The post How Do Weather Conditions Influence Liability in Indiana Car Accidents? appeared first on McGlone Law.
]]>In Indiana, we have varying weather all year long. We can have multiple feet of snow throughout the winters, thunderstorms in the summer or spring months, fog throughout the year, and more. What role does weather play in car accidents? Does it change the liability of the other drivers involved?
This article will discuss that and more and help you determine if you may have a realistic chance at recovering damages or needing to pay them following a car accident.
Indiana has a rule for comparing fault in relation to damages awarded following an accident. In Indiana, if multiple parties are involved, each party will be assigned a percentage of fault based on the evidence provided. If the injured party is more than 51% at fault for the accident, they are typically unable to pursue damages.
An injured party that is deemed less than 51% at fault will have their portion of their damages reduced by the amount of fault they were assigned. For example, if you were found to be 20% at fault for the accident occurring and your total damages were $100,000, your portion would be reduced by 20%, making the full damages you are eligible for $80,000.
A person is liable for an auto accident if that person was at least 51% at fault and that fault was a cause of the accident. “Fault” includes negligence. Negligence is the failure to use reasonable care under the circumstances. For example, it is reasonable care (and therefore not negligent) to drive the speed limit on a relatively straight, dry, state highway. However, it is also probably negligent (and therefore at fault) to drive the speed limit when that same state highway is covered with snow and ice.
There are many things that drivers can do to ensure that they and those around them are safe on the roads. Some of the most common examples are listed below;
Slow down – speed limits are set up to protect our safety when the road conditions are clear. If there is ice, snow, or heavy rain, the operator must slow down and leave more room between vehicles to stop or turn.
Maintain tires – if you are driving in snow or ice, navigating with even the best tires can be challenging. If your tires are worn or lack tread, it can be harder to slow down, brake, change lanes, or more in inclement weather.
Windshield wipers – similar to tires being well-maintained, if you have windshield wipers that aren’t working correctly, it can cause interference in your ability to see, and you could cause accidents as a result.
Leave extra room – not only as you are driving and other parties are ahead or behind you but also with emergency vehicles or snow plows that may be trying to clear the road. It may be difficult for you to slow down or stop in icy conditions, but it is the same for them. It’s also important to remember that snowplows or other large trucks will have much more weight on them and will need increased distances to stop, even on dry roads.
As discussed above with comparative fault, if it is found that although you were driving the speed limit, but there was ice and snow on the roads, and you lost control of your vehicle, as a result, you may be found partially at fault for the accident.
Legal negligence refers to the notion that all parties involved have a duty to use reasonable care to the others involved regarding their safety. If any of the parties are found to have breached their duty, they will be assigned fault accordingly.
Suppose you are not negligent by following all traffic laws and rules but are found to be negligent due to not allowing extra precautions during a snow or wind storm. In that case, you may be found liable for a portion of the accident, and, therefore, the damages you can recover are reduced or eliminated, or you may be required to pay the other party compensation.
In Indiana, you can typically pursue economic and non-economic damages;
Economic damages – damages that are tangible, and can be proved by references to records such as medical bills, related therapy or prescriptions, the costs to repair your vehicle, calculated lost wages while you were tending to your injuries and more.
Non-economic damages are more challenging to calculate as they are typically intangible, such as pain and suffering, such as physical pain, disfigurement, emotional harm, Post Traumatic Stress Disorder (PTSD), and more.
It is important to note that some states have a cap on the amount of damages you can pursue. Indiana does not have this cap unless you are bringing a case against the state, or where a statute imposes a cap in a specific kind of case, in which case there is a limit.
Punitive damages are far less common but can occur if the accused party was proven to have acted especially negligently or intentionally caused an accident. Punitive damages are meant to punish the behavior and also deter others from considering doing the same. Your experienced team of attorneys can provide you with a realistic expectation of what you may expect in damages.
With a combination of more than seven decades of experience, our team is ready and capable of assisting you and your family. We fight tirelessly for our clients, whether negotiating with insurance companies to ensure you get the compensation you deserve or representing you in court.
Call our office today at (812) 247-8416 to schedule an appointment to speak with our team. We look forward to serving our clients and providing them peace of mind so they can promptly and effectively continue with the next chapter in their lives.
