August 16, 2010

Two Dead in LaGrange County (Indiana) Collision

WSBT.com has reported two women have died following a two-car motor vehicle collision occurring this past Friday in rural LaGrange County, Indiana. The car drvien by Shanie Swihart (38) was struck by sixteen-year-old Taylor Miller's car as Miller was attempting to pass a motorcycle at a hillcrest. Kristin Lipscomb (20), a passenger in the car being driven by Swihart, died instantly. Swihart and her two children, who were also passengers in the car, were airlifted to the hospital. The children were treated and released for their injuries. Swihart later passed at the hospital.

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June 7, 2010

Deadly Accident in Downtown Indianapolis Involving Bridal Party Shuttle Bus

blog%20photo%202.jpgIndystar.com is continuing to report on the fatal collision involving a shuttle bus and a Chevrolet Yukon occurring this past weekend in Downtown Indianapolis. The shuttle bus from Mavris Arts and Event Center carrying a bridal party, including Tom Hanley (groom) and Lauren Magee (bride), was struck by a Chevrolet Yukon at the intersection of South Street and Delaware Street. Groomsman, James Douglass, was killed in the collision. Several members of the bridal party traveling in the bus were transported to the hospital for their injuries.

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June 3, 2010

Indiana Discovery Rule Not Intended to Toll SOL Until Optimal Litigation Conditions are Established

In Rieth-Riley v. Gibson et al., 923 N.E.2d 472 (Ind. Ct. App. 2010), the Indiana Court of Appeals held the trial court erred when it applied the discovery rule to toll the statute of limitations for the injury victim to file his amended complaint. The injury victim was involved in a motor vehicle accident and brought suit against the other driver. Through discovery and after the two-year statute of limitations had run, plaintiff found out the driver was working at the time of accident. He then amended his complaint to add the employer arguing the discovery rule tolled the statute of limitations.

Continue reading "Indiana Discovery Rule Not Intended to Toll SOL Until Optimal Litigation Conditions are Established" »

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May 10, 2010

21-Year-Old Lebanon, Indiana Woman Killed in Motor Vehicle Accident; Others Injured after Car Crashes into House

IndyStar.com reported that 21-year-old Nikki Labolle (Lebanon, Boone County, Indiana) was killed in a motor vehicle crash occurring in the early morning hours on Saturday. The crash happened at the intersection of Indiana 32 and County Road 900 East. IndyStar.com reports that the driver of the car, Joshua McCraw, failed to stop at a stop sign causing his motor vehicle to impact the bedroom of a nearby house, injuring its residents Bill and Joanne Shoemaker.

For more information and updates on this story visit IndyStar.com.

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May 4, 2010

My license was suspended at the time of my accident. Can I still bring a claim for my injuries?

If an accident victim was operating a motor vehicle without a valid driver’s license at the time of their motor vehicle accident, they will likely receive a ticket and can be arrested in some circumstances. However, this does not mean they are not entitled to pursue a claim for their injuries.

Under most circumstances, if an injury victim is involved in an accident and suffers injury as a result of someone else’s negligence or fault, they are likely entitled to bring a claim for those injuries, even if they did not have a valid driver’s license at the time of the accident.

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May 2, 2010

Do I need to call the police if I have a car accident?

If someone in Indiana is involved in a car accident, they should call the police as soon as possible so the police can gather information about the parties and how the car accident occurred. In Indiana, accident victims are required to call the police in the event of a car accident. If the police are unable to come to the scene, law enforcement officials should give the accident victims instructions on how to proceed.

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May 1, 2010

How much auto insurance coverage should Indiana drivers carry?

Under Indiana law, every vehicle must carry a minimum of $25,000 liability insurance coverage per person and $50,000 per accident. In addition, auto insurers are required to offer uninsured and underinsured motorists coverage in an amount equal to the liability coverage. It should be noted that these are only the minimum limits that Indiana drivers are required to carry. In many circumstances, these limits do not provide sufficient coverage to compensate accident victims for their damages. Therefore, we recommend Indiana drivers obtain as much liability and uninsured motorist coverage as possible. Indiana motorists should talk to their insurance agent to determine the cost and advantages of higher limits of insurance coverage.

