by

Drivers who operate their vehicles while intoxicated are a danger to everyone else on the road. Accidents that result from driving under the influence (DUI) often leave accident victims with serious injuries and medical expenses. Fortunately, DUI accident victims can sue the responsible driver in a negligence lawsuit to recover compensation for their harm. In addition to criminal penalties, an intoxicated driver may therefore be liable to an accident victim for civil damages.

For example, a recent news article reported on a possible DUI accident in Indianapolis, Indiana. Police arrived at the crash scene and learned a driver had left an exit and attempted to enter a southbound lane. When leaving the exit, the driver crashed into two other vehicles. Multiple people suffered serious injuries. Police officers suspected drugs and alcohol to be factors in the crash.

What Are the Burdens of Proof for Civil and Criminal DUI Cases?

The burden of proof for a criminal prosecution is much higher than a civil negligence lawsuit. To convict the defendant of a crime, all twelve jury members must find the defendant guilty beyond a reasonable doubt. Any shred of doubt about the defendant’s guilt requires the jury to find the defendant not guilty. If even one juror is not absolutely sure that the defendant is guilty, the jury cannot convict the defendant of a crime. If the jury cannot agree, the prosecution may re-try the case against the defendant. The burden of proof is high because the defendant may serve time in prison if they are convicted. By contrast, the burden of proof to impose civil damages is a “preponderance of the evidence” standard. To hold the defendant liable for negligence in a civil lawsuit, the judge or jury must find it is more likely than not that the defendant’s negligence caused the plaintiff’s harm. Under this lower burden of proof, the defendant is liable even if it is only 51% likely that their negligent behavior resulted in harm.

Continue reading

by

Truck accidents may occur for any number of reasons. From a driver’s negligence to a defective part, even a single truck accident might have more than one cause. No matter the cause, truck accident victims likely have significant medical expenses or missed paychecks as they recover from their injuries. Understanding the causes of a truck accident is an important step toward receiving a damages award that compensates for your harm.

For example, a recent news article reported a Greenfield, Indiana crash involving four semi-trucks. The trucks were driving in the westbound lanes on the highway as one semi-truck attempted to pass another. The driver, who believed the other truck would crash into him, swerved into a concrete barrier. He then hit the other semi-truck he was passing. In the eastbound lane, a semi-truck struck the same concrete wall. In total, four semi-trucks were involved in the crash, and one caught on fire. One driver suffered minor injuries.

What Are the Causes of Truck Accidents?

Even a single truck accident can have multiple causes. The clearest cause is the truck driver’s negligence. Driving while drowsy or under the influence of drugs or alcohol can impact drivers’ ability to control their trucks. In addition, distracted driving is common cause of auto accidents. Drivers who attempt to “multitask” on the road cannot react quickly to changes in the flow of traffic. For example, if a car slows down in response to traffic, a distracted driver may rear-end the car if they are not paying attention. Distracted truck drivers can cause especially serious harm due to the heavy weight of a typical truck. On the other hand, a truck accident may result from another driver’s negligence. For instance, a truck driver might swerve to avoid a car that attempts to change lanes without checking their mirrors. Occasionally, truck accidents do not result from a driver’s negligence. A faulty part or a poorly designed piece of equipment could lead to an accident even if all drivers exercised reasonable care.

Continue reading

by

When passengers suffer injuries in an auto accident, they often have to deal with medical bills, emotional distress, and even lost wages. For many passengers, these injuries feel especially unfair because they had no control over the vehicles that collided. To recover compensation for their injuries, passengers can bring a negligence lawsuit against the responsible driver.

For example, a recent Greenfield, Indiana accident led to a passenger fatality. As a local news article reported, two drivers were traveling northbound in adjacent lanes. Both drivers were speeding and refused to let the other pass them. As vehicle in the right lane began to cross into the other driver’s lane, he lost control of his vehicle. As a result, the two cars collided in the middle of the lanes. One vehicle rolled, which caused a passenger to be ejected from the rolling vehicle. Sadly, the passenger died from her injuries. According to investigators, the drivers were traveling over 90 miles per hour, and the driver who crossed into the left lane had marijuana in his system.

