Indianapolis Drunk Driving Accident Lawyer
If an impaired driver hit you or someone you love on the I-465 loop, along I-65 or I-70, or on a surface street in Marion County, the decisions you make in the first weeks will shape what your claim is worth. Whitfield Crosby & Flynn is a personal injury and wrongful death trial firm that represents seriously injured people across Central Indiana, including Indianapolis, Carmel, Fishers, Noblesville, Greenwood, Lawrence, Avon and Plainfield, and our approach to an Indianapolis drunk driving accident lawyer case starts with preparing it as if it will be tried.
A drunk driving crash is two cases running side by side. The State of Indiana may prosecute the driver for operating while intoxicated, and you have a separate civil claim for your medical bills, lost income, pain and the long-term cost of your injuries. The criminal case belongs to the prosecutor. The civil case belongs to you, and it follows different rules, a different standard of proof and a different clock. A guilty plea can help your claim, but a dismissal or acquittal does not end it.
Impairment cases also reach parties beyond the driver. Many drivers carry minimal insurance, and the question of who else contributed to the crash, such as a bar that kept serving a visibly intoxicated customer or an employer whose worker was driving on the job, often decides whether a family can cover a lifetime of care. Finding those parties early, before records are lost and memories fade, is where much of the work happens.
Why Choose Whitfield Crosby & Flynn for an Indianapolis Impaired-Driver Injury Claim
Whitfield Crosby & Flynn is a trial firm first. Our attorneys have more than 90 years of combined experience and have had a role in settlements and verdicts totaling over $1 billion. We prepare every case for court from the first week, and insurers know which firms settle cheaply and which ones are ready to try a case. In our experience, that reputation is often what moves an offer. Clients also have a direct line to their attorney rather than a rotating cast of intake staff.
Chuck Flynn, an attorney with the firm, is a Notre Dame Law School graduate admitted to practice in Indiana. He is a member of the Multi-Million Dollar Advocates Forum and was recognized as an Attorney for Justice by the Tennessee Supreme Court. John Whitfield, the firm’s founding attorney, has practiced law for more than 40 years, is certified as a Trial Specialist by the National Board of Trial Advocacy, and has obtained more than 30 settlements and verdicts over one million dollars. Sarah Bearden, a former public defender, knows how the criminal side of a drunk driving case is built and defended, which helps when we are tracking a parallel prosecution. Tim Crosby focuses his practice on personal injury and wrongful death trial work, and Andrew Flynn has argued cases at every level of the Illinois state court system, including before the Illinois Supreme Court.
Results matter more than adjectives. The firm secured a $3 million settlement for a motorcycle rider in a claim against a trucking company and a $5.78 million jury verdict for a law enforcement officer in a negligence case against a municipality, and it has recovered millions for families after fatal accidents. Past results do not guarantee a similar outcome in any future case. Our attorneys are members of the American Association for Justice, the Kentucky Justice Association and the Tennessee Trial Lawyers Association, and the firm has been recognized by Best Lawyers: Ones to Watch.
Who Can Be Held Responsible When a Drunk Driver Causes a Crash
- The Intoxicated Driver: The obvious defendant, and the one whose conduct is easiest to prove when there is a breath or blood test, field sobriety evidence or a criminal conviction. Personal assets rarely cover serious injuries, so the driver’s insurance limits usually set the ceiling unless other parties are involved.
- Bars, Restaurants and Other Alcohol Sellers: Our firm handles dram shop claims against establishments that overserve drunk drivers. Receipts, tab records, surveillance footage and witness accounts from the night can show how many drinks were served and whether the customer was visibly impaired. Indianapolis has a dense nightlife and event scene, and those records are often overwritten quickly.
- Employers of the Driver: If the driver was heading to or from a work event, making deliveries or driving a company vehicle, the employer may share responsibility. Employer policies, vehicle assignments and expense reports can bring additional insurance coverage into the case.