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March 18, 2010

Indiana Supreme Court Clarifies Rule Relating to Defense Expert's Testimony Concluding as to the Necessity of Plaintiff's Medical Treatment

In Sibbing v. Cave, the Indiana Supreme Court ("ISC") recently affirmed the trial court's decision to strike portions of the defense expert's videotape deposition testimony which challenged the medical necessity of some of the plaintiff's medical treatment she received as a result of a motor vehicle accident. Sibbing v. Cave, No. 49S02-0906-CV-00275, 2010 Ind. LEXIS 123 (March 4, 2010).

The defense expert testified that the nerve conduction studies and "passive care" treatment provided to the plaintiff four or more weeks after the accident was unnecessary. Defendant unsuccessfully argued a party can only recover damages for medical expenses that he/she proves are both reasonable and necessary. In reaching its holding, the ISC stated that defendant did "not assert that such treatment lacks causation in fact, that is, that plaintiff failed to establish that, but for the collision, the challenged treatment would not have occurred." Instead, the defendant attempted to use their expert's testimony to dispute "the medical judgment of the plaintiff's medical providers in choosing to administer the questioned studies and treatment," which "[defendant] may not do."

Continue reading "Indiana Supreme Court Clarifies Rule Relating to Defense Expert's Testimony Concluding as to the Necessity of Plaintiff's Medical Treatment" »

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January 27, 2010

Federal Ban on Bus Drivers & Truckers Text-Messaging While Driving

On Wednesday, U.S. Transportation Secretary Ray LaHood announced a federal ban on drivers of commercial vehicles, including buses and semi-trailer trucks, from text-messaging while driving. Click here to read an article on the ban posted at www.washingtonpost.com.

This ban comes in the wake of a recent study by the Virginia Tech Transportation Institute, which found texting truckers to be 23 times more likely to be involved in a crash or near crash. Distracted driving has become a concern of Congress, and many view this ban as a first step in passing more laws and bans to eliminate or reduce cellphone use among drivers.

Continue reading "Federal Ban on Bus Drivers & Truckers Text-Messaging While Driving " »

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January 26, 2010

Estate's Attorney's Fees in Wrongful Death Cases

In Hillenbrand v. Supervised Estate of Charlotte Fern Large, 914 N.E.2d 846 (Ind. Ct. App. 2009), Charlotte Fern Large was killed in a motor vehicle accident and a wrongful death action was pursued by the personal representative of Large’s Estate. The attorney for the Estate (“Attorney”) negotiated a settlement awarding Hillenbrand, as Large’s sole surviving child and beneficiary to the wrongful death claim, $47,983.28, with an additional $12,016.72 to be paid to Large’s Estate.

The Attorney then filed a Request for Attorney Fees and Personal Representative Fees with the probate court handling Large’s Estate requesting her attorney’s fees to be paid out of the entire settlement amount that was recovered (amount paid to Hillenbrand plus amount paid to Large’s Estate). Hillenbrand objected and a hearing was held. The probate court held $6,545.50 in attorney’s fees was to be deducted from the wrongful death claim settlement. Hillenbrand appealed the decision, arguing that all settlement amounts remaining after the payment of reasonable medical, hospital, funeral, and burial expenses shall go to the exclusive benefit of Hillenbrand as the nondependent child of Large. The Estate argued that since it is the personal representative of the Estate that is entitled to pursue the wrongful death claim, the Attorney must be paid from the settlement amount from the wrongful death claim. Consequently the singular issue on appeal was “whether the Estate [could] charge the attorney fees incurred in the pursuit of the wrongful death claim against the settlement funds instead of being paid from the probate estate.”