Can At-Fault Plaintiffs Recover for an Indiana Passenger Accident?

When a passenger or their loved ones bring a negligence lawsuit, the defendant may claim that the passenger was partially at fault for the accident. Under Indiana’s modified comparative negligence rule, plaintiffs cannot recover any damages if they were more than 50% at fault for the accident that led to their injuries. Plaintiffs who are 50% or less at fault, they can still recover damages. However, their damages award will be reduced by their degree of fault. For example, a plaintiff who receives a $100,000 damages award but is 10% at fault would ultimately recover $90,000 in damages. To escape liability, defendants will attempt to present evidence that a passenger was at fault for the accident.

Continue reading

by

Truck accidents can have a number of causes. A person may suffer injuries due to a truck driver who acted negligently, an employer who enabled the negligent driver, or even a company that manufactured a defective part of the truck. Due to the multiple possible causes of a truck accident, an injured victim may be unsure how to recover damages for their harm. If you have been hurt in an Indiana truck accident, you can consult a personal injury attorney to investigate potential claims against multiple possible defendants.

According to a recent news article, an Indiana truck accident involving four tractor-trailers led to a significant oil and diesel spill on the highway. The accident took place near Indianapolis as a semi-truck pulling double-trailers was traveling westbound. The driver, believing another semi-truck would run into his vehicle, attempted to pass the semi-truck. Instead, the driver struck the concrete barrier between lanes, swerved back, and hit a third truck. In the eastbound lane, a fourth semi-truck hit the same barrier. As a result, one of the trucks rolled to its side and caught fire, spilling a large amount of diesel and oil on the highway. Local officials closed both the eastbound and westbound lanes of the highway for several hours to clean up the spill.

Who is Responsible for a Truck Accident?

In an Indiana truck accident, responsibility may lie with multiple parties. When you seek to file a personal injury lawsuit after a truck accident, there may be a few potential defendants you can investigate. First, the clearest responsible party is the truck driver. The driver may have failed to exercise due care in operating the truck, leading to a serious accident. Moreover, the driver’s employer may have enabled them to act recklessly. Under the respondeat superior theory, a company can be liable for its drivers’ negligence when the driver is operating the employer’s truck on a scheduled delivery route at a scheduled time in some manner as to further the employer’s business. For example, if the truck accident occurred while the driver was completing a delivery for his or her employer, anyone injured in the accident may be able to sue the employer for damages.

Continue reading

by

Fatal car accidents can take a devastating toll on a victim’s family. When a person dies in a car accident, their surviving loved ones may bring a wrongful death lawsuit against the responsible driver. However, the defendant will likely argue that the victim contributed to their harm, which may preclude a damages award. An experienced Indiana personal injury attorney can help you make the strongest argument that the victim was not at fault.

For example, a news article reported that one woman died and two people suffered injuries in an Indiana car accident. The Bloomington, Indiana accident occurred in the early morning as a car traveled in the eastbound lane. The vehicle then veered off the side of the road and struck a utility pole. According to local police, the impact of the crash caused the vehicle to spin into the westbound lane, leading to substantial damage. Sadly, the driver died at the scene. Two passengers were transported to the hospital for their injuries.

What Damages Are Available After a Fatal Indiana Car Accident?

After a fatal Indiana car accident, the deceased victim’s loved ones may seek damages against the responsible driver in a wrongful death action. These damages may be economic or non-economic. Economic damages are quantifiable awards that compensate for monetary losses resulting from an accident. These can include medical and hospital bills, funeral and burial expenses, and property damage. If the deceased was a primary earner, their family can seek lost future earnings to compensate for the loss of the deceased’s income. By contrast, non-economic damages aim to compensate for losses that are harder to quantify. In a wrongful death action, non-economic damages may include pain and suffering, emotional distress, or mental anguish. Additionally, the deceased’s surviving spouse may be able to recover damages for loss of consortium. Traditionally, loss of consortium compensated for losses such as a spouse’s domestic services. Today, the term often refers to the intangible loss of the spouse’s companionship and affection.

