Can I Sue a Driver if They Hit My Dog?

Posted on July 28, 2021 by Admin

Losing a pet is an emotional time in a person’s life. As the pet owner, you may wonder if you are eligible for legal compensation if someone kills your dog by running them over. After all, you suffer emotional anguish and even loss of companionship. For those who have authorized help pets, such as guide dogs, service pets, or even emotional support animals, losing their pets can be even more damaging to their overall quality of life.

So, it is very common for pet owners to wonder if they can pursue legal action against someone who kills their pet by hitting them with their car. Although these types of civil cases are complex and often differ among local jurisdictions, there are a few general understandings surrounding such pet accidents that you should be aware of.

Continue reading to learn about your rights and liabilities as a pet owner in the case that they are hit by a car, and where you can get a free consultation to learn whether you can sue for emotional damage and mental anguish if this ever happens to you.

Civil Litigators Indianapolis Indiana 317-636-7497

Dogs and Leash Laws

In most counties, if an unleashed dog is hit by a vehicle in a public area, the owner may not be entitled to any compensation. In fact, in many jurisdictions, the pet owner may be liable for any damages done to the person’s vehicle because of the impact. Although this seems somewhat unfair, it is generally up to the pet owner to secure their dog in public places. In a court of law, the judgment would most likely not be in favor of the dog owner. If the dog was on a leash but escaped from the pet owner’s grasp, there may be a slight chance the pet owner can walk without being liable for any damages.

In the rare circumstance that a dog is killed by another person or vehicle while on a leash, there may be a chance for the pet owner to gain compensation for their loss. In court, a judge and jury would have to determine the degree of fault per party. That percentage will inevitably determine the amount of compensation the victim will receive.

Negligence

If the plaintiff’s legal party can prove that the driver was acting negligent or reckless, and that their carelessness directly caused the death of the pet, there may be a higher chance for them to be found liable for the dog’s demise. Negligence and recklessness would include driving under the influence, intoxication, using a cell phone while driving, speeding, ignoring traffic signs, driving off road, and similar distracting or illegal behaviors.

Intentional Torts or Recklessness

In the case that someone intentionally inflicts harm, abuses, or kills your dog, they can be held accountable in both criminal court and civil court. Dog owners who become victims of this kind of intentional act of malice or recklessness stand to incur all sorts of damages and losses aside from emotional and mental anguish, such as veterinary bills, prolonged treatment or therapy for your dog, lost wages from missing work to stay home and care for your dog, fuel costs traveling to and from vet appointments, and more.

Assistance Animals

If a person were to kill a registered guide dog, service pet, assistance animal, or emotional support pet, they could face civil and criminal penalties depending on whether the act was intentional or not and various other details of the case. In a criminal court, a guilty verdict would render a likely sentence of heavy fines, community service, restitution to the victim, and an order to pay the victim’s legal fees and attorney costs. In a civil court, the dog owner could be awarded damages for vet bills, lost wages, mental and emotional suffering, loss of companionship, and more.

Passenger Dogs Killed in Car Accidents

If you were in a serious car accident that was the fault of a negligent or careless driver, and your dog was inside the car and died because of the collision, you could possibly recover additional damages aside from the common types of damages awarded in personal injury lawsuits. Speak to an Indianapolis IN car accident lawyer as soon as possible to learn your rights to compensation.

The best way to avoid a tragic accident with your pet is to have it on a leash and always secured properly when in public areas. Prevention is possible with a little responsibility. If your dog has been hurt in a car accident, be sure to contact your veterinarian immediately.

Was your dog, cat, service animal, horse, or livestock recently injured or killed because of another’s negligence or intentional act? Contact Carl Brizzi LAW at 317-636-7497 to speak with an experienced civil litigator in Indianapolis, Indiana about your eligibility to pursue legal action against them and recover a settlement for your damages and losses. We serve clients throughout the state.

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Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to Protect Yourself Legally After Being Injured on a Bus

Posted on March 23, 2021 by Admin

Laws that surround bus accidents fall under common carrier law, as do all other forms of public transportation, including school buses, taxi cabs, subways, trolleys, cables cars, trains, boats, ferries, cruise ships, helicopters, airplanes, and even limousines in some states. If you or someone you love was recently injured in a public bus accident, you’ll need to brush up on Indiana bus accident laws.

