Most Hoosiers know there are a lot more people living in our neighboring state of Illinois than here in Indiana. In fact, the Insurance Institute of Highway Safety (“IIHS”) reports that it’s almost double.
In 2022, 12,582,032 people lived in Illinois while only 6,833,037 resided in the State of Indiana.
Accordingly, it may be a shock to many that when it comes to fatal motor vehicle accidents, Indiana’s death rate significantly exceeds that of Illinois, with Indiana ranking 13.9 deaths per 100,000 in population compared to Illinois’ 10.1.
For details, read “Fatality Facts 2022 State by State,” published by the Insurance Institute of Highway Safety and Highway Loss Data Institute, June 2024.
Moreover, State of Indiana research into Indiana traffic safety includes a detailed analysis of Hoosier motor vehicle accidents on a county-by-county basis. This work finds Hoosiers were involved in at least 209,936 traffic collisions in 2022 (representing those reported to law enforcement, in recognition that not all collisions are reported to the police).
Sadly, 964 people died in these motor vehicle accidents, which tallies to almost three people (2.65) losing their lives on Indiana roadways every single day.
See, Palmer, Jamie, et al. “Indiana Traffic Safety Facts: County Profiles 2022.” (2023).
Steps to Take After a Serious Indiana Motor Vehicle Accident
Of course, any motor vehicle accident is traumatic. Even a minor fender bender is exceedingly stressful for everyone involved. It is understood in the most inconsequential of bumps that insurance information should be exchanged, and photos captured by smartphone, all while tempers are kept under control.
However, when there is a serious collision or crash and someone is injured or even killed, things are catapulted to psychological and physiological extremes. Understanding what to do in those first few minutes after a severe crash on any Indiana roadway is very important.
Consider the following:
1. Driver’s Legal Duty to Help the Injured
Drivers have a duty to help. Under Indiana law, it is mandated that operators of the vehicles involved in a motor vehicle accident that results in the injury or death of another person are to “… provide reasonable assistance to each person injured in or entrapped by the accident, as directed by a law enforcement officer, medical personnel, or a 911 telephone operator.” IC 9-26-1-1.1.
This includes not only helping those who are visibly injured and in pain, but those that may not be as obviously in distress.
Shock is a very real reaction for anyone involved in the crash (or who is a witness to it). Shock is defined by the Cleveland Clinic as a “…serious, life-threatening condition that happens when your body doesn’t get enough blood flow. Lack of blood flow to your organs means they won’t get enough oxygen, which can cause them to fail. Shock may also lead to a lack of oxygen in your body’s tissues (hypoxia) and can cause your heart to stop.”
Everyone around must be considered for possible signs of shock and given first aid treatment until first responders arrive on site. For details, read “Shock: First Aid,” written and published by the Mayo Clinic.
2. Legal Duty to Notify Law Enforcement
Call 911. Indiana law also demands that “…as soon as possible after the accident…” by “…the quickest means of communication” either the local police department, county sheriff’s office, or state police post must be notified of the crash. This can usually be handled through a fast call to 9-1-1. IC 9-26-1-1.1.
3. Criminal Punishment for Leaving the Scene
Don’t leave. Indiana statutes provide for serious felony convictions for those who leave the scene of a motor vehicle accident in the Hoosier State where someone has suffered “moderate or serious bodily injury” or “death or catastrophic injury.” The resulting sentence can range from 6 months to 1.5 years for a Level 6 felony to 2-12 years for a Level 4 felony. IC 9-26-1-1.1.
4. Legally Required to File Crash Report with Indiana Bureau of Motor Vehicles
File a report with the State of Indiana. Under state law, a report of the crash must be filed with the Indiana Bureau of Motor Vehicles within ten (10) days of the accident if anyone was hurt or killed or if there was at least $1000 in property damage. Failure to do so can result in the suspension or revocation of an Indiana Driver’s License.
Indiana State Laws for Motor Vehicle Accidents Differ from Other States
Each state has the right to determine its own civil and criminal requirements for not only traffic laws but for motor vehicle accidents within its jurisdiction. It is important for those in our part of the country, especially those who may cross the state lines between Indiana and Illinois on a regular basis, to know that Indiana has specific legal requirements for collisions involving sedans, pickups, minivans, or SUVs, as well as motorcycle accidents, pedestrian accidents, and commercial vehicles like semi-truck crashes, delivery truck crashes, or ridesharing collisions. These legalities include:
Indiana Requires Liability Insurance Coverage
Liability insurance is required under Indiana law. If someone fails to have coverage at the time of a traffic accident, then they can face suspension of their Indiana Driver’s License for up to one year.