Continue reading

by

After suffering from an Indiana workplace accident, you may be unsure of your next steps. You could pursue a workers’ compensation claim, but that might not fully compensate for your injuries. In particular, workers’ compensation may not provide relief for the emotional harm you have suffered as a result of the accident. At the same time, there are limits to bringing a negligence lawsuit after a workplace accident. Most notably, you may not be able to directly sue your employer. However, there are a few other ways you can still recover damages after an Indiana workplace accident.

As a recent article sadly reported, a construction worker was killed in a workplace accident in downtown Indianapolis, Indiana. At the time of the accident, the victim was working to remove a stretch of transit tracks for a demolition and land repurposing company. Then, a section of the track suddenly fell, which killed the construction worker. The cause of the track collapse remains under investigation.

Can You Sue Your Employer for A Workplace Accident?

If you suffered injuries while performing a job for your employer, your first course of action will likely be pursuing workers’ compensation rather than suing the employer. Indiana law requires most employers to provide workers’ compensation. Often, an employee cannot sue their employer for on-the-job injuries if they receive workers’ compensation. On the other hand, if fault for the workplace accident lies with a third party rather than the employer, an employee may be able to sue the third party for their injuries. Examples of a liable third party include manufacturers of construction equipment that injured the employee or an individual with no tie to the employer who acted negligently.

Continue reading

by

Fatal accidents can have a number of causes, but the effects are always devastating. When a negligent driver causes a fatal accident, the driver injures not only the deceased victims but also their loved ones. If your loved one has died in an Indiana car accident, you may be overwhelmed with medical and burial expenses along with extreme emotional distress. Speaking with an Indiana personal injury attorney can help you understand your options to help you recover damages resulting from the accident.

Recently, the Associated Press reported that three people sadly died in a fatal Indianapolis, Indiana car accident. The accident occurred as state troopers attempted to pull over a vehicle on suspicion of reckless driving. However, instead of pulling over, the driver fled from the officers and traveled through several city streets as the officers pursued the driver. Roughly five minutes after the officers ended their pursuit, the car sped through a red light and collided with another vehicle. The driver of the second vehicle died at a hospital. Two passengers in the speeding car also died from their injuries. Police arrested the driver, who suffered only minor injuries, on a preliminary charge of resisting law enforcement causing death.

Can You Bring a Lawsuit After an Indiana Fatal Accident?

If your loved one has died in a fatal Indiana accident, you may be able to bring a wrongful death action against the responsible driver. Indiana law provides that a victim’s family can sue the driver for negligence so long as the deceased could have sued them if they had survived the accident. Accordingly, the plaintiffs in an Indiana wrongful death lawsuit must show that the defendant owed the deceased a duty of care, violated that duty due to their reckless behavior, that their recklessness caused the fatal accident, and that the victim died as a consequence.

Continue reading

by

Many people take advantage of the long Labor Day weekend to go on vacation or visit family. When travelers drive home on Labor Day, they will often encounter heavy traffic. When drivers are stuck in traffic, they may drive erratically out of frustration, such as rapidly changing lanes. Those who are leaving a Labor Day party may even operate their vehicle while intoxicated. Not surprisingly, the risk of a Labor Day crash is high. In fact, National Safety Council estimated that 455 people may have died in a car accident this past Labor Day.

