When a drunk driver causes an accident in Indianapolis resulting in injuries or fatalities, the criminal prosecution of the impaired driver can significantly impact any related personal injury claims. The Marion County Prosecutor's Office typically pursues criminal charges ranging from misdemeanor DUI to felony charges like operating while intoxicated causing serious bodily injury or death. These parallel criminal proceedings can provide valuable evidence for civil claims, as the higher burden of proof in criminal cases often yields thorough accident investigations, blood alcohol testing results, and expert testimony. For injury victims, understanding how criminal prosecution intersects with civil claims is crucial, as criminal restitution orders may affect civil compensation, and timing of civil proceedings may be influenced by the criminal case timeline. Additionally, statements made by the defendant during criminal proceedings can be leveraged in personal injury negotiations or trials.

Legal Rights and Considerations

Indiana Code § 9-30-5 governs operating while intoxicated (OWI) offenses, with enhanced penalties when injuries occur. Victims have two years from the accident date to file personal injury claims under Indiana's statute of limitations (IC § 34-11-2-4). Indiana follows a modified comparative fault system, meaning victims can recover damages if they are less than 51% at fault. Required auto insurance minimums in Indiana are $25,000 per person and $50,000 per accident for bodily injury, though DUI accidents often involve damages exceeding these limits. Victims may pursue compensatory damages including medical expenses, lost wages, pain and suffering, and property damage. In cases involving extreme recklessness, punitive damages may be available under IC § 34-51-3. An experienced Indianapolis DUI accident lawyer(link is external) will handle all aspects of the legal claim.

Drunk or drugged driving can be a cause of/factor in all kinds of injury accidents. Click the links below to get information from an experienced attorney for accidents including:

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

Related Resources

Local Courts:

• Marion Superior Court, Criminal Division
• Marion County Traffic Court
• Marion County Civil Court

Support Services:

• MADD Indiana Chapter
• Indiana Criminal Justice Institute's Victim Services Division
• Indiana Victim Compensation Program
• Indianapolis Victims Assistance Unit

Legal References:

• Indiana Code Title 9, Article 30: Motor Vehicle Laws
• Indiana Bureau of Motor Vehicles Administrative Penalties
• Indiana Crash Report Portal
• Marion County Prosecutor's Office Victim Advocacy Program

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