- Commercial Carriers: Interstate traffic through Indianapolis includes a heavy volume of freight. When an impaired commercial driver is involved, we look at the carrier’s hiring, testing and supervision practices, and at electronic logging device records and maintenance files.
- Your Own Insurance: Underinsured and uninsured motorist coverage can fill the gap when the at-fault driver’s policy is too small. Many injured people never check their own policy for this coverage, and it is often the difference between partial and full recovery.
- Vehicle Owners Who Lent the Car: A person who handed keys to someone they knew was impaired may face a claim of their own, depending on the facts and the policy that covers the vehicle.
- Wrongful Death Claims: When a crash kills someone, the family’s claim is brought under Indiana’s wrongful death statute, which carries a two-year deadline from the date of death.
What to Do After an Impaired-Driver Collision in Marion County
Call 911 and ask for medical evaluation even if you feel mostly intact. Adrenaline hides concussions, internal bleeding and spinal injuries. Indianapolis crash victims are commonly treated at IU Health Methodist, Eskenazi Health, St. Vincent Hospital Indianapolis or a Community Health Network facility, and the records from that first visit become the foundation of your damages claim. Make sure the responding officers know you suspect impairment, and ask for the report number before you leave the scene or the hospital.
If you can, photograph the vehicles, the road, skid marks, any open containers and the other driver’s condition, and get names and numbers from witnesses. If the other driver was drinking at a restaurant or bar beforehand, tell your attorney immediately. Establishment footage and point-of-sale records are not kept forever, and a preservation letter sent early can keep them from being overwritten.
Be careful with the other driver’s insurance company. An adjuster may call within a day or two, sound sympathetic and ask for a recorded statement. You are not required to give one, and offhand comments about how you feel or what you were doing can be used against you later. Do not sign a medical authorization that gives the insurer open access to your entire health history, and do not accept a quick payment before you know the full extent of your injuries.
The deadline is the part people underestimate. Indiana generally gives you two years from the date of the injury to file a personal injury lawsuit. Claims against a city, county or other government entity require written notice within 180 days of the loss, which can come into play if poor road design, a malfunctioning signal or a police pursuit contributed to the crash. A criminal case against the driver does not pause your civil deadline. Civil claims over a crash in Marion County are filed in the Marion County courts, which include the Superior Court and the Circuit Court, or in the U.S. District Court for the Southern District of Indiana when federal jurisdiction applies. We would rather evaluate your claim while the evidence is fresh than after months of delay.
How Fault Is Divided and Why It Affects Your Recovery
Indiana uses a modified comparative fault system. If a jury finds you partly responsible, your damages are reduced by your percentage of fault. If your share of fault is greater than the combined fault of the other people who contributed to the crash, you recover nothing. At exactly 50 percent you can still recover, reduced by half, while at 51 percent the claim is barred.
Defense lawyers in drunk driving cases know this rule well and use it. They may argue you were speeding, were not wearing a seat belt, or were changing lanes carelessly. Impairment does not erase those arguments, so building the evidence of what actually happened matters as much as proving the other driver was drunk. Crash reconstruction, vehicle data and independent witness statements are the tools that keep fault where it belongs.
Damages in these cases can include past and future medical expenses, lost wages and diminished earning capacity, and pain, suffering and loss of enjoyment of life. For catastrophic injuries such as traumatic brain injuries, spinal cord injuries, burns or amputations, we work with life care planners and economists who can calculate what the injury will cost over decades, not just what the first hospital bill says.
Questions About Drunk Driving Accident Claims in Indianapolis
Do I have to wait for the criminal case to finish before filing a civil claim?
No. The civil case and the criminal case are separate, and neither one has to wait for the other. A conviction can be useful evidence, but your claim does not depend on one. Your civil filing deadline keeps running regardless of what the prosecutor does.
How long do I have to file a lawsuit after a drunk driving crash in Indiana?
