Articles Posted in Auto Accident

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Accidents happen, and when they do, it’s often because someone was negligent. In Indiana, accident victims have the right to recover damages from the party responsible for their injuries. This is a well-established principle of personal injury law. But what happens when both parties share some degree of fault? Who pays then? This is where Indiana’s comparative fault statute comes into play. Under Title 34 of the Indiana State Code, the state addresses this dilemma with a clear set of rules that determine how damages are awarded when multiple parties are at fault. Understanding how this law works is crucial for anyone involved in an accident, as it can significantly impact the outcome of a case.

Indiana’s comparative fault statute is designed to allocate responsibility fairly between parties based on their degree of fault. Here’s how it works: if you’re injured in an accident and found to be partially at fault, your recovery will be reduced by your percentage of responsibility. For example, if you’re deemed 10% at fault for an accident, your damages will be reduced by 10%. If you’re 49% at fault, your recovery will be cut nearly in half. However, if you’re found to be 51% or more at fault, you’re barred from recovering any damages at all. This is a critical distinction, as it means that even if you’re partially responsible, you can still recover compensation—as long as your fault doesn’t exceed 50%. It’s worth noting that not all states follow this rule. In some neighboring states, even a small degree of fault on your part could completely bar you from recovery. This makes Indiana’s approach more favorable to accident victims, but it also underscores the importance of building a strong case to minimize your share of fault.

The comparative fault system can drastically change the outcome of a case depending on how fault is assigned. For instance, if you’re involved in a car accident and the other driver ran a red light, but you were slightly speeding, the court might assign 20% of the fault to you and 80% to the other driver. In this scenario, you’d still recover 80% of your damages. However, if the other driver’s attorney successfully argues that you were 51% at fault, you’d recover nothing. This is why it’s essential to thoroughly investigate the accident and gather evidence to support your claim. A qualified Indiana personal injury attorney will know how to do this effectively. They’ll employ investigators, analyze police reports, interview witnesses, and reconstruct the accident scene to build a compelling case. They’ll also know how to argue comparative fault issues during settlement negotiations or at trial, ensuring that your share of responsibility is minimized and your recovery is maximized.

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Accidents caused by wrong-way drivers are unfortunately more common than you might think, especially in Indiana. It’s baffling to consider how someone could end up driving in the wrong direction on a street or highway, but it happens time and time again—and alcohol is often a factor. These crashes can have devastating consequences, leaving victims with serious injuries and life-altering challenges. A recent crash in Indiana shows how dangerous wrong-way driving can be. In this incident, two drivers were seriously injured after a head-on collision involving a wrong-way driver. The crash occurred on a Friday evening around 8:05 p.m. on US 30 near County Road 700 East, highlighting how even well-traveled roads can become scenes of tragedy when negligence is involved.

According to reports, a driver traveling westbound in the eastbound lanes of US 30 collided head-on with another vehicle that was traveling in the correct direction. Both drivers sustained serious injuries and were rushed to a local hospital for treatment. Investigators believe alcohol played a role in the crash, which is unfortunately a common theme in wrong-way driving incidents. When a driver is intoxicated, their ability to make safe decisions is severely impaired, and they may not even realize they’re heading in the wrong direction until it’s too late. While the intoxicated driver may face criminal charges, such as driving under the influence (DUI), these charges are separate from any civil claims that the victims may pursue. A criminal case focuses on punishing the wrongdoer, but it doesn’t provide compensation for the victims’ injuries, medical bills, or other losses. To recover damages, victims must file a civil lawsuit, which is where an experienced personal injury attorney can make all the difference.

Even when a driver is intoxicated or otherwise breaking the law at the time of an accident, their auto insurance company is still required to provide coverage for the damages they cause. Liability insurance is designed to protect victims in these situations, but that doesn’t mean the insurance company will make it easy to recover what you deserve. Insurance companies are businesses, and their goal is to pay out as little as possible. They may try to downplay the severity of your injuries, argue that you share some fault for the accident, or even delay the claims process in hopes that you’ll settle for less. This is why having a skilled Indiana accident attorney on your side is so important. They’ll handle the negotiations with the insurance company and fight to ensure you receive fair compensation for your losses.