Continue reading "Estate's Attorney's Fees in Wrongful Death Cases " »

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December 8, 2009

Oklahoma Woman Seeking Redress from Cellphone Company - Courts Look at Liability of Cellphone Companies When Users Cause Accidents While Talking on Cellphones

The New York Times recently wrote an article about an Oklahoma woman who has filed a lawsuit against a major cellphone company. The woman's mother was killed in a motor vehicle accident last year when a pickup truck crashed into the mother's car. At the time of the collision, the driver of the pickup truck was using his cellphone and later explained to the police he had become distracted by talking on the cellphone, which caused him to run a red light causing the collision.

Based on the article, it appears the cellphone company involved is Sprint Nextel. The daughter is arguing in her claim that Sprint Nextel should have foreseen the danger causing her mother's death and provided adequate warnings to prevent the harm. The article reports this to be one of only a handful of such cases ever filed.

Indiana courts have ruled on a similar case. In Williams v. Cingular Wireless, a driver was injured in a two-car motor vehicle accident. 809 N.E.2d 473 (Ind. Ct. App. 2004), transfer denied. At the time of the collision, the other driver involved was talking on her cellphone serviced by Cingular Wireless.

Continue reading "Oklahoma Woman Seeking Redress from Cellphone Company - Courts Look at Liability of Cellphone Companies When Users Cause Accidents While Talking on Cellphones " »

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November 29, 2009

Jury Trial Results in $75,000 Verdict for Truck Driver Against Allstate Insured

Parr Richey partner Paul Kruse obtained a jury verdict for his client for $75,000 in a trial held this month in Marion County, Indiana. Our client was a 54 year old dump truck driver whose vehicle was overturned when he was cut off by a driver insured by Allstate Insurance. Our client suffered neck and shoulder injuries, and had permanent pain and lost range of motion after therapy and exercise failed to resolve the injuries.

Allstate Insurance only offered $10,000 before trial to settle the matter, despite healthcare expenses and lost wages in excess of $14,000. Allstate admitted fault one week before trial and elected not to have the defendant driver appear at trial.

Of note in the trial was that plaintiff's healthcare was provided by a physician assistant (PA). Physician assistants are often utilized in busy medical practices and are allowed to examine, treat and prescribe healthcare, including prescription medication, under the supervision of a medical doctor. PAs have postgraduate schooling in medicine, although they do not participate in clinical training and do not receive a doctorate degree. We used the PA to testify in court regarding our client's condition and prognosis for the future and chose not to have a medical doctor testify. After the trial, jurors said they had no concern about the credibility of the PA, and several acknowledged that they had seen PAs for their own healthcare.

Jury trials for damages for personal injuries are difficult, especially in a political climate in which insurance companies try to poison public perception about lawsuits and claims. But we are lucky to have a constituion that provides for a trial by our peers in resolving civil disputes.

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October 7, 2009

TWO PIERCETON TEENS CRITICALLY INJURED IN THREE CAR ACCIDENT IN KOSCIUSKO COUNTY

WSBT.com is reporting four Pierceton, Indiana teenagers were injured in a three car accident occurring in Kosciusko County Tuesday morning. Early reports indicate a van driven by a 17-year-old turned off of a county road onto Indiana 14 in front of two vehicles causing the accident. The collision caused at least two of the vehicles, including the van, to flip and eject some of its occupants.

The driver of the van, 17-year-old Jarrod Lewis was airlifted from the scene of the accident. Two passengers riding in the van he was driving, 16-year-old Charles Shepherd and 15-year-old Austin Striggle, were in critical and serious condition following the accident.

Click here to read more on the accident reported by WSBT.com.

