Indiana Injury Lawyers Blog

It's hard to believe the holidays are upon us once again. For some party hosts that means popping the top on a bottle of bubbly or spicing up the eggnog. The end of the year is a time to celebrate for many reasons, but what happens when you let your guests get too jolly? The party host could find themselves dealing with an unwanted hangover.

Individuals and employers hosting parties can be held liable in cases where a guest or third party is injured in an accident related to the alcohol consumed at the party. Hosts could be held liable for items such as vehicle repair costs, lost time from work, medical bills and even wrongful death.

Indiana law specifically states that it is unlawful for a person to provide alcoholic beverages to another person who is intoxicated if the person knows that the other person is intoxicated. Further, a person who furnishes an alcoholic beverage to a person is also liable for damages in a civil action if the person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished and this is a proximate cause of death, injury or damage to a third party.

Unlike Dram Shop laws, which targets the commercial sale of alcohol, Social Host laws focus on those in control of residential places where minors and guests could consume alcohol. Thus, homeowners, landlords and tenants are all at risk. If you plan on hosting a party this holiday season, please read the list of tips provided below.

• Limit guests to those you know


• Provide food and non-alcoholic beverages for guests


• Arrange transportation or overnight accommodations for guests


• Review your insurance policy before the event to ensure proper liability coverage


• Stay alert. Always remember your responsibilities as host


• Arrange activities that don't require alcohol


• Do not encourage excessive drinking by guests


• Stop serving guests who are visibly intoxicated

All motor vehicle accidents are not the same. And nowhere is this more true than when it comes to those accidents involving motorcycles. Further, the nuances of motorcycle accidents often have a direct impact on the kind of case that may evolve, how it is litigated, and the verdict and results ultimately obtained.

Part of the reason for these differences stem from public perceptions (and often misconceptions) about motorcycles and the people who ride them. Because of their portrayal in pop culture, motorcycles are often associated with speed and at times, even reckless driving. In addition, in an effort to justify their own actions, defendants will often claim that they "did not see" a motorcycle. Thus, should a case go to litigation, pre conceived notions of motorcycles and the ready excuses their smaller size may elicit, can create significant jury selection implications

Second, motorcycle accidents tend to cause injuries that are more likely to be of the "life-altering" variety. The complexity of such cases is further exacerbated by whether or not the cyclist was or was not wearing appropriate headgear. And more subtle injuries can often go undetected.

Third, because motorcycle insurance is harder to obtain, the complexities of a specific plan can be more difficult to decipher and have serious consequences for how financial damages are calculated or awarded.

Finally, the "data" left behind in motorcycle accidents tends to be quite subtle. This is because there are usually fewer points of impact than in the typical automobile collision and hence, less physical evidence.

So what is the individual involved in a motorcycle accident supposed to do? Most important is to work with an attorney who truly understands motorcycles and motorcycle accidents. This requires an understanding of the passion of the motorcyclist. It also means having a grasp as to how potential jurors will view both the individual as well as the activity of motorcycle driving/riding.

In addition, the injury attorney should be readily familiar with the kinds of injuries that can occur as a result of a motorcycle accident. He or she should be observant for signs of changes in memory function, balance, coordination and fine motor skills. The presence of a concussion is always a possibility and it is important that ligament injuries do not get overlooked. An evaluation by the right orthopedic specialist is absolutely essential.

Ultimately, the motorcyclist may be best served by the attorney who not only knows the law, but who can also advocate enthusiastically on his behalf.

Indiana's new "Texting while Driving" law went into effect July 1 and with it comes a new slate of "do's," "don'ts," and potential penalties for hitting those little buttons on your Qwerty keyboard while (supposedly) you are also keeping your hands on the steering wheel.

Actually, that's an overstatement, because the new law applies only to texting while driving. Technically, it does not apply to dialing a telephone number or playing a game. Unlike in some other states, it also does not include any kind of regulations regarding speaking on the phone while driving.

What it does do, is provide you with the "opportunity" to pay up to a $500 fine if you are caught texting while driving. This is applicable whether or not you have been stopped for this infraction or for any other. However, the officer is not permitted to confiscate the phone.

Perhaps more importantly, it is far less clear how this new legislation will affect those lawsuits involving "texting" drivers. Although the new law is part of a nationwide movement to prohibit distractions, certain violations of statute have not been permitted as evidence of negligence, such as a failure to wear a seat belt. However, evidence of a driver being distracted usually is permitted. The courts will likely permit evidence of violating the "no texting" law in the event the one who is texting is involved in an accident.

Indiana law generally assumes that the driver of a motor vehicle has an obligation to follow the state's traffic laws and when a safety statute is enacted, a violation of that law constitutes negligence per se. In the event of an accident, this makes the plaintiff's burden much easier if the other driver was texting at or just prior to the accident. On the other hand, if it was the plaintiff who was texting, his ability to place the fault on the other driver is significantly reduced.

Regardless however of whether or not a driver involved in an accident was texting, a jury must still determine the cause of that accident. As a comparative fault state, a plaintiff may obtain any percentage of the damages awarded consistent with their determination of what percentage of fault each driver bears--but only if the jury determines that he or she is less than 50% at fault.

So what does all this mean? It means that at the least, getting caught texting while driving can result in a significant financial penalty and the possibility of heightened insurance rates. At the worst, texting while driving is likely to be an important variable in determining the degree of responsibility in an automobile accident.