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]]>The post Can You Sue if You Are Partially At Fault in Indiana? appeared first on McGlone Law.
]]>Most people think that if they are partially at fault for a car accident, they aren’t able to pursue damages. This assumption isn’t always correct, and you should research to see what options you may have before signing anything from the insurance company. You may be surprised to learn that even if you were partially at fault, you may still be eligible to collect damages from the other parties involved.
If you don’t have experience working with car insurance companies, you may not realize that they are focused on the best interest of their clients and their company, not necessarily you. They will typically try to get you to settle for far less than you deserve so they can increase their profit, close the case, and move on to the next. Don’t get caught up in this scenario. Work with an experienced attorney to help you pursue the compensation you deserve.
Several factors work together to establish fault after a car accident. Evidence includes pictures or videos of the scene and vehicles, police records, witness statements, and more. Multiple parties can be liable for the accident, and you shouldn’t assume that because you may have done something wrong, you are 100% at fault.
Eyewitness statements are important to determine how the accident occurred. If you are in an accident, it’s important to obtain contact information for those who may have witnessed the accident should you need to consult them later.
In some cases, experts can be consulted who can recreate the accident based on the evidence provided and help display how it would have occurred and how each party was involved in the accident.
Some states, like Indiana, follow the comparative negligence rule. This law can mean that each party involved in an accident is assigned a percentage of fault, depending upon what they did or failed to do that helped to cause the accident. If you are assigned more than 51%, you are unable to pursue damages. However, if it’s less than that, the percentage helps to determine what portion of the overall damages awarded you are eligible to receive.
For example, if you were found to be 20% at fault for the accident occurring and your total damages were $100,000, your portion would be decreased by 20%, equaling $80,000, rather than the full amount. If multiple parties are involved, their portions are also reduced by their percentage.
If you were partially at fault for speeding right before an accident occurred, for example, you may assume that since you weren’t following the law, you aren’t eligible to pursue damages. Consider that the other party may have been under the influence or distracted while driving and also speeding. These factors may make the other driver more at fault than you. Therefore, you can pursue a portion of the damages.
Tangible losses such as reimbursement for medical bills, the costs involved in repairing your vehicle, or other property damage can be proven through documents, such as medical bills and repair bills. Lost income is another tangible loss to consider. The amount of income you missed out on to tend to your injuries or will continue to miss out on in the future as you move forward with required therapy or other appointments can be calculated and presented for compensation.
The less tangible items you may also be able to pursue include multiple things. Some of the most common are pain and suffering, which can mean that your quality of life is now less following the accident, and therefore, you should be compensated for it. How does one calculate this loss? An experienced attorney can help you assign a dollar amount to the intangible loss so you can adequately pursue it in court.
Other examples that aren’t tangible losses are future medical care costs. If you will experience years of medical bills, there’s a way to estimate what this may cost you and pursue an amount that makes you financially whole.
Mental anguish or Post Traumatic Stress Disorder (PTSD) may also be issues to consider. Many people experience trauma for months, years, or lifelong following an accident. You shouldn’t have to suffer and miss out on life’s joys or peace of mind that you would otherwise have had if it weren’t for the accident.
What about diminished earning capacity? Suppose you were once able to perform at a certain level at work and, therefore, could obtain a higher salary than you could following the accident. The difference in these salaries could be an amount worth pursuing for total damages.
Don’t settle for less than you deserve just because you may have been partially responsible for the accident. As mentioned above, most insurance companies and other parties involved are going to have their best interest at heart rather than yours.
By working with an experienced attorney, you can ensure that you have a tireless ally who will advocate for your best interest rather than anyone else’s and help provide a favorable outcome that enables you to avoid financial distress.
Call our office today at (812) 247-8416 to get started. We provide a risk-free consultation to determine your options and assemble a strategy that will work for your case. Every case is different, and you shouldn’t assume that what may have worked for your relative or coworker will work for you. Let us find a customized plan for you and begin to pursue it until we get the desired result.
We look forward to your call.
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]]>The post Catastrophic Car Accident in Indiana: Pursuing Damages for Severe Injuries appeared first on McGlone Law.
]]>If you have ever been in an accident, you know how scary and unsettling it can be, especially if injured. You have to take time away from work and likely have multiple medical appointments, and it can create a general disturbance in your life. Imagine if the injuries were so substantial that they created a severe situation where you now require assistance to do everyday activities. If so, you are the victim of a catastrophic injury.
