If you’re a DUI accident victim, the steps you want to take are similar to those of a car accident. Due to their intoxication, you may have to deal with the other driver’s inability to provide their insurance companies, addresses, or other information.

Additionally, there is the chance that a drunk driver who is aware they drove while intoxicated may try to flee the scene to avoid a DUI charge and jail time.

It is essential to get as much of the drunk driver’s information as possible after an accident. 

Of course, if you are a seriously injured accident victim, your health and medical condition should come first. Our drunk driving accident attorneys can help gather evidence to prove drunk drivers are negligent and our clients deserve compensation. 

If you feel you are in a condition to take photos of the drunk driver, their vehicle, and license plate, do so. 

Your photos show where the cars landed, road conditions, and witnesses present. They can be crucial to your case.

Once you’ve taken a few photos, you can exchange information such as name, address, phone number, and insurance with the drunk driver while waiting for the responding officers to arrive.

Other necessary steps include:
  • Calling 911 and reporting the accident
  • Report any injured victims and seek medical care
  • Getting out of the way of any oncoming traffic if possible. If your vehicle is not drivable, you can get yourself off the road
  • Taking photographs and video of the scene, including both cars and the road, and any property damage
  • Exchange information with the drunk driver
  • File a report with the responding officer

After the Accident: Medical Evaluation

Even if you feel you are not injured from the accident, it is important in the case of drunk driving accidents that you seek medical attention as soon as possible. 

Some serious injuries take hours to days to display symptoms like whiplash. Other internal injuries may not be readily apparent to you due to shock and adrenaline from the accident. 

Too often, we want to claim that “we’re fine” when, in reality, we may be unaware of the severe injuries we sustained. Even injuries considered “no big deal” should be photographed and noted.

Additionally, any injuries or symptoms you suffer in the coming weeks and months after a car accident should be reported. Be sure to alert your doctor that you were involved in a car accident and ask them to note this in your official medical record. 

Apart from information about your symptoms, do not share more details about the accident with the doctor or medical provider before consulting a personal injury lawyer.

To seek compensation for your DUI accident claim, call 1-800-265-9881 to request your free consultation with a Poynter & Bucheri Indianapolis DUI accident lawyer.

After the Accident: Social Media Regarding Your Accident

traffic fatalities

After a DUI accident, it is important not to post photos, videos, or information about your accident or injuries on the internet. 

What you may perceive as your private profile is not as private as you think. Ask your loved ones not to share and avoid discussing your drunk driving accident case in private messages or texts and emails. 

Sharing information and photos may cause your insurance company to question your reactions and the severity of your drunk driving accident’s injuries. 

If the accident leads to a wrongful death lawsuit, it’s essential to limit the information about the accident and the victim’s injuries.

What Is My DUI Accident Claim Worth?

It can be challenging to place a dollar figure on your pain and suffering after a DUI crash. The insurance company for the drunk driver may accept liability for the accident, which is good.

However, the company may try to settle your personal injury claim for much less than your claim’s actual value.

You need experienced help to fight insurance companies with deep pockets, so now is the time to seek legal representation. We aim to maximize the money you receive for your drunk driving claim.

The money will not undo the damage caused by a drunk driver, nor will money ease your pain and suffering.

However, the compensation for a DUI accident claim can help you pay for your medical expenses and living expenses as you continue to heal and recover from the life-changing consequences of a drunk driving accident.

Our Indianapolis DUI Accident Lawyer Can Help You!

client review

If you suffer an accident caused by negligent, careless, or reckless acts of another person or party, our Indiana personal injury lawyers may be able to help you.

Your first step is to contact Poynter & Bucheri, LLC drunk driving accident lawyers for a free consultation.

You may have the legal right to recover substantial compensation for your medical bills, lost wages, pain, and suffering.

Did you know most drunk driving accident lawyers and personal injury law firms charge up to 40% in personal injury attorney fees? 

Our personal injury lawyers charge only 25%*, and we fight to win your case, or you pay no attorney fees at all. 

Don’t hesitate—Poynter & Bucheri drunk driving accident lawyer can immediately assist you.

Call our law firm at 1-800-265-9881 for a free case review to learn about your legal rights to hold negligent parties responsible and liable for DUI injuries under Indiana’s personal injury laws.

Video Transcript

Hi, I’m Rich Bucheri from Poynter & Bucheri Injury Attorneys. Today, I want to talk about the importance of consulting an attorney right away if you are injured by a drunk driver. 

DUI accidents often are very severe car crashes because you have inebriated people behind the wheel, and they end up drifting into their lane and hitting somebody head-on or simply not paying attention and maybe running over a pedestrian. 

The injuries that result from these DUI crashes can be very, very, very severe. 

When we’re talking about a severe accident, then we need to determine other sources of liability because oftentimes, these people are driving cars. At the same time, they’re drunk and don’t have adequate insurance. 

Either they have low-limit insurance policies, or they don’t have any insurance policies at all. In Indiana, somebody who serves somebody alcohol that they know is visibly intoxicated is also liable for damages that result from a DUI accident.

So, it’s essential to do an investigation to determine where this person was served their alcohol.

If it was a restaurant or establishment that possibly has a commercial policy that’s available, then we may need to pursue that because we’re talking about severe car crashes causing severe injuries.

It’s also important to contact the Prosecutor’s Office right away when doing an investigation.

These DUI accidents often result in criminal charges. Most DUI accident claims follow the criminal prosecution, and you get to speak with the defense attorney and prosecutor. 

The criminal defendant must cooperate so that they can make restitution to the person who was injured in the motor vehicle accident.

A DUI defendant doesn’t necessarily have to cooperate because they have the right to remain silent through the proceeding.

Experienced personal injury attorneys are needed to communicate with the parties involved and let them know that it’s in their best interest to cooperate so that they can mitigate some of the damage that they caused.”

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