Having an automobile accident in Indiana can become a significant financial burden for an injured person. This burden can be compounded when the at-fault party does not have insurance or does not have an insurance policy sufficient to cover damages. Under Indiana law all drivers are required to have what is known as 25/50/10 coverage, meaning a minimum coverage of $25,000 for each person for bodily injury, minimum liability limit of $50,000 for each accident, and a minimum of $10,000 in coverage for property damage. However, despite these laws, there are still cars on the road who are either uninsured or under insured. Therefore, in order to promote opportunity for innocent individuals to recover for damages in the event of an accident with another driver who is not properly insured, Indiana requires that auto insurance providers to provide their customers uninsured and under insured motorist coverage, for either a single premium or for separate premiums, in limits at least equal to the limits of liability specified in the bodily injury liability provisions of an insured's policy. If the insured chooses not to purchase this coverage, the law requires that he must explicitly reject or waive the coverage in writing. The court has previously interpreted the UM/UIM statute to require an offer, not merely the accessibility to coverage. The law also specifies that for under insured motorist coverage, the coverage must be made available in limits not less than $50,000 and providers may not sell or provide any under insured motorist coverage less than that. Furthermore, at the insured's option, the bodily injury liability limit may be required to be equal to the under insured motorist coverage. Any policies issued after 1995 may offer uninsured or under insured motorist coverage in an amount greater than the limits of liability in the bodily injury and property damage liability provisions of an insurers' policy.

There is a significant difference between an uninsured and under insured vehicle. An uninsured motor vehicle means a motor vehicle without liability insurance or one that doesn't have the required 25/50/10 coverage or any similar requirements applicable under the law of another state. However, an uninsured motor vehicle can also be an insured motor vehicle where the liability insurer of the vehicle is unable to make payments within the 25/50/10 limits because of insolvency of the insurance company within two years of the accident. In a hit-and-run case the driver would be considered an "uninsured" motorist as well. On the other hand, an under insured motor vehicle is an insured motor vehicle where the limits of coverage available for payment to the insured under all bodily injury liability policies, covering persons liable to the insured, are less than the limits for the insured's under insured motorist coverage at the time of the accident.

Continue reading "Uninsured & Underinsured Insurance Coverage in Indiana" »

The successful plaintiff of an Indiana personal injury lawsuit is entitled to damages in a sum that reasonably compensates the plaintiff for bodily injuries, pain and suffering, any past, present, or future expenses reasonably necessary in the course of the plaintiff's medical treatment, and all financial losses suffered, or to be suffered, as a result of the injury. A personal injury plaintiff may typically recover damages for:

• Past or future pain and suffering
The damages recoverable for physical pain and mental suffering resulting from the defendant's actions are variable and depend upon specific facts of each case.

Continue reading "Recoverable Damages for Personal Injury Plaintiffs in Indiana" »

In Indiana auto accident or large truck accident litigation the potential for a traffic ticket to be admitted into evidence at trial is truly a double edged sword. Evidence of a traffic violation issued against the plaintiff, or lack of a ticket to a defendant, which reaches the jury can destroy your client's credibility and ultimately his or her case. Conversely, getting the judge to let in a traffic violation against the defendant in a hotly disputed liability case can tip the scales in a plaintiff's favor. In order to tackle this issue, consider the following two scenarios.

The presentation of your injured plaintiff's case to the jury has gone well. Your client made a good impression, a witness described a horrendous collision, the doctors described the injury with a clearly understandable precision. Then, the defense calls a police officer to the stand and aks him if he gave out any traffic tickets related to the accident, and the answer is "yes, I cited Mr. Plaintiff for failure to yield." Although you know your client pleaded nolo contendre to the ticket, you can feel the wind go out of your sails as you look at the jury and realize the negative impact a traffic citation has made. While you try to save the day on cross, the jury has already made up their mind that police officers don't give out tickets unless a person broke the law. To them a police officer's testimony about a ticket is the gospel, to you it is the kiss of death for your case.

Continue reading "Traffic Tickets: Admissible Evidence in Personal Injury Litigation?" »

Accidents involving semi trucks can involve legal issues which are quite different from traffic accidents which involve small vehicles and private individuals.

An accident between a large truck and a passenger car is more likely to inflict serious damage such as brain and spinal cord injuries. Such injuries can be extremely costly to the victim and involve extensive recovery and rehabilitation. Currently federal insurance regulations require a far higher level of coverage for an interstate commercial vehicle than state regulations require for passenger cars.

Continue reading "Truck Accidents in Indiana" »

Most attorneys are familiar with the general effects of events like whiplash on a client's back and neck. But there may be other effects of a whiplash occurrence such as rotational injury and even lack of the head impacting with an object which can result in temporary or permanent brain damage.

For attorneys, one of the more difficult aspects of a DAI case is that the damage occurs to nerves that are so subtle that the extent of the damage frequently doesn't show up on traditional imaging such as X-Rays, CT's or MRI scans, leaving proof of DAI in the hands of medical experts and in the hands of personal injury attorneys who have experience in this area. Newer imaging studies, while controversial, are gradually being accepted as evidence to demonstrate the presence of DAI. These include SPECT scans, PET scans, Proton Magnetic Resolution Spectroscopic Imaging, and Tensor Magnetic Resonance.

Continue reading "Diffuse Axonal Injuries and their Ramifications in Injury Cases" »

1. Stop immediately! - Indiana law states that if you are driving a vehicle involved in an accident, you must stop at the scene of the accident.

10. Pay nothing - Do not make any payments to the other party involved in the accident or promise to make any such payments.

Continue reading "10 Important Things to Do in Case of an Auto Accident" »