Articles Posted in Wrongful Death

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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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Head-on collisions are among the most devastating types of accidents that happen on Indiana roads. When two vehicles collide head-on, the force of the impact is amplified, and when there’s a significant size difference between the vehicles involved, the risks of serious injury or death become even greater. This type of collision can be particularly severe when, for example, a small passenger car is struck by a much larger vehicle, such as a municipal bus or truck. Recently, a fatal head-on collision in the Crown Point area has deeply affected the local community and serves as a somber reminder of just how dangerous these incidents can be.

The crash that shook Crown Point involved a school bus and an SUV. Preliminary reports show that the accident occurred on 133rd Avenue in an unincorporated area of Crown Point, just before 8:30 a.m. The school bus, a large municipal vehicle, was traveling westbound when it suddenly veered off the road, reportedly striking a mailbox before swerving back onto the road. Unfortunately, the bus overcorrected and entered the path of oncoming traffic, where it collided head-on with an SUV. Despite the SUV driver’s attempts to prevent the crash, the collision could not be avoided. Tragically, the SUV driver—a 53-year-old woman—was critically injured and later passed away due to the severity of her injuries. Fortunately, the school bus had only two occupants, the driver and a monitor, who were taken to a medical facility for evaluation, and there were no students onboard at the time.

In Indiana, victims of head-on collisions are often entitled to relief and may pursue claims for personal injury or wrongful death against those responsible. When one party’s negligence leads to a fatal accident, such as a large vehicle swerving into oncoming traffic, families of the victims may be entitled to seek significant damages for their loss. Damages can cover medical expenses, lost income, funeral costs, and other losses, giving families some measure of financial support during an emotionally challenging time. However, seeking justice in these cases can be complex, especially when multiple parties might share responsibility for the accident. In situations like this recent Crown Point tragedy, several entities could potentially be held liable—ranging from the individual driver to the municipal agency responsible for the bus. This complexity underscores the importance of quick action by those affected.

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Summers in Indiana are cherished for the joy and freedom they bring, offering the perfect setting for outdoor adventures like boating, off-roading, and motorcycling. These activities provide families and friends with the chance to enjoy the beauty of nature and the thrill of outdoor sports. However, the excitement that accompanies these activities can quickly turn dangerous when safety is overlooked, or when fun gets out of hand. Recently, the tragic reality of these dangers was underscored by a deadly boating accident that occurred on Coldwater Lake earlier this month.

The accident involved two speedboats, each filled with people out for a night of fun on the lake. Unfortunately, this joyride turned deadly when a boat driven by a 15-year-old collided with another boat. The driver of the second boat, a 46-year-old man from Indiana, was severely injured in the crash and later died at a hospital. The collision occurred late at night, a time when visibility was reduced and the risks on the water increased. The first boat, driven by the teenager, had seven other passengers on board, while the second boat had three additional passengers, some of whom sustained minor injuries.

This incident appears to be a result of negligence, highlighting the critical importance of safety when engaging in recreational activities. Boat safety is paramount, especially during the warmer months when lakes and rivers across Indiana are bustling with activity. It’s not just the responsibility of adults to ensure safety; parents must also teach their children the importance of operating these vehicles with care and caution. In this tragic case, the young age of the driver involved raises serious concerns about whether proper supervision and guidance were provided. Both the teenager and their parents could be held responsible for the accident, facing not only civil liability but potentially criminal charges as well. Continue reading

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A recent hot air balloon accident in Hebron, Indiana, raises important questions about liability waivers and personal injury law. On a Sunday evening, a hot air balloon struck power lines, causing the balloon to crash and injuring the pilot and two passengers. The Federal Aviation Administration (FAA) confirmed the incident, which resulted in all three individuals suffering burns. The injured passengers were transported to hospitals in Chicago, while the pilot was taken to a hospital in Crown Point, Indiana. The FAA and the National Transportation Safety Board are investigating the crash.

This incident highlights the complex issues surrounding liability waivers often signed before participating in recreational activities. In Indiana, these waivers can significantly impact personal injury cases. However, their enforceability depends on factors like the waiver’s clarity and whether the operator showed gross negligence. Understanding these legal documents and how they relate to personal injury law is crucial for anyone injured in such accidents. Consulting with an experienced Indiana personal injury attorney can help victims navigate these legal challenges and determine the best course of action.

Understanding Liability Waivers in Indiana

Liability waivers are common in many recreational activities, including hot air balloon rides. In Indiana, these waivers can protect businesses from lawsuits if a participant gets injured. However, they are not always ironclad. For a waiver to be valid, it must be clear, unambiguous, and explicitly state the risks involved.

If the waiver is vague or the business was grossly negligent, a court may find the waiver invalid. Gross negligence refers to a severe lack of care that shows reckless disregard for the safety of others. If the hot air balloon operator was found to be grossly negligent, the waiver could be considered void.

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Fatal accidents can have a number of causes, but the effects are always devastating. When a negligent driver causes a fatal accident, the driver injures not only the deceased victims but also their loved ones. If your loved one has died in an Indiana car accident, you may be overwhelmed with medical and burial expenses along with extreme emotional distress. Speaking with an Indiana personal injury attorney can help you understand your options to help you recover damages resulting from the accident.

Recently, the Associated Press reported that three people sadly died in a fatal Indianapolis, Indiana car accident. The accident occurred as state troopers attempted to pull over a vehicle on suspicion of reckless driving. However, instead of pulling over, the driver fled from the officers and traveled through several city streets as the officers pursued the driver. Roughly five minutes after the officers ended their pursuit, the car sped through a red light and collided with another vehicle. The driver of the second vehicle died at a hospital. Two passengers in the speeding car also died from their injuries. Police arrested the driver, who suffered only minor injuries, on a preliminary charge of resisting law enforcement causing death.