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October 5, 2009

HARVEST SEASON PRESENTS ADDITIONAL CHALLENGES FOR RURAL INDIANA ROADWAY USERS

Those of us who have lived in Indiana, or other locations throughout the Midwest, for any number of years are aware that the fall months of September, October and November constitute peak harvest season for grain farmers across Indiana. In order to access their fields, farmers often times must make use of Indiana roadways with their agricultural machinery. Agricultural machinery such as combines and tillage equipment are several times larger than normal cars, SUVs and pickup trucks. Consequently, they take up a greater portion of rural Indiana roadways, which can be more narrow compared to other roadways to begin with.

This lack of space can create challenges for all drivers, but with caution and awareness Indiana motor vehicle operators can safely share the roadway with our state's grain farmers. The Chicago Tribune recently reported that the Indiana State Police are urging drivers to stay alert for slow moving machinery and should be prepared to make immediate stops when quickly coming upon agricultural machinery in the roadway. The article also advises drivers to stay patient and to make certain the agricultural machinery you are attempting to pass is not making, or about to make, a left hand turn.

Click here to read the Chicago Tribune article "Indiana Motorists Urged to Watch for Farm Machinery."

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September 10, 2009

19-YEAR-OLD INDIANA UNIVERSITY STUDENT STRUCK AND KILLED BY CAR ON CAMPUS

The ChicagoTribune.com is reporting that a 19-year-old Indiana University student was struck and killed by a car Wednesday afternoon while in the process of crossing a busy campus street on foot in Bloomington. Peter Duong of Terre Haute, Indiana was the IU-Bloomington student fatally injured.

Early reports indicate that the driver of the car was also an IU-Bloomington. It is being reported that police ticketed the driver for having a suspended license.

Continue reading "19-YEAR-OLD INDIANA UNIVERSITY STUDENT STRUCK AND KILLED BY CAR ON CAMPUS " »

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September 2, 2009

CASS COUNTY TRUCK DRIVER STRUCK BY TRAIN - - RESCUED BY ONLOOKERS

WLFI.com reported that a Cass County truck driver's semi-trailer was struck by a train when his it stalled while crossing the railroads tracks. Fortunately, several nearby onlookers came to the man's rescue after he was ejected from the truck and found buried under debris from the collision. Watch the video to hear from those coming to the man's aid.

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August 17, 2009

Defective/Unsafe Roadway Conditions - Do I Have a Claim for My Injury?

A common question by those who have been injured due to an unsafe roadway condition is whether they can bring a claim against a governmental entity for failure to maintain the roadway properly? In some cases an injury victim will be allowed to proceed with a claim against a governmental entity for failing to exercise reasonable care in keeping the roadway reasonably safe.

The Indiana Supreme Court held that a governmental entity has a common law duty to exercise reasonable care and diligence to keep its streets and sidewalks in a reasonably safe condition for travel. Catt vs. Board of Comm'rs of Knox County, 779 N.E.2d 1 (Ind. 2002).

Continue reading "Defective/Unsafe Roadway Conditions - Do I Have a Claim for My Injury?" »

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July 28, 2009

UNBORN FETUS NOT A “CHILD” UNDER INDIANA WRONGFUL DEATH STATUTE

In Ramirez v. Wilson, a semi-tractor collided head-on with a pregnant woman’s car.  She was killed, and her daughter S.R. died in utero.  S.R.’s father filed a complaint for the wrongful death of the unborn child.  The Court found that although S.R. was a viable, full-term fetus, under Indiana precedent, a fetus is not a child for purposes of the wrongful death statute and the driver was appropriately entitled to judgment as a matter of law on S.R.’s father’s claim for the unborn child’s wrongful death.  Ramirez v. Wilson, 901 N.E.2d 1 (Ind. App. 2009).

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May 28, 2009

How long do I have to wait to bring a claim?

In Indiana auto accident cases, injury victims generally have 2 years from the date of the accident to file a claim. There are several exceptions to this rule such as in cases against governmental entities which require tort claim notices to be sent shortly after the accident. Because every case is different and may involve different laws, it is advisable to talk to an attorney as soon as possible to ensure your rights are protected.


