I Was Hit by a Drunk Driver in Indiana. Now What?

Every Hoosier driver has a duty to act reasonably to protect others on Indiana’s roadways. This includes maintaining control of the vehicle, obeying traffic laws, avoiding distractions, and not getting behind the wheel when impaired by drugs or alcohol. Drunk driving accidents can have serious consequences. Here are some of Indiana’s more important laws, the penalties, and the steps you need to take if you’re injured in a car accident caused by a drunk driver in Indiana.

Operating a Vehicle While Intoxicated (OVWI) in Indiana

Indiana uses the term “operating a vehicle while intoxicated” (OVWI), rather than “driving under the influence” (DUI). In Indiana, you’re guilty of OVWI if you’re operating a vehicle and:

• You have a blood alcohol concentration (BAC) of .08% or more (or .02% or more if you’re under the age of 21).
• You have any amount of schedule I or II controlled substances in your system, or
• Your thoughts and actions seem impaired by drugs or alcohol.

Most people know that they can receive an OVWI if their BAC is .08% or more (called a “per se” offense). However, they can receive an OVWI if their thoughts and actions remain impaired by drugs or alcohol, even with a BAC.

Indiana DUI Laws: Criminal Sentencing for an OWI Misdemeanor or Felony

If charged with an OWI in Indiana, they either receive a misdemeanor or a felony. Again, the two main factors include the conditions in which the driver was charged with a DUI and the amount of DUIs the driver has. This contributes to the level of charge the defendant receives.

Note that, along with jail time, there may be an advisory sentence. Indiana does not require advisory sentences, but may still implement one. The advisory sentence remains a base amount of time to sentence the defendant. The judge may give more or less time depending on the circumstances of the OWI charge.

Does It Matter if the Police Arrested the Drunk Driver for a DUI?

Impaired driving can result in criminal charges. If the impaired driver in your crash was arrested for driving under the influence (DUI) as a result of that accident, official evidence of the driver’s alcohol level and a drunk driving conviction could be very helpful in proving your right to compensation in a civil case for damages.

Even if the driver wasn’t arrested, charged, or convicted of DUI, if the driver drank, we will use this in your case. Criminal prosecutors must meet a much higher standard of proof than required in a civil case. Additionally, criminal defendants have constitutional rights that don’t apply to civil cases. If evidence shows the driver who hit you drank, this is evidence in your civil case for damages regardless of whether there was an arrest.

Dram Shop Law

Indiana Code §7.1-5-10-15 says that “a person who, knowing that another person is intoxicated, sells, barters, delivers, or gives away any alcoholic beverage to the intoxicated person commits a Class B misdemeanor”. Commonly known as a dram shop law, it applies to bartenders, servers, package store retailers, and even party hosts.

In most circumstances, Indiana law grants those who provide or sell alcohol immunity from “civil action for damages caused by the impairment or intoxication of the person”. However, they can become liable when they knew that the person’s intoxication levels were above the legal limit. Additionally, the intoxication was the “proximate cause” of the damage, injury, or death. While it is possible to pursue damages against a bar that sold drinks to the driver who hit your car, you have to show that the driver was clearly drunk when they purchased alcohol at the bar. Then, that their intoxication led to the accident.

Proving Negligence After Being Hit By a Drunk Driver

Even though the driver becomes charged with and convicted of drunk driving, you must prove the driver caused the collision that resulted in your injury to receive compensation. Simply showing the driver was drunk is not sufficient to prove the driver caused the accident. Therefore, the driver’s insurance company may try to deny your injury claim to avoid paying a large settlement.

It is important that you hire an experienced Indiana car accident attorney with the skills, resources, and knowledge to conduct a thorough accident investigation. Thus, obtaining the evidence needed to prove fault. Never assume a “slam dunk” case because of a drunk driver’s involvement. Insurance companies fight DUI accident claims as aggressively as they fight other injury claims.

What if You’re Partially at Fault?

It’s still possible to have a claim against a drunk driver when you’re partially at fault, and being partially at fault for any accident refers to comparative fault. The court reduces damages based on a percentage of the blame attributed to the plaintiff. The courts remain strict on drunk driving, but also cognizant of other dangerous driving tactics like distracted driving.

Hire Legal Help for a Drunk Driving Accident

If hit by a drunk driver, call an Indiana car accident attorney with experience with drunk driving crashes. Sometimes, it makes sense to wait for the conclusion of criminal proceedings before pursuing a civil claim. If the driver drank in a bar before the crash, you may possibly hold the bar responsible as well. When you talk to us about your case, we will explain all of your options in a free initial consultation. Contact Boulton Law Group to learn more.