When a drunk driver causes an accident in Indianapolis, victims often face devastating physical, emotional, and financial consequences. Civil liability lawsuits provide a crucial legal avenue for those injured by impaired drivers to seek compensation beyond what insurance might cover. These lawsuits are distinct from criminal proceedings against the drunk driver and focus specifically on obtaining financial recovery for damages suffered. Related issues frequently include determining liability when multiple parties may share responsibility, addressing comparative fault in accidents where the victim's actions contributed to the outcome, navigating insurance coverage disputes, and handling cases involving uninsured or underinsured motorists. Understanding how these elements interact within Indiana's legal framework is essential for maximizing recovery in a personal injury claim stemming from a DUI accident.

Legal Rights and Considerations

Indiana follows a modified comparative fault system (IC 34-51-2-6) where injured parties may recover damages as long as they are less than 51% responsible for the accident. Under Indiana's Dram Shop Act (IC 7.1-5-10-15.5), establishments that serve alcohol to visibly intoxicated patrons who subsequently cause accidents may share liability. Indiana requires minimum liability insurance coverage of $25,000 per person and $50,000 per accident, though DUI accidents often result in damages exceeding these limits. Victims must file personal injury lawsuits within two years of the accident date (IC 34-11-2-4), making prompt legal action essential. Compensation may include economic damages (medical expenses, lost wages), non-economic damages (pain and suffering), and in cases of egregious behavior, punitive damages. Indiana does not cap compensatory damages, but punitive damages are limited to the greater of three times compensatory damages or $50,000. An experienced Indianapolis drunk driving accident lawyer(link is external) will handle all aspects of the legal claim.

Civil lawsuits can be a factor in all kinds of injury accidents. Click the links below to get information from an experienced attorney for accidents including:

• Indianapolis motorcycle accident lawyer(link is external);
• Indianapolis truck accident lawyer(link is external);
• Indianapolis bicycle accident attorney(link is external);

Related Resources

Local Courts

• Marion County Superior Court: 200 E. Washington St., Indianapolis, IN 46204
• Marion County Circuit Court: 200 E. Washington St., Indianapolis, IN 46204
• U.S. District Court, Southern District of Indiana: 46 E. Ohio St., Indianapolis, IN 46204

Support Services

• Indiana Criminal Justice Institute's Victim Services Division: 317-232-1233
• Mothers Against Drunk Driving (MADD) Indiana: 317-781-6233
• Indiana Victim Assistance Network: 317-917-4843
• Brain Injury Association of Indiana: 317-356-7722

Legal and Regulatory Resources

• Indiana Bureau of Motor Vehicles: www.in.gov/bmv(link is external)
• Indiana Criminal Code (Title 9, Article 30): Operating a Vehicle While Intoxicated
• Indiana Tort Claims Act: IC 34-13-3
• Indiana Department of Insurance: www.in.gov/idoi(link is external)

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