According to the Indiana General Assembly, a catastrophic injury “means bodily injury so severe that a person’s ability to live independently is significantly impaired for a period of at least one year.” Injuries that cause blindness, intellectual disabilities, paralysis, extensive treatment, significant loss of work, and more are included in this category.
Catastrophic injuries can vary. Below are some common examples.
Traumatic Brain Injury (TBI) – TBIs are common in car accidents and can vary in levels of concern, from a concussion that you must be aware of to permanent damage to the brain.
Partial or complete paralysis – if you are no longer able to use a portion of your body and now require assistance to complete daily tasks, whether this be permanent or temporary
Damage to internal organs – some of the less prominent injuries may have caused permanent damage to internal organs, causing you to need assistance with things like breathing correctly or using the bathroom.
Significant injuries to the spine – if you sustained a severe injury to your spine, you may require assistance such as a wheelchair or more
Severe burns – severe burns on the body may limit portions of your body from functioning as it once did, whether temporary or permanent.
There is a multitude of damages that you can pursue following a catastrophic injury. Some of the most common are listed below.
Medical costs – a severe injury will likely incur several medical appointments, possible surgery, physical or occupational therapy or other types, necessary check-ups to monitor progress, and prosthetics. These costs can quickly add up and can generally be recovered.
Pain and suffering – while a little more challenging to place value on as it’s not tangible, pain and suffering can become debilitating to your livelihood. Mental anguish can lead to PTSD or other psychological issues that can persist long-term. An experienced attorney can help you to calculate these damages and accurately pursue them.
Lost wages – following a severe injury, you may miss work for weeks, months, or even years. Recovering these wages is something you can pursue.
Wrongful death – a catastrophic injury can result in the death of a loved one. A family member can choose to pursue damages on their behalf.
There may be other relative damages that you can to pursue to bring you back to a financially whole position following a catastrophic injury. Consult your trusted attorney to determine what other options you may have.
Personal injury cases in Indiana are subject to comparative fault concerning negligence. What this can mean for you is that even if you are partially responsible for the injuries you sustained, you may still be able to recover damages.
Each party involved in the accident will be assigned a percentage of fault. For example, let’s say you were found to be 20% at fault, and the other party was found 80% at fault for the accident that left you with catastrophic injuries. In that case, you could recover 80% of your damages, which is 20% less than your total damages, due to you being found to be 20% at fault.
This calculation is why establishing fault in car accidents is imperative. Proving how much you were at fault or how much the other party was could mean the difference in hundreds of thousands of dollars in damages you can recover.
We understand that you have multiple options to choose from when it comes to choosing which legal team to work with. What sets us apart is our team structure and experience. Not only do we have multiple attorneys in our office, but we have full-time investigators as well.
Due to the comparative fault rule that we just discussed, utilizing our investigators to help establish fault has worked incredibly well for us in the past to protect our clients and ensure they get the compensation they deserve. It is extremely important to investigate immediately, and put together the evidence to prove that the other party is at fault. Delay in investigating can cause the loss of witnesses and evidence.
A skill set that we stand behind is negotiation. If you aren’t handling negotiations on a daily basis, you may not know how to work them to the best of your ability to get the results you are striving for. We handle skilled negotiations on behalf of our clients, and if we don’t get the results that we feel are fair for our clients, we will aggressively file suit and go to trial.
We understand how difficult this time in your life can be for you and your loved ones. Let us take over the reins and the stress associated with it and pursue what is rightfully yours. We know that no amount of money can replace a life or fix a catastrophic injury, but we understand the need to become financially whole, as you once were before the unfortunate situation occurred and that is our goal.
Call our office today at (812) 247-8416 to get started. Our team will work with you to discuss your questions and form an effective strategy so you can move forward with your life.
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]]>The post Motorcycle Lane Splitting in Indiana: Legal Considerations and Safety Tips appeared first on McGlone Law.
]]>According to JD Power, “lane-splitting for motorcycles refers to bikes which weave between traffic that’s moving in the same direction as they are.” Due to the narrow width of a motorcycle vs. a car, they can maneuver between traffic lanes while traffic has slowed or stopped, which can help them avoid accidents when done safely. You may have seen motorcycles squeeze in between cars or ride between vehicles when they have an opportunity; this is an example of lane-splitting.
