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The Indiana Supreme Court recently issued a decision in a lawsuit filed by the estate of a deceased individual against an insurance company. The case arose after the individual suffered fatal injuries in an accident caused by two negligent drivers. On behalf of her estate, her personal representative settled the claims for $75,000 with the at-fault parties. Additionally, the personal representative received settlements of $25,000 under the underinsured motorist (UIM) coverage from the woman’s carrier.

The issue arose after the estate requested additional coverage under the woman’s parents’ insurance policy. Her parent’s policy provided coverage of up to $100,000 per person for bodily injury or death. The insurance company opposed the claim arguing that the woman was not a “resident relative” under the policy and in the alternative, even if she was a resident relative, the policy’s offset and anti-stacking provisions bar recovery.

Under the insurance company’s policy, a “resident relative” is a relative who actually resides in the insurer’s home with the intent to continue living there. In this case, the woman packed up her and her children’s belongings, moved them into her parents’ home, officially updated her address, and described the residence as her “new home.”

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We’ve all been there: you’re headed to our next destination, and suddenly an onslaught of traffic comes out of nowhere, followed by a massive slowdown. Although vehicles in traffic tend to move at a slow pace, cars and trucks approaching traffic or surprise slowdowns can often lead to dangerous car accidents. When approaching a major traffic clog on a busy roadway, large vehicles that don’t slow down in time or change lanes suddenly can often lead to catastrophic consequences for both themselves and the drivers around them.

In a recent Indiana news report, a major car accident on a local toll road left a teenager dead and several injured. According to a preliminary investigation by Indiana State Police, a semi-truck was heading eastbound when it hit traffic that had accumulated because of a nearby crash. When the semi-truck driver changed lanes as he slowed down, a vehicle hit the back of the tanker-trailer that he was hauling. The driver and two of the vehicle passengers were all airlifted to a local hospital, and another back seat passenger died from his injuries.

In Indiana, when a driver changes lanes suddenly and an accident occurs, it may initially be unclear who is at fault. However, drivers have a responsibility both to their passengers and to other drivers on the road to adhere to local laws and operate their vehicles with safety and caution. When changing lanes, drivers should assess the situation by checking their mirrors, slowing down or speeding up appropriately, and putting drivers around them on notice by using their turn signal before making their lane change. For drivers of large vehicles, such as semi-trucks, ensuring adequate room to make a lane change is crucial.

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Recently, the state’s supreme court issued an opinion stemming from an Indiana tractor-trailer accident. According to the opinion, the plaintiff was traveling from Georgia to Iowa to begin a new job. While he was driving, a tractor-trailer hit the plaintiff’s car, causing the plaintiff to slam his head against his window. The tractor-trailer driver continued to drive after the collision; however, the plaintiff could flag him down and motion him to stop. When police arrived, the plaintiff advised them that he was not hurt and did not need assistance. However, at some point during his trip, he felt something irritate his eye. After arriving in Iowa, he washed out his eye and pulled out a piece of glass. He went to the hospital and was referred to an ophthalmologist who recommended an MRI. The MRI showed a tumor, and the doctor warned him that he should have the tumor removed or risk going blind.

A few months later, the plaintiff sought treatment from a neurosurgeon who told him that he was experiencing a pituitary apoplexy, often triggered by a sudden event caused by bleeding into the tumor. The plaintiff underwent surgery and removed the tumor. Following the surgery, the plaintiff met with an endocrinologist, who diagnosed him with a hormonal imbalance. The doctor advised him to start testosterone injections, but the plaintiff waited a year before beginning treatment.

The plaintiff filed a lawsuit against the truck driver and his employer, claiming that the accident caused a pre-existing tumor to swell. The parties admitted fault, but disputed damages, arguing that the plaintiff failed to mitigate them. The defendants argued that the plaintiff did not take the medication his doctor prescribed, failed to follow-up with alternative medicine, and did not fill his eyeglasses prescription. The defendant asked the court to provide the jury with a failure to mitigate damages instruction. The plaintiff argued that there was not enough evidence for the instruction.

