Articles Posted in Auto Accident

Drivers who operate their vehicles while intoxicated are a danger to everyone else on the road. Accidents that result from driving under the influence (DUI) often leave accident victims with serious injuries and medical expenses. Fortunately, DUI accident victims can sue the responsible driver in a negligence lawsuit to recover compensation for their harm. In addition to criminal penalties, an intoxicated driver may therefore be liable to an accident victim for civil damages.

For example, a recent news article reported on a possible DUI accident in Indianapolis, Indiana. Police arrived at the crash scene and learned a driver had left an exit and attempted to enter a southbound lane. When leaving the exit, the driver crashed into two other vehicles. Multiple people suffered serious injuries. Police officers suspected drugs and alcohol to be factors in the crash.

What Are the Burdens of Proof for Civil and Criminal DUI Cases?

The burden of proof for a criminal prosecution is much higher than a civil negligence lawsuit. To convict the defendant of a crime, all twelve jury members must find the defendant guilty beyond a reasonable doubt. Any shred of doubt about the defendant’s guilt requires the jury to find the defendant not guilty. If even one juror is not absolutely sure that the defendant is guilty, the jury cannot convict the defendant of a crime. If the jury cannot agree, the prosecution may re-try the case against the defendant. The burden of proof is high because the defendant may serve time in prison if they are convicted. By contrast, the burden of proof to impose civil damages is a “preponderance of the evidence” standard. To hold the defendant liable for negligence in a civil lawsuit, the judge or jury must find it is more likely than not that the defendant’s negligence caused the plaintiff’s harm. Under this lower burden of proof, the defendant is liable even if it is only 51% likely that their negligent behavior resulted in harm.

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When passengers suffer injuries in an auto accident, they often have to deal with medical bills, emotional distress, and even lost wages. For many passengers, these injuries feel especially unfair because they had no control over the vehicles that collided. To recover compensation for their injuries, passengers can bring a negligence lawsuit against the responsible driver.

For example, a recent Greenfield, Indiana accident led to a passenger fatality. As a local news article reported, two drivers were traveling northbound in adjacent lanes. Both drivers were speeding and refused to let the other pass them. As vehicle in the right lane began to cross into the other driver’s lane, he lost control of his vehicle. As a result, the two cars collided in the middle of the lanes. One vehicle rolled, which caused a passenger to be ejected from the rolling vehicle. Sadly, the passenger died from her injuries. According to investigators, the drivers were traveling over 90 miles per hour, and the driver who crossed into the left lane had marijuana in his system.

Can At-Fault Plaintiffs Recover for an Indiana Passenger Accident?

When a passenger or their loved ones bring a negligence lawsuit, the defendant may claim that the passenger was partially at fault for the accident. Under Indiana’s modified comparative negligence rule, plaintiffs cannot recover any damages if they were more than 50% at fault for the accident that led to their injuries. Plaintiffs who are 50% or less at fault, they can still recover damages. However, their damages award will be reduced by their degree of fault. For example, a plaintiff who receives a $100,000 damages award but is 10% at fault would ultimately recover $90,000 in damages. To escape liability, defendants will attempt to present evidence that a passenger was at fault for the accident.

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According to the Insurance Information Institute, 10.2% of all fatal crashes in 2020 were head-on collisions. These types of accidents are particularly dangerous due to the amount of force at which two vehicles crash into each other. Indeed, head-on collisions can often lead to severe injuries to the brain or spinal cord, along with multiple broken bones. When a reckless driver collides with another vehicle head-on, they may owe monetary damages to an injured victim if the victim chooses to bring a negligence lawsuit. A recent news article illustrates the severe injuries that can result from head-on collisions.

As the article reported, one person was killed and three people suffered injuries from a head-on collision in Winfield, Indiana. According to local police, three teenage girls were headed to a party when a vehicle struck them head-on. The teenage driver died at the scene. The two passengers and the driver who struck them also suffered injuries. One of the passengers, a thirteen-year old girl, has remained in the hospital to treat her broken bones, jaw fractures, and an injury to her spine. Police are still investigating the cause of the crash.

What Damages Are Available After a Head-On Collision?

When you bring a negligence lawsuit after a head-on collision, you can pursue several types of damages awards under Indiana law. In a negligence claim, an Indiana jury may award economic and non-economic damages to the plaintiff. Economic damages intend to compensate the plaintiff for expenses and financial constrains resulting from the accident. Typically, they are easy to quantify with a set amount. Examples of economic damages include medical expenses, hospital bills, or lost future earnings. Conversely, non-economic damages compensate the plaintiff for emotional harm that cannot be quantified. The most common example of a non-compensatory damages award is for pain and suffering. Additionally, a victim’s spouse may be able to sue the responsible driver for the loss of the victim’s comfort, companionship, and services.

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Roadside accidents often occur when a driver traveling down a highway crashes into a vehicle stopped along the shoulder. When roadside accidents happen, determining who is at fault may prove complicated. Both the driver of a traveling car and a stopped car may also share responsibility for the collision. On other occasions, one party is clearly at fault for the accident. If you have suffered harm from an Indiana roadside accident, an experienced Indiana personal injury attorney can help you develop a theory of causation to prove that a negligent driver was responsible for your harm.

