Indiana Injury And Family Lawyer Blog

June 24, 2023

Pursuing Damages After an Indiana DUI Accident

Driving under the influence of alcohol or drugs (DUI) often leads to an accident on the road. DUI accidents are often as serious as they are completely preventable. When drivers choose to operate their vehicles under the influence, they often face legal consequences for the harm they caused. These can include both criminal punishment and a civil damages payout to the people who suffered harm from the driver’s actions.

Recently, an article released the details from a crash report in a high-profile Indiana DUI accident. State police received a call just after midnight about an apparent truck accident on the highway. According to witnesses, the truck veered off the road and hit a guardrail, pushing it into the opposite lane. The truck then continued to drive the wrong way before striking a median guardrail and crashing into an embankment. Police then found the truck’s owner, State Representative Jim Lucas, who allegedly smelled of alcohol. He was transported to the hospital for a blood draw. Representative Lucas faces preliminary charges of operating a vehicle while intoxicated, causing endangerment, and leaving the scene of a crash.

How Are Civil and Criminal DUI Cases Different?

When drivers commit a DUI offense, they may face criminal and civil penalties. In a criminal DUI case, the jury must find the defendant guilty beyond a reasonable doubt to convict the defendant of a DUI offense. This standard means that the jury must be nearly certain that the defendant committed the crime. If convicted, the defendant can face jail time or significant fines. However, these penalties often fail to adequately compensate DUI accident victims for their harm, both physical and emotional. In that case, victims can bring a negligence lawsuit against the responsible driver to seek monetary damages for their injuries. Compared to criminal cases, civil cases carry a much lower burden of proof. To hold the defendant liable for damages, the judge or jury only needs to find it more likely than not that the defendant was responsible for the plaintiff’s harm. This standard is called the preponderance of the evidence.

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.

April 27, 2023

One Woman Dead in Fatal Indiana Accident

by Burton A. Padove

If you have lost a loved one in a fatal Indiana car accident, you may feel unsure of your next steps. Even though bringing a wrongful death lawsuit is likely the last thing on your mind, it could help address the expenses resulting from the accident, such as medical and funeral costs. Speaking with an Indiana personal injury attorney can allow you to understand your options after a fatal car accident.

As a recent news article tragically reported, one woman died, and two other people were injured following an accident in Laporte County, Indiana. A driver was speeding on I-94 and approached a curve at the same time as another vehicle. The driver veered into the other car’s lane, sideswiping the vehicle and throwing it off the road. As a result, the vehicle he struck crashed through a guardrail down an embankment. Three people were transported to the hospital, where one woman sadly died from her injuries. Following an investigation, local police arrested the driver for driving under the influence and for possession of marijuana.

Can You Bring a Wrongful Death Claim After an Indiana Fatal Accident?

Indiana only permits a wrongful death action from the personal representative of a deceased person’s estate. In practice, the deceased’s spouse and children would receive any damages resulting from the lawsuit as beneficiaries of the deceased’s estate. Additionally, Indiana law allows a party to bring a wrongful death suit up to two years after the fatal accident. After two years have passed, the party often cannot file a wrongful death lawsuit.

April 11, 2023

Types of Damages Awards in an Indiana Car Accident

by Burton A. Padove

Car accidents can involve a wide range of causes, from distracted driving to inclement weather. If a person chooses to bring a lawsuit after an Indiana car accident, they should be aware of the role fault can play in an ultimate damages award. Additionally, it is important to understand the types of damages available when bringing a negligence lawsuit in Indiana. Speaking with an Indiana personal injury attorney can help accident victims learn more about the types of damages Indiana law recognizes.

As a recent news article reported, a car accident in Columbus, Indiana, left one person dead and another injured. A driver was traveling southbound on the highway when he veered toward the left and struck a vehicle traveling northbound in the opposite lane. The driver, who was not wearing his seatbelt, died at the scene. The other driver was transported to the hospital for life-threatening injuries.

Can You Recover Damages if You Were at Fault in a Car Accident in Indiana?

Indiana allows plaintiffs to recover damages even if they were at fault for the accident. The state follows a system of fault known as modified comparative negligence. Under this scheme, plaintiffs can recover damages as long as they were less than 51% at fault for the accident. If a plaintiff’s proportion of fault is higher than the defendant, the plaintiff cannot recover any damages. Finally, Indiana reduces a plaintiff’s damages award by their proportion of fault for the accident. For example, if a plaintiff is 10% at fault for the accident, a court will reduce their award by 10%.

March 22, 2023

Recovering Monetary Damages After an Indiana Truck Accident

by Burton A. Padove

Truck accidents can be an especially dangerous type of crash. Due to the size of a typical semi-truck or tractor-trailer, the sheer force of a truck collision can result in serious injury and property damage. Truck accidents have many causes, including a truck driver’s careless action or failure to act. In these circumstances, an injured victim may be able to seek damages from the truck driver and the driver’s employer.

A recent news article reported on a tragic semi-truck accident in Frankfort, Indiana, that left one person dead. According to witnesses, the semi-truck was crossing the road when the driver failed to yield the right of way to traffic in the eastbound direction. As a result, a car struck the semi-truck trailer. The semi-truck driver was unharmed, but the other driver was transported to a nearby hospital in critical condition. Sadly, he died shortly after.

Can You Sue a Truck Driver’s Employer After an Indiana Truck Accident?

If a truck driver caused a truck accident that led to serious harm, injured victims may be able to sue the truck driver’s employer. Known as respondeat superior or vicarious liability, plaintiffs can bring a lawsuit against an employer under several conditions. To demonstrate an employer-employee relationship sufficient to bring suit, plaintiffs must prove that the employee responsible for their injuries acted in the “scope of employment” at the time of the accident. In general, employees act within the scope of employment when they perform their assigned duties during their scheduled work hours and, importantly, are acting to further their employer’s business. For example, a truck driver’s employee may be liable for damages if the driver was completing a scheduled transportation of goods when the accident occurred. On the other hand, an employer may not be liable if the accident happened when the truck driver took an unauthorized trip.

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 22, 2023

Bringing a Wrongful Death Claim After a Fatal Indiana Car Accident

by Burton A. Padove

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.

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.

indiana injury and family lawyer blog