DUI Accidents

DUI Accident? Call PBAR

YouTube video

Driving under the influence of alcohol or drugs is illegal in Indiana. When a drunk or drugged driver causes an accident, the driver should face criminal and civil penalties. Impaired driving negatively impacts the lives of thousands of individuals and families each year. When an impaired driver causes a DUI/DWI accident, the accident victims can face lifelong consequences or even death because of a driver’s reckless and negligent decision to get behind the wheel of a vehicle after drinking or taking drugs.

If you have been injured in a DUI accident, you need an Indianapolis DUI accident attorney to protect your rights. Contact the law office of Poynter & Bucheri, LLC for a free consultation with one of our DUI accident lawyers in Indianapolis. Call 1-800-265-9881 now for your free case review with a PBAR attorney.

Proving Fault and Liability in a DUI Accident Claim

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 types of 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 at the time of the collision may not be sufficient to prove the driver caused the crash. You must have evidence proving the driver did something to cause the collision.

For example, the driver crossed into your lane of traffic, 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 DUI accident, you can hold the driver liable for your damages.

Our experienced Indianapolis DUI attorneys thoroughly investigate the accident 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:

  • The accident report prepared by law enforcement officers;
  • Statements from eyewitnesses;
  • Videos and photographs of the accident scene;
  • Physical evidence from the accident scene and the vehicles;
  • Videos from surrounding businesses;
  • Expert witnesses, such as an accident reconstructionist; and,
  • Details of the criminal case;
  • Failed sobriety test.

Dedicated Advocates for DUI Accident Victims

The Indiana DUI accident attorneys of Poynter & Bucheri aggressively investigates and pursues drunk driving accident claims. We believe that victims of drunk drivers deserve to receive full compensation for their injuries and damages.

To learn about your legal rights and your options for recovering compensation for your DUI accident claim, call 1-800-265-9881 or (317) 780-8000 to request your free consultation with an Indianapolis DUI accident lawyer.

Fast Facts: Drunk and Drugged Driving in Indiana

According to the Center for Disease Control, about 1 in 3 fatal traffic accidents in the United States are the result of drunk driving. Here’s where Indiana fits in:

  • In 2018, 83 Hoosiers died from crashes that involved one or more drunk drivers. Of those fatalities, 3/4 were male.
  • 1,532 individuals were injured in Indiana by drunk drivers in 2018.
  • In 2018, 33% of all impaired drivers were aged 25-34.
  • 1/3 of Hoosier drunk driving accidents occurred on roads outside of urban areas in 2018.
  • 5% of vehicular crash fatalities involved an alcohol-impaired driver in 2018.

To learn about your legal rights and your options for recovering compensation for your DUI accident claim, call 1-800-265-9881 or (317) 780-8000 to request your free consultation with an Indianapolis DUI accident lawyer.

Why Do DUI Accidents Occur?

A DUI accident can occur anywhere; however, some scenarios increase the risk of a drunk driving accident including:

  • Drivers leaving bars and restaurants
  • Drivers attending social parties at homes or other locations where alcohol was served
  • Drivers leaving sports and entertainment venues that serve alcohol
  • Drivers who take medication that impairs driving ability

Additionally, drivers who are over-served at a restaurant, bar, or social gathering become dangers to themselves and others. If you or a loved one is injured in a DUI, you could also be due compensation from the individual or establishment who served the driver. If a drunk driver or intoxicated person has injured you, call 1-800-265-9881 now to speak with an Indianapolis dram shop liability attorney. To better understand how liquor liability can affect your Indiana DUI case, please visit our practice page dedicated to liquor liability and dram shop laws.

If possible, avoid driving when bars and other establishments serving alcohol are closing for the evening. In addition, if you notice a driver who exhibits signs of impaired driving, put more distance between your vehicle and the other vehicle and report the driver to local law enforcement.

When and Where Do DUI Accidents 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 DUI accidents may be more common are:

  • Holidays, particularly ones associated with nights out and drinking such as 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 weekend that follows.
  • The period between Memorial Day and Labor Day, known as the “100 Deadliest Days” due to it coinciding with summer break and travel plans for high school and college students.
  • The month of August, which sees seven of the 25 most deadly days in the United States, which makes it the most dangerous and deadly month to be driving.
  • Weekends or evenings of large sporting events, such as the Super Bowl, NBA Tournament games, NCAA March Madness games (particularly the Final Four), and in Indianapolis, the 500 Mile Race.
  • Of traditional days, Saturday is the most dangerous day, with the AAA Foundation for Traffic Safety finding 31% of fatal DUIs occurring on the weekend.
  • The hours of midnight (12 am) to 3 am, during which crashes are four times higher.

Injuries and Compensation in DUI Accident Claims

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. This is an alarming statistic. Driving under the influence is not something to brag about and can cause irreparable damage to the life of the 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 cases, a drunk driver is speeding at the time of the crash or collides with another vehicle head-on. Injuries sustained in a drunk driving crash 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 DUI crash 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

The cost of medical treatment and personal care can be significant. From the moment a DUI accident occurs, 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, accident victims often suffer substantial financial damages because of lost wages and loss of earning capacity. For a DUI accident victim who suffers a permanent impairment, the financial damages can total hundreds of thousands of dollars and completely disrupt their life and livelihood.

