Articles Posted in Car Accidents

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

Head-on or frontal crashes are one of the most harrowing types of Indiana motor vehicle accidents. Head-on collisions often leave drivers, passengers, and bystanders with serious life-threatening injuries. In addition to the physical injuries, head-on accidents can leave victims with psychological trauma and emotional distress. While physical injuries or psychological trauma alone can impact a person’s livelihood, the combination of the two may require years of healing. In addition, these accidents can leave a fatal victim’s family reeling for answers and justice. A part of this justice often entails the family receiving compensation for the unfathomable loss of their loved one.

The most common head-on collision injuries include:

  • Traumatic brain injuries;

Cars are designed to move, and while many car accidents occur close to home, they can happen anywhere at any time. When drivers or passengers suffer injuries while out of state, they may experience challenges and confusion regarding their rights and remedies. Generally, Indiana victims who suffer injuries in another state can file a lawsuit where the defendant resides or where the car accident occurred. For instance, an Indiana victim who suffers injuries in an Illinois accident may file a claim in Illinois or where the defendant lives. Typically, the victim can only sue in Indiana if the defendant lives in Indiana or if they consent to be sued in the state.

Things can become further complicated when the defendant is a business entity, such as a truck driver or another business employee. In these situations, the plaintiff can file a lawsuit where the accident happened or where the business “resides.” Determining where the business resides involves ascertaining the state where the business was incorporated or where they have their principal place of business. However, injury victims may also sue in any state where the defendant has sufficient “minimum contacts.” Essentially, the law permits defendants to be sued in any state where they do business.

After determining where the lawsuit can be filed, the next step involves establishing which state’s laws apply to the matter. In most cases, the court will apply the law of the state where the incident occurred. It is important to note that auto insurance covers drivers regardless of where they are.

Hit-and-run accidents refer to situations where a driver causes damage to another person or property and flees the scene without rendering aid or providing identifying information. Indiana hit-and-run accident perpetrators may face serious criminal charges and civil penalties. According to the most recent statistics by the Indiana University Public Policy Institute, nearly 29,000 of the 217,077 collisions in the state involved hit-and-run drivers. The majority of the accidents occurred in Allen County, Monroe County, St. Joseph County, Vigo County, and Lake County. However, these accidents occur throughout the state at an alarming rate.

For instance, local news sources reported that law enforcement has arrested a driver believed to be involved in a fatal hit-and-run. The arrest came after officers were called to the accident scene, where they discovered two 18-year-old males suffering from serious injuries. One of the victims was on a skateboard while the other was on a bicycle. The skateboarder was taken to a local hospital for treatment; however, the bicyclist died at the accident scene. Officers arrested the suspected driver two days after the accident. The driver was charged with leaving the scene of a serious bodily injury accident and leaving the scene of a fatal accident.

While some people flee the scene of the accident because they are unaware an accident took place, the overwhelming majority leave because they are engaged in some other illegal behavior. Many drivers flee because they have a warrant out for their arrest, are under the influence of drugs or alcohol, or were engaged in some other illicit behavior. While these reasons may explain why one fled the scene, it does not excuse it.

With warmer weather rolling in, it seems as good of a time as ever to pull that motorcycle out from storage to soak in the sunshine and longer daylight hours. With more people out on the roads these days as the world reopens; however, motorcyclists and drivers alike must exercise extra caution while driving. As more people return to traveling and commuting, motorcycles continue to be a popular and less expensive mode of transportation. Motorcyclists, however, are often exposed to additional risks and a heightened chance of a deadly or serious accident—and those who are at fault in these collisions must be held accountable.

In a recent local news report, a motorcycle accident in central Indiana left a man dead. According to the Indianapolis Metropolitan Police Department, the motorcyclist was traveling eastbound when he lost control of his bike. The motorcyclist was thrown from his bike across the median into oncoming traffic and was struck by a vehicle. The motorcycle also separately crashed into a second vehicle before coming to a stop. When officers arrived on the scene, the motorcyclist was suffering from significant physical injuries and was later pronounced dead on the scene. The accident remains under investigation by local authorities.

In Indiana, like other states, motorcyclists must adhere to the basic rules of the road. In addition, all motorcycle riders and passengers under the age of 18 must wear a motorcycle helmet. Motorcyclists are also barred by Indiana laws from lane splitting, which is when a rider operates their bike between two lanes of cars driving in the same direction. Passengers of motorcyclists can only ride with the motorcyclist when there is a seat attached and designed for passenger use—and can only do so on Class A motorcycles, but not on Class B motorcycles. Lastly, all motorcyclists are required to use a headlamp when operating their bikes, which must be illuminated at all times that the bike is in operation. Any violation of these laws could result in fines up to $500, and you could risk getting your license suspended for up to one year.

When you are involved in an accident where the at-fault party was a drunk driver or operating their vehicle under the influence, it may make sense to assume that if the at-fault party is charged with criminal liabilities from the accident, that you should be compensated as well. This, however, is not the case, and it is crucial that potential plaintiffs know the difference between civil and criminal liability.

