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Car Accident Lawyer Indianapolis, IN

If you were injured in a car crash due to someone else's negligence in Indianapolis, Langer & Langer can help. Our experienced Indianapolis car accident lawyers handle insurer communications, preserve critical evidence, and pursue full compensation for your medical bills, lost income, and other damages.

indiana-medical-malpractice-lawyers

Timing matters. Critical evidence can disappear quickly, and insurance companies begin building their defense right away. Acting early helps preserve your position and avoid common claim pitfalls.

With more than 100 years of combined experience in Indiana motor vehicle litigation and a $4.1 million recovery in a single Indianapolis crash, our firm has the proven record and trial readiness to take on any insurer in Marion County. Our lead trial lawyer, Steven L. Langer, has received the ITLA Trial Lawyer of the Year award twice – a distinction that changes how insurers respond to every claim our car accident attorneys handle.

No fee unless we recover compensation for you. Call 219-464-3246 to request your free consultation today.

Do You Have a Valid Car Accident Claim in Indiana?

A valid Indiana car accident claim requires three things: another party’s negligence, a direct causal link to the crash, and documented harm. When a driver violates an Indiana traffic statute, breach of duty is established without additional argument under the negligence per se doctrine. 

Insurers challenge causation when no same-day medical record exists. They dispute damages when injuries are documented only through self-reporting. The two actions that protect a claim more than any other are seeking medical evaluation the same day as the crash and calling an attorney.

What to Do After a Car Accident?

Taking the correct steps immediately after a collision protects your health and preserves your legal right to full compensation under Indiana law.

1. Call 911

Indiana law requires reporting crashes with injury or significant property damage. Insurers use the absence of a police report as a basis to deny fault entirely.

2. Seek medical evaluation the same day

Even one phrase documented in an ER record, patient reports pain beginning at the time of the crash, closes that causation gap permanently.

3. Photograph the scene before vehicles move

Capture positions, skid marks, traffic signals, and road conditions. These cannot be recreated.

4. Collect witness contact information

Independent witnesses carry significant weight when fault is disputed.

5. Refuse a recorded statement to the opposing insurer

One minimizing phrase, I feel okay, it wasn’t that bad, can shift comparative fault against you. You have no legal obligation to give a statement to the other driver’s insurer.

6. Contact a car accident lawyer before signing anything

A signed release permanently extinguishes all future claims, regardless of how injuries develop.

Common Causes of Car Accidents in Indianapolis

Distracted driving and failure to yield are the leading causes of car accidents in Marion County. When either involves a traffic law violation, Indiana courts treat that violation as automatic proof of negligence.

CauseIndiana StatuteLegal Effect
Distracted drivingIC 9-21-8-59Negligence per se
Failure to yield at intersectionIC 9-21-8-29 / IC 9-21-8-30Negligence per se
Drunk drivingIC 9-30-5Negligence per se + punitive damages
Speeding on I-465 and I-70IC 9-21-5-1Negligence per se
Rear-end tailgatingIC 9-21-8-14Rebuttable presumption against following driver
Reckless drivingIC 9-21-8-52Negligence per se
Construction zone violationsIC 9-21-8-6Negligence per se
Distracted driving
IC 9-21-8-59Negligence per se
Failure to yield at intersection
IC 9-21-8-29 / IC 9-21-8-30Negligence per se
Drunk driving
IC 9-30-5Negligence per se + punitive damages
Speeding on I-465 and I-70
IC 9-21-5-1Negligence per se
Rear-end tailgating
IC 9-21-8-14Rebuttable presumption against following driver
Reckless driving
IC 9-21-8-52Negligence per se
Construction zone violations
IC 9-21-8-6Negligence per se

Types of Car Accident Cases We Handle

We handle every category of car accident claim in Marion County and across Indiana, from routine rear-end disputes to complex commercial carrier litigation.