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May 22, 2009

Can I handle my auto accident case without a lawyer?

While you are entitled to represent yourself, it is not recommend to pursue a claim without an attorney. Claims adjusters for insurance companies are trained to negotiate settlements in the best interest of the insurance company, not you. Furthermore, accident laws require you to meet specific deadlines in order to pursue your case.  In order to insure that you will be treated fairly, meet all deadlines and obtain the maximum recovery you are entitled to, it is wise to hire an attorney.

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May 19, 2009

Will my own car insurance pay any of my medical bills?

Most car insurance policies have a medical payments provision. This is essentially a health insurance policy on your automobile which will pay your medical bills up to the policy limits of the coverage without any deductibles or co-pays. This coverage applies no matter who was at fault. However, if another driver was at fault for your accident and you pursue a claim for injuries against the other driver or his insurance carrier, your insurance company would likely be entitled to ask for repayment of any bills it paid under the medical payment coverage from your settlement with the other driver.

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May 11, 2009

What if the other driver doesn't have any or enough insurance?

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February 17, 2009

Snow and Speed cause Interstate 69 Fatalities

The recent multiple vehicle, snowstorm accidents on I-69 near Indianapolis that resulted in two deaths and numerous injuries were a somber reminder for one of our clients. The headline story for the Sunday edition of the Indianapolis Star on Feb.15, describing the accounts, closecalls and ironies of some of the 34 drivers and victims involved in the Feb. 3 catastrophic pileup, was even harder to absorb.

On Feb. 14, 2006, Kevin Minglin was returning home from work on southbound I-69 just south of mile marker 8 when he was struck head-on by an oncoming vehicle. The other vehicle had lost control and crossed the center median. Because of recent heavy snow, the center median was packed up to and over the guardrail, permitting the car to "fly" over the guardrail and into the windshield of the Minglin car. Numerous vehicles were involved, and Kevin was killed instantly, leaving behing his wife and 2 teenage girls.

Over the past 2 years, the Minglin women have been forced to move on with their lives, but Kevin remains in their thoughts daily. Although our firm was able to help them secure a settlement with the insurance company that has made them financially secure, their lives have been filled with events that are constant reminders of their loss.

This past Sunday's story moved us to consider again the "what-ifs" that might have prevented Kevin Minglin's death. What if he had left work at his normal time, instead of helping "one more account" to make the customer happy? What if he hadn't called home on his cell phone moments before the collision--would he have been in a different lane or gone a little faster, and been out of harm's way? What if he hadn't slowed to let a car pass him moments before? If the snow hadn't been packed in the median, would the other car have collided with the guardrail instead of going over it?

Snow and speed killed Kevin Minglin, too. He was just in the wrong place at the wrong time. But his family's faith has allowed them to accept that it couldn't have been avoided.

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February 11, 2009

Automobile Med Pay Liens Can't Bypass Insureds

When accident victims receive medical payments coverage from their own auto insurance policy to pay their medical bills, the auto insurance carrier is usually entitled to assert a contractual lien against the insured’s third party recovery. Under Indiana lien reductions statutes, plaintiffs can reduce med-pay liens by a pro-rata share of expenses and attorney fees. IND. CODE § 34-53-1-2. Under the Comparative Fault Act, Plaintiffs are also able to reduce med-pay liens by the same proportion that the plaintiff’s recovery was reduced by comparative fault or limited liability insurance. IND. CODE § 34-51-2-19. These statutory reductions can result in considerable reductions to med-pay liens and can help maximize the plaintiff’s net settlement by reducing his or her reimbursement obligations.