Can You Bring a Lawsuit After an Indiana Fatal Accident?

If your loved one has died in a fatal Indiana accident, you may be able to bring a wrongful death action against the responsible driver. Indiana law provides that a victim’s family can sue the driver for negligence so long as the deceased could have sued them if they had survived the accident. Accordingly, the plaintiffs in an Indiana wrongful death lawsuit must show that the defendant owed the deceased a duty of care, violated that duty due to their reckless behavior, that their recklessness caused the fatal accident, and that the victim died as a consequence.

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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.

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Unfortunately, the road can be a dangerous place. Too often, car accidents result in serious injury or death. If you have lost a loved one in a fatal car accident, you may be unsure of your next steps. In addition to the grave emotional harm you have suffered, you may be overwhelmed by the financial consequences of a fatal accident. By filing a wrongful death lawsuit, you may be able to seek monetary compensation for your harm.

A recent Indiana car accident shows just how dangerous the road can be. As a local news article reported, a two-vehicle crash in Johnson County, Indiana, killed both drivers. The accident occurred on U.S. 31 when two vehicles collided in the northbound lane. According to local police, one driver was traveling in the wrong direction and collided head-on with the other vehicle, a Krispy Kreme truck. As a result of the collision, the vehicles caught fire. Both drivers were pronounced dead at the scene.

Can You Sue for Wrongful Death After a Fatal Indiana Accident?

Under Indiana law, a deceased victim’s loved ones can sue after a fatal accident for wrongful death. They can bring a claim as long as the deceased would have been able to sue if they had not died from the accident. The reason for this rule is to ensure that people who act negligently do not escape responsibility just because the deceased cannot personally sue them. When bringing a wrongful death lawsuit in Indiana, a deceased victim’s loved ones can recover damages to compensate for the financial and emotional harm they have suffered. Specifically, by filing a wrongful death claim, they can pursue medical and burial expenses, the deceased’s lost wages, and, for the deceased’s spouse, compensation for the emotional loss of the deceased’s companionship.

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Each year in the United States, accidents involving fireworks kill around ten people. In June and July, the risk is the highest, as fireworks are being sold and used in anticipation of the July 4th holiday. An Indiana boy was killed over the holiday weekend in a fireworks explosion that occurred while the family was lighting fireworks to celebrate the holiday.

According to a local news report discussing the accident, the 11-year-old boy and adults from his family were setting off “mortar-style” fireworks when an explosion occurred and the boy was seriously injured. His family attempted to rush him to the hospital after the explosion, but he died before they arrived. Although the accident is still under investigation, authorities have ruled it an accident for the time being.

All fireworks involve some risk of injury, especially if they are not used as intended. Some types of fireworks are more dangerous than others. IN 2013, the Indiana legislature expanded the permitted types of fireworks allowed in the state. This rule change allowed Indianans to use aerial consumer fireworks, such as mortars and bottle rockets, in addition to the ground-based fireworks that were previously allowed. These ariel fireworks are generally more dangerous than grounded ones, as the aerial varieties usually utilize at least two separate explosions to cause the desired effect, and can cause serious damage if they are misused or fail to function as intended.

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Following the sudden and unexpected loss of a loved one, filing a lawsuit may be the furthest thing from your mind. Losing someone you love, however, is difficult in multiple respects. In addition to losing someone you deeply cared for, you may also have been relying on them for financial or emotional support. Although nothing can reverse your loss, a wrongful death personal injury lawsuit could be the answer to addressing some of the gaps that take place after the sudden and unexpected loss of a loved one.

According to a recent local news report, a wrong way accident resulted in one driver dead and another seriously injured. Based on a preliminary investigation by Indiana State Police, a Nissan was traveling eastbound in westbound lanes when it crashed into a Honda head-on. The driver of the Nissan was declared dead at the scene and the driver of the Honda was transported to a local hospital with potentially life-threatening injuries. Local authorities closed the westbound lanes of the toll road where the accident took place for several hours to investigate, which caused significant traffic jams and delays as emergency crews cleared the accident. Although the accident remains under investigation, local authorities believe that alcohol or drugs may have been a factor in the accident.

Indiana, like other jurisdictions, has state-specific rules about the details of bringing a wrongful death case. For example, not anyone is eligible to file a wrongful death suit. Although some states allow specific family members or even individuals who were substantially financially dependent on the deceased to bring a wrongful death claim, Indiana only allows the deceased’s personal representative to file a wrongful death claim if the deceased was an adult. If the deceased was a child, however, the claim can be filed by one or both of the child’s parents or by the child’s legal guardian.

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When the driver’s negligence or recklessness results in a fatal Indiana car accident, the accident victim’s surviving loved ones may file an Indiana wrongful death lawsuit. Wrongful death claims, which are essentially personal injury lawsuits where the injured person has died and is no longer able to bring a claim on their own behalf, can often be a means of recovering compensation following a tragic accident.

According to a recent news report, a tragic car accident left a couple’s six-month-old son dead. Based on reports from local authorities, the child’s mother was rear-ended by a semi-truck at a stoplight, and the boy died from his injuries following the accident. The child’s mother experienced minimal bruising and soreness, and the couple’s two-year-old daughter underwent surgery to repair a broken femur. The daughter also suffered multiple fractures in her skull but is reportedly in stable condition.

Indiana’s wrongful death statute defines the term “wrongful death” as one that was “caused by the wrongful act or omission of another” person or entity. The most common types of injuries that give rise to a wrongful death claim include negligence-based accidents, such as car crashes or personal injuries, medical malpractice, or intentional acts.

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