We created this guide to answer the most frequently asked questions we hear from clients who are trying to recover from a wreck. Whether you’re searching for a car accident attorney in Kokomo or simply trying to understand your next steps, we’re here to help you move forward.
In Kokomo, car accidents are a significant public safety issue. According to City-Data, Kokomo reported 4 fatal accidents involving 8 vehicles in 2022 alone. Although Kokomo is a smaller city compared to Indianapolis, the risk of serious injury or death in a crash remains high. Across the entire state of Indiana, 206,923 total crashes were reported in 2022, including 29,218 injury crashes and 804 fatal crashes, as outlined by the Indiana University Public Policy Institute.
Statistics show that distracted driving, impaired driving, and speeding are the top contributors to accidents in Kokomo and throughout the state. As a Kokomo, IN, auto accident lawyer, we work with clients who have experienced a wide range of collisions, from minor fender-benders to life-altering crashes. Knowing these risks can help you better understand your case.
Taking the proper steps immediately after a crash can make all the difference in protecting your health and your right to compensation.
Even a seemingly minor crash can become a major legal headache. Consulting an accident lawyer in Kokomo early allows you to build a stronger claim and avoid common mistakes.
You should contact a car accident attorney in Kokomo as soon as possible after a crash. Early involvement enables us to collect vital evidence, interview witnesses while their memories are still fresh, and initiate negotiations with insurance companies on your behalf. Delaying legal help could mean losing critical information that strengthens your case.
In complex cases involving serious injuries or disputed liability, the sooner you retain a Kokomo, IN, auto accident lawyer, the better positioned you will be to achieve a favorable outcome. We offer complimentary consultations to help you understand your rights with no upfront costs.
In Indiana, the statute of limitations for filing a car accident lawsuit is two years from the date of the crash, as specified in Indiana Code § 34-11-2-4. This means that if you don’t initiate a legal claim within that time, you could lose your right to compensation forever. For accidents involving city or state government vehicles, a Notice of Tort Claim must be filed within 180 days, as required by the Indiana Tort Claims Act (Indiana Code § 34-13-3-6).
It’s important not to wait until the last minute. Evidence can be lost, witnesses can forget details, and building a solid case takes time. Working with a car accident attorney in Kokomo immediately after your accident ensures that you don’t miss critical deadlines.
Indiana follows a modified comparative fault rule, also known as the 51% bar rule. Under Indiana Code § 34-51-2-6, if you are found to be 50% or less at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault attributed to you. If you are 51% or more at fault, you are barred from recovering any compensation.
For example, if you are awarded $100,000 in damages but found 20% at fault, you would recover $80,000. Fault is determined through a detailed investigation, witness statements, police reports, and accident reconstruction, if necessary. Having an experienced car crash attorney in Kokomo can help ensure that fault is reasonably assigned and that you receive the compensation you deserve.
If you are injured in a car accident, you may be eligible for several types of compensation, including:
Calculating the full value of your case requires a detailed assessment of your current and future needs. A knowledgeable accident lawyer in Kokomo can make sure no damages are overlooked.
The timeline for resolving a car accident case in Kokomo depends on several factors, including the severity of your injuries, the clarity of liability, and whether the case settles or goes to trial. Some straightforward cases are settled within a few months, while others, involving serious injuries, multiple parties, or disputed facts, may take one to two years.
As a Kokomo, IN, auto accident lawyer, we always work to resolve cases as efficiently as possible without sacrificing the value of your claim. Insurance companies often prolong negotiations, hoping that accident victims will settle for less. We are prepared to negotiate aggressively and take your case to trial if needed to achieve a just outcome.
Indiana law requires drivers to carry uninsured and underinsured motorist coverage unless they reject it in writing. This coverage can protect you if the at-fault driver is uninsured or has insufficient coverage. It can also come into play in hit-and-run accidents where the other driver cannot be identified.
If you find yourself in this situation, contact a car accident attorney in Kokomo immediately. Insurance companies often resist paying uninsured motorist claims fairly, even when you are dealing with your policy.
Yes, you can still recover damages as long as you were 50% or less at fault for the accident. However, your recovery will be reduced by the percentage of fault attributed to you. For example, if you were found to be 30% responsible, you would receive 70% of your total damages. This comparative fault rule is another reason it’s critical to have an experienced car crash attorney in Kokomo on your side to challenge unfair fault assessments.
If your accident was caused by a defective vehicle or part, such as faulty brakes or an airbag that failed to deploy, you may have a product liability claim against the manufacturer, distributor, or dealer. These cases are complex and often require expert testimony to prove. Our team has the resources and connections to pursue these claims aggressively, ensuring that responsible parties are held accountable.
You can obtain a copy of your Kokomo accident report by contacting the Kokomo Police Department Records Division at (765) 456-7108. Having a copy of the report can help when filing insurance claims and pursuing compensation.
Our goal is simple: to protect your rights and maximize your recovery while allowing you to focus on healing.
At Vaughn Wamsley Law Firm, we believe that every accident victim deserves strong legal representation. We treat each case with personal attention, care, and aggressive advocacy. As an accident lawyer in Kokomo, we have deep roots in this community and a strong record of results for our clients. Let us help you pursue the justice you deserve.
If you or a loved one has been injured in a car accident in Kokomo, don’t face the insurance companies alone. Contact us today to schedule a free consultation with an experienced Kokomo, IN, auto accident lawyer. We are ready to fight for your future and help you move forward with confidence.
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