Several states have considered laws regarding lane-splitting, so it’s important to know what Indiana deems safe and effective. While some see it as a safe and viable option, others feel that the maneuver leads to unsafe driving conditions.
According to the AMA, or the American Motorcyclist Association, after a thorough investigation, they have stated that “in full consideration of the risk and benefits of lane splitting, the Motorcycle Industry Council supports state laws that allow lane splitting under reasonable restrictions.”.
Lane-splitting is illegal in the state of Indiana, according to Indiana Code 9-21-10-6. There may be several reasons behind this decision by the state. One of the most important aspects to consider is safety. Safety for the motorcyclists and safety for the drivers around them.
Due to the sheer size of standard or commercial vehicles vs. a motorcycle, accidents that occur can result in devastating or deadly results. Especially if the rider isn’t wearing a helmet, their means of transportation don’t allow them added protection like a car’s structure would. Traumatic brain injuries are common with motorcycle accidents of this nature. One of the main complaints that you will hear riders make is that other drivers don’t see them. If a rider is attempting to lane-split and another car doesn’t expect them to be there, they may not know to look for them, which can easily lead to accidents.
There are several different aspects to consider when determining whether lane-splitting should be legal in each state. One of which is safety, as we just discussed. Another important aspect is the carelessness that can occur should lane-splitting be legal. Riders can become reckless or careless when navigating traffic if they can weave in and out, creating safety concerns.
Knowledge – some riders assume that lane-splitting is legal and choose to utilize it in high-traffic areas. They may inadvertently be positioning themselves for fines or penalties if so.
Road rage – it’s essential to consider the possibility of road rage when considering lane-splitting from the rider or another driver on the road. Suppose you are a rider and choose to lane-split, which frustrates another driver. This illegal action may make road rage unsafe for any surrounding vehicles and the rider. On the contrary, suppose the rider has road rage and uses lane-splitting to illegally catch up to another car. These actions can create very unsafe conditions for all involved.
Efficiency – many riders will argue that lane-splitting allows for more efficient traffic flow and should be legal. While this may be logical to some, as of now, it is still illegal in Indiana.
Indiana follows a comparative negligence rule if you have been in an accident. What this rule means is that multiple parties can be found at fault for the accident that occurred. Even if you are partially responsible for the accident, you may still be eligible to collect damages.
You may be eligible for damages if you are no more than 51% at fault for the accident. Thorough investigations must be done to determine what percentage of fault each party will have. Aspects like accident recreation, pictures of the damage or the scene of the accident, video surveillance, if available, eye witness statements, and more are all valuable to establish fault following an accident.
In relation to lane-splitting, if an accident occurred and the other driver was lane-splitting, their damages may be reduced or refused based on their percentage of fault for illegal lane-splitting.
If you are guilty of lane-splitting, additional legal actions could be brought against you. This is due to the absence of the requirement to prove negligence if you were breaking the law. In most cases, negligence has to be a factor to have an effective personal injury claim. However, if a rider is lane-splitting because it is illegal, there just needs proof that it occurred rather than negligent actions.
Unless and until lane-splitting is legal, it’s in your best interest to avoid it for many reasons.
If you were involved in an accident where one of the parties was lane-splitting, it is imperative to seek legal guidance immediately. There may be options you haven’t yet thought of, which can drastically change the outcome of any damages being sought. With the importance of the comparative negligence policy, it’s even more imperative that accurate fault is established to ensure the best outcome for your situation. Don’t let inaccuracies lead to settling for less than you deserve.
With 80 years of combined experience, it’s safe to say we are competent and dedicated to our clients. With a thorough knowledge of important legal aspects, we can efficiently evaluate your case and formulate a strategy that can help to ensure success.
Call our office today at (812) 247-8416 to learn more about how we can help you.
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]]>The post Motorcycle Accidents and Intersection Collisions in Indiana: Fault and Recovery Options appeared first on McGlone Law.
]]>Accidents are an unfortunate daily and nearly hourly occurrence. If you are on a motorcycle rather than in a car, you know that the outcome can be quickly devastating. What are some of the most common things that motorcyclists do that are contributing factors to motorcycle accidents in Indiana?
