Indiana Injury Lawyer Blog

The Anderson Herald Bulletin reported that a Muncie man was killed while driving on Interstate 69 in Madison County, Indiana Friday morning January 30, 2009. According to the report, a semi truck hauling car batteries was travelling on I-69 from from Mattoon Illinois when it lost control and crossed into the median. The trailer then became detached from the truck and proceeded into the oncoming lane, striking and killing the oncoming motorist from Muncie. For more information on the accident, visit the Herald Bulliten online at http://www.theheraldbulletin.com/local/local_story_030174240.html

When Indiana car accident victims file claims for their injuries, most people assume that the lawsuit will be filed against the negligent driver's insurance company. This is not the case. Under Indiana law, when an injury victim files a lawsuit against a negligent driver, the suit will be filed against the negligent driver, not his insurance company.

Continue reading "Are Indiana car accident cases filed agianst the insurance company?" »

The Associated Press recently reported that a push for change in Georgia's seat belt law has intensified as state lawmakers consider the safety concerns under the current law and the potential increased highway funds if a new law was enacted. Georgia's current seat belt law does not require adults to wear their seat belts while opeating or riding in a pick-up truck. The article explains that pressure to make the law tougher has come under the lure of receiving $4 million in federal highway funds if the law was changed and avoiding "an estimated $62 million each year in accident-related expenses such as medical costs."

Under Indiana law, adults that are front-seat passengers and drivers in pick-up trucks and SUVs that are registered as trucks are not required to wear their seat belts. See Owen v. State, 796 N.E.2d 775 (Ind. Ct. App. 2003); IC 9-13-2-123; IC 9-13-2-188; 9-19-10-2.

Indiana car and motorcycle accident victims often want to know where their case will be filed if a settlement is not reached with the other driver's insurance company. Most motor vehicle accident cases are filed in state courts. The few cases filed in federal courts either involve a federal law which has been allegedly violated or the parties are from different states and the case value exceeds $75,000.

When cases are filed in state court, as the majority are, each state has different rules regarding what county the case can be filed in. In Indiana, the Indiana Trial Rules, adopted by the Indiana Supreme Court, sets forth what counties are the appropriate venue, or location, for cases to be filed. While the rules have several subparts and exceptions always exist, Indiana accident victims must generally file their cases in either the county where the accident occurred or the county where the defendant lives. The decision of which county to choose, if they are different, is left to the injury victim and his attorney filing the case.

The Lebanon Indiana Auxiliary Fire Department and other surrounding area departments, are having a fundraising breakfast on Saturday January 17 to help raise proceeds for Jamestown Indiana firefighter Fred Long. Firefighter Long is currently in adult critical care at Methodist Hospital in Indianapolis Indiana recovering from injures he received after being struck by a semi-tractor trailer while assisting on an accident scene on Interstate 74 in Boone County. Because Mr. Long has numerous injuries and will require ongoing medical care, the fundraiser is being help to provide assistance to Mr. Long and his family. The breakfast event is being held at Trinity Lutheran Church in Lebanon Indiana from 7-10 a.m. and the cost of the breakfast is $6.00 per person. Trinity Lutheran will also match any profits up to $1000.00. Donations can also be made at the State Bank of Lizton

The Indianapolis and Lebanon Indiana law firm of Parr Richey Obremskey & Morton has been renamed as of January 1, 2009. The firm's new name will be Parr Richey Obremskey Frandsen & Patterson. While the name has changed, the firm will still offer the same services and continue representing personal injury victims. Pete Obremskey, Paul Kruse and Tony Patterson are the firm's accident and injury lawyers and have combined experience of over 80 years helping accident victims and their families.