Drunk Driving Accident Attorney in Elkhart

Indiana OWI Law & Your Civil Injury Claim

Indiana defines drunk driving as OWI, Operating While Intoxicated. A driver is legally intoxicated at a blood alcohol concentration (BAC) of 0.08% or higher. Drivers under 21 face charges at 0.02%, and a BAC of 0.15% or higher triggers a more serious OWI charge under Indiana law.

The criminal case against the driver is the state’s action. Your civil personal injury claim is separate and allows you to pursue compensation for medical bills, lost wages, and pain and suffering regardless of how the criminal case resolves. Indiana’s comparative fault rules apply: if you’re found less than 51% at fault for the crash, you can still recover damages, though the award may be reduced by your share of fault.

Dram Shop Liability in Elkhart County

The drunk driver isn’t always the only party with legal exposure. Indiana’s dram shop laws allow injury victims to bring claims against bars, restaurants, and other establishments that served alcohol to a visibly intoxicated person who then caused an accident. Private social hosts may also face liability in certain circumstances, particularly when alcohol was furnished to underage guests.

Identifying a dram shop claim alongside a direct claim against the driver may expand the total compensation available to you. These claims require prompt investigation while records and witness recollections are still fresh.

Compensation Available in an Indiana Drunk Driving Accident Claim

Compensatory damages in an Indiana drunk driving accident claim can include:

• Medical expenses: Current treatment costs and projected future care
• Lost wages and earning capacity: Income lost during recovery and any long-term reduction in your ability to earn
• Pain and suffering: Physical pain and emotional distress caused by the crash and your injuries
• Loss of consortium: The impact on your relationship with a spouse or family member

Indiana courts may also award punitive damages in cases involving gross negligence or intentional harm, which drunk driving can qualify as. Under Indiana law, punitive damages are capped at the greater of $50,000 or three times the compensatory award. Serious injuries common in these crashes, including traumatic brain injuries and spinal cord injuries, often involve long-term costs that require thorough documentation to value correctly.

What to Do After a Drunk Driving Accident in Elkhart

The steps you take in the hours and days after a crash can directly affect the strength of your civil claim.

• Call 911: The responding officer can document OWI evidence, including field sobriety test results and BAC readings, that may become important to your civil case
• Get medical attention promptly: Gaps in care give insurers grounds to dispute injury severity or causation, even when injuries seem minor at first
• Preserve evidence: Photograph the scene, document vehicle damage, and collect witness contact information before leaving
• Don’t give recorded statements: Don’t speak to the at-fault driver’s insurance company before consulting a car accident attorney
• Act within Indiana’s statute of limitations: The two-year filing deadline for personal injury claims runs from the date of the accident

Filing a Drunk Driving Accident Claim in Elkhart County Court

Civil personal injury claims in Elkhart County are heard in Elkhart Circuit Court or the Elkhart Superior Court civil divisions, depending on case assignment. Our Elkhart office handles claims filed in these courts and knows how civil litigation moves through the local docket.

Most drunk driving accident claims resolve through settlement before reaching trial. When an insurance carrier refuses a fair offer, we’re prepared to take the case to a jury in Elkhart County. The evidence gathered earliest, including the OWI police report, witness statements, and medical records, shapes both the negotiating position and, if necessary, the trial strategy.