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.
The Facts of the Case
According to the court’s opinion, the plaintiffs were injured after they were rear-ended while they stopped to allow an oncoming car to pass through a narrow portion of the road. The accident occurred in a private residential community that had allowed residents to park on either side of the street, despite city ordinances prohibiting such a policy. The plaintiff’s claimed that the community was responsible for their injuries because they negligently implemented the policy allowing residents to park on the street.
The court ultimately concluded that any negligence of the residential community in allowing motorists to park on both sides of the road was not the cause of the accident. The court explained that the parking situation was clear to anyone who was driving through the neighborhood, and that “it is within the common experience” of motorists “to encounter traffic that is stopped or slowed.” Thus, the court dismissed the plaintiffs’’ case against the residential community.
Have You Been Injured in an Indiana Car Accident?
If you or a loved one has recently been injured in an Indiana car accident, you may be entitled to monetary compensation. The dedicated Indiana personal injury lawyers at the law firm of Parr Richey Frandsen Patterson Kruse have decades of experience handling all types of Indiana personal injury claims, and know what it takes to succeed on a client’s behalf. To learn more about how we can help you or your family member pursue a claim for compensation based on the injuries you have sustained, call 888-532-7766 to schedule a free consultation today.
Indiana Court Holds Plaintiff’s Misuse of Tool Defeated Product Liability Claim, Indiana Injury Lawyer Blog, November 29, 2018
Plaintiff Injured in Slip-and-Fall Accident at Doctor’s Office Failed to Show Defendant’s Knowledge of the Hazard that Caused Her Fall, Indiana Injury Lawyer Blog, December 11, 2018