Continue reading to learn what you need to know about common carrier liability, including how you can protect yourself and your right to being compensated for your damages and losses, after suffering serious injuries in an Indiana bus accident.

Indiana Public Transportation Accident Lawyers 317-636-7497

Common Carrier Regulation

As you might have caught on, a common carrier is considered any business that is licensed or authorized by a regulatory government body to transport people, services, or goods, and offers their services to the general public for a fee. And they can be a public or private entity. Common carrier laws are regulated on local, state, and federal levels, wherein the federal government regulates transportation of people, goods, and services across country borders, and local and state governments regulate interstate travel.

Bus Accidents and Liability

Under common carrier law, bus companies have a responsibility to maintain the safety of their passengers. In fact, common carriers have a higher-than-normal duty of care since they offer their services to the general public and charge a fee for them. They must maintain the highest level of caution possible to ensure their passengers and cargoes are safe at all times while in their care. And if a common carrier, a bus company for instance, fails to maintain this level of care, their failure can be considered negligence, which is the number one element of a personal injury case.

Bus Accident Injury Claims

There are several possibilities of a bus company demonstrating negligence. Driver negligent can include speeding, fatigued driving, intoxicated driving, disobeying traffic signals, drug use, and so forth. Company negligence can include a wide range of circumstances, such as improper or negligent bus maintenance and repair, insufficient handicap equipment, unsafe environments, inadequate training, and more. Failure to prevent or address these issues and those similar can cost a bus company a lawsuit if a passenger is injured as a result. They can be held responsible for a victim’s damages and losses that resulting from the bus accident and subsequent injuries.

Government Regulated Common Carriers

Suing the government for losses resulting from a public transportation accident can be quite complex. It is very challenging to sue a government entity because they are subject to a separate set of laws, limitations, and restrictions. But that does not mean it is impossible to recover compensation after being seriously injured in a bus accident. All you need is a skilled Indiana personal injury lawyer with extensive trial and litigation experience with cases surrounding auto accidents. They have the knowledge, skills, and resources to protect your rights and obtain the fair compensation you deserve.

Were you recently injured in a bus accident in Indianapolis, Indiana? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation and learn your eligibility for pursing legal action, today. We represent clients all throughout the state, and never collect lawyer fees unless we recover a settlement for you.

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Truck Accidents

Posted on March 19, 2021 by Carl Brizzi

Semi Truck Accident Lawyers Indianapolis Indiana 317-636-7497

I was recently driving home from out of state on I65 northbound somewhere near Nashville when a giant cement truck entered into my lane running me off the highway and onto the shoulder. I was able to react quickly enough to avoid an accident, but it was a very close call.

After calming down, I realized that few forces on the road can match the powerful impact of a commercial truck…especially a truck loaded with cement. These trucks present a real danger to other vehicles simply because of their massive size. Even a slow-speed crash can have a catastrophic outcome for those traveling in passenger vehicles.

There are several conditions that are common causes of commercial truck collisions. If you were injured in an accident with an 18-wheeler, request a free, no obligation consultation and speak to a qualified lawyer at Carl Brizzi Law, LLC about your legal options today.

In my situation, the cause of the “almost” collision was simply driver error. Often, an inexperienced truck driver may make dangerous mistakes behind the wheel. Driving a large truck while hauling a load requires specialized skills and extensive training. These vehicles need more space to come to a stop and it is much more difficult to correct an error in a commercial truck than in a traditional passenger vehicle.

In bad weather, truck drivers should reduce their speed when traveling. If weather conditions become too dangerous, truck drivers may need to get off the road to keep other drivers safe. If a truck driver does not take these steps and continues to operate the truck when weather conditions are too dangerous, his or her actions may be considered negligent and he or she could be held liable if an accident happens.

Fatigue is also a big safety factor in commercial truck driving. Drivers are pushed to deliver loads quickly, so the company can keep things on schedule and not lose money. When a driver is fatigued, he or she may fall asleep at the wheel or have difficulty concentrating on driving.

To combat this danger, the government has strict requirements on the amount of rest drivers need before operating a commercial truck and drivers are required to keep logs of this time.