In an effort to circumvent their insured’s statutory lien reduction rights, some aggressive med-pay lien holders attempt to collect reimbursement of one hundred percent of their liens directly from the negligent third party’s insurance carrier. These overt attempts to bypass the lien holder’s insured are not permissible. As recognized by the Indiana Supreme Court in Erie v. George, 681 N.E.2d 183 (Ind. 1997), a med-pay carrier’s contractual claim for reimbursement does not allow it to assert a direct claim against the third party in the absence of permission from the plaintiff. For this reason, plaintiff’s counsel should challenge any attempts by med-pay lien holders for reimbursement directly from third party carriers. Failure to do so can lead to a smaller net settlement for the plaintiff.

by Tony Patterson

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February 5, 2009

Indiana Bicycle Crash Results in Conviction

A southern Indiana bicycle rider who suffered serious injuries as a result of being hit by a motorist received some justice this week when the motorist plead guilty to attempted murder. The conviction arose out of a July 27, 2006 incident in New Washington Indiana when Justin Keith Simpson attempted to run over and kill the bicyclist Eric May. While May fortunately survived the crash, he reportedly suffered a head injury, and severe lacerations to his leg which may result in amputation.

bicycle%20blog.jpgAccording to the Clark County Prosecutor Jeremy Mull, the court has discretion as to Simpson's sentence, but the minimum recommended sentence for class A felonies in Indiana is 20 years in prison. The sentencing hearing is set for March 2, 2009.

In addition to the criminal prosecution, Simpson could face a civil lawsuit for injuries suffered by May in the bicycle/car accident. Under Indiana law, crime victims can sue the criminal for injuries they sustain, including damages for medical expenses, lost wages, pain, suffering and the loss of the enjoyment of life. While victims can sue criminals for damages, collecting damages for injuries arising out of criminal acts can prove difficult as most car insurance policies do not cover damages which their insured intentionally caused.

February 3, 2009

Interstate 69 Indiana 28 Car Accident Leaves 2 Dead, 11 Injured

White-out conditions along Interstate 69 caused a 28 car pileup today killing at least 2 people and injuring at least 11 more. More than 30 miles of I-69 was closed following the wreck near Fishers, Indiana, until it was opened up around 4 p.m. today. The pileup occurred during the early morning commute and was described by some responders as the worst accident scene they had ever seen. For more information, follow the link below to theindychannel.com.

http://www.theindychannel.com/weather/18627461/detail.html

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February 2, 2009

Punitive Damages-what are they?

Most people have heard of punitive damages in accident and injury cases, but these damages are often misunderstood. Under Indiana law, personal injury victims can generally seek two types of damages. The first and most common type of damages sought are known as compensatory damages. The second and rarely obtained type of damages are punitive damages. The two types of damages are different in that they are used to accomplish different ends.

Continue reading "Punitive Damages-what are they?" »

January 31, 2009

Interstate 69 Truck accident leaves one dead.

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

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January 21, 2009

Are Indiana car accident cases filed agianst the insurance company?

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?" »

January 19, 2009

Where are Indiana car accident lawsuits filed?

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.

January 16, 2009

Fundraiser Scheduled for firefighter injured on I-74

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

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December 27, 2008

Emergency responder hit by semi-truck

A firefighter from Jamestown Indiana was seriously injured while responding to an accident scene on Interstate 74 in Boone County Indiana. The accident occurred on December 26, 2008 when a semi truck ran over the emergency response firefighter while he was at the scene of two accidents on I-74. The firefighter was reportedly pinned under the truck for approximately 30 minutes before being rescued and taken to Methodist Hospital in Indianapolis.

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December 15, 2008

Expert Testimony Sufficient to Avoid Dismissal of Claims Against Bridgestone/Firestone

In a lawsuit against Bridgestone Firestone North American Tire ("Bridgestone"), plaintiff brought suit against Bridgestone after her child was fatally injured in a rollover automobile accident, alleging that the accident was caused by a failed Bridgestone tire.

Plaintiff presented testimony from an expert witness who opined that the tire failure was caused by separation in the tread and upper steel belt from the body, it had insufficient fatigue strength/age deterioration/resistance to cracks, and it had an inadequate liner/wedge.

