by

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.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

With the excitement of a new year, many friends and families may find themselves traveling on the roads to attend new years events and celebrations. In some situations, the holidays may be a time of greater alcohol consumption, which can be a deadly combination when paired with driving on the road. New Year’s can be one of the main holidays where drunk driving is at its worst. People may find themselves on the road late at night or in the early hours of the morning after celebrating the ring of the new year, which can also present its risks, including limited visibility, distracted driving or driving while tired and not as alert. On busy nights like New Year’s Eve, some rideshare apps, such as Lyft, promote free or reduced Lyft rides. The National Safety Council estimated that 408 people may die on U.S. roads during the New Year’s Day holiday time.

According to a recent news report, at least one person was killed in the early hours of 2023 after multiple car accidents occurred in Indiana. One person was killed when a vehicle hit a bridge support on Interstate 70 before 6 a.m. Additionally, multiple vehicles, including a State Police car, were involved in a crash on the highway. Initially, a crash occurred involving eight vehicles around 3:30am. The State Police car was hit later in the morning while investigators were working at the scene. The trooper was not injured, as she was out of her vehicle at the time of the crash. However, one person was taken to the hospital with serious injuries and later died at the hospital. The cause of the crashes was unclear and is still being investigated.

Holiday Safety Tips for Driving

Continue reading

by

Vehicle accidents can happen in a split second. One minute you may be driving down the road, and the next minute, you may find yourself at the scene of the crash. Accidents happen so quickly that it can be difficult to determine who caused the accident and if there may be more than one party responsible for the accident. In accidents involving multiple vehicles, it can be tricky to determine who is the at-fault driver responsible for the crash. Drivers have a duty of care to ensure that all road users remain safe on the roadways. When this duty of care is not met, it can lead to serious and devastating injuries, or even death, for the parties involved. Multiple vehicles involved in a car accident could be the result of a chain reaction, where one driver hits the vehicle of another driver, which then subsequently causes another accident between another vehicle. These accidents can be scary because they can be beyond the driver’s control after their vehicle is hit, causing one or more subsequent crashes.

According to a recent news report, a 41-year-old woman died following a three-vehicle crash in Cass County, Indiana. Four other victims were injured and taken to local hospitals. The 41-year-old woman stopped in the roadway of M-60 to turn onto Anderson Road when a 34-year-old who was riding with three passengers and traveling southwest crashed into the back of her vehicle. The vehicle of the 34-year-old continued off the roadway and rolled onto its side. The 41-year-old’s vehicle was pushed into the northeast lane of traffic. Unfortunately, a 72-year-old who was driving a semi-truck crashed into the woman’s vehicle. The 41-year-old woman was pronounced dead at the scene, and the 34-year-old driver and three passengers were taken to local hospitals for their injuries.

Determining Fault in Multi-Vehicle Crashes

Continue reading

by

It is not every day that you see a car going in the wrong direction, and when such is the case, it can lead to dangerous circumstances for all those nearby. Head-on collisions are considered the most harmful events in approximately 14 percent of all U.S. traffic fatalities each year, according to the U.S. Department of Transportation (DOT) Federal Highway Administration.

According to a recent news report, a fatal accident occurred in Northwest Indiana on I-65 about one mile from the exit ramp at U.S. 231. A driver was killed when he was heading northbound in a southbound lane and crashed head-on with another vehicle as he attempted to flee a crash at a convenience store in Crown Point, Indiana, The other driver involved in the head-on collision also was pronounced dead on the scene. The driver of a third vehicle that was hit as a result of the crash suffered non-life-threatening injuries.

It is important to follow roadway signs and markers, as well as local laws, including speed limits, in order to ensure the safety of all drivers and pedestrians. If you are on a road and approach a wrong-way sign, the DOT advises drivers to stop immediately, pull over to the side of the road, and turn around when it is safe to do so. If you are driving and encounter a wrong-way driver, the DOT advises you to use caution, reduce your speed, pull over and call 911 to report. If your loved one has been killed in a head-on collision or wrong-way collision, you may consider filing a wrongful death lawsuit to receive compensation for your loss.

Continue reading

by

Truck accidents can be particularly devastating due to the size of a typical truck and the resulting impact of a forceful collision. Sometimes, these senseless accidents can happen at random without an obvious cause. However, when truck drivers operate their vehicles while under the influence of drugs or alcohol, their behavior may result in a crash that could have been entirely preventable.

According to a recent news article, a semi-truck crashed into a school bus in Warsaw, Indiana and injured 16 bus passengers. Prior to the accident, local police received calls about a semi-trailer speeding and swerving between lanes. As police were on their way to pull over the truck, they learned the truck had hit a school bus holding 26 people. The passengers were members of a high school hockey team traveling back from their weekend tournament. Medics transferred 16 people to area hospitals for their injuries, three of whom were in critical condition. Officials questioned the truck driver, who presented with slurred speech and an odor of alcohol. After failing a field sobriety test and refusing a chemical test, he was charged with operating a vehicle while intoxicated, a felony offense.

How Can You Obtain Compensation After an Indiana Truck Accident?

To prevail in a negligence lawsuit, a plaintiff must prove the defendant failed to exercise reasonable care and that the failure to do so caused the plaintiff’s injuries. Driving under the influence can be relatively clear-cut instance of failing to exercise reasonable care on the road. Unlike other causes of a truck accident, a drunk driver often cannot blame the accident entirely on an issue with the truck’s manufacturing. By contrast, an accident that involves a faulty tire, broken part, or a manufacturing defect may allow a truck driver to shift the blame onto the manufacturer of a non-functioning part.

Continue reading

by

In 2020, 29% of 808 fatal collisions in Indiana involved dangerous driving, a category that includes speeding. 72% of all dangerous driving collisions included speeding as at least one factor, and speeding was involved in 9% of all collisions regardless of the ultimate cause. While speeding instances have decreased from 2016 to 2020, they remain a significant cause for loss of life while driving—and the cause is almost entirely controllable. And preliminary data unfortunately shows that traffic fatalities in Indiana are up year over year.

According to recent reports, a young woman has died at the scene of a 6-car crash in Indiana. A Cadillac SUV was speeding when it rear-ended the GMC SUV driven by the woman, who was stopped at a red light. The GMC was pushed into the rear of a third vehicle and all three cars were shoved through the intersection. Three other cars were involved in secondary crashes stemming from the accident. The woman has been identified as a local middle school teacher and is mourned by her students and fellow faculty, as well as her husband of just four months.

Two others were taken to the hospital with injuries from the accident, and many others involved in the crash suffered pain but did not go to the hospital. One person sustained a minor head injury and is expected to recover. The second person taken to the hospital was trapped in their vehicle unconscious and was taken to the hospital via helicopter for severe head and internal injuries. An investigation is ongoing.

Continue reading

Contact Information
8320 Kennedy Ave
Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2024, Padove Law
JUSTIA Law Firm Blog Design