  • Rear-End Accidents: Indiana law creates a rebuttable presumption of fault against the following driver. EDR data and dashcam footage are the primary counters to brake-failure and sudden-stop defenses.
  • T-Bone and Intersection Collisions: Right-of-way violations at high-incident intersections, including 38th and Keystone and 86th and Keystone Crossing. Traffic camera recordings overwrite in 24 to 72 hours and require immediate legal preservation via notice to the municipality.
  • Head-On Collisions: Wrong-way crashes on I-465 and the I-65/I-70 North Split are the dominant pattern. Fatal crashes proceed as wrongful death claims under IC 34-23-1-1.
  • Rideshare Accidents: Driver platform status at the moment of impact determines whether Uber or Lyft’s $1 million commercial policy applies or only the driver’s personal coverage. Our lawyer subpoenas app data to establish the status precisely.
  • Hit-and-Run and Uninsured Motorist Claims: Your own Uninsured Motorist coverage under IC 27-7-5-2 is the primary recovery path when the at-fault driver flees or carries no insurance. Indiana requires insurers to offer UM coverage at liability limits unless you have rejected it in writing. Indiana’s minimum liability coverage is $25,000 per person, $50,000 per accident, and $25,000 for property damage. When the at-fault driver carries only minimum limits, and your injuries exceed those amounts, your own Underinsured Motorist coverage becomes the next recovery source.
  • On-the-Job Driver Crashes: When the at-fault driver was operating a vehicle within the scope of employment at the time of impact, the employer carries direct liability under respondeat superior. This expands available insurance coverage significantly beyond the individual driver’s personal policy limits.

Common Injuries in Indianapolis Car Accidents

Serious car accidents produce injuries ranging from soft tissue damage that may not appear until days after the crash to catastrophic conditions that permanently alter the victim’s life and earning capacity.

  • Traumatic Brain Injury: Symptoms, including cognitive fog, light sensitivity, and mood changes, are subtle enough for insurers to contest. Neuropsychological testing documenting measurable cognitive deficits is the required proof standard, not self-reported symptoms.
  • Spinal Cord Injuries: Partial or total paralysis with permanent functional loss. A certified life care planner documents future medical costs, adaptive equipment, home modifications, and long-term care needs over the victim’s projected lifespan. Without a life care plan, insurers routinely minimize future damage projections,  often by a substantial margin.
  • Fractures and Orthopedic Injuries: Surgical records, hardware placement documentation, and physical therapy timelines establish the pain and suffering calculation that insurers otherwise dispute.
  • Soft Tissue Injuries: Sprains, strains, and whiplash are among the most common crash injuries and the most aggressively disputed. Because they produce no visible damage on imaging in mild cases, insurers routinely argue the injury was pre-existing or exaggerated. Consistent MRI imaging and documented therapy progress establish both severity and crash causation simultaneously.
  • Psychological Injuries: PTSD, anxiety, and clinical depression are compensable when documented by a licensed mental health professional. Without clinical records, these claims are routinely undervalued or ignored.
  • Internal Organ Injuries: High-speed impacts on I-465 and I-70 produce splenic lacerations, liver contusions, and internal bleeding that carry no external signs at the scene. Victims who feel fine immediately after impact and decline ER transport sometimes discover these injuries 12 to 48 hours later. The same-day ER visit eliminates the insurer’s argument that the injury predates or is unrelated to the crash.

How Does Indiana's Fault System Affect Your Claim?

Indiana follows modified comparative fault under IC 34-51-2. At 50% fault or below, your recovery is reduced proportionally. A 20% fault finding on a $150,000 verdict produces a $120,000 recovery. At 51% fault, recovery is eliminated entirely.

This is why adjusters request recorded statements within 24 hours of a crash. They are not documenting the incident. They are building fault evidence, and one careless statement can push the percentage past the threshold.

As of July 1, 2024, under HB 1090, a jury can reduce your damages by an unlimited amount if the defendant proves you were not wearing a seatbelt and that wearing one would have reduced your injuries. It does not establish fault for the crash. The defendant carries the burden of proof on both elements.