Adults over the age of 18 are not required to wear a helmet when operating a motorcycle in Indiana. Though helmets can feel like a hassle, they can be life-saving when encountering motorists on our highways and roads.
Distracted driving is an issue that brings unsafe driving conditions for motorcycles and other vehicles. Driving while texting, eating, or otherwise distracted can quickly lead to nationwide accidents.
Blood alcohol levels are dangerous when operating any vehicle, including a motorcycle. Don’t drive if you have been drinking; be aware that others may be under the influence while driving or riding next to you. In recent years, over 20% of motorcycle riders had a blood alcohol level that was illegal when they were involved in an accident, according to the Indiana Public Policy Institute.
When a motorcycle collides with another vehicle, the riders’ bodies are exposed and vulnerable. Their bike can often be flipped or pushed into other cars, making riders much more susceptible to severe injuries and death.
Speeding, as with any vehicle, can lead to accidents. If there is inclement weather and you are going the speed limit, you may need to adjust to allow for extra time if the roadway is slippery or otherwise affected by weather.
Driver’s inexperience leads to several accidents each year. A motorcycle is challenging to operate without adequate experience, which can easily lead to accidents. Practice riding in remote locations before attempting to be on busy streets or highways where accidents are more prevalent. Indiana residents must obtain a motorcycle endorsement in addition to their regular driver’s license, and many opt out of this requirement. Choose to get an endorsement to help keep yourself safe. If you have an existing endorsement from another state, you can typically transfer it to Indiana by taking an additional motorcycle knowledge exam.
Many accidents with motorcycles happen at intersections. It is so common that nearly half of all accidents involving motorcycles stem from an intersection. One driver doesn’t see the motorcycle and turns into the intersection, colliding with a motorcycle attempting to drive through the same intersection.
You may have heard many motorcycle riders complain that drivers don’t see them. That’s because this is common across the world. Seeing a motorcycle in our blindspots may be more challenging than a regular vehicle, but we must take extra time to see them and keep everyone safe.
Similarly, motorcycles passing by driveways where cars are backing out or driving past parking spots where motorists are pulling out and not seeing the motorcycle can lead to accidents involving backing over the motorcycle or pushing it into oncoming traffic.
As with any accident, the party more at fault can be pursued due to negligence. The party that pursues them must provide evidence that three elements were present. The element of duty to the plaintiff by the defendant, in accident cases, means that all drivers must use reasonable care when operating a vehicle among others on the roadway.
The other two key elements that the plaintiff must prove to have a compelling case are proof that the defendant breached this duty of care and that their breach specifically led to injuries or other damages.
Product manufacturing defects that lead to accidents can also create liability issues for the product manufacturer or designer through product liability laws.
You can pursue economic and non-economic damages if you are injured in a motorcycle accident. Economic damages consist of monetary items such as the costs of medical bills or the cost of repairing your motorcycle. Lost income while tending to injuries can also be included.
Noneconomic damages can include emotional distress or pain and suffering. Post-traumatic stress, depression, and anxiety can all be common following an accident. Your experienced personal injury attorney can help you calculate these noneconomic damages and ensure you are not settling for less than you deserve.
Our experienced team is ready to assist you with your questions and recover the damages you deserve, not just settle for what is offered. With countless cases in the past helping to represent our clients in their time of crisis, we are confident we can help you, too.
Call our office today at (812) 247-8416 for your initial consultation and to learn your options. We have many years of combined experience in helping our clients with personal injury cases, fiercely advocating for them so they can get back to the life they know and love.
Remember that most insurance companies will want you to settle for less as they have their clients and their company’s best interest at heart rather than yours. Let us have your best interest at heart and ensure you can look back at this challenging time in your life, knowing you did everything you could for your future.
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]]>The post Understanding Fault in Indiana Car Accidents: Comparative Fault and Contributory Negligence appeared first on McGlone Law.
]]>So you were recently in an accident. You are not alone, as car accidents are common and something that happens every hour in this country. What may make your situation different from others is establishing fault.
As Indiana is an at-fault state, it is crucial to determine who is mostly at fault for the accident before deciding which parties are entitled to compensation for damages incurred.