For most personal injury claims, two years from the date of the injury. Wrongful death claims also carry a two-year deadline, measured from the date of death. Claims involving a government entity require written notice within 180 days, so those cases need attention much sooner.
What if the drunk driver has little or no insurance?
Your own underinsured or uninsured motorist coverage may apply, and we review your policy early for that reason. We also look for additional responsible parties, such as a bar that overserved the driver, an employer, or the owner of the vehicle, whose policies may add coverage.
Can I recover if the driver is never convicted?
Yes. A civil claim is decided on a lower standard of proof than a criminal case. Charges may be reduced, dismissed or never filed, and you can still prove the driver was impaired and negligent through test results, witness accounts, video and other evidence.
Is it worth hiring a lawyer if my injuries seem minor?
It can be. Soft tissue injuries, concussions and back and neck problems often worsen over weeks, and early settlement offers rarely account for that. A consultation costs nothing, and it helps you avoid signing away your claim before you know what the injury will require.
Can I sue a bar or restaurant that served the driver?
Our firm handles dram shop claims against establishments that overserve drunk drivers. These cases depend on proving what was served, to whom and whether the person was visibly intoxicated at the time. Evidence disappears quickly, so telling your attorney early about where the driver was drinking is important.
What if I was partly at fault for the crash?
In Indiana you can still recover as long as your share of fault is not greater than the combined fault of the others involved. Your award is reduced by your percentage. This makes the fault analysis one of the most contested parts of the case.
Will my health insurance cover treatment while my claim is pending?
Generally yes, and many clients use health insurance so that treatment is not delayed. Your insurer may have a right to be repaid from your settlement, so we sort out those liens as part of resolving the case. Medical payments coverage on your own auto policy may also help with immediate bills.
Can punitive damages be awarded against a drunk driver?
Courts may consider punitive damages where conduct is especially reckless, and driving while seriously intoxicated is the kind of conduct that raises the question. Whether they are available and in what amount depends on the facts and on Indiana’s rules, which we would evaluate against the specific evidence in your case.
What if a family member was killed by a drunk driver?
The family may bring a wrongful death claim, which seeks compensation for funeral costs, lost income and support, and the loss of companionship. The deadline is two years from the date of death. A wrongful death lawsuit is separate from any criminal prosecution of the driver.
How long does a drunk driving injury case take?
It depends on the severity of the injuries and how many parties are involved. Cases with ongoing treatment usually cannot resolve until your doctors know your long-term outlook, because settling too early leaves future costs uncovered. Cases involving a bar, an employer or a commercial carrier take longer because there are more records to obtain and more insurers to deal with.
Serving Drunk Driving Accident Clients Across Indianapolis and Central Indiana
Whitfield Crosby & Flynn represents people hurt by impaired drivers throughout Indianapolis and Marion County, from downtown and the neighborhoods along the I-465 loop to the corridors where I-65, I-70, I-69 and I-74 converge. We also serve clients in Carmel, Fishers and Noblesville in Hamilton County, and in Greenwood, Lawrence, Avon and Plainfield, along with the communities around them.
Our work extends across the other regions the firm serves: Southern Illinois, including Marion, Carbondale, Herrin, Carterville, Benton, West Frankfort, Murphysboro and Harrisburg; Western Kentucky, including Madisonville and Hopkins County; and Southeast Tennessee, including Chattanooga, East Ridge, Red Bank, Hixson, Ooltewah, Collegedale, Soddy-Daisy and Cleveland. Wherever the crash happened, we handle the deadlines and procedural rules of that state, which differ in important ways from Indiana’s.
Talk With an Indianapolis Drunk Driving Accident Attorney Today
The evidence in an impaired-driver case, from bar receipts to surveillance footage to vehicle data, does not last, and your filing deadline is shorter than most people expect. An Indianapolis drunk driving accident attorney from Whitfield Crosby & Flynn can review what happened, identify every responsible party and insurance policy, and explain what your claim may be worth. Call us to schedule a consultation and speak directly with a lawyer about your case.