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The holiday season brings joy, celebrations, and the inevitable surge in travel across the Midwest, with Indiana serving as a critical hub. Major interstates like I-65, I-70, and I-80/90, along with state highways such as U.S. 31 and U.S. 41, become packed with travelers visiting loved ones, completing last-minute shopping trips, or simply trying to make it home for the holidays. Unfortunately, this spike in traffic also increases the likelihood of accidents, as hurried drivers, crowded roadways, and seasonal weather challenges such as snow and ice combine to create hazardous conditions.

Recently, a devastating crash in Indiana underscored the dangers of holiday travel. The accident occurred on State Road 258 in Jackson County, where a 19-year-old driver lost control of her vehicle, causing a head-on collision with an oncoming pickup truck. Tragically, the 18-year-old truck driver died at the scene, while the driver and passenger of the other car sustained non-life-threatening injuries. This heartbreaking event serves as a stark reminder of the stakes involved in holiday travel. While the investigation is ongoing, early indicators suggest that factors such as road conditions, driver speed, or potential distractions may have contributed to the crash.

In accidents like these, determining liability is crucial. If a driver’s negligence—whether through reckless behavior, distracted driving, or failing to account for poor weather conditions—caused the collision, injured parties or their families may be entitled to compensation. This includes coverage for medical bills, lost wages, pain and suffering, and other damages. Indiana law allows victims to pursue claims against the at-fault party or their insurance provider, but doing so effectively requires swift action and professional guidance.

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Indiana drivers are known for their love of the open road, and with that often comes a preference for speed. The state’s network of highways and rural roads can be thrilling to drive, but it also presents unique dangers, particularly when seasonal weather conditions like rain, snow, and fog reduce visibility and increase stopping distances. These factors, combined with heavy traffic, can make Indiana roads hazardous. Among the most dangerous types of accidents are head-on collisions, which account for a disproportionate number of fatalities and severe injuries.

A tragic example of just how devastating head-on collisions can be occurred this past Thanksgiving in Kosciusko County. On a quiet stretch of Old Road 30, two vehicles collided head-on for reasons that remain under investigation. The crash claimed the lives of both drivers, a 24-year-old man and a 54-year-old woman, and left a passenger in critical condition with severe internal injuries. The impact was catastrophic, a stark reminder of the unique dangers of head-on crashes. Because both vehicles were traveling directly toward each other, the force of the collision was effectively doubled, magnifying the destruction.

Head-on collisions, while less common than other types of accidents, are particularly destructive. The physics of these crashes often result in severe injuries, including spinal cord damage, traumatic brain injuries, and debilitating neck injuries like whiplash. Victims frequently face long-term physical and psychological challenges, including PTSD. The intense nature of these crashes also means that determining fault can sometimes seem straightforward—for instance, one driver crossing into oncoming traffic. However, other factors, such as mechanical failure, unclear road markings, or inclement weather, can complicate the blame game.

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Indiana’s roads are increasingly filled with semi-trucks, buses, and other large vehicles, which are vital to the state’s economy. These heavy-duty vehicles play a crucial role in transporting goods and people, supporting both commerce and infrastructure. However, their presence also brings added risks. Their sheer size, weight, and power make them more difficult to control, and they require highly specialized training to operate safely. When accidents happen, especially involving these large vehicles, the consequences can be severe. A recent crash in Bloomington, involving a city bus and a semi-trailer, serves as a stark reminder of the dangers these vehicles can pose.

In this particular accident, a city bus collided with a pickup truck pulling a trailer at an intersection not far from Indiana University’s campus. The crash occurred when the driver of the truck misjudged the bus’s actions, thinking it was stopping to pick up passengers. Instead, the bus continued through the intersection, and the two vehicles collided. The impact was significant, sending the truck and its trailer into a fire hydrant and even causing damage to a nearby house. Fortunately, no one inside the house was injured, but the bus driver was taken to the hospital, and six passengers on the bus reported injuries. It was a terrifying incident, and although the injuries were classified as minor, the situation could have been much worse. Given the size and weight of the bus and trailer, lives could have been lost.