However, when running on tight deadlines, trucking companies may push their drivers to break these rules and continue driving when they should not. If the rules are broken, the driver and/or trucking company may be held liable for negligence if it results in an accident that causes injuries to someone else.

If f you were injured in a wreck with an 18-wheeler, Carl Brizzi Law, LLC is here to help. We work to hold negligent parties accountable for the damages suffered in truck accidents, and work hard to pursue maximum compensation for your medical bills, lost wages, and pain and suffering. Call today for a free consultation.

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Which Driver is to Blame in a T-Bone Car Accident?

Posted on March 16, 2021 by Admin

Side impact collisions, also known as T-bone accidents, are among the most dangerous kinds of car accidents. Not only are they sudden and unanticipated, but they also often occur at higher speeds, so most are severe enough to cause serious injuries or fatalities. Perhaps this is due to the fact that most cars are better equipped with front and rear-impact safety features, rather than side collision safety features. This is especially true in older make and model vehicles that lack air bags, entirely. Even cars that are equipped with side impact protection, like side airbags and reinforced glass, are not always safe enough to protect passengers and drivers from sustaining physical injuries in a T-bone accident.

In addition to the severity of T-bone accidents, there is an unfortunate misconception that whoever collides into the other vehicle is to blame for the accident. But this is not always the case. Continue reading to learn who is at fault in a side impact car accident, and what you can do as a victim to collect compensation for your damages.

Indianapolis Indiana Car Accident Lawyers 317-636-7497

Determining At- Fault Parties in T-Bone Accidents

Just because Driver A collides into Driver B in a side impact collision does not automatically mean Driver A is to blame. There are many cases of T-bone accidents in which Driver B is to blame, both drivers are partially to blame, and neither driver is to blame. Various factors surrounding the accident will determine which party is at fault for a side impact car accident.

To understand how fault is determined in such cases, here are two common scenarios of what causes T-bone accidents:

⚈ Example 1 – While Driver A has the right of way through an intersection, they collide into the side of Driver B. Driver B is at fault because they violated the right of way, either by running a stop sign or a red light.

⚉ Example 2 – While Driver A has the right of way through an intersection, Driver B collides into them. Driver B is at fault because they violated the right of way, either by running a red light or failing to stop at a stop sign.

These are just basic examples. In real life scenarios, side impact car accidents require extensive investigation, and usually involve several other factors, such as traffic light programming, road signs, roadway maintenance, weather conditions, intoxication, and more. There are generally many layers to a T-bone accident, which is why it is vital for victims to retain experienced personal injury representation.

A skilled accident lawyer can recover the full and fair compensation car accident victims deserve. Whether you have lost a loved one in a wrongful death car accident, or you have suffered serious injuries and losses as a result of your own car accident, contact a licensed personal injury attorney as soon as possible to protect your rights to compensation.

Contact Our Experienced Car and Truck Accident Lawyers in Indiana

Contact Carl Brizzi LAW at 317-636-7497 to schedule a no-cost case evaluation with one of our seasoned and local personal injury lawyers about your car or truck accident claim in Indianapolis, Indiana. We are eager to help you recover the full and fair compensation you deserve after being wrongfully injured in a motor vehicle accident, whether as a driver, passenger, cyclist, or pedestrian.

We offer free initial consultations and never collect lawyer fees unless we recover for you. Furthermore, our accident lawyers represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

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Do I Need A Personal Injury Attorney?

Posted on March 12, 2021 by Carl Brizzi

I received a telephone call recently from someone involved in a motor vehicle accident asking whether they needed a personal injury lawyer. This is one of the most common questions asked after an accident. The decision of whether to retain an attorney or proceed on your own is one of the most important decisions you will make.

All personal injury cases are different. They come in a variety of shapes and sizes. While no two cases are exactly alike, these civil claims fall under the category of “personal injury law” and allows for the injured victim to seek compensation from another person for harm caused by negligence or an intentional act.

If you’ve suffered a serious injury that requires a hospital stay, lost time at work, or experienced long-term health effects, it’s best to retain an attorney. Medical treatment is expensive and insurance companies are notoriously known for being uncooperative.

