Car Accidents

July 12, 2019

Indiana Court Discusses Admissibility of Expert Witness’s Disciplinary History in Recent Auto Accident Case

by Parr Richey Frandsen Patterson Kruse LLP

In June, a state appellate court issued a written opinion in an Indiana car accident case discussing whether an expert witness’s disciplinary history is admissible in a personal injury trial. Ultimately, the court concluded that such an account is admissible, but that in this case, specific evidentiary rules prevented the admission of the reasons for the disciplinary action.

According to the court’s opinion, the plaintiff was sitting in her vehicle at a stop sign when the defendant rear-ended her. The plaintiff went to the hospital, and was released that evening with a neck brace and a prescription for pain medication. Later, the plaintiff filed a personal injury lawsuit against the defendant.

In support of her case, the plaintiff planned on presenting evidence from a treating physician who was going to be a medical expert at trial. The defendant asked the expert whether he was ever subject to any disciplinary proceedings, to which the expert responded affirmatively. However, the expert would not get into any details. Before trial, the defendant asked the court to compel the expert to disclose the reasons for the disciplinary action taken against him. The court denied the defendant’s request, holding that the fact that the expert was subject to prior disciplinary proceedings was not relevant because, at the time of trial, the expert’s medical license was valid. The jury ultimately returned a verdict in favor of the plaintiff, and the defendant appealed.

June 3, 2019

Indiana Car Accidents Caused by Poorly Designed or Maintained Roads

by Parr Richey Frandsen Patterson Kruse LLP

Dangerous roads are one of the most often overlooked causes of Indiana car accidents. In part, road design and maintenance may be overlooked because it can be difficult to successfully pursue an Indiana personal injury claim based on the dangerous design or negligent maintenance of a road. However, the possibility of encountering an obstacle should not discourage an accident victim from discussing their case with an attorney.

There are numerous ways in which a road might be dangerous. The most common defects found on Indiana roads are surface defects and planning defects. Surface defects include cracking pavement, potholes, and eroded shoulders. These are often results of poorly maintained roads. Planning defects have to do with the layout of the road itself. Common examples of planning defects are blind corners, confusing intersections, and poorly lit roads. Under Indiana law, it is possible for an accident victim to recover based on either surface defects or planning defects. However, issues of governmental immunity may be a hurdle that accident victims must overcome. A recent case discusses governmental immunity in the context of a car accident that was allegedly caused by a defectively designed road.

According to the court’s opinion, the plaintiff was heading southbound on a motorcycle when a vehicle attempted to make a left turn in front of him. The plaintiff was unable to avoid the collision and crashed into the passenger-side door of the motorist’s vehicle. The plaintiff filed a personal injury lawsuit against the state government, arguing that the intersection was dangerous and that the government failed to warn motorists of the dangerous intersection.

May 20, 2019

How the Legal Standard Applied by the Court Can Make a Difference in Indiana Personal Injury Cases

by Parr Richey Frandsen Patterson Kruse LLP

When someone is injured due to the alleged negligence of another party, the injury victim can pursue a claim for compensation against the parties they believe to be at fault for their injuries. These cases all fall under the umbrella of Indiana personal injury cases. However, there are several different types of personal injury cases, and courts apply slightly different legal standards according to the type of claim that is brought. A recent state appellate decision illustrates the importance of the legal standard that is applied by the court.

The case arose when the plaintiff, who was a guest at the defendant’s property, was injured in a golf cart accident. The defendant was driving the cart at the time of the accident. The plaintiff sued the defendant, claiming that the defendant acted negligently by operating the golf cart in an unsafe manner. The plaintiff’s claim made no mention of a premises liability theory, and did not mention the defendant’s status as the owner of the property where the accident occurred.

The defendant claimed that he did not violate a duty of care that he owed to the plaintiff. The defendant characterized the plaintiff’s claim as one of premises liability, arguing that the plaintiff was a licensee on his property, and thus he only had a duty “to refrain from willfully, wantonly, knowingly, or intentionally injuring her.”