Accidents involving municipal vehicles, such as city buses, are particularly complex when it comes to seeking compensation for injuries. While those injured may be entitled to compensation for their losses, the process of holding a government entity accountable is often more challenging than when private parties are involved. One reason for this difficulty is something called “qualified immunity,” which protects government officials and entities from many types of lawsuits unless they have acted with gross negligence. This legal shield can make it harder for victims to pursue damage claims, but it doesn’t make it impossible. Many people have successfully received large settlements and judgments against government entities in cases where negligence was proven. Moreover, if an employee acted with extreme carelessness, claims for personal damages can sometimes be brought against them individually, providing another route for victims to seek justice.

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A tragic two-vehicle crash in Fort Wayne over Independence Day weekend resulted in the deaths of two individuals and left two others with life-threatening injuries. The Fort Wayne Police Department (FWPD) received the accident report at 4:05 a.m. at South Lafayette Street and South Anthony Boulevard. Upon arriving at the scene, FWPD officers and firefighters discovered a gray sedan on fire and a white SUV in a ditch. Investigators believe that alcohol and speed were contributing factors in the crash, which remains under investigation.

The Importance of Legal Assistance After a Fatal Accident

Fatal accidents have devastating consequences for the victims and their families. In the aftermath of such tragedies, having experienced legal representation is essential to navigate the legal process and ensure that justice is served. An Indiana personal injury lawyer focusing on fatal accidents can provide critical support during this challenging time.

Why Legal Representation Matters

A skilled attorney will thoroughly investigate the accident, gather evidence and work with experts to determine the cause and identify liable parties. Dealing with insurance companies can be overwhelming, especially after a fatal accident. An attorney will handle all communications with insurers, ensuring fair compensation. Personal injury laws are complex and vary by state. An attorney with experience in Indiana law can effectively advocate for your rights and secure the best possible outcome for your case.

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Drivers do not always behave rationally on the road. A driver may suddenly change lanes without using a turn signal or drive at unpredictable speeds. Even if you become agitated, it is crucial to avoid provoking the driver, which may lead to a road rage incident. Too often, road rage incidents can have devastating consequences.

According to a recent news article, an Indianapolis, Indiana road rage incident claimed the life of one person. Emergency dispatchers received calls reporting a disagreement between two drivers that led to gunfire. When they arrived at the scene, they found a driver who was ejected from their car before it ran off the roadway and crashed into a nearby pond. Sadly, the driver died at the scene. Police are continuing to investigate the crash.

What Steps Can You Take to Avoid a Road Rage Accident?

If you encounter an aggressive driver on the road, you can take several precautions to avoid escalating the situation. First, do not interact with the driver. Initially, you may feel the urge to “get even” with a driver who cuts you off or otherwise provokes you. However, responding with aggression may lead the driver to escalate their behavior and cause a crash. To stay safe, avoid making eye contact or hand gestures at the driver and remain in your vehicle at all times. Second, if you notice an aggressive driver, attempt to pull over as soon as possible to let the driver pass you. Once you are safely pulled over, contact emergency personnel to report the driver. Doing so could save your life and the lives of everyone else on the road. If you cannot pull over safely, try to change lanes to distance yourself from the driver. While not all accidents are avoidable, these safety tips can help prevent a road rage incident from escalating.

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Fatal car accidents harm the accident victim and the victim’s entire family. When a person dies in a fatal car accident, their family may seek to hold the responsible driver accountable through a personal injury lawsuit. While no amount of money can bring your loved one back, a personal injury lawsuit can provide your family closure and ease your financial burden. If you have lost a loved one in a fatal Indiana accident, speaking with an Indiana personal injury attorney can help you understand your options.