This is especially true if it isn’t exactly clear who’s at fault for the accident. For example, if the accident involved multiple cars or questionable areas like construction zones, then a liability dispute could arise. Or if the details of the police are contradictory, it can be an easy justification for an insurance company to lower your compensation or deny your claim altogether. If any details conflict, it’s best to let a personal injury lawyer champion your claim.

If that’s the situation then your case can become complicated very quickly. Our attorneys at Carl Brizzi Law, can help resolve the issues. If you’ve been involved in a motor vehicle accident call us today for a free consultation.

Has the accident effected your lifestyle? Are you unable to return to your current job or profession? Have you lost income, missed school, or other activities? Under Indian law, you have the right to seek compensation for all of the financial losses associated with and incurred as the result of the accident.

Even if your injuries are not life threatening or long term, the medical costs associated with treatment can be expensive and it’s your right to seek compensation for those expenses.

In addition to these fixed costs, many personal injuries result in emotional trauma, pain and suffering, or loss of companionship. Indiana allows injury victims to seek compensation for these emotional injuries as well

If you were injured in an auto accident, you deserve maximum compensation. We don’t take a fee unless we win. Call Carl Brizzi Law, LLC at 317-636-7497 for a free consultation, today.

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Don’t Text and Drive

Posted on February 18, 2021 by Carl Brizzi

Carl Brizzi is a two term former elected prosecutor in Indianapolis who now uses his considerable trial experience representing accident victims. He writes blogs and articles to share important information relating to motor vehicle accidents and Indiana personal injury law. Many of the topics come from real questions from current or past clients, as well as, timely and relevant news related to his firm’s practice areas.

In this article, Carl discusses “Indiana’s No Texting and Driving Law.”

Car Accident Lawyer Indianapolis Indiana 317-636-7497

Texting while driving is dangerous. Here are some facts.

📱⚠ Five seconds is the average time a driver’s eyes are off the road while texting. When traveling 55 mph that is enough time to cover the length of a football field.

📱⚠ In 2011, at least 23 percent of auto collisions involved cell phones, equaling 1.3 million crashes.

📱⚠ At any given daylight moment across America, about 660,000 drivers are using cell phones or manipulating electronic devices while driving.

Indiana’s Distracted Driving Law, Indiana Code 9-21-8-59, makes it illegal for drivers to type a text message, transmit a message or read emails while driving. Regardless of the driver’s age, it is also illegal to text or surf the web even if you are stopped at a traffic light. Furthermore, any driver under the age of 18 are prohibited from using a cell phone for ANY reason, handheld, or hand-free, while driving.

Indiana’s Distracted Driving Law is considered a “Primary Law” meaning that an officer can pull you over for the offense without having to see any other violation. Practically speaking, this means that an officer who sees you texting can pull you over immediately and issue a citation. The citation can be costly and could negatively impact your driving record.

Many of the accident cases I handle involve distracted drivers.

If you’ve been injured in a motor vehicle accident or have questions related to distracted driving or other negligence, contact Carl Brizzi at 317-636-7497 immediately for a free case evaluation.

Five Things to Keep in Mind After a Motor Vehicle Accident

Posted on January 28, 2021 by Carl Brizzi

Insurance companies are not profitable businesses because they willingly pay out fair compensation to victims injured by their insured. Especially now, the “new normal” of COVID makes it easier for insurance companies to deny and delay the paying out of money.

Indiana Motor Vehicle Accident Lawyers 317-636-7497

The five things to “KEEP” in mind after an accident is advice, I give new clients to ensure a more level playing field to ensure your claim is settled fairly.

► Keep quiet. After seeking medical attention, the most important thing is to consult with an attorney. It’s possible that after a vehicle accident, the at-fault person’s insurance company may contact you to make a quick settlement. Don’t fall for this. Do not speak to the other party’s attorneys or insurer as conversations may be recorded and used against you. Speak about your case only with your attorney. Do not sign any documents without your attorney’s consent. If you get any letters from anyone in connection with your case, send copies of them to your attorney immediately. Keep your original.

► Keep it real. Be honest when talking to your attorney about your medical history, including injuries, addictions, ailments, and illnesses. Insurance companies share information. Pre-existing medical conditions will likely be discovered so informing your attorney about past problems is especially important so there are no surprises.