The minimum coverage must be $25,000 for bodily injury to or the death of one (1) individual; $50,000 for bodily injury to or the death of two (2) or more individuals in any one (1) accident; and $25,000 for damage to or the destruction of property in one (1) accident. Ind. Code § 9-25-4-5.
Indiana is a Fault State
The State of Indiana is known as a “fault state,” which means that accident victims seeking justice after a serious or fatal traffic accident have the burden of proving by a preponderance of the evidence that those alleged to have legal responsibility for the crash were indeed the cause of the crash (i.e., they were “at fault.”)
This is important for all accident victims and their loved ones to know because it becomes something they have to do alongside dealing with the realities of the crash itself. Things like grief and mourning; pain and suffering; medical care and treatment; depression and anxiety; job loss; and financial hardship are consequences of a severe motor vehicle accident.
Legally, these victims and their loved ones must find the strength to simultaneously demonstrate their rights to damages from those who caused their harm in the pursuit of legal claims. This needs to be done before the expiration of their filing deadline under the Indiana statute of limitations.
This means they must find admissible and authenticated evidence that establishes the wrongdoer(s): (1) owed them a duty; (2) which was breached; and in doing so, (3) the wrongdoer(s) caused the collision injuries to the victim(s).
Working with their advocates, and oftentimes with experts like health care professionals and accident reconstruction experts, these claimants will use things like security camera footage of the event as well as witness statements, police reports, and medical records to support their claims for justice.
Indiana Provides for Punitive Damages in Some Accident Claims
Indiana lawmakers have recognized the particular heartbreak that is involved in traffic accidents where either a drunk driver is the cause of the crash, or where the driver flees the scene after the accident as a hit-and-run driver.
Under Indiana statutes, those seeking justice in these scenarios may be able to collect punitive, or “punishment,” damages from the defendant. If you were hit by a drunk driver or a hit-and-run driver, you may be able to seek punitive damages in addition to your compensatory damages. Ind. Code §§ 34-51-3-0.2 to 34-51-3-6.
Seeking Justice After a Serious Car Crash in Indiana
For accident victims and their loved ones who have suffered in the aftermath of a serious motor vehicle accident on an Indiana roadway, there are state laws that provide for recompense that may be sought from one or more responsible parties.
The viability of Indiana accident legal claims against various individuals and entities must be evaluated in each particular situation. No two cases are identical and each deserves individual respect.
Investigations may reveal employers; fleet owners; manufacturers; suppliers; or other third parties share in legal liability for the harm suffered by the accident victims.
Damages may include the following:
- Medical expenses for immediate care;
- Medical expenses for long-term costs such as physical therapy and rehabilitation;
- Lost wages;
- Lost earning capacity;
- Pain and suffering;
- Loss of companionship or consortium; and
- Punitive damages (in some circumstances).
Car accidents are a frustrating reality facing any Hoosier who gets behind the wheel or who chooses to ride in a vehicle traveling our roadways. Many accidents happen as the result of mistake; others are compounded by things like speeding; fatigue; driving under the influence; employer negligence; or faulty automotive products like failing brakes or blown tires.
For more, read:
- Road Safety Rankings for Illinois and Indiana: the Danger of a Fatal Crash in Our Part of the Country;
- Fatal Motor Vehicle Accidents on the Job: Four Types of Workers Facing Highest Risk of Deadly Work Crash;
- Tire Failure and Fatal Crashes in Indiana and Illinois: the Legal Duty of Tire Maintenance;
- Defective Car Parts & Liability for Fatal Crashes and Serious Injuries in Illinois and Indiana;
- The 100 Deadliest Days for Teen Drivers: 2024 Summer of Safety.
Too many serious or deadly accidents are happening on Indiana roadways: the 2022 state death rate of 13.9 deaths per 100,000 is shockingly unacceptable. The risk of being involved in a serious crash in Indiana is obviously high. It is important to be aware of these dangers as well as understanding what to do if you are involved in an Indiana motor vehicle accident. Please be careful out there! Allen Law Group helps victims of serious accidents in Columbia City, Merrillville, Chesterton, Indianapolis, Warsaw and throughout Indiana.