And it doesn’t stop there.

In addition, 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 the major life alterations that can occur because someone else made the reckless decision to drive drunk or drugged.

If you are injured in an accident caused by a drunk driver, you are entitled to compensation for your pain and suffering damages, in addition to compensation for your economic damages.

Contact an Indianapolis DUI Accident Attorney Now for Help

Hold a drunk driver responsible for the damages caused by a DUI accident. Poynter & Bucheri, LLC assist DUI accident victims in filing claims to recover compensation for their injuries, losses, and damages.

Call 1-800-265-9881  or use the form on this page to request a free case review with one of our Indiana DUI accident attorneys.

You can also chat with a representative 24/7 online to get the help you need now!

Signs You Were Injured By a Drunk Driver

Once the police officer responds to the scene of the accident, they will be able to assess and test the driver for intoxication or impairment. However, you may be wondering before they arrive whether or not the driver that hit you was impaired or may even have your 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

Additionally, a drunk driver may show other signs of their intoxication after an accident. If you are able, keep track of anything the driver reveals about themselves, whether intentionally or not, before the police arrive.

What to Do If You are Injured in a DUI Accident

The steps to take if you are injured in a DUI accident are similar to those of a car accident, with the added fact that the impaired driver may not be in a state to provide information as readily as someone who is sober. Additionally, there is the chance that a driver who is aware they drove while intoxicated may try to flee the scene to avoid a DUI charge and jail time. This is why it is important to get as much of the driver’s information as possible as soon as possible after an accident. Of course, if you are seriously injured, your own health and medical condition should come first. If you feel you are in a condition to take photos of the driver’s vehicle and license plate, this can be a quick and easy safeguard before exchanging information such as name, address, phone number, and insurance with the other driver, and can be done as you wait for the responding officers to arrive.

Other important steps include:

  • Calling 911 and reporting the accident
  • Reporting any injuries and seeking medical care
  • Getting out of the way of any oncoming traffic if possible. If your vehicle is not drivable and you are able to, get yourself off the road.
  • Taking photographs and/or video of the scene, including both vehicles and the road, and any property damage
  • Exchange information with the driver
  • File a report with the responding officer

After the Accident: Important Steps

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 injuries, even serious ones, can 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. Getting cleared by a trained medical professional, who will catalog any and all injuries, is important. Too often we want to claim that “we’re fine” when in reality, we may be unaware of injuries we sustained. Even injuries that you may consider to be “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 into your official medical record. Apart from information about your symptoms, do not share more details about the accident to the doctor.

After an accident, it is important not to post photos, videos, or information about your accident or injuries to the internet, especially social media, but particularly in a drunk driving case. What you may perceive as your private profile is really not as private as you think. Ask your loved ones not to share as well, no matter how well-intentioned they are, and avoid discussing your case in private messages or texts and email. Sharing information and photos could end up harming your case should you go to trial for damages or cause your insurance company to question your reactions to your injuries. Instead of reporting online, save any and all observations for yourself and your attorneys.

Valuing a DUI Accident Claim Correctly

It can be difficult 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; however, the company may try to settle your injury claim for an amount that is much lower than the actual value of your claim. You need experienced help! Now is the time to seek legal representation.

The PBAR legal team can meticulously document the damages for your DUI injury claim. We gather evidence to support our calculation of the value of your claim. Our goal is to maximize the amount of money you receive for your 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 Attorneys Can Help You!

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 your free consultation with one of our lawyers. You may have the legal right to recover substantial compensation for your medical bills, lost wages, pain and suffering.

Why pay up to 40% in attorney fees? Our fee is only 25%* and we fight to win your case or you pay no attorney fees at all. Don’t hesitate – one of our experienced attorneys can assist you right away. 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 slip and fall 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. These 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 that are driving cars while they’re drunk, don’t have adequate insurance. Either they have the low- limit insurance policies or they don’t have any insurance policies at all. In Indiana, somebody that serves somebody alcohol, that they know is visibly intoxicated, is also liable for damages that result from a DUI accident.So, it’s important to do an investigation to determine where this person was served their alcohol, because if it was a restaurant or establishment that possibly has a commercial policy that’s available, then we may need to go after that, because we’re talking about severe car crashes causing severe injuries. It’s important also to, in doing an investigation, contact the Prosecutor’s Office right away. These DUI accidents often result in criminal prosecution, and if you can follow the criminal prosecution and get to speak with the defense attorney and get to speak with the prosecutor and really make the case, that it’s very important that the criminal defendant cooperate, so that they can make restitution or restitution can be made to the person that was injured in the accident.

Then, perhaps that’s something that can be done early on in the process, as opposed to waiting until the criminal investigation has done. A DUI defendant doesn’t necessarily have to cooperate because they have the right to remain silent through the proceeding. So, you really need 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.


Why Pay 33% or 40% in Attorney’s Fees?
Our Fee is Only 25% – That’s More Money For You!

FREE Case Review