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In a recent Indiana Supreme Court case, the Court held that non-hospital medical entities that serve as a health care providers may be vicariously liable for physicians whom they independently contract with unless they give meaningful notice to the patient, the patient has independent special knowledge of the arrangement between the non-hospital medical entity and its physicians, or the patient otherwise knows about these relationships. This decision helps prevent non-hospital medical facilities from evading liability in negligence cases involving the facility and independent contractor physicians.

The Facts of the Case

The plaintiff went to Marion Open MRI (the defendant) to get MRIs of his spine. Marion Open MRI is not a hospital, but an outpatient diagnostic imaging center that is not a qualified healthcare provider under the Indiana Medical Malpractice Act. Marion Open MRI independently contracted with a radiologist to read MRIs and sent the plaintiff’s MRI images to the radiologist for interpretation. The radiologist was never physically present at the Marion Open MRI facility and instead interpreted the images from his home office. The radiologist’s reports appeared on Marion Open MRI letterhead and had zero indication of his independent contractor status.

The plaintiff filed his complaint alleging medical malpractice, claiming that Marion Open MRI and the radiologist failed to diagnose and treat his spinal condition which has now resulted in permanent injuries. Marion Open MRI argued that it was not liable for the radiologist’s actions because the relevant law does not apply to non-hospital entities. In response, the plaintiff argued there was a dispute of material fact whether the radiologist was acting as an apparent agent for Marion Open MRI, even considering the fact that Marion Open MRI is not a hospital. When there is a genuine dispute of material fact, the case must go to trial. The trial court ultimately decided not to go to trial and ruled in favor of Marion Open MRI. The Court of Appeals reversed the trial court decision, holding that “it is reasonable for a patient in a diagnostic imaging center to believe that the radiologists interpreting images for the center are employees or agents of the center, unless the center informs them of the contrary.” The case was appealed to the Indiana Supreme Court.

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The National Center for Statistics and Analysis and the National Highway Traffic Safety Administration reports that head-on accidents are disproportionately represented in deadly crashes on two-lane highways. These two-lane roadways make up a substantial percentage of the highway network in the country; Indiana alone has nearly 30,000 miles of road. Thus, motorists must take steps to avoid highway crashes, especially since many of these crashes are head-on.

Many organizations and safety advocates have researched to help curtail head-on crashes. However, these accidents continue to occur. While the rate of head-on accidents is not as high as other types of accidents, these crashes tend to result in the most severe outcomes.

For instance, local news sources reported a fatal Knightstown, Indiana crash. According to the Sheriff’s Office, a driver was killed when he veered into the center line while heading south toward 1-70. He slammed into a northbound driver in an SUV and eventually came to a stop in a ditch. The driver was trapped in his vehicle and died from his injuries before an emergency helicopter arrived. The SUV’s driver’s vehicle ignited and came to a rest in another ditch. Emergency responders transported her to a regional hospital for treatment.

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After a fatal Indiana car accident, you may feel overwhelmed with the aftermath of the collision and feel unsure of what steps to take next. If medical expenses, bills, and other financial pressures are stacking up in the wake of losing a loved one, it may be time to consider filing a personal injury lawsuit against the at-fault party. Although the lawsuit will not bring your loved one back, it could provide some financial reprieve for you and your loved ones on your journey to healing.

According to a recent local news report, a man was charged with driving while intoxicated after a fatal Indiana crash that took place last March. Indiana State Police reported that the March accident was a single-vehicle accident, where a Jeep Cherokee crashed into a median wall and overturned. The driver of the Jeep had two passengers in the vehicle, one of which died from injuries stemming from the accident. The Jeep driver was charged with operating a motor vehicle while intoxicated and causing death and causing death when operating a motor vehicle with an alcohol concentration equivalent of 0.08 or more.

If you recently lost a loved one in a fatal Indiana car accident and the at-fault party may have been intoxicated or driving under the influence, you may be entitled to compensation. Because your loved one’s death was likely because of the at-fault party’s recklessness and negligence, this could establish the basis for your personal injury claim.

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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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As if getting into a car accident was not stressful enough, watching the at-fault party speed away from the scene of the accident without stopping and being unable to locate them makes an already challenging situation even more frustrating. These accidents, which usually involve a vehicle crashing into another party or property before fleeing the scene, can be devastating to victims and property owners. Understanding what legal and insurance-related avenues you have available to you to recover compensation following one of these accidents is crucial to getting you back on your feet.

According to a recent news report, the victim of a hit-and-run accident was identified. Local officials reported finding the victim’s body in a drainage ditch more than a mile from where her car was found crashed and empty on the side of the road earlier this month. Initially, police claimed it was impossible that she had floated that far between the locations, but the coroner’s office officially determined that her death was due to trauma from the car accident complicated by drowning. Additional details surrounding the crash remain under investigation, but the victim’s death was ruled an accident. The circumstances surrounding the collision remain under investigation.

In Indiana, like most other states, there are specific laws prohibiting leaving the scene of an accident and causing a hit-and-run collision. If the at-fault party is located, the victim of the accident has two options: first, to make a claim against their insurance, or second, to file a personal injury lawsuit against them.

