Articles Posted in Auto Accident

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.

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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.

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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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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.

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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.

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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

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.

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

Car accidents can be a harrowing experience, and the physical and financial impact can be just as devastating, regardless of whether there were multiple factors at play or if it was a single-vehicle accident. Indiana follows the “at-fault” theory of liability and insurance recovery. In at-fault states, such as Indiana, drivers who caused the accident are liable for the ensuing damages. In these cases, the at-fault driver’s insurance should compensate all parties involved in the accident. However, it is essential to note that its comparative negligence laws may impact this general rule. Under comparative fault, plaintiffs can recover from the at-fault party; however, the victim’s recovery will be reduced by their share of liability. Most importantly, the plaintiff will not be able to recover if their fault exceeds 50%.

While insurance companies use their own methods for determining liability and apportioning damages, they often cite the state’s comparative negligence laws when making compensation determinations. This is especially relevant after a single-vehicle accident, as insurance companies will go to great lengths to avoid paying out hefty claims. However, a single-vehicle accident does not automatically impute liability on the driver. There are many causes for a single-vehicle accident that do not involve the driver’s negligence.

Some common causes of single-vehicle accidents in Indiana are:

The state Supreme Court recently addressed a critical question regarding the scope of the Indiana Medical Malpractice Act (IMMA). The underlying lawsuit arose when a woman ran a red light and crashed into another vehicle. The woman was traveling with her granddaughter, who testified that she saw her grandmother swallow two pills before saying, “I can’t stop,” while approaching the intersection. The husband and father of the decedents filed a lawsuit against the Physician who prescribed the woman opiates and against the Indiana Department of Insurance under the IMMA.

The plaintiff argued that the physician breached the standard of care by failing to :

  • To warn the driver of operating a vehicle under the influence of the medications he prescribed her,
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