US 31 and Keystone Parkway are two of the main north and south roads through Carmel. The City of Carmel says US 31 divides the city down the middle, with Keystone Parkway further east and US 421 on the western edge, and that all three interchange with I-465 along Carmel’s southern boundary. The county crash profile prepared for the Indiana Criminal Justice Institute also maps US 31 through Hamilton County. With traffic like that, a crash can happen to anyone. This article covers what to do after one.
Personal Injury Lawyer Carmel is a free attorney referral service, not a law firm. Calls and requests are connected to participating independent attorneys. Attorney listings are paid advertising.
It is general information, not legal advice. Personal Injury Lawyer Carmel is a free attorney referral service and a public law firm directory, not a law firm.
First: get out of the lanes if you can
On a highway or parkway, a stopped car in a traffic lane is a hazard for everyone. Indiana law generally says that if a car is stopped in the traveled part of a highway after a crash, the driver must move it off as soon as it is safe, close to the crash (Indiana Code 9-26-1-1.2). That does not apply when the crash results in injury, death or a person trapped in a vehicle, or involves hazardous materials. Then, leave the cars, get people to safety if you can do it safely, and call 911.
What every driver must do
- Stop at the scene, or as close as possible without blocking traffic more than necessary. On a freeway, that may be the shoulder past the crash.
- If anyone is hurt, call 911 and help injured or trapped people as police, medics or the 911 operator direct.
- Give your name, address and vehicle registration number to the others involved, and show your driver’s license.
- If you hit an unattended car or other property, find the owner or contact police.
Knowingly leaving the scene without doing these things is a crime in Indiana, and the penalty rises when someone is hurt.
Which police to call
If anyone is injured or killed, Indiana law requires the driver to notify police as soon as possible by the quickest means: inside a city or town, the local police; outside a city or town, the county sheriff or the nearest state police post. A 911 operator can also take the call, which is the simplest choice on a highway where city lines are hard to see.
The crash report
An officer must investigate every crash with injury or death, or apparent property damage of at least $2,500, and send a written report to the Indiana State Police within 24 hours after finishing. The report lists the drivers, owners, injured people and witnesses, the vehicles, and the time and place. It is a public record, and you can usually buy a copy online through BuyCrash, the service the Indiana State Police uses. The article on Hamilton County crash reports walks through it.
What to note on a highway crash
- The road and direction (for example, northbound US 31), and the nearest exit, interchange or cross street.
- The lane each car was in, and whether anyone was merging or exiting.
- Photos of the cars, the lanes and any signs, taken only from a safe place.
- The other driver’s insurance company and policy number, and witness names and phone numbers.
- Any commercial truck’s company name and number on the door, if a truck was involved.
Insurance and the BMV
Under Indiana law, car crash injury claims generally turn on fault, so a claim usually starts with the at-fault driver and that driver’s liability insurer. Newly written Indiana policies must include uninsured and underinsured motorist coverage unless the policyholder rejected it in writing, so check your own policy too. After a crash for which the BMV receives an accident report, the BMV may ask you to prove insurance; your agent files a Certificate of Compliance, and it must be received and processed within 90 days of the BMV’s request or driving privileges will be suspended.
Fault and deadlines
Highway crashes can involve merging, lane changes and following distance, and more than one driver’s choices can be weighed. Indiana generally follows modified comparative fault: if you are found 51% or more at fault, you generally cannot recover, and at 50% or less, any recovery is generally reduced by your share. Indiana law generally gives two years to file a personal injury lawsuit, though the deadline can be shorter or different in some cases. Every situation is different; talk with a licensed Indiana attorney about yours.
To reach a lawyer, call the free referral line on this page, or use the law firm directory to call a Hamilton County firm directly. The guide for a Carmel car accident lawyer covers more on insurance and Carmel’s roads.
Hurt in a US 31 or Keystone Parkway crash? Call the free referral line and talk with a participating independent attorney’s office.
Personal Injury Lawyer Carmel is a free attorney referral service, not a law firm. Calls and requests are connected to participating independent attorneys. Attorney listings are paid advertising.
Questions people ask
Should I move my car after a crash on US 31?
If no one is hurt and it is safe, Indiana law generally says to move it off the traveled part of the highway, close to the crash. If anyone is hurt, killed or trapped, or hazardous materials are involved, leave it and call 911.
Who do I call after a highway crash in Hamilton County?
Call 911 if anyone is hurt. Indiana law points to the local police inside a city or town, and the county sheriff or nearest state police post outside one; a 911 operator can send the right agency.
Free attorney referral
Personal Injury Lawyer Carmel is a free attorney referral service, not a law firm. Calls and requests are connected to participating independent attorneys. Attorney listings are paid advertising.
Hurt in Hamilton County? Start with one free call.
The referral line connects you with a participating local attorney’s office. You decide whether to hire anyone.
Personal Injury Lawyer Carmel is a free attorney referral service, not a law firm. Calls and requests are connected to participating independent attorneys. Attorney listings are paid advertising.