Car Accidents

October 28, 2019

Seatbelt Non-Use Cannot Be Used to Show an Accident Victim Was Contributorily Negligent in an Indiana Car Accident Case

by Parr Richey Frandsen Patterson Kruse LLP

Recently, an Indiana news report covered a fatal car accident that occurred on I-70. According to Indiana State Police, the accident victim was driving on the highway when he swerved into another car. The driver died on impact, and the other driver was taken to the hospital for life-threatening injuries. Investigations revealed that the accident victim was not wearing a seat belt at the time of the accident.

In Indiana, seat belt use is a mandatory requirement that can help to protect many accident victims from severe injuries or death. Seat belts help drivers and passengers by preventing them from flying through their vehicle’s windshield, smashing into the dashboard, or falling out of the car. Seat belts are proven to mitigate the injuries and damages that accident victims suffer during a car accident.

When an individual is involved in an accident with a negligent driver, the other driver may try and limit their liability by pointing to the victim’s failure to wear their seat belt. Insurance companies and defendants might claim that the plaintiff’s injuries and damages would not have been as severe had they were wearing a seat belt. Although this may be true, Indiana law does not allow defendants to use evidence of an accident victim’s seat belt non-use as a factor in a comparative negligence determination.

September 26, 2019

Drunk Driving Listed as the Suspected Cause of Fatal Indiana Car Accident

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, a 26-year-old man was killed in a tragic car accident in Indiana County. According to a local news report covering the accident, the crash occurred around 3:00 a.m. at the intersection of Ofman and Shellbark Road in West Wheatfield Township. The driver, who is presumed to have been driving too fast, failed to stop at an intersection and then drove into a wooded area. The car then hit several trees and rocks, and as a result, the car’s passenger was thrown through the windshield, and the car landed on him. Police believe that the driver was driving under the influence of alcohol, adding an extra layer of tragedy to the accident.

Many car accidents are unavoidable, but in some situations, the driver is actually able to avoid certain risk factors that contribute to the accident, including intoxicated driving. Unfortunately, however, intoxicated driving remains a leading cause of Indiana car accidents. Most often, these cases involve alcohol intoxication, although the law does not distinguish between alcohol intoxication and intoxication from other substances. No matter what form, intoxicated driving puts the driver, the passengers, and others on the road at risk.

Driving while intoxicated is against the law, and when a fatal accident occurs as a result of an intoxicated driver, criminal charges are always possible. These charges may come with fines or jail time for the driver, depending on the nature of the crash and the injuries. However, these criminal charges do little to help the accident victim’s family deal with the expenses they occurred, or the tragic loss they suffered as a result of the accident.

July 12, 2019

Indiana Court Discusses Admissibility of Expert Witness’s Disciplinary History in Recent Auto Accident Case

by Parr Richey Frandsen Patterson Kruse LLP

In June, a state appellate court issued a written opinion in an Indiana car accident case discussing whether an expert witness’s disciplinary history is admissible in a personal injury trial. Ultimately, the court concluded that such an account is admissible, but that in this case, specific evidentiary rules prevented the admission of the reasons for the disciplinary action.

According to the court’s opinion, the plaintiff was sitting in her vehicle at a stop sign when the defendant rear-ended her. The plaintiff went to the hospital, and was released that evening with a neck brace and a prescription for pain medication. Later, the plaintiff filed a personal injury lawsuit against the defendant.

In support of her case, the plaintiff planned on presenting evidence from a treating physician who was going to be a medical expert at trial. The defendant asked the expert whether he was ever subject to any disciplinary proceedings, to which the expert responded affirmatively. However, the expert would not get into any details. Before trial, the defendant asked the court to compel the expert to disclose the reasons for the disciplinary action taken against him. The court denied the defendant’s request, holding that the fact that the expert was subject to prior disciplinary proceedings was not relevant because, at the time of trial, the expert’s medical license was valid. The jury ultimately returned a verdict in favor of the plaintiff, and the defendant appealed.