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Recently, the Indiana Court of Appeals, issued an opinion reversing the denial of a plaintiff’s motion to compel arbitration. The appellate court remanded a case involving a malpractice claim brought by the estate of a nursing home resident. The record indicates that the family discovered that the woman developed several medical conditions and ailments while residing at the nursing facility. These conditions led her to experience debilitating pain and suffering and become liable for significant medical expenses up until her death.

Shortly after filing a medical malpractice claim against the facility, the estate became aware of an arbitration agreement the woman signed upon admission. Upon discovery of the agreement, the estate filed a motion to compel arbitration. The trial court ultimately denied the estate’s motion to compel arbitration, finding that the claim must first proceed through the process outlined in the Indiana Medical Malpractice Act (Act).

Indiana generally has a strong policy that favors enforcing arbitration agreements. In cases where a party motions the court to compel arbitration, the court will evaluate whether the parties agreed to arbitrate the specific dispute at issue. Like Indiana contract law, disputes often rely on the parties’ intent and the construction of the terms of an agreement.

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State law provides passengers with certain rights and remedies if they are injured in an Indiana car accident. Passengers have the right to assume that drivers are exhibiting reasonable caution to avoid accidents. If an accident does occur, passengers maintain the right to collect contact and insurance information from all parties involved in the collision. Further, victims maintain the right to safely investigate the accident scene, including taking photos and gathering witness information. Passengers have the right to seek medical care for their injuries and speak with an attorney to recover for their damages and losses.

Under the state’s Guest Statute, Indiana Code 34-30-11, passengers cannot file claims against a driver in certain limited situations. These situations include if the at-fault driver is a spouse, parent, child, or step-child. In most other cases, the at-fault driver may be liable for injuries the passenger suffered. However, insurance companies will often dispute fault. In most cases, passengers are not at fault for the accident. However, passengers might be partially responsible if they engaged in conduct that led the driver to an accident. Moreover, passengers who voluntarily got into a vehicle with an impaired driver may have limitations on recovery. Passengers in these situations may have their damages recovery reduced by their percentage of fault. Because Indiana follows the comparative fault theory, passengers should seek representation from an attorney to avoid the other party from assigning undue fault.

After an accident, the at-fault driver may be liable for a passenger’s injuries. In most cases, the at-fault party’s insurance company or passenger’s uninsured motorist policy is responsible for paying damages. However, the initial settlement offers provided by insurance companies rarely cover the extent of damages, especially when the passenger suffered serious injuries.

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Earlier this month, an Indiana police officer suffered serious injuries after he was struck by a semi-truck while controlling traffic on the highway. According to a local news report covering the collision, the officer was controlling traffic in a road construction zone on Interstate 65. The officer was sitting in the driver’s seat of his vehicle, which was blocking the highway’s northbound lanes. Shortly after 6 a.m., a semi-truck crashed into the officers’ parked vehicle.

The force from the collision forced the police cruiser off the highway, flipping it on its side. The semi-truck ended up in the middle of the road, pushed up against the median. Emergency crews arrived by helicopter to take the injured officer to the hospital, where he was admitted in serious condition. The truck driver was uninjured in the crash.

Police immediately began an investigation into the truck accident. According to the report, authorities do not believe drugs or alcohol were involved in the accident; however, the results of a toxicology screen are still pending.

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When car accidents occur, they are often the result of a driver’s carelessness or mistake. However, some accidents are the result of a driver’s conscious decision to get behind the wheel under the influence of alcohol or some other illegal substance.  In either case, negligent or drunk drivers can be held accountable for their actions through an Indiana car accident lawsuit.

According to a recent news report, four children were killed when a semi-truck crashed into a car that was slowing down while passing through a construction zone on an Indiana interstate. Evidently, authorities found the car and semi-truck pulling a box trailer both on fire near the construction zone. Investigators believe the truck did not slow down when it approached slowed traffic near the construction zone and consequently crashed into the back of the car. This pushed the car into another semi-truck, resulting in an even larger crash.

Witnesses on the scene reported that the driver of the semi-truck that struck the car from behind was operating in an “erratic manner” before the accident occurred. Evidence showed that the stopped traffic was not a contributing factor to the crash, and that the driver had multiple drugs in his system when the accident occurred. Local authorities arrested the truck driver and charged him with four counts of reckless homicide, four counts of operating while intoxicated and causing death, and operating a car while intoxicated and causing serious bodily injury. Following a preliminary drug screening, authorities indicated that drugs were a contributing factor in the crash, and criminal charges would be forthcoming pending the results of the investigation.