Bridgestone moved to have the negligence and strict liability claims against them dismissed, arguing under FRE 702, Daubert v. Merrell Dow Pharmaceuticals, and Kumho Tire Co. v. Carmichael that plaintiff's expert was unqualified to render a reliable expert opinion on the matter.

U.S. District Court Judge David G. Campbell from Arizona rejected Bridgestone's arguments holding that plaintiff's expert was qualified "by knowledge, experience, training and education to testify on the cause of the tire failure;" citing the expert's graduate training in mechanical engineering and 19 years of evaluating failed tires and consulting work on these matters.

See Andrews et al. v. Bridgestone/Firestone Inc. et al.

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November 7, 2008

Change in Expert's Testimony Found to be Grounds for New Trial

The plaintiff in this case was injured in an automobile accident. The defendant retained a medical expert who offered opinions regarding the plaintiff's injuries during discovery. At trial, the expert testified for the first time that he diagnosed the plaintiff with a degenerative disc disease, which was a material deviation from his prior deposition testimony. As a result of this contradiction, the plaintiff requested a new trial.

The trial court found the defendant committed misconduct by not disclosing its medical expert's new diagnosis prior to trial and granted the plaintiff's motion for a new trial. On appeal, the trial court's ruling was affirmed, finding that the defendant should have supplemented its medical expert's opinion prior to trial. Nature's Link v. Przbyla, 885 N.E.2d 709, 719 (Ind. Ct. App. 2008).

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August 8, 2008

Indiana State Police Seek Driver in Fatal I-65 Hit-and-Run Accident in Clark County

Wave3.com has reported that police are seeking the driver of a S-10 truck that was involved in a hit-and-run accident early morning on August 2. Indiana State Police reported that the truck, identified by state police to look nearly identical to the truck shown in the picture below, collided with a motorcycle, leaving the operator fatally injured. The truck subsequently left the scene of the accident after the collision occurred.

Police ask that you call the Indiana State Police or Crime Stoppers with any information relating to this accident.

8808333_BG1.jpg
Picture Courtesy of Wave3.com and Indiana State Police

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July 29, 2008

38-Year-Old Mother and 4-Year-Old Son Critically Injured in Interstate 65 Accident Near Roselawn

The Post-tribune.com has reported that Monday afternoon two trucking accidents occurred on Interstate 65 near the Roselawn, Indiana interstate exit. Both accidents combined to injure 4 people total, which included leaving a 38-year-old mother and her 4-year-old son critically injured, and also caused traffic to be backed up on Interstate 65 for hours.

Initially, a semitrailer rear-ended the motor vehicle carrying a mother and her son, who were slow moving due to construction work on the interstate. The semitrailer pushed the family's car into a guard rail, ultimately pinning it between the rail and the semi, while hitting two other motor vehicles in the process.

Indiana State Police blocked off the roadway as rescue and emergency teams dealt with the first accident scene. As traffic built up, a second semitrailer jacknifed at a location further south of the initial Interstate 65 accident scene, which resulted in a second closure. Indiana State Police closed Interstate 65 for more than 4 hours dealing with the two accidents.

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July 21, 2008

2 Dead in Boone County/Interstate 65 Car Accident

Msnbc.msn.com has reported that early Saturday morning a 33-year-old Indianapolis man accessed Interstate 65 northbound in the wrong direction, causing a motor vehicle accident killing both himself and the driver of another car. Mark Cabbell, Jr. was identified as the driver of the car headed in the wrong direction that collided with the car driven by 22-year-old Samatha Burke, as she was headed northbound near the State Road 39 exit. Burke was heading home from her shift as a nurse at Riley Children's Hospital.

Both drivers were pronounced dead at the scene of the accident. Police are investigating whether Cabbell was under the influence of alcohol at the time of the accident.

