Drunk driving accidents happen across Northwest Indiana every day, on the interstates connecting Gary, Hammond, Merrillville, and Valparaiso, on county roads after last call, and at intersections where an impaired driver ran a red light without even touching the brakes. These are not accidents in the truest sense of the word. They are the result of someone’s negligent decision to drive while intoxicated.
Schafer & Schafer represents drunk driving accident victims throughout Northwest Indiana and has been doing so for generations. With over 100 years of combined experience and a proven track record, our family firm fights for your family with the skill and intensity these cases demand. Call us at (219) 947-1911 for a free consultation today.
Why Indiana OWI Accidents Are Legally Different From Other Car Crashes
In Indiana, drunk driving is charged as Operating While Intoxicated, or OWI. The distinction between a standard negligence case and a drunk driving injury case matters significantly for what you can recover and how your case is built.
What an OWI Conviction Means for Your Civil Injury Claim
When the driver who hit you is charged with OWI, the criminal proceedings run parallel to your civil injury claim. A conviction or guilty plea in the criminal case can be used as powerful evidence in your civil case, essentially establishing that the driver was impaired and that their conduct was unlawful at the time of the crash. Field sobriety test results, BAC readings, police reports, and arrest records all become part of the evidentiary foundation for your injury claim.
This is one reason why early legal involvement matters in drunk driving cases. The evidence generated by the criminal investigation is valuable to your civil claim, and an experienced attorney knows how to obtain and preserve it properly.
Punitive Damages: When Indiana Law Lets Victims Go Further
Indiana law allows courts to award punitive damages in cases involving conduct that is malicious, fraudulent, oppressive, or grossly negligent. Unlike compensatory damages, which are tied to your actual losses, punitive damages are designed to punish the wrongdoer and deter similar conduct in the future.
Punitive damages can dramatically boost your total recovery beyond economic and non-economic losses alone by punishing the drunk driver's reckless conduct. These awards aren't automatic, but experienced counsel increases your chances by documenting the egregious behavior and aggressively arguing for these damages in court.
How Indiana Defines Drunk Driving and the Legal BAC Limit
Indiana law prohibits operating a vehicle with a BAC of 0.08% or higher for drivers 21 and over. For commercial drivers, the limit is 0.04%. For drivers under 21, any detectable amount of alcohol can support an OWI charge. Impairment by drugs, including prescription medications, can also form the basis of an OWI charge even when no alcohol is involved. A driver does not need to be visibly stumbling to be legally impaired, and the law holds them fully accountable regardless of how impaired they appear to others.
What Happens When the Drunk Driver Is Also Criminally Charged
When the at-fault driver faces criminal OWI charges, many victims assume the criminal case will take care of everything. That is not true, at all. The criminal case is brought by the state and seeks punishment for the driver.
It does not recover your medical bills, your lost wages, or compensation for your pain and suffering. Your civil injury claim is entirely separate, and it is the vehicle through which you receive financial accountability. Both processes can and should run simultaneously, and an experienced drunk driving accident attorney knows how to leverage the criminal proceedings to strengthen your case.
Who Is Liable After a Drunk Driving Accident in Northwest Indiana?
The drunk driver who caused your crash bears primary responsibility, but they may not be the only party whose conduct contributed to putting them on the road in that condition.
When a Bar or Restaurant Is Also Responsible Under Indiana Dram Shop Law
Indiana's Dram Shop Act holds alcohol vendors accountable when they serve visibly intoxicated people who then cause crashes. If the driver who hit you drank at a bar, restaurant, or licensed establishment beforehand, that business may share responsibility for your injuries.
Time is critical for dram shop claims, as surveillance footage may be overwritten and sales records/witness accounts vanish quickly. Contact Schafer & Schafer immediately at (219) 947-1911 so we can preserve evidence and build your case before it's lost.
What to Do If the Intoxicated Driver Had No Insurance or Fled the Scene
Not every drunk driver stays at the scene or carries adequate insurance. If the driver fled, your uninsured motorist coverage is likely the primary path to compensation. If they had no insurance or insufficient coverage, your own underinsured motorist policy may bridge the gap.