June 3, 2019

Indiana Car Accidents Caused by Poorly Designed or Maintained Roads

by Parr Richey Frandsen Patterson Kruse LLP

Dangerous roads are one of the most often overlooked causes of Indiana car accidents. In part, road design and maintenance may be overlooked because it can be difficult to successfully pursue an Indiana personal injury claim based on the dangerous design or negligent maintenance of a road. However, the possibility of encountering an obstacle should not discourage an accident victim from discussing their case with an attorney.

There are numerous ways in which a road might be dangerous. The most common defects found on Indiana roads are surface defects and planning defects. Surface defects include cracking pavement, potholes, and eroded shoulders. These are often results of poorly maintained roads. Planning defects have to do with the layout of the road itself. Common examples of planning defects are blind corners, confusing intersections, and poorly lit roads. Under Indiana law, it is possible for an accident victim to recover based on either surface defects or planning defects. However, issues of governmental immunity may be a hurdle that accident victims must overcome. A recent case discusses governmental immunity in the context of a car accident that was allegedly caused by a defectively designed road.

According to the court’s opinion, the plaintiff was heading southbound on a motorcycle when a vehicle attempted to make a left turn in front of him. The plaintiff was unable to avoid the collision and crashed into the passenger-side door of the motorist’s vehicle. The plaintiff filed a personal injury lawsuit against the state government, arguing that the intersection was dangerous and that the government failed to warn motorists of the dangerous intersection.

May 20, 2019

How the Legal Standard Applied by the Court Can Make a Difference in Indiana Personal Injury Cases

by Parr Richey Frandsen Patterson Kruse LLP

When someone is injured due to the alleged negligence of another party, the injury victim can pursue a claim for compensation against the parties they believe to be at fault for their injuries. These cases all fall under the umbrella of Indiana personal injury cases. However, there are several different types of personal injury cases, and courts apply slightly different legal standards according to the type of claim that is brought. A recent state appellate decision illustrates the importance of the legal standard that is applied by the court.

The case arose when the plaintiff, who was a guest at the defendant’s property, was injured in a golf cart accident. The defendant was driving the cart at the time of the accident. The plaintiff sued the defendant, claiming that the defendant acted negligently by operating the golf cart in an unsafe manner. The plaintiff’s claim made no mention of a premises liability theory, and did not mention the defendant’s status as the owner of the property where the accident occurred.

The defendant claimed that he did not violate a duty of care that he owed to the plaintiff. The defendant characterized the plaintiff’s claim as one of premises liability, arguing that the plaintiff was a licensee on his property, and thus he only had a duty “to refrain from willfully, wantonly, knowingly, or intentionally injuring her.”

May 14, 2019

Indiana Car Accidents Involving Pedestrians

by Parr Richey Frandsen Patterson Kruse LLP

In March 2019, a state appellate court issued an opinion in a personal injury case discussing whether the defendant motorist was entitled to summary judgment based on the evidence presented. The case raises an interesting issue that frequently comes up in Indiana car accident cases in which each party offers a very different version of the events leading up to the accident.

According to the court’s written opinion, the plaintiff was jogging down a road when he was approached from behind by the defendant motorist. The defendant was traveling at approximately 35 miles per hour. As the defendant got close to the plaintiff, he crossed the double-yellow line to try and safely pass the plaintiff. However, as the defendant was re-entering his lane, he crashed into the plaintiff, causing the plaintiff to break his leg. When police officers arrived on the scene, the plaintiff told them that the defendant ran a red light before striking him. The defendant denied the allegation, claiming that he had a green light. The police officer initially cited the plaintiff for darting out into traffic, but that citation was later dismissed.

The plaintiff filed a personal injury lawsuit against the defendant. The defendant filed a motion for summary judgment in his favor, arguing that the plaintiff was the one who jumped out into traffic, striking his vehicle. The court denied the defendant’s motion for summary judgment, allowing the plaintiff’s case to proceed towards trial. The defendant appealed.

March 11, 2019

Federal Court Issues Opinion Limiting the Time Frame a Minor Has to Pursue an Indiana Personal Injury Claim against the Federal Government

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, the Ninth Circuit Federal Court of Appeals issued a written opinion in a Federal Tort Claims Act (FTCA) case that may impact Indiana personal injury and wrongful death cases involving minor victims. The case required the court to determine if a claim under the FTCA is automatically tolled while the plaintiff is a minor. Ultimately, the court noted that the FTCA contained no explicit provision calling for minority tolling, and thus held that FTCA claims were not subject to minority tolling.

