The most common injury in a car accident involves conditions like whiplash, scrapes, cuts, and soft tissue injuries. Although these injuries may seem minor at first glance, they can lead to chronic medical problems that impact your daily life. While it is difficult to know what is the most common injury in a car accident, even minor and non-fatal injuries can entitle you to recover damages from the at-fault driver.
Most car accidents involve at least one driver violating traffic laws, with some of the leading causes of car accidents including:
- Distracted driving
- Drunk driving
- Speeding
- Failure to stop
- Failure to yield
- Following too closely
Indiana requires all vehicle owners to maintain auto insurance, which can cover a variety of costs associated with an accident, such as:
- Damage to your vehicle
- Medical bills
- Lost wages
- Economic losses caused by the accident
While the most common injury in a car accident is non-fatal, severe and permanent injuries can prevent you from working or maintaining your standard of living. Although auto insurance policies can cover certain economic costs, disabling injuries caused by a car accident may allow you to recover additional compensation for non-economic harms.
Like other personal injury claims, you must file a lawsuit within two years of your injuries to collect damages from the liable party. Following a car accident, you must also work with your insurance company, which can make it difficult to pursue additional damages without assistance from a personal injury attorney.
Insurance Coverage
Indiana requires all vehicle owners to maintain an insurance policy that includes:
- Bodily injury coverage (at least $25,000 per person and $50,000 per accident)
- Property damage coverage of at least $25,000
- Uninsured motorist bodily injury and property damage coverage
- Underinsured bodily injury coverage
You can file a claim against the other driver’s policy if they are at fault. If damages exceed the other driver’s coverage, your policy can cover the additional costs. When damages exceed both parties’ insurance limits, you can seek compensation from the other driver.
Since Indiana is an at-fault insurance state, benefits are paid by the at-fault party’s insurance policy first. If the other driver does not have insurance or you are involved in a hit-and-run, your insurance policy will reimburse expenses through your uninsured motorist coverage. That makes it essential to report your accident to your insurance company immediately.
Determining Fault
Following the accident, police will investigate the scene and can issue citations to any driver found to have violated traffic ordinances. Police may interview witnesses and will complete an accident report. If the other driver is cited for something like speeding, you can use the citation as evidence during a civil case to prove they are at fault for the accident.
Your insurance company will review the details of the accident and issue a finding about who the at-fault party is. If your personal injury case goes to trial, the jury can consider factors such as the other party’s driving history and witness statements to determine fault.
You must prove the other party is at least 51% at-fault to collect damages. If you are responsible for the accident in part, your judgment will be deducted based on the percentage you are at fault for.
For a free legal consultation, call 317-636-7777
Capping Damages
Some injuries allow you to pursue non-economic damages. In most cases, non-economic damages for injuries sustained in a car accident are limited to $300,000. However, economic damages are not capped, which ensures that you will be reimbursed for the actual expenses you incurred because of your injuries.
Damages can include compensation for:
- Lost wages and future lost earnings
- Vehicle repair and replacement costs
- Emotional distress, such as trauma
- Legal fees
- Medical expenses
- Loss of mobility
- Diminished quality of life
Economic vs Non-Economic Damages
Economic damages are actual expenses or costs you suffered from a car accident. That means economic losses can be proven in court with documents such as bank statements, receipts, and invoices.
Excessive medical bills are economic losses, as are things like:
- Transportation costs to and from medical appointments
- Lost income caused by your injuries
- Rehabilitation costs
Non-economic damages seek to compensate for future losses, including emotional pain. If an injury prevents you from working or enjoying your typical hobbies, it can allow you to recover non-economic damages.
Contact Sevenish Law Firm, P.C. Today
Whether you suffer the most common injury in a car accident or a disabling one, you have the right to pursue damages against the responsible driver. Injuries can impact your personal life and prevent you from working or going to school. If your vehicle is totaled, it can be difficult to find alternative forms of transportation, which can interfere with your career.
If you suffered injuries as a result of a car accident, call Sevenish Law Firm, P.C. today at (317) 720-3229 for a free consultation and to review your legal options.
Call or text 317-636-7777 or complete a Free Case Evaluation form
