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.
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.
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.
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.
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.
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.
According 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.
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
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?" »
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?" »
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
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.
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.
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).
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.
Picture Courtesy of Wave3.com and Indiana State Police
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.
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.
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.
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.
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.
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.
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.
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.