For example, a Labor Day crash in Indianapolis, Indiana left one person dead and two others injured. According to a news article covering the accident, police responded to the two-vehicle crash on northbound I-69. At the scene, police and firefighters found a vehicle with front-end damage and another with rear-end damage in the middle of the roadway. Sadly, one passenger died at the scene. The two drivers were transported to the hospital for their injuries. One of the drivers tested positive for illegal substances and a high blood alcohol content. Police are still investigating the cause of the crash, but they arrested the intoxicated driver.

How Can You Stay Safe in Holiday Traffic?

Continue reading

by

Driving under the influence (DUI) places everyone on the road at risk of a serious accident. When a DUI accident does occur, a victim will needlessly suffer if the driver flees the scene. Leaving the scene of an accident without seeking medical attention for an injured victim only worsens the victim’s physical and emotional harm. These injuries are especially tragic because they are preventable. If drivers chose not to drive while intoxicated or flee the scene of an accident, the victim never would have suffered injuries. A recent news article illustrates the deadly consequences of Indiana DUI hit-and-run accidents.

As the article reported, police in Indianapolis, Indiana law enforcement arrested a woman for causing a fatal hit-and-run accident by driving under the influence. According to police, the victim was riding northbound on his motorcycle when the woman struck him with her pickup truck. The woman then allegedly sped away instead of calling for help or reporting the accident. Tragically, the motorcyclist died as a result of the crash. Police located the hit-and-run driver shortly after the crash and claimed she was driving while under the influence. They subsequently arrested her for leaving the scene of a crash resulting in death and operating a vehicle while intoxicated.

What Are the Legal Penalties for Indiana DUI Hit-And-Run Accidents?

Under Indiana law, drivers who leave the scene of an accident have committed a crime. If a collision causes serious bodily harm, a driver who flees the scene could face high-level felony charges. Even minimal property damage can result in a misdemeanor offense, which carries a penalty of up to one year in jail and $5,000 in fines. The state will also suspend hit-and-runs drivers’ licenses. Indiana also imposes stiff penalties against intoxicated drivers. Indiana’s operating while intoxicated (OWI) laws who commit a first-time offense are guilty of a misdemeanor, which carries up to 60 days in prison or $50. The penalties area higher if the driver’s blood alcohol content (BAC) was 1.5% or more. However, drivers who commit a second OWI offense within seven years are guilty of a felony, which carries even higher penalties.

Victims of a hit-and-run accident involving an intoxicated driver can also sue the driver for negligence. A criminal conviction against the driver does not prevent a victim from seeking monetary damages in civil court. If the criminal justice system does not provide adequate redress for your harm, you can work with an experienced Indiana personal injury attorney to file a negligence claim.

Continue reading

by

During the summer months, many drivers bring their bicycles with them on vacation. However, if drivers fail to properly secure their bikes, they place other motorists at risk of serious injury. If a bicycle detaches from a vehicle, other drivers or motorcyclists could crash into the bicycle at high speeds. A recent Indiana accident illustrates the complex web of injuries that can result from failing to properly secure a bicycle.

According to a recent news report, a fallen bike led to multiple vehicle crashes in Bartholomew County, Indiana. The accident occurred on I-65 when two vehicles struck a bicycle that fell from another vehicle driving south. A pack of motorcyclists then approached the bike, one person crashing into it. The driver of one of the two vehicles left his car to assist the motorcyclist. Sadly, another motorcyclist in the group struck the driver as he attempted to provide aid. The driver suffered serious injuries and was transported to the hospital by helicopter.

How Does Indiana Allocate Fault Among Multiple Parties?

Multi-vehicle accidents may involve more than one defendant, or the plaintiff may share some degree of fault. States follow three main approaches to allocate fault among multiple defendants. Indiana follows a system of pure several liability. Under this theory, a defendant can only be liable for damages proportionate to their degree of fault for the accident. For example, if the jury determines one defendant is 20% at fault, the defendant will not owe the plaintiff more than 20% of the total damages award. Pure several liability differs from joint-and-several liability, which places full responsibility on each defendant no matter their degree of fault.

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