Auto Accident

August 31, 2023

Man Seriously Injured in Indiana Fallen Bicycle Accident

During the summer months, many drivers bring their bicycles with them on vacation. However, if drivers fail to properly secure their bikes, they place other motorists at risk of serious injury. If a bicycle detaches from a vehicle, other drivers or motorcyclists could crash into the bicycle at high speeds. A recent Indiana accident illustrates the complex web of injuries that can result from failing to properly secure a bicycle.

According to a recent news report, a fallen bike led to multiple vehicle crashes in Bartholomew County, Indiana. The accident occurred on I-65 when two vehicles struck a bicycle that fell from another vehicle driving south. A pack of motorcyclists then approached the bike, one person crashing into it. The driver of one of the two vehicles left his car to assist the motorcyclist. Sadly, another motorcyclist in the group struck the driver as he attempted to provide aid. The driver suffered serious injuries and was transported to the hospital by helicopter.

How Does Indiana Allocate Fault Among Multiple Parties?

Multi-vehicle accidents may involve more than one defendant, or the plaintiff may share some degree of fault. States follow three main approaches to allocate fault among multiple defendants. Indiana follows a system of pure several liability. Under this theory, a defendant can only be liable for damages proportionate to their degree of fault for the accident. For example, if the jury determines one defendant is 20% at fault, the defendant will not owe the plaintiff more than 20% of the total damages award. Pure several liability differs from joint-and-several liability, which places full responsibility on each defendant no matter their degree of fault.

August 15, 2023

Indiana Head-On Collision Leads to One Death and Several Injuries

by Burton A. Padove

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.

July 31, 2023

Establishing Fault for Indiana Improper Turn Accidents

by Burton A. Padove

Typically, improper turn accidents occur at an intersection when one person drives into the side of another vehicle. The force of these “T-bone” collisions often leads to serious injury and property damage. If you have suffered injuries in an Indiana improper turn accident, it is important to understand how judges and juries in Indiana determine who is at fault.

For example, as a recent news article reported, an improper turn accident left one person dead and four injured in Pine Township, Indiana. The accident occurred as an antique firetruck was traveling west along the highway. A Toyota Highlander traveling southbound turned left, despite not having the right of way. As the Highlander turned into the firetruck’s lane, it was struck on the driver’s side, causing the Highlander to catch on fire. Four of the five people in the Highlander were transported to the hospital for their injuries. The firetruck driver did not require hospitalization. Sadly, one person in the Highlander died at the scene.

How Do Indiana Courts Determine Fault in Improper Turn Accident Cases?

Plaintiffs bringing a negligence lawsuit after an Indiana improper turn accident must prove the defendant is at fault for their injuries by a preponderance of the evidence. This legal term simply means it is more likely than not that the defendant’s negligence caused the plaintiff’s injuries. In the event of an improper turn accident, determining who is at fault may be more difficult than it seems. Typically, the driver who turns without the right of way is the cause of the accident. At an intersection, drivers may turn when they should have instead yielded to oncoming traffic, stopped at a stop sign, or waited for a green light. At the same time, drivers may not see an oncoming car if the vehicle fails to use headlights at night or approaches at an excessive speed. Consequently, the driver who turns at an intersection may not be 100% at fault for an improper turn accident.

July 10, 2023

Understanding Liability for Indiana Roadside Accidents

by Burton A. Padove

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.

June 10, 2023

One Dead, Three Injured in Indiana Single-Vehicle Crash

by Burton A. Padove

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.

May 31, 2023

Indiana Head-On Collision Kills Both Drivers

by Burton A. Padove

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.

May 21, 2023

Recovering Damages in a Fatal Indiana Car Accident

by Burton A. Padove

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.