For example, as a recent news article tragically reported, three people were killed in a roadside car accident in LaPorte County, Indiana. The accident occurred when a car was traveling eastbound on the highway and left the travel lanes, heading toward the inside shoulder. As it traveled into the shoulder, the vehicle struck a parked car with its hazards activated. The force of the collision pushed the parked car into the center of the interstate. It then burst into flames. Sadly, three passengers died at the scene. The cause of the crash remains under investigation.

What Are the Causes of a Roadside Accident?

A roadside accident can have multiple causes, including the negligence of drivers operating a traveling car or parked car involved in the crash. First, a traveling car that crashes into a parked car may not be paying attention to their surroundings. Drivers who take their attention from the road may veer into the shoulder of a highway and crash into a stopped car. Additionally, drivers may cause a roadside accident if they bob in and out of lanes too quickly. If drivers attempt to pass other vehicles by traveling along the shoulder, they could crash straight into a stopped car. On the other hand, the driver of the stopped car may also be responsible for a roadside accident. For example, drivers may fail to use their hazards or flash their lights in low-lighting conditions to alert other drivers of their presence. Alternatively, a driver may have negligently parked in between the road and the shoulder, causing other drivers on the roadway to clip their vehicle. To prevent a deadly roadside accident, all drivers should stay vigilant and pay attention to their surroundings.

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A single-vehicle crash is an accident that involves only one vehicle. However, single-vehicle crashes can injure multiple accident victims, including the driver as well as the passengers. Often, a single-vehicle crash occurs when a car veers off the road and strikes an object or rolls into a ditch or other area downhill. A single-vehicle accident can have many different causes, including the driver’s own negligence.

For example, a recent news article reported a single-vehicle crash in Farmland, Indiana, that killed one person and injured three others. According to local police, the accident occurred when a driver failed to stop at a stop sign and hit a hump in the road at a high speed. As a result, the car went airborne before veering into a ditch. Crash investigators believe the car then struck another embankment, causing it to go airborne again before rolling over multiple times. While the car was tumbling, two passengers were ejected from the backseat. Both backseat passengers and the front seat passenger were transported to the hospital for their injuries. Sadly, the driver died at the scene. None of the vehicle’s occupants were wearing a seatbelt at the time of the crash.

What Are the Causes of a Single-Vehicle Accident?

A single-vehicle accident could result from a number of factors. For example, a driver may be speeding excessively. Traveling at high speeds can make it harder for drivers to maintain control of their vehicles, increasing the risk of an accident. To avoid a single-vehicle crash, drivers should refrain from speeding. Additionally, drivers who crash their vehicles may be driving under the influence of drugs or alcohol, causing them to lose control. Driving while intoxicated places a driver and everyone else on the road at risk of a serious accident. It is also illegal. Under no circumstance should drivers operate their vehicles under the influence. Another cause of single-vehicle accidents is distracted driving or “multi-tasking” while on the road. Attempting to text, talk, or eat while driving may cause drivers to veer off the road and crash their cars. Instead, drivers should stay focused on the road ahead and wait to perform these activities until they have reached their destination. These simple steps can help drivers prevent a single-vehicle accident.

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Head-on collisions commonly occur when a driver veers into oncoming traffic, striking a driver traveling in the opposite direction. The sheer force of a head-on collision can lead to serious injuries or fatalities. When people suffer injuries in an Indiana head-on collision, they may choose to sue the responsible driver for damages.

As a recent news article reported, two people tragically died in a head-on collision in Monroe County, Indiana. The collision occurred when one car traveling south on the highway collided with another car heading north. Sadly, both drivers died at the scene. Police are still investigating the crash.

How Does Indiana Apportion Fault Among Multiple Parties?

Sometimes, multiple people share responsibility for the same victim’s injuries. For example, in a head-on collision, both drivers may have contributed to a passenger’s harm. Under Indiana law, a plaintiff can recover damages from more than one defendant. If the jury or judge finds each defendant liable for damages, they will assign a damages amount proportionate to each defendant’s degree of fault. For example, if a defendant is 10% responsible for the plaintiff’s harm, that defendant will pay 10% of the plaintiff’s total damages award.

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Fatal car accidents have a number of causes. The responsible driver may be distracted, speeding, or driving under the influence. Regardless of the cause, a person injured in a fatal car accident may seek to hold the responsible party accountable through a negligence lawsuit. However, filing a lawsuit can be complicated if the person who caused the accident died in the crash. An experienced Indiana personal injury attorney can guide you through the process of bringing a claim for relief.

For example, a recent news article reported a fatal accident in Indianapolis, Indiana. The accident occurred on I-465 when a driver traveling northbound attempted to change lanes. As the driver passed through a construction zone, he struck a crash attenuator. He then collided with four other vehicles. The driver died at the scene.

How Can You Prevent a Fatal Accident?

While not all accidents are completely preventable, there are several steps you can take to stay safe while operating your vehicle. Most importantly, stay focused. Distracted driving, such as attempting to “multi-task,” can take your eyes off the road. As a result, you could easily drift away from your lane and collide with other drivers. To minimize distractions, wait to take calls or send texts until you are safely parked at your destination. Second, take your time. Excessive speeding can make it harder to maintain control of your vehicle, potentially leading to an accident. Additionally, resist the urge to weave in and out of lanes if you are in a rush. Doing so may lead you to strike another vehicle, crash attenuator, or divider. To avoid driving in a rush, leave early and allow yourself ample time to arrive at your destination. Finally, never drive under the influence. Otherwise, you place yourself and other drivers in danger of a fatal accident.

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