According to a local news report, three Indiana residents were recently killed in a wrong-way crash. A man was stopped in a Hyundai SUV on the shoulder of the road facing the wrong direction when an Indiana state trooper stopped at his vehicle to assist. When the trooper parked in front of the SUV and got out of his squad car to approach the Hyundai, the Hyundai began to drive forward. The trooper pounded on the driver of the Hyundai’s windshield, yelling for him to stop, but the driver swung around the police vehicle and drove about a half-mile in the wrong direction before crashing into another vehicle head-on. That vehicle was carrying two occupants. All three victims in both vehicles were pronounced dead at the scene. The crash is still under investigation, but local authorities suspect alcohol or drugs could have been a factor in the accident.

In Indiana, “operating while intoxicated” (OWI) is used instead of “driving under the influence.” When operating a vehicle under the influence, the state considers an OWI offense to be criminal. In Indiana, like other states, criminal investigations into whether alcohol or drugs were involved in a case have no bearing on a personal injury or civil lawsuit pertaining to damages. Thus, even if the at-fault party in an accident is facing criminal charges, potential plaintiffs must advance their own case separately if they wish to recover damages from the accident.

Indiana hit and run accidents have been on the rise in the last decade. These accidents take place for many reasons, but drivers who flee the scene after an accident most commonly do so because they panic, do not have car insurance, or are driving under the influence of drugs or alcohol. Regardless of why a motorist leaves the scene of an accident, hit and run accidents are tragic, and often have deadly consequences.

For example, in a recent local news report, Indiana police are searching for a driver who fled the scene after they hit a woman and killed her. According to surrounding surveillance cameras, the woman was walking to her mother’s home at the time of the crash when the car hit her and drove away afterward, leaving her unresponsive and lying in the street with significant injuries. Local authorities reported that the woman was found dead at the scene. Local law enforcement is still investigating the details surrounding the accident.

Under Indiana laws, hit and runs are crashes that result in injury or death where the at-fault party flees the scene. When an accident occurs, drivers are expected to remain at the scene or return immediately to provide auto insurance and driver’s license information. In Indiana, when a driver flees the scene after causing a collision, they could be charged with a Class B misdemeanor for abandoning the scene of an accident. With a Class B misdemeanor, at-fault parties could be punished with up to 180 days in jail and a penalty of up to $1000.

In Indiana, the law provides that a person who fails to exhibit reasonable care for others’ safety should be held liable for the victim’s losses. Therefore, when someone suffers injuries in an Indiana car accident, the victim may recover damages from the negligent party. However, challenges recovering damages may occur if one of the parties dies before the claim is resolved. Although these situations may involve additional hurdles, plaintiffs may still pursue claims under Indiana’s survival action laws even if the defendant dies. Moreover, if a defendant dies, plaintiffs or their representatives may recoup damages from the defendant’s estate.

Although there may be some overlap, survival actions differ from wrongful death claims. Survival actions are relevant in situations when the plaintiff dies for a reason other than the other party’s negligence. For instance, if a victim suffers a traumatic brain injury after an Indiana trucking accident, they may claim damages against the truck driver and their employer. If the victim then passes away from an unrelated cause, like a heart attack, their claim survives after their passing.

On the other hand, a wrongful death claim is relevant when the negligent party’s actions or omissions caused the victim’s death. For example, a wrongful death claim may be applicable if a victim dies in a car accident that occurred because of the defendant’s negligence. In these situations, a personal representative of the deceased person’s estate may file the claim. However, the deceased’s spouse, child, or other dependents would be the beneficiary of any damage awards. Moreover, recently the Indiana Supreme Court held that a wrongful death claim does not end if the heir-less sole beneficiary dies.

We’ve all felt it—the anxiety of trying to pull out of a parking lot into a busy road. On days where the parking lot and the roadway are busy, the anxiety is even greater because others are waiting on you to find an opening so that they can also get on their way. In these instances, however, the utmost caution is required to avoid an Indiana car accident. Taking unnecessary risks in a busy roadway could lead to fatal consequences, both to the driver and those with whom they share the road.

According to a local news report, two fatalities were reported following an accident outside a gas station. Evidently, a Jeep was exiting a gas station parking lot when it collided with a motorcycle. The motorcycle was driven by a man, and there was a female passenger on the back. Local authorities later reported that both individuals died from their injuries after the crash. Law enforcement and police accident reconstruction are still investigating the cause of the accident and establishing a timeline of events.

Even before pulling out onto a busy road to exit a parking lot, the parking lot itself can be challenging for drivers. When navigating parking lots, drivers are truly tested on both their driving skills and their patience. Sometimes, however, even the most experienced and skillful drivers find themselves in a tough spot because others are distracted and driving carelessly. If an accident occurs in a parking lot, determining who is at fault may be a complicated question. The most common accidents involve (1) a driver backing out of a parking space and colliding with a car proceeding down the road or (2) a driver pulling forward out of a parking space into a car moving down the road.

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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