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Distracted driving seems more common than ever these days—probably because there are so many more things to distract drivers than ever before. From texting and talking on cell phones to wrangling the kids or attempting to multi-task while driving, taking your focus off the road can often have significant and disastrous consequences for yourself, your passengers, and others who share the road with you. Following an accident where a distracted driver’s negligence causes you significant physical injury and property damage, understanding the law is crucial so that you can recover the compensation that you deserve.

According to a recent local news report, four people were injured following a two-vehicle accident. Local authorities reported that a Dodge was traveling east when the driver handed her daughter a drink that was in the backseat. The driver ran off the south side of the roadway and then overcorrected, which caused the vehicle to swerve into the westbound lane. The driver of a Chevrolet was traveling west when she crashed into the Dodge as it swung into her lane. The driver of the Dodge and her two passengers were transported to a local hospital for treatment of back, leg, and hand injuries. The driver of the Chevrolet suffered a chest injury and was also transferred to a hospital for treatment. The accident remains under investigation.

Unfortunately, Indiana is no stranger to similar types of distracted driving incidents. In fact, in 2018, more than 6,000 accidents involved a distracted driver. In 2020, Indiana became the 22nd state in the country to enact legislation prohibiting drivers from holding a smartphone or similar device while operating a vehicle. The law, however, only prohibits drivers from holding the device, so they are still permitted to use hands-free and Bluetooth devices.

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Truck transport remains one of the most popular ways to ship goods throughout the country. Despite newer and faster ways of transport, companies continue to use this method, leading to more and more large trucks on major roadways. This increase has inevitably led to more Indiana trucking accidents. In addition to driver error, mechanical defects account for nearly 30% of all truck accidents. This startling number elucidates the preventability of these accidents.

Many trucks outweigh passenger vehicles at a rate of 20 to 1; as such, an accident with a large truck is likely to result in serious injuries. Motorists rely on companies to properly vet and train their employees, drivers to maintain safe driving habits, and both entities to inspect their vehicles for safety. A failure at any of these junctures can lead to liability for the damages that ensure. In terms of mechanical failures, the most common failures include brake, transmission and tire failures.

Brake Failure

Brakes are one of the most important mechanical components of a truck. A brake failure can cause a driver to lose control of their large vehicles and slam into an object, bystander, or vehicle. These failures may arise from worn brake discs, thinning pads, defective lines, or leaking brake fluids.

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Traffic accidents are one of the primary causes of serious injuries for individuals throughout the United States. The likelihood of a fatality exponentially increases when a driver is under the influence of drugs or alcohol. For instance, a local news report described a fatal Indiana suspected drunk driving accident. According to the Indiana Metropolitan Police Department (IMPD), the crash occurred shortly before 10 a.m. at an intersection near Interstate 465. A 27-year-old southbound driver hit a west-bound Fiat driver. Both vehicles sustained severe damages in the crash. Emergency responders transported the Fiat driver to a hospital, where she succumbed to injuries. The other driver suffered non-life-threatening injuries after being ejected from his SUV. IMPD investigators arrested the SUV driver on suspicion of driving while intoxicated and reckless homicide; however, charges are pending.

After an Indiana drunk driving accident, the injury victim may not need to prove that the other party was intoxicated to establish that they were negligent. However, proving intoxication can assist victims in recovering more compensation efficiently. The burden on establishing intoxication after an accident should not remain on an accident victim; however, taking note of certain factors can help bolster a case. For example, when exchanging information, a victim should take note of the other driver’s:

  • Slurred speech
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The warmer months often bring an increasing use of bicycles. Although cycling is an important form of sustainable travel and can positively impact overall health, it also presents some unique dangers to road users. Cyclists, pedestrians, and motorcyclists are a vulnerable class of road users prone to serious injuries after an Indiana car accident.

A vulnerable road user refers to those who occupy space in an area dominated by larger vehicles, such as cars and trucks. As such, in an accident, these users are more likely to suffer fatal injuries because they are not enclosed inside a vehicle. For instance, a recent government agency reported a fatal accident between a biker and a sedan. The biker was peddling in a southbound lane around 10:00 p.m. when a sedan approached from the rear. The sedan and bicyclist attempted a lane change, and the front right of the sedan slammed into the biker, ejecting the biker into the opposite lane. The sedan driver then lost control of his vehicle and veered off the road and into a sign. The sedan driver then regained control but ultimately struck a tree. The bicyclist succumbed to his injuries at the hospital; the sedan driver did not suffer injuries in the incident.

The Insurance Institute for Highway Safety (IIHS) approximately 2 percent of motor vehicle fatalities involve bicyclists. A biker’s age, helmet use, speed of the car, and time of day are factors that influence the severity of an accident. While data indicates a decline in youth bicycle deaths, deaths among cyclists age 20 and older have tripled over 40 years. Moreover, the leading cause of bike-related deaths involves head injuries. Despite widespread knowledge regarding the importance of helmets, underutilization continues to be a problem.

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Traffic accidents are one of the leading causes of death in the United States, claiming thousands of lives every year. Rollover crashes are a significant contributor to these statistics as they often lead to serious injuries and fatalities. Various factors increase the likelihood of an Indiana rollover accident; although, most are avoidable. However, determining the cause of the accident is critical to recovering damages after an accident.

According to crash data, rollover accidents have a high likelihood of serious and fatal injuries compared to other types of crashes. Some factors that impact the likelihood and severity of an accident are :

  • Restraint Use
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