What Compensation Can You Recover After an Indianapolis Car Accident?

After an Indianapolis car accident, you can recover two primary categories of damages: economic losses with a calculable dollar value, and non-economic losses for the human cost of the injury. In cases involving willful or wanton misconduct, punitive damages may also apply.

Economic Damages: Medical expenses, future medical care, lost wages, lost earning capacity, and vehicle costs. Future care projections require a treating physician or certified life care planner. Insurers reject attorney estimates.

Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. The spouse’s consortium claim is separate from the injured plaintiff’s claim and is routinely omitted from initial settlement offers.

Punitive Damages: Available when the defendant’s conduct was willful, wanton, or intentionally harmful, not merely negligent. Drunk driving is the most common basis in car accident cases, but other conduct can qualify. Capped at three times compensatory damages or $50,000, whichever is greater. The plaintiff retains 25%, and the remaining 75% goes to Indiana’s Violent Crime Victims Compensation Fund. Punitive damages require clear and convincing evidence of misconduct, a higher burden than standard negligence.

infographics on recoverable compensation after an Indianapolis car accident

What Is the Statute of Limitations for Car Accidents in Indiana?

Indiana Code 34-11-2-4 gives victims two years from the crash date to file. Missing the deadline permanently bars the claim regardless of how clear the fault may be.

Minor Victims: IC 34-11-6-1 gives a minor two years after turning 18. The clock starts on the 18th birthday, not the crash date. A child injured at 15 has until age 20 to file.

Government Defendant Crashes: Claims against IndyGo, IMPD, or Marion County require a written Tort Claim Notice within 180 days under IC 34-13-3-8. Claims against INDOT require notice within 270 days under IC 34-13-3-6. Missing either deadline permanently bars the claim.

Delayed Injury Discovery: Indiana recognizes a narrow tolling exception when an injury was genuinely undiscoverable on the crash date, not merely undiagnosed. It does not apply when any symptom was documented at the ER that day. Treat the clock as running from the crash date unless an attorney advises otherwise.

Wrongful Death Claims: IC 34-23-1-1 governs adult wrongful death claims. The two-year limitation applies, with the estate’s personal representative as the filing party. The adult wrongful death act (IC 34-23-1-2) covers adults without dependents and carries different damage categories.

How an Indianapolis Car Accident Lawyer Builds Your Case

When you hire Langer & Langer, here is what happens on your behalf from day one. Every step below has a deadline measured in hours or days, not weeks, and each one directly affects the value of your claim.

Evidence Preservation: Issue a spoliation letter within 48 hours to preserve EDR data, dashcam footage, and traffic camera recordings before they are overwritten.

Liability Documentation: Obtain the police report, IMPD incident records, and crash reconstruction data to establish an indisputable record of fault.
Expert Retention: Hire medical experts to close the causation gap that insurers exploit when no same-day clinical record exists.

Communication Management: Take over all insurer correspondence so no statement can be used to build a comparative fault argument against the claim.

IME ( Independent Medical Examination) Defense: If the insurer schedules an IME, you are not required to sign any release at the examination and are entitled to bring a witness. Their physician is paid to minimize your injuries; your treating doctor’s consistent records carry more weight.

Demand Package Assembly: Compile medical records, billing, wage loss documentation, vocational reports, and certified life care plans.

Litigation Filing: File suit in Marion County Superior Court when the insurer’s offer fails to reflect actual damages and the case requires a trial-ready stance.

How Long Does a Car Accident Case Take in Indianapolis?

Pre-litigation settlement runs 6 to 18 months from the crash date. The timeline shortens when liability is clear, and injuries are well-documented. It lengthens when fault is disputed, multiple defendants require fault allocation, or a catastrophic injury requires a certified life care plan before a demand can be sent.

Litigation in Marion County Superior Court runs 18 months to four years from the filing date. Every case is prepared for trial regardless of how it ultimately resolves. The vast majority of Indiana personal injury cases resolve at mediation before trial. Mediation is a structured negotiation before a neutral third-party mediator, where the insurer attends with a final authority number. Cases without a complete demand package consistently settle below their value, which is why we prepare every file for mediation with the same standard as a trial.