May 14, 2019

Indiana Car Accidents Involving Pedestrians

by Parr Richey Frandsen Patterson Kruse LLP

In March 2019, a state appellate court issued an opinion in a personal injury case discussing whether the defendant motorist was entitled to summary judgment based on the evidence presented. The case raises an interesting issue that frequently comes up in Indiana car accident cases in which each party offers a very different version of the events leading up to the accident.

According to the court’s written opinion, the plaintiff was jogging down a road when he was approached from behind by the defendant motorist. The defendant was traveling at approximately 35 miles per hour. As the defendant got close to the plaintiff, he crossed the double-yellow line to try and safely pass the plaintiff. However, as the defendant was re-entering his lane, he crashed into the plaintiff, causing the plaintiff to break his leg. When police officers arrived on the scene, the plaintiff told them that the defendant ran a red light before striking him. The defendant denied the allegation, claiming that he had a green light. The police officer initially cited the plaintiff for darting out into traffic, but that citation was later dismissed.

The plaintiff filed a personal injury lawsuit against the defendant. The defendant filed a motion for summary judgment in his favor, arguing that the plaintiff was the one who jumped out into traffic, striking his vehicle. The court denied the defendant’s motion for summary judgment, allowing the plaintiff’s case to proceed towards trial. The defendant appealed.

March 11, 2019

Federal Court Issues Opinion Limiting the Time Frame a Minor Has to Pursue an Indiana Personal Injury Claim against the Federal Government

by Parr Richey Frandsen Patterson Kruse LLP

Earlier this month, the Ninth Circuit Federal Court of Appeals issued a written opinion in a Federal Tort Claims Act (FTCA) case that may impact Indiana personal injury and wrongful death cases involving minor victims. The case required the court to determine if a claim under the FTCA is automatically tolled while the plaintiff is a minor. Ultimately, the court noted that the FTCA contained no explicit provision calling for minority tolling, and thus held that FTCA claims were not subject to minority tolling.

Statutes of Limitations

Generally, all personal injury claims must be brought within a certain period as outlined in the relevant statute of limitations. However, there are some situations in which a statute of limitations is “tolled” or delayed. For example, in some cases, a statute of limitations will be tolled during the period in which the plaintiff is a minor. Another common example of when tolling may occur is when a plaintiff does not discover their injury until a later date

The Facts of the Case

According to the court’s opinion, the plaintiff was nine years old when his father was killed in a car accident. After the accident, the plaintiff’s mother filed an administrative claim with the Federal Highway Administration (FWA) seeking compensation on behalf of her son for the loss of his father. However, it was not until six years later that the plaintiff’s mother filed a lawsuit in federal district court on behalf of her son. Once the plaintiff turned 18, he was substituted for his mother as plaintiff.

February 25, 2019

Expert Witnesses in Indiana Car Accident Cases

by Parr Richey Frandsen Patterson Kruse LLP

One of the most common ways that an Indiana car accident victim can prove their case against a defendant is through witness testimony. Frequently, witness testimony in an Indiana car accident case comes in the form of eyewitness testimony, meaning from someone who actually observed the accident. However, some car accident cases present more complex issues that may require an expert witness.

In Indiana, a qualified expert witness is permitted to testify if she possesses “scientific, technical, or other specialized knowledge” that will help the jury understand the evidence or the issues involved in the case. Unlike other witnesses, expert witnesses are allowed to provide their opinion to the jury. Thus, expert witness testimony can be very powerful.

Expert witnesses are not necessary in every case. However, a recent state appellate decision illustrates that expert witnesses may be required in some situations.

February 4, 2019

Dealing with Insurance Companies after an Indiana Auto Accident

by Parr Richey Frandsen Patterson Kruse LLP

All Indiana motorists are required to maintain a certain amount of auto insurance to drive legally. Lawmakers’ idea behind creating such a requirement was to ensure that an at-fault motorist had sufficient assets to cover the costs incurred by the victims of their negligence. Thus, even if an at-fault motorist has no assets themselves, their insurance company will defend the case on their behalf and compensate the accident victim up to the policy limit.

In reality, however, dealing with an insurance company after an Indiana car accident can be a major headache. For one, insurance companies are for-profit companies that rely on taking in more money each month in premiums than they pay out in claims. Thus, it is in an insurance company’s interest to pay as little for each claim as possible. Thus, insurance companies routinely deny coverage in hopes that the accident victim is unfamiliar with the process and doesn’t ask any questions. However, insurance companies who deny coverage can be challenged through an Indiana personal injury lawsuit.