Statutes of Limitations

Generally, all personal injury claims must be brought within a certain period as outlined in the relevant statute of limitations. However, there are some situations in which a statute of limitations is “tolled” or delayed. For example, in some cases, a statute of limitations will be tolled during the period in which the plaintiff is a minor. Another common example of when tolling may occur is when a plaintiff does not discover their injury until a later date

The Facts of the Case

According to the court’s opinion, the plaintiff was nine years old when his father was killed in a car accident. After the accident, the plaintiff’s mother filed an administrative claim with the Federal Highway Administration (FWA) seeking compensation on behalf of her son for the loss of his father. However, it was not until six years later that the plaintiff’s mother filed a lawsuit in federal district court on behalf of her son. Once the plaintiff turned 18, he was substituted for his mother as plaintiff.

February 25, 2019

Expert Witnesses in Indiana Car Accident Cases

by Parr Richey Frandsen Patterson Kruse LLP

One of the most common ways that an Indiana car accident victim can prove their case against a defendant is through witness testimony. Frequently, witness testimony in an Indiana car accident case comes in the form of eyewitness testimony, meaning from someone who actually observed the accident. However, some car accident cases present more complex issues that may require an expert witness.

In Indiana, a qualified expert witness is permitted to testify if she possesses “scientific, technical, or other specialized knowledge” that will help the jury understand the evidence or the issues involved in the case. Unlike other witnesses, expert witnesses are allowed to provide their opinion to the jury. Thus, expert witness testimony can be very powerful.

Expert witnesses are not necessary in every case. However, a recent state appellate decision illustrates that expert witnesses may be required in some situations.

February 4, 2019

Dealing with Insurance Companies after an Indiana Auto Accident

by Parr Richey Frandsen Patterson Kruse LLP

All Indiana motorists are required to maintain a certain amount of auto insurance to drive legally. Lawmakers’ idea behind creating such a requirement was to ensure that an at-fault motorist had sufficient assets to cover the costs incurred by the victims of their negligence. Thus, even if an at-fault motorist has no assets themselves, their insurance company will defend the case on their behalf and compensate the accident victim up to the policy limit.

In reality, however, dealing with an insurance company after an Indiana car accident can be a major headache. For one, insurance companies are for-profit companies that rely on taking in more money each month in premiums than they pay out in claims. Thus, it is in an insurance company’s interest to pay as little for each claim as possible. Thus, insurance companies routinely deny coverage in hopes that the accident victim is unfamiliar with the process and doesn’t ask any questions. However, insurance companies who deny coverage can be challenged through an Indiana personal injury lawsuit.

A recent case illustrates one plaintiff’s successful attempt to get an insurance company to cover his injuries.

January 29, 2019

Employer Liability in Indiana Auto Accidents

by Parr Richey Frandsen Patterson Kruse LLP

Figuring out who to name as a defendant in an Indiana car accident case is an important step in any personal injury case. For example, employers may be liable for employees’ actions even in cases where the employer was seemingly not involved in the accident, as a recent case illustrates.

In that case, the plaintiff was evidently a passenger in a truck that was in a single-vehicle accident. At the time, the driver was driving back home after attending a family gathering. The plaintiff filed suit against the driver (the plaintiff’s father), the driver’s corporation, and an affiliated corporation that owned the vehicle. The defendant corporations claimed that they could not be held liable because the driver was not acting within the scope of his employment at the time of the crash.

According to the court’s opinion, the defendant corporations required the driver to be on call at all times—24 hours a day, seven days a week. The driver was required to immediately respond to calls for repairs and maintenance at the defendants’ farms, ranches, and dairies. The defendants had equipment that was operated 24 hours a day, and repairs had to be addressed immediately to avoid disruption of the farm and dairy operations. It was not clear whether the driver was required to use the company vehicle (which contained tools and parts for repairs) at all times so that he could quickly carry out repairs. The driver’s supervisor told him that he was not limited to using the vehicle for business purposes.