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Recently, a national outlet published a report that the Food and Drug Administration (FDA) and the U.S. Centers for Disease Control and Prevention (CDC) issued recalls for bagged salads. The bagged salad mixes contained a microscopic parasite linked to an outbreak of intestinal illnesses in many Midwestern states. As a precaution to consumers, some retailers voluntarily recalled the mixes in Indiana. The agencies are also advising Indiana consumers to throw out their salad mixes if they are unsure of its origins. Individuals who suffer adverse effects after eating potentially harmful food items should contact an Indiana product liability attorney to discuss their rights and remedies.

Many consumers began getting sick from May to mid-June. The affected consumers ranged from 16 years old to 92 years old. The CDC explained that the microscopic parasite often contaminates water and food resulting in Cyclosporiasis. This intestinal infection typically causes diarrhea, cramping, and fatigue. Although these conditions may be treated with antibiotics, medically fragile individuals may suffer severe and long-term consequences, including hospitalization and death.

Microbiologists explain that they are not positive what causes these outbreaks, but it is likely related to the quality of the water used to farm the produce. In many cases, the water is contaminated with fecal matter. However, regardless of what caused the parasite, there is a clear indication that there was a breakdown in quality-control. In these situations, Indiana injury victims should hold all liable parties responsible for their injuries and resulting damages.

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To many, playing sports is more than just a recreational pastime. However, when someone gets hurt playing on an unsafe field, the injury can often be severe. Property owners, including those who own a sports field, have a responsibility to maintain a safe environment for people to practice and play on. When an individual is injured on another’s property, the injured party can bring a premise liability claim against the owner. In Indiana, an owner is liable for physical harm caused to a person invited onto his land if: (a) he knows his land is unreasonably dangerous; (b) the person would not likely realize the danger or fail to protect themselves from it; (c) he fails to attempt to protect them from the danger.

In a recent opinion, a state appellate court discussed whether the owner of a horse racing track could be held liable under premises liability theory after the plaintiff was injured while riding a horse on the track. Ultimately, the court concluded that the plaintiff could not raise a successful premises liability claim because he should have anticipated the risk that comes with horse racing.

According to the court’s opinion, the plaintiff was injured as he was exercising his horse on the track. Evidently, a jockey lost control of his horse and it collided with the plaintiff, who was thrown to the ground and injured. The plaintiff brought a premises liability claim against the owners of the race track, arguing that the racetrack owner owed him a duty to keep him safe and that the condition at the racetrack caused his injuries.

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When someone imagines a car accident, they typically picture an incident involving two people or parties. However, there are often Indiana car crashes involving more than just two parties, vehicles, or people responsible. In light of often complicated circumstances surrounding the events leading up to the accident, it may be difficult to assign fault or figure out who is responsible. Regardless, parties who cause these incidents should be held accountable, and the complexity of having multiple defendants should not deter an accident victim from pursuing a claim following a car crash.

According to a recent news report, a major car accident involving multiple vehicles left four people dead and seven injured after a series of chain-reaction crashes. Evidently, the first crash occurred when two semi-trucks collided at around 4:00 am. An hour later, another truck crashed into the first crash scene, which left a local highway worker seriously injured and two state troopers with serious but non-life-threatening injuries. All three were transported to a local hospital to be treated. At 6:45 am, another accident occurred when a semi-tractor traveling at highway speeds caused crashed into at least seven vehicles. This collision involved two semi-tractor trailers, a dump truck and four passenger vehicles, and resulted in multiple fatalities and injuries. This final accident resulted in the death of the initial semi-tractor driver and three others.

After the second crash, electronic highway signs were set up to alert drivers that crashes had occurred ahead and that they needed to exercise additional caution. However, the subsequent accidents still occurred because of distracted driving by motorists and a lack of awareness of their surroundings. According to local authorities, had nearby bystanders failed to immediately provide assistance to those who were injured, there could have been even more fatalities.

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