The clock starts on the crash date. Early attorney involvement preserves evidence that disappears within days and compresses the pre-litigation phase.

What Does a Car Accident Lawyer Cost in Indiana?

No upfront costs. We advance all case expenses, including filing fees, expert witness fees, and crash reconstruction costs. The contingency fee is 33% if the case resolves before litigation and up to 40% if it goes to trial. If no compensation is recovered, the client owes nothing for attorney time or advanced expenses.

Why Indianapolis Car Accident Victims Choose Langer & Langer

Langer & Langer has built its reputation over four decades of Indiana personal injury litigation. Here is what sets our firm apart.

100+ years of combined experience handling Indiana motor vehicle cases, we know how Marion County insurers negotiate and how local courts move.

Trial-ready from day one. Insurers know which firms settle cheap and which ones go to trial. That distinction shapes every offer you receive.

We handle everything from day one, insurer communications, evidence preservation, and expert coordination, so you can focus on recovery.

Available 24 hours a day, seven days a week. Evidence disappears fast. When you need us, we are there.

No fee unless compensation is recovered. We advance all case costs, filing fees, expert witnesses, and crash reconstruction. You owe nothing if we do not recover for you.

Deep local knowledge. From I-465 to 38th and Keystone, we know the corridors, the courts, and the carriers operating in Marion County.

Our firm’s case results reflect that experience directly.

  • $4.1 Million for a family of four in a multi-vehicle I-465 collision, multi-defendant liability resolved through crash reconstruction and carrier log analysis.
  • $300,000 at 38th and Keystone, 51% fault defense defeated through traffic camera footage recovered via emergency preservation demand filed within 48 hours.

Frequently Asked Questions About Indianapolis Car Accident Claims

You can recover damages through your own Uninsured Motorist (UM) coverage under IC 27-7-5-2. Indiana law requires insurers to offer UM coverage at liability policy limits unless you have rejected it in writing. Your own insurer becomes the recovery source when the at-fault driver carries no insurance.

Yes, provided your assigned fault is 50% or less. Under IC 34-51-2-5, your recovery is reduced by your fault percentage. A 25% fault finding on a $100,000 award produces a $75,000 recovery. At 51% fault, IC 34-51-2-6 eliminates all recovery.

No. The first offer is calculated before the full scope of your injuries is established and before future medical costs are documented. Accepting extinguishes all future claims against that party permanently. No settlement offer should be evaluated without a legal review of total damages.

Seek medical evaluation immediately to document the delayed onset. Soft tissue injuries, whiplash, and TBI symptoms commonly manifest 24 to 72 hours after impact. Clinical documentation within that window establishes the causal link to the crash that insurers require before accepting causation.

Yes. The police report is the primary liability record for any Indianapolis car accident claim. Under IC 9-26-1-1.1, crashes with injury or significant property damage require a report by law. Insurers routinely deny liability when no report was filed.

 

If you were injured in a crash while performing job duties, driving a company vehicle, making a delivery, or traveling between worksites, you likely have two separate legal options. The first is a workers' compensation claim, which is handled separately and covers medical costs and a portion of lost wages regardless of fault. The second is a third-party personal injury claim against the at-fault driver, which is the claim Langer & Langer handles. A third-party claim can recover the full value of your lost wages, pain and suffering, and other damages that workers' compensation does not cover. Contact us to discuss the personal injury side of your case.

Get a Free Case Review from Langer & Langer Attorneys

Evidence disappears within days, and insurer deadlines don’t wait. Call us at 219-464-3246 or complete our contact form. If you prefer to meet in person, we are at 4 Indiana Ave, Valparaiso, IN 46383.

The insurer has already assigned someone to your claim. A free case review puts an experienced Indiana car accident lawyer on your side at no cost, no commitment, and no risk.

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