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Articles Posted in Car Accidents

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Indiana Supreme Court Issues Important Opinion Involving Employer Liability for an Employee’s Negligent Acts

Earlier this month, the Indiana Supreme Court issued a written opinion in an Indiana car accident case involving a plaintiff’s claim that the employer of a delivery driver was responsible for injuries caused by the delivery driver. The plaintiff made several claims, including one under the doctrine of respondeat superior…

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Court Upholds Jury’s Fault Determination in Favor of Plaintiff in Recent Product Liability Case Brought Against Vehicle Manufacturer

Earlier this month, a federal appellate court issued a written opinion that will likely be of interest to anyone considering an Indiana product liability lawsuit against a vehicle manufacturer. The case presented the court with the opportunity to answer two questions. First, it addressed whether the lower court was proper…

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The Difficulties of Dealing with Insurance Companies after a Car Accident

Anyone who has been involved in an Indiana car accident knows that dealing with insurance companies in the wake of the accident can be a real headache. While insurance is mandatory in all states and should act to provide compensation to car accident victims, the reality is that insurance companies…

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Plaintiff’s Case Permitted to Proceed Past Summary Judgment Based on Conflicting Evidence Created by Her Own Testimony

Earlier this month, a state appellate court issued a written opinion in a car accident case that was brought by a woman who was not in either car at the time of the accident, but was struck by one of the cars involved in the accident while she was standing…

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Court Determines that City May Be Liable for Accident Caused by Overgrown Stop Sign

Late this month, an appellate court in Ohio issued an interesting decision involving the limits of a local government’s immunity from personal injury lawsuits involving claims that the government failed to maintain a public road. In the case, Bibler v. Stevenson, the court determined that a local government was not…

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Appellate Court Rejects Plaintiff’s Argument that Jury Instruction Was Improper

Earlier last month, an appellate court in Alaska issued a written opinion in a personal injury case affirming a trial court’s decision to deny the plaintiff’s post-trial motion after a jury found in favor of the defendant. In the case, Long v. Arnold, the court held that the trial court’s…

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How Government Design Immunity Can Eliminate an Indiana Personal Injury Plaintiff’s Claim to Recovery

Government immunity is a concept that is present in almost all personal injury cases that name a government entity or employee as a defendant. Even in cases in which the plaintiff ultimately recovers compensation for their injuries after settlement negotiations or a trial, it is likely that the plaintiff had…

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Court Finds At-Fault Driver’s Employer Not Liable Under Vicarious Liability Theory

Last month, an appellate court in California issued an interesting opinion regarding when a negligent driver’s employer can also be held liable in a personal injury lawsuit. In the case, Jorge v. Culinary Institute of America, the court ultimately determined that since the fatal accident occurred while the defendant’s employee was…

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Case Arising from “Garden Variety” Traffic Accident Involving Paramedic Not Considered a Medical Malpractice Case

Earlier last month, an appellate court issued a written opinion in a car accident case brought by a man who was injured by an on-duty paramedic on his way to the scene of an accident. The case, Aldana v. Stillwagon, presented the issue of whether a case involving a regular…

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Discrepancies in Insurance Contracts Are Often Resolved in Favor of the Insured

Auto insurance coverage is required in Indiana, and most motorists are familiar with the coverage they have and how to go about using it when the need arises. However, the contract that is entered into between a motorist and an insurance company is lengthy, and most motorists do not take the…

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