Indiana Injury Lawyer Blog

Accident victims may have different problems resulting from car wrecks. However, most have the same questions they need answered. For this reason, our firm has developed a series of video FAQs answering questions for accident victims. Each month we anticipate addressing different areas of the law. Examples of questions that are addressed are "Do I use my health insurance card to pay for my medical expenses?" and "If I hire a lawyer, how long will it take for my case to be resolved?" The videos aren't intended to offer legal advice, but they do help provide short answers to questions our clients frequently ask. The videos can be seen on indianalawtv.com or by visiting Youtube.com. When visiting the indianalawtv.com site, we provide visitors an opportunity to ask questions which we can answer in future videos. If you have any questions you feel would be appropriate for our series, please let us know. Below is one of the videos in the series entitled, "Can I handle my auto accident without a lawyer?"

This past January, the Indiana Court of Appeals ruled on a case coming out of Laporte County. The case dealt with a grandmother who signed the state required "financial responsibility form" for her grandson when he turned 16. At that time, the grandson was living with his grandmother and she was his legal guardian. She had bought her grandson a new car for his 16th birthday and registered the car in his name.

Pursuant to IC 9-24-9-3, Indiana requires that a minor's driver's license application be signed by a parent or legal guardian who promises to assume certain statutory obligations on behalf of the minor. Under IC 9-24-9-4(a), "[a]n individual who signed an application for a permit or license under this chapter agrees to be responsible jointly and severally with the minor applicant for any injury or damage that the minor applicant causes by reason of the operation of a motor vehicle if the minor applicant is liable in damages.”

Continue reading "Grandmother Not Covered By Insurer After Being Held Liable Under Financial Responsibility Form for Grandson" »

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.

by Tony Patterson

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).

By now, many people across Indiana have sadly learned of the heartbreaking school bus accident that occurred last Friday on U.S. 24 west of Logansport, that claimed the lives of four young special-needs students. At the time of the accident, the Twin Lakes School Corporation bus was in route from Logansport to Monticello after the school day had ended.

Wndu.com reported that the accident was caused after an eastbound dump truck on U.S. 24 quickly swerved into the westbound lane to avoid colliding with a moped making a left-hand turn into a driveway. As the dump truck swerved into the westbound lane, it collided with the school bus, sending it over on its side and into the eastbound lane. The school bus was then struck in its hood by a second dump truck following in the eastbound lane.

Mopeds and moter scooters have become increasingly popular in the last year due to our country's current fuel crisis and the rising gas prices that have resulted. Many mopeds and motor scooters gain over 100 miles per gallon of fuel, which makes them an attractive alternative to driving SUVs and four-door sedans. However, being that they are physically smaller means of transportation, mopeds and motor scooters provide additional safety concerns on our roadways. In most cases, mopeds and scooters are smaller than motorcycles and do not have the loud exhaust that alerts automobile and truck drivers to the presence of a motorcycle. As mopeds and motor scooters become a more and more familar sight on our roadways, it is necessary that all drivers take extra precautions in sharing the roadway and preventing accidents.

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.

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.