A recent case illustrates one plaintiff’s successful attempt to get an insurance company to cover his injuries.

January 29, 2019

Employer Liability in Indiana Auto Accidents

by Parr Richey Frandsen Patterson Kruse LLP

Figuring out who to name as a defendant in an Indiana car accident case is an important step in any personal injury case. For example, employers may be liable for employees’ actions even in cases where the employer was seemingly not involved in the accident, as a recent case illustrates.

In that case, the plaintiff was evidently a passenger in a truck that was in a single-vehicle accident. At the time, the driver was driving back home after attending a family gathering. The plaintiff filed suit against the driver (the plaintiff’s father), the driver’s corporation, and an affiliated corporation that owned the vehicle. The defendant corporations claimed that they could not be held liable because the driver was not acting within the scope of his employment at the time of the crash.

According to the court’s opinion, the defendant corporations required the driver to be on call at all times—24 hours a day, seven days a week. The driver was required to immediately respond to calls for repairs and maintenance at the defendants’ farms, ranches, and dairies. The defendants had equipment that was operated 24 hours a day, and repairs had to be addressed immediately to avoid disruption of the farm and dairy operations. It was not clear whether the driver was required to use the company vehicle (which contained tools and parts for repairs) at all times so that he could quickly carry out repairs. The driver’s supervisor told him that he was not limited to using the vehicle for business purposes.

January 14, 2019

Indiana Car Accidents Occurring in Parking Lots and on Other Private Property

by Parr Richey Frandsen Patterson Kruse LLP

When someone is injured in an Indiana car accident, the accident victim is entitled to pursue a claim for compensation against any of the parties they believe were responsible for causing the crash. In the majority of cases, car accidents occur on public roads. After an accident on a public road, the motorists involved in the collision should call the police. The police will then respond to the scene, investigate the accident, and issue any citations if they are determined to be necessary. The results of an investigation conducted by the police can be very beneficial to an Indiana car accident plaintiff.

In addition to accidents occurring on public roadways, there are a significant number of Indiana car accidents that occur in parking lots, parking garages, or on other privately owned property. Because these accidents are not on public roadways, police officers may not respond unless there are serious injuries. However, it is essential that motorists involved in a car accident on private property obtain all the necessary information from the other drivers involved in the crash, including the driver’s name, address, insurance information, as well as the vehicle information, including the name and address of the owner (if the owner is not the one driving the car).

An accident victim may also be able to pursue a claim against the owner of the property where the accident occurred if the owner’s negligence contributed to the accident. For example, parking garages are poorly designed or improperly marked, creating a misleading situation for motorists. However, an Indiana accident victim must be able to connect the landowner’s negligence to their injuries by establishing a causal relationship between the two. A recent state appellate decision discussed a plaintiff’s car accident claim against a private residential community.

November 13, 2018

Respondeat Superior: Holding an Employer Liable for the Negligent Acts of an Employee

by Parr Richey Frandsen Patterson Kruse LLP

One of the most important decisions that an Indiana car accident plaintiff must make is which parties to name as defendants. This decision is so important because it can have a significant effect on whether the plaintiff will be able to recover for their injuries and, if so, how much they will be able to recover. One reason for this is because most individuals do not have the necessary assets to cover the costs associated with a serious Indiana car accident. Indeed, even after insurance policies are considered, many Indiana accident victims find themselves with medical expenses that are far greater than the amount they can recover from the at-fault driver.

Any experienced Indiana personal injury attorney will explain that the best way to ensure full and fair compensation for an accident victim’s injuries is to name all potentially liable parties. This may include the owner of a vehicle that the at-fault driver was using or, more commonly, an employer.

In many Indiana car accidents, the employer of an at-fault driver can also be named as a defendant under the legal doctrine of respondeat superior. The term respondeat superior is Latin for “let the master answer,” and stands for the principle that an employer can be held liable for an employee’s negligent actions, so long as the employee was acting within the scope of their employment at the time of the alleged negligent action. Thus, the doctrine is particularly important in Indiana truck accident cases.