March 10, 2023

Recovering Damages from a Fatal Indiana Car Accident

by Burton A. Padove

The road can be a dangerous place, and fatal accidents are all too common. If you have lost a loved one in a car accident, you may be unsure about what to do next. Even though filing a wrongful death lawsuit may be the last thing on your mind, it may begin to help you recover financially from your unexpected loss. If your deceased loved one was a primary caregiver, recovering damages from a wrongful death lawsuit may help ease the financial burden you may be feeling.

Sadly, a recent news article reported that four people died after a fatal accident in Spencer County, Indiana. The accident occurred on the highway when a car traveling northbound collided with a Jeep traveling westbound. All four passengers in the Jeep were pronounced dead at the scene.

What Are the Legal Penalties for an Indiana Fatal Accident?

If someone causes a fatal car accident, they may face both criminal and civil penalties. Under criminal law, a driver may be charged with reckless homicide under Indiana’s criminal code. To convict someone of a crime, a jury must find the person guilty beyond a reasonable doubt. If the jury has even the smallest amount of uncertainty about the defendant’s guilt, they cannot convict the defendant of the crime. However, if the jury finds the defendant guilty, they may face both jail time and criminal fines. By contrast, a driver facing civil penalties is liable if a jury finds it is more likely than not that their carelessness caused the victim’s injuries. After a person dies in a fatal car accident, that person’s loved ones may seek to bring a wrongful death lawsuit against the driver who caused that person’s death. Civil penalties often come in the form of monetary damages to the plaintiff.

February 8, 2023

Recovering Damages After an Indiana Winter Weather Accident

by Burton A. Padove

Indiana residents are all too familiar with the freezing temperatures and severe storms that come as fall turns into winter. Winter weather can bring heavy snow and ice, which inevitably makes its way onto the road. Unfortunately, wintry weather conditions may cause drivers to lose control of their vehicles, resulting in serious car accidents.

For example, a recent news article reported multiple serious car crashes during a winter storm in southern Indiana. The first crash involved a semi-truck and several other vehicles that collided in Bartholomew County, which closed the northbound lane of I-65. The semi-truck endured significant property damage. The next day, another semi-truck accident occurred in Dearborn County, resulting in road closures along I-74. A few hours later, police found a jackknifed semi on I-65 northbound in Jackson County. The accident occurred when the semi-truck spilled its cargo, causing the vehicle to veer off the roadway.

Finally, Indiana state police reported a serious crash involving multiple vehicles. According to police, the accident occurred due to extremely slippery, ice-covered roads. In fact, the slippery road conditions led to multiple other crashes throughout the state within a three-hour time frame. Across Indiana, winter weather advisories warned of slick road conditions and cautioned drivers to avoid travel when possible.

January 26, 2023

Two-Vehicle Crash in Indiana Claims Two Lives

by Burton A. Padove

When a car accident happens, you may find yourself contemplating what next steps you should take. Whether you are researching lawyers in your area who handle personal injury suits, dealing with insurance claims, handling medical debt, and/or thinking about what claims to bring in a lawsuit, these are just a few of the things that you may be juggling. Knowing what your options are in a lawsuit, the deadline for filing a lawsuit, and other factors can be critical to recovering the damages you deserve after a car accident.

A recent news report revealed the details of a tragic accident in Fishers, Indiana. According to the report, a 2009 Toyota and a 2011 Toyota were involved in the crash, and there were three victims, one of whom was pronounced dead at the scene. The drivers of both vehicles were taken to a local hospital with serious injuries. The crash is still under investigation.

Indiana’s Negligence Laws for Car Accidents

Generally, negligence means that a person (in this case, a driver) had a responsibility or a duty of care to keep others safe, but failed to abide by the duty of care, which resulted in harm to others. There are elements that must be proven in order for a court to find that a driver was negligent, which includes a duty of care, breach of the duty, causation, and damages. In the state of Indiana, a modified comparative fault rule is applied. This means that a plaintiff can recover damages from a car accident as long as they are found less at fault for the car accident than the defendant. In response, the court will reduce the damages the plaintiff recovers according to the percentage of blame assigned to the plaintiff.