Schafer & Schafer identifies every available source of recovery in these situations and pursues each one. A driver fleeing the scene or lacking insurance does not mean you are without options. It means the investigation becomes more complex and having experienced representation becomes even more critical.
Injuries Commonly Caused by Drunk Driving Accidents in Northwest Indiana
Drunk driving crashes often cause more severe injuries than standard collisions because impaired drivers fail to brake, delivering full-speed impacts that vehicles and occupants aren't designed to withstand.
Common injuries our clients present with include:
- Traumatic brain injuries, ranging from concussions with lasting cognitive effects to severe TBIs causing permanent disability
- Spinal cord injuries and paralysis, which can permanently alter every aspect of how a person lives and works
- Broken and fractured bones requiring surgery and extended rehabilitation
- Internal organ damage and internal bleeding requiring emergency intervention
- Severe lacerations, facial injuries, and permanent scarring
- Burn injuries when a collision results in vehicle fire, a particularly devastating outcome in high-speed crashes
- Soft tissue injuries, including whiplash and ligament tears, that can cause chronic pain lasting years
- Psychological trauma including PTSD, anxiety, and depression following the crash
When a drunk driving crash is fatal, surviving family members have the right to pursue a wrongful death claim against the at-fault driver and any other responsible parties. Schafer & Schafer handles these cases with the care and compassion they deserve while pursuing every responsible party.
What Compensation Can You Recover After a DUI Accident in Indiana?
A successful drunk driving injury claim in Indiana can recover compensation across several categories of loss. For victims of catastrophic injuries, the total value of these claims can be substantial. Recoverable damages often include:
- Medical expenses, including emergency treatment, hospitalization, surgery, rehabilitation, and future care costs
- Lost wages for time missed from work during recovery
- Reduced earning capacity if your injuries affect your long-term ability to work
- Pain and suffering for the physical and emotional impact of your injuries
- Property damage to your vehicle and personal belongings
- Loss of enjoyment of life for activities and routines your injuries have taken from you
- Punitive damages when the evidence supports a finding of gross recklessness or willful misconduct
Schafer & Schafer works with medical professionals and economic analysts to document the full scope of your losses, including future costs that are easy to underestimate without expert guidance.
Frequently Asked Questions About Northwest Indiana Drunk Driving Accident Claims
How much does a drunk driving accident lawyer cost in Indiana?
Schafer & Schafer handles drunk driving accident cases on a contingency fee basis. There is no upfront cost, and you pay nothing unless we recover compensation for you. The consultation is free, and the risk of calling is zero.
Can you sue someone for hitting you while they were driving drunk?
Yes, and doing so is entirely separate from the criminal OWI case the state brings against the driver. Your civil claim pursues compensation for your actual losses, including medical bills, lost wages, pain and suffering, and property damage, as well as punitive damages when the conduct warrants them. The criminal case may punish the driver, but only your civil claim puts money in your pocket.
What is the best legal approach against a drunk driver?
The strongest approach starts immediately. It combines aggressive pursuit of the civil injury claim, strategic use of OWI criminal case evidence, early preservation of dram shop evidence if applicable, thorough documentation of all injuries and long-term costs, and a willingness to take the case to trial if the insurer refuses to pay a fair amount. This is the approach Schafer & Schafer takes in every drunk driving accident case we handle.
How long do I have to file a claim in Indiana?
Indiana's statute of limitations for personal injury claims is generally two years from the date of the accident. However, dram shop claims and cases involving government entities may have shorter deadlines. Do not wait to find out how much time you have. Call Schafer & Schafer at (219) 947-1911 today.
Let Our Family Fight for Yours. Free Consultation With a Northwest Indiana Drunk Driving Accident Attorney
Schafer & Schafer has been standing on the side of injured Northwest Indiana families for generations. We know these roads, we know these courts, and we know how to hold drunk drivers and every other responsible party fully accountable for the harm they cause. Our firm is rooted in this community, and we take every case personally because the people sitting across from us are our friends and neighbors.
If a drunk driver hurts you or someone you love, do not accept a lowball offer from an insurance company that does not have your interests at heart. Contact us at (219) 947-1911 today to schedule your free, confidential consultation. No fees unless we secure compensation for you.