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July 11, 2008

Indiana Motorcycle Helmet Law Debated

The chicagotribune.com reported recently that more Indiana motorcycle deaths has caused a renewed debate over Indiana's lack of a mandatory motorcycle helmet law. According to the report, while Indiana does not have a mandatory motorcycle helmet law, 20 states currently do. The Indianapolis based Indiana Criminal Justice Institute states that since April of this year, at least 12 Indiana motorcycle crashes have resulted in deaths and motorcycle deaths have risen 80 percent in the last 10 years.

Click here to review the complete article from the chicagotribune.com.

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July 10, 2008

Spencer County Car Accident Results in Death of Two Teens

Tristatehomepage.com reported Wednesday evening that two teens were killed in a motor vehicle accident U.S. Highway 231 just south of Gentryville Wednesday morning. The report explained that the two teens were lifeguards on their way to work when the accident occurred.

The teen driver was attempting to pass a motor vehicle on the left hand side of the highway when the car collided head on with a mini-van that was oncoming from the opposite direction. At the time of the accident, the teens' car was approaching a hill crest that made them unable to see the oncoming mini-van. At that location, the highway was marked as a "no passing" zone.

Click here to read the article at tristatehomepage.com.

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July 8, 2008

Three Die at Railroad Crossing in Gary, Indiana

The ChicagoTribune.com has reported that three people were killed in a train/automobile collision early Monday evening in Gary, Indiana. The car was hit when the driver attempted to drive the car around crossing gates at the intersection, but was unable to do so in time to miss the oncoming CSX freight train. Upon impact, two of the individuals were ejected from the car. None of the indiviudals in the car were wearing safety belts at the time of the collision.

Click here to read about the accident on ChicagoTribune.com.

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June 30, 2008

Indiana State Police Trooper Hit While Assisting Vehicle on I-465

Indystar.com has reported that Indiana State Police trooper Jeff Woodward was injured early Sunday morning while assisting a motorist changing a tire on southbound Interstate 465 near Rockville Road. Woodward had parked his patrol car, with its emergency lights activated, behind the car he was assisting when a driver rear-ended his patrol car. Upon impact, the patrol car was knocked into the car Woodward was assisting, which then struck him causing injuries to his back and legs.

According to Indystar.com, a young woman was cited in causing the accident for reckless driving, failure to yield to an emergency vehicle, speeding, having an unexpired plate, having no driver's license with her, and unsafe lane movement.

Under Indiana law, motor vehicle drivers are required by statute to change lanes or reduce their speed when approaching an emergency vehicle stopped with its emergency lights on.

Click here to read the article on Indystar.com.

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June 11, 2008

Indiana Flood Conditions Continue to Create Roadway Hazards

As of this morning, the National Weather Service has listed 24 Indiana counties under a flood warning and Daviess county remains under a flash flood warning. Click here to view the National Weather Service's county-by-county warnings and advisories for the flood conditions in Indiana.

With forecasters calling for additional heavy rain throughout the rest of the week, it is important to remember that flood conditions and flash flood situations can create driving hazards, leading to serious injury or death. Flooded roadways are extremely dangerous to drive through and, if at all possible, need to be avoided. The conventional wisdom surrounding motor vehicles and flood conditions is that it only takes a foot of water to float a vehicle, six inches of water may reach the bottom of your vehicle causing operating problems and hydroplaning, and two feet of rushing water can cause your vehicle to be swept off of the roadway in the direction of the current.

Please be careful traveling on the roadways, as we continue to battle these flood conditions.

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June 4, 2008

Indiana Bus Accident on Interstate 65

A Greyhound bus carrying 41 passengers crashed on Interstate 65 in northwest Indiana. According to the Chicago Tribune, 29 of the passengers required medical treatment. The bus was on its way from Chicago to Nashville Tennessee when it flipped on its passenger's side and came to rest near the median. It is unsure why the crash occurred, although witnesses said the bus appeared to be traveling at a high rate of speed and it is suspected that the driver may have fallen asleep.