Injured by a Drunk Driver in Indianapolis?
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Key Takeaways
- If you are hit by a drunk driver, call 911 immediately and report that you believe the other driver is intoxicated — this triggers DUI investigation protocols including field sobriety testing and breathalyzer or blood alcohol testing, which is decisive evidence for both the criminal and civil cases.
- Indiana's statute of limitations gives you two years from the date of the accident to file a civil personal injury lawsuit (Ind. Code § 34-11-2-4), and the criminal OWI prosecution runs on a separate track that does not directly compensate you.
- Indiana's comparative fault rule (Ind. Code § 34-51-2-6) applies, though in drunk driving cases the impaired driver typically bears the vast majority of fault — and punitive damages may be available, capped at the greater of 3x compensatory damages or $50,000 (Ind. Code § 34-51-3-6).
- Indianapolis's active nightlife corridors — including Mass Ave, Broad Ripple, and Fountain Square — mean impaired drivers are a constant risk, particularly late at night and on weekends along Meridian Street, College Avenue, and interstate on-ramps.
- Do not accept an early settlement from the drunk driver's insurance company — they know their insured was at fault and will try to settle before you understand the full extent of your injuries and the true value of your claim.
- Most personal injury attorneys offer free consultations and work on contingency, and they can pursue multiple avenues of recovery including the driver's insurance, a dram shop claim against the bar that served the driver (Ind. Code § 7.1-5-10-15.5), and punitive damages.
Check for injuries and call 911
If you have been hit by a drunk driver, call 911 immediately. Report that you believe the other driver is intoxicated — this is critical because law enforcement will respond with DUI investigation protocols, including field sobriety testing and breathalyzer or blood alcohol testing. This evidence can be decisive in both the criminal case against the drunk driver and your civil injury claim.
Check yourself and your passengers for injuries. As with any accident, adrenaline can mask pain, and injuries like whiplash, concussions, and internal bleeding may not produce immediate symptoms.
Stay at the scene and stay safe
Do not approach or confront the intoxicated driver. Impaired individuals can be unpredictable and may become aggressive. Stay in your vehicle or move to a safe area away from traffic and wait for law enforcement and paramedics.
If the drunk driver attempts to flee the scene, note as many vehicle details as possible — make, model, color, license plate, and direction of travel — and relay this information to 911 immediately.
Document everything
If you are physically able, photograph the scene: all vehicles, damage, road conditions, traffic signals, skid marks, debris, and any visible injuries. If you can safely photograph the other driver's behavior (stumbling, slurred speech, open containers in the vehicle), this can serve as additional evidence.
Get the names, phone numbers, and statements of any witnesses. Exchange insurance information with the other driver. Write down the responding officers' names and badge numbers.
File a police report
IMPD will generate a crash report for any accident with injuries. Given the DUI component, the police report will include details about the officer's observations of the impaired driver, any field sobriety test results, and the results of chemical testing (breathalyzer or blood draw). This report is powerful evidence for your injury claim.
Obtain a copy of the crash report through Indiana's BuyCrash portal (buycrash.com) or from IMPD Records at 50 N. Alabama Street, Room E100, Indianapolis, IN 46204.
Get medical treatment immediately
See a doctor right away — go to the emergency room, even if you feel your injuries are minor. Drunk driving accidents often involve high-speed impacts, head-on collisions, and T-bone crashes that produce severe injuries.
IU Health Methodist Hospital (Level I trauma center), Eskenazi Health, Ascension St. Vincent, Community Health Network, and Franciscan Health all provide emergency care throughout Indianapolis and Marion County.
Keep all medical records, bills, and documentation. Your medical records connect the accident to your injuries and form the basis of your damage claim.
Do NOT settle with the drunk driver's insurance company quickly
The drunk driver's insurance company will contact you. They know their insured was driving under the influence, and they know the case against them is strong. They may try to settle quickly before you fully understand the extent of your injuries or the true value of your claim.
Do not accept an early settlement. Do not give a recorded statement. Drunk driving accident claims frequently involve significant damages — severe injuries, long recovery periods, ongoing medical costs, and substantial pain and suffering. Settling too early almost always means leaving money on the table.
Understand your legal options — both civil and criminal
When a drunk driver injures you, there are two separate legal tracks. The criminal case: the state of Indiana will prosecute the drunk driver for Operating While Intoxicated (OWI) under Indiana law. You are the victim in this case, but you do not control the prosecution. A conviction can include jail time, fines, license suspension, and a criminal record. While the criminal case is separate from your civil claim, a conviction is strong evidence in your favor.
The civil claim: this is your personal injury lawsuit or insurance claim for damages. Under Indiana Code § 34-11-2-4, you have two years from the date of the accident to file a civil suit. Indiana's comparative fault rule (Ind. Code § 34-51-2-6) applies, though in drunk driving cases, the impaired driver typically bears the vast majority of fault.
Dram shop liability: Indiana also allows you to pursue a claim against a bar, restaurant, or server that furnished alcohol to a "visibly intoxicated" person who then caused your injuries (Ind. Code § 7.1-5-10-15.5). If the drunk driver was served alcohol at an Indianapolis bar or restaurant while already visibly intoxicated, the establishment may share liability for your injuries.
Punitive damages: drunk driving cases are among the strongest candidates for punitive damages in Indiana. Punitive damages are designed to punish extreme recklessness. Indiana caps punitive damages at the greater of three times compensatory damages or $50,000 (Ind. Code § 34-51-3-6), and 75% of the punitive award goes to the state, with 25% to the plaintiff.
Talk to a personal injury attorney
Drunk driving injury cases are often high-value claims with multiple avenues of recovery — the driver's insurance, a potential dram shop claim, and punitive damages. An experienced attorney can investigate the full circumstances of the accident, coordinate with the criminal prosecution, pursue all liable parties, and fight for the maximum compensation you deserve.
Most personal injury attorneys handle drunk driving accident cases on contingency — you pay nothing unless they win. The initial consultation is free.