For example, a recent news report explains that one person was killed and two people suffered injuries in an Indiana highway crash. The accident occurred on eastbound I-80/94 in Lake County between two semi-trucks and an SUV. The SUV was traveling behind the first semi-truck when both vehicles began to slow down. Then, a second semi-truck rear-ended the SUV, pushing it underneath the first semi-truck’s trailer. Sadly, one SUV passenger died at the scene. Two other people suffered life-threatening injuries.

What Damages Are Available for an Indiana Fatal Accident?

In Indiana, you can recover damages for the loss of a loved one through a wrongful death lawsuit. The deceased’s personal representative must file the lawsuit, but their family will receive the ultimate damages award. In a wrongful death lawsuit, you can seek damages for reasonable medical, hospital, funeral and burial expenses. If you were a dependent of the deceased, you can also recover lost future earnings. Unlike economic damages such as medical bills, a court will determine damages for the loss of companionship based on the extent of each survivor’s harm. Under Indiana law, damages for the loss of the deceased’s love and companionship may not exceed $300,000. Finally, you can recover the reasonable attorney’s fees you incurred by filing the lawsuit.

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Every parent’s worst nightmare is learning their child has suffered injuries or died in an accident. Accidents involving child victims can take an intense psychological toll on the child and the entire family. Fortunately, parents can take several steps to protect their children from injuries in the event of an accident on the road. However, when a child suffers harm in a car accident, the child’s parents may seek to hold the responsible party accountable for their harm through a negligence lawsuit.

As a recent news article tragically reported, an 8-year-old child passed away from a serious car accident. According to state police, the child was traveling in a car that stopped at an intersection. As the driver crossed the eastbound lane to enter the highway, her vehicle collided with another vehicle at a t-bone angle. Sadly, the child died at the scene. Both drivers suffered serious injuries and received treatment at a nearby hospital.

How Can You Protect Your Child from a Fatal Accident?

If you have young children, one of the best ways to protect them is to place them in a car seat. Car seats can keep children safe in the event of an accident. However, not all car seats are equal. First, make sure the car seat is appropriate for your child. The National Highway Traffic Safety Administration (NHTSA) has an online tool that allows you to find a proper car seat based on your child’s age, height, and weight. In addition to selecting the right car seat, make sure to correctly install the seat in your vehicle. An incorrectly installed seat may not provide adequate protection from injuries. Finally, make sure your child is strapped into the car seat. If your child is in a booster seat, make sure your child is also wearing a seatbelt. These steps can help keep your child safe in the event of a car accident.

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Auto accidents can happen even when you have safely parked your vehicle on the side of the road. If other drivers are acting carelessly, they may collide with your parked vehicle and cause a roadside accident. While roadside accidents have a number of causes, they too often result from another driver’s negligence. If another driver has harmed you in a roadside accident, you may be able to bring a personal injury lawsuit to recover damages.

For example, a recent news story reported on an Indianapolis, Indiana roadside accident. According to state police, two troopers were investigating a crash inside a police car when a semi-truck crashed into their vehicle. Both troopers were transported to the hospital for non-life threatening injuries.

What Are the Causes of an Indiana Roadside Accident?

A roadside accident can result from several causes, many of which involve a driver’s negligence. First, a common cause of roadside accidents is distracted driving. When drivers are distracted, they may not see a vehicle parked on the side of the road until it is too late. To minimize the risk of a roadside accident, it is important to avoid talking on the phone, eating, or “multi-tasking” until you have parked safely at your destination. Roadside accidents can also result from driving under the influence (DUI). Intoxicated drivers experience significant difficulty maintaining control of their vehicles. As a result, they may veer off the side of the road and strike a parked car. Furthermore, even if drivers are not intoxicated, they may be too drowsy to operate their vehicles safely. For example, if a semi-truck driver is working a late shift, he or she may grow distracted or drive carelessly due to a lack of alertness. In addition to a driver’s negligence, roadside accidents may occur after a vehicle part malfunction, a faulty guardrail or other road equipment, or a government’s failure to maintain safe road conditions.

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