► Keep records for all medical expenses. You have the right to copies of your medical records. Collect copies of everything, including prescriptions, bills, and receipts for medicines taken. All these expenses contribute to the value of your claim so save every bill relating to your claim (hospital expenses, medicines, therapy, appliances, home aides – anything relevant to your recovery). Pay bills by check or credit card. If you must pay by other means, make sure to get complete receipts with bill headings.

► Keep a complete record of all lost wages. Lost wages are another component of damages so documenting time lost, rate of pay, hours worked weekly, and any relevant losses suffered is critically important. Like medical expenses, keep copies of your lost wage documentation.

► Keep detailed notes. Daily journal entries detailing how your life has changed because of the accident may help illustrate to a jury the physical and emotional damage you may experience after an accident. Describe what you feel like in the morning, the type of effort put into your family, work, and personal activities. Describe all changes experienced in your post-accident life, symptoms, setbacks, and inconveniences.

If you’ve been injured in a car accident, please call us at 317-636-7497 immediately to discuss your options.

Why Choose Carl Brizzi LAW For Your Indiana Truck Accident Claim

Posted on January 18, 2021 by Admin

Insurance companies approach truck accident victims as if they are on their side, but the truth is, they are trained to do one thing: persuade the wrongly injured into accepting the lowest possible offer they can get away with. The only guaranteed authority that has your best interests in mind after being injured by a big truck accident or commercial vehicle collision is a seasoned Indianapolis truck accident lawyer.

Here at Carl Brizzi Law, we are your legal advocates for financial recovery after being injured in a serious truck accident. Our experienced personal injury attorneys specialize in auto accidents, and retain a long history of successful case results with high dollar truck accident claims in Indiana. Whether you are a commercial truck driver that was injured in a serious trucking accident while performing work duties, or a driver who was hit by a large truck or commercial vehicle, we can help recover the full and fair compensation you deserve.

Continue reading to learn why you should choose Carl Brizzi LAW to represent your Indiana truck accident lawsuit, and how to get started with a free initial consultation.

Recover Your Financial Losses After Being Wrongly Hurt in a Trucking Accident.

We Set Ourselves Apart From Other Law Firms in Indiana

The attorneys at Carl Brizzi Law are acutely attuned to all insurance company tactics, and will not back down under any circumstances. Our goal is to gain justice and financial compensation for our clients, so we strictly refuse entertain any offers that are less than you ought to have. Although we can settle most claims out of court, we are confidently prepared to take your case to trial if the insurance company doesn’t want to budge. With a long history of successful, high-dollar verdicts and case results under our belts, you can feel confident in our ability to profitably represent your Indianapolis truck wreck accident claim, too. Set up a free consultation with licensed personal injury attorney to learn more about your rights to being compensated by the negligent party who hurt you in a truck collision in Indiana.

Expert Truck Accident Lawyers With a Genuine Passion to Help

Our Indiana truck accident attorneys have a reputation for success in all aspects of our practice. Although our case record can speak for itself, our compassionate client support and authentic desire to help innocent victims is what also sets ourselves apart from other personal injury law firms in Indiana. We retain more than 2 decades of trial and litigation experience, several professional accolades, and good-standing memberships with several esteemed legal associations. You can trust that we are the expert personal injury lawyers equipped with the right knowledge and resources to recover a successful outcome for your truck accident lawsuit.

Our Semi Truck Accident Attorneys Know Corporate Trucking Regulations

If you were wrongly injured by a big rig or 18-wheeler, you need a hard-hitting semi-truck accident attorney in Indianapolis who can go head to head with their stubborn and evasive insurance companies. Carl Brizzi Law has a long-standing reputation for obtaining settlements for big truck accident victims, and one way we maintain our record of success by staying current on all relative state and corporate trucking regulations. There is nothing that gets past our expert truck wreck lawyers, and in our experience, the insurance companies eventually figure this out and settle as they should.

Schedule an Indiana Truck Accident Case Evaluation Soon

Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with one of our seasoned Indiana truck accident lawyers, today. There are never any upfront lawyer fees, and only collect payment if we recover a settlement or verdict for you. We serve clients in Indianapolis and all throughout the state of Indiana. Get started on your truck accident lawsuit soon before the statute of limitations runs out on your claim.

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Category Archives: Truck Accidents