In car accidents, it is common for more than one party to contribute to the accident. What this leads to typically is modified comparative negligence. This rule allows you to obtain compensation even if you were partially at fault for an accident.
According to Cornell Law, comparative negligence is “a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident.”
Indiana law follows the modified comparative negligence rule rather than contributory negligence. A handful of states still follow the contributory negligence rule, which states that if you are found to be even 1% at fault for the accident, you are not eligible for compensation.
Based on the modified comparative negligence rule that Indiana follows, if you are found to be 50% or less at fault for the accident occurring, you can be eligible for a portion of the damages.
If you are found to be more than 50%, even 50.1% at fault for the accident, you are not eligible for damages. Due to this rule, your experienced attorney must provide sufficient evidence that you are less than 50% at fault for the accident for you to obtain compensation.
A percentage of fault is assigned to each party within the accident, and that amount reduces their damages proportionately. For example, if you are found to be 25% at fault for an accident occurring, you would be eligible for 75% of the total damages awarded rather than the full amount based on your contribution to the accident.
Several options exist for establishing fault after a car accident. Your account of the events that led to the accident, eyewitness accounts, and the police record (as their account) are considered. Traffic citations, pictures or videos of the damages, and relevant medical records are also considered.
Additionally, traffic flow, weather, and road conditions during the accident will be considered. If there are cameras on the scene that may contain footage, you must retrieve and utilize this information, and your attorney can help you gain access to it.
Other factors that help establish fault are the vehicle damage and injuries sustained. Experts can deduce what may have happened leading up to the accident through evidence of the vehicles and injuries all parties have sustained. Accident recreation can also be utilized to determine the facts such as rate of speed, placement of vehicles, and more.
As you can probably determine by the information already discussed, it is crucial to your future not to inadvertently admit to fault for an accident and settle for less than you deserve. For example, suppose you were in an accident; you assumed that you were at fault for the accident due to your speeding or not appropriately checking your blind spot on the highway.
There may be other factors you are unaware of, such as other vehicles speeding more than you, not using their turn signals, texting while driving or driving while intoxicated, and more. They could be found to be 60% at fault based on several factors, and you won’t know that until the entire investigation is complete.
Discuss the basic facts with your insurance company and the other parties involved in the accident. Work with a lawyer you trust and allow them to handle further communications or negotiations on your behalf.
Suppose you spoke with insurance companies after your accident and decided to settle with them so you could wrap things up and return to life as you know it. Insurance companies depend on this, and they utilize your sense of urgency to finalize the file and, in many cases, for an amount far less than you deserve.
Even if you feel you were 50.1% or more than 50% at fault for the accident, it can still mean that the settlement offered is lower than it should be. Without involving yourself in skilled negotiations regularly as an attorney does, it is hard to protect yourself and ensure you are compensated accordingly and effectively.
An experienced attorney can handle communication with your insurance companies and other parties involved and manage negotiations. This help is especially crucial if you are healing from injuries and aren’t able to manage the process promptly following the accident. You are on a timeline to report the accident and pursue damages, and your attorney can navigate this process for you while you take the time to address your injuries.
Call our office today at (812) 247-8416 to learn more about how we can assist you. From gathering more information to establish fault, handling your negotiations, and fiercely defending you as you pursue the compensation you deserve, we are ready to serve you.
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]]>The post What is a Truck Driver’s Log Book and Why is it Important in My Truck Accident Case? appeared first on McGlone Law.
]]>A truck driver’s log book allows drivers to keep track of their operating hours and hours between operating to ensure they align with the safety standards mandated by the Federal Motor Carrier Safety Administration (FMCSA).
If you were in an accident with a truck, you could utilize their log book to determine whether or not they were within federal guidelines and if it helped them to be at fault for the accident.
There is quite a bit of information in a log book, most notably related to the hours of operation. The driver will log when they are operating, when they are on duty but not working (waiting for loads or waiting to unload), and the hours between operations. The starting time of a 24-hour period and total miles driven during 24 hours is also required.
Essential information included is their name, the date, time, truck number, and names of co-drivers, if applicable. Also included are the point of origin, the destination, and the shipping information or manifest that includes what the truck is carrying and the carrier they are employed by.
According to their website, the FMCSA’s “primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses.” With that in mind, they have begun mandating service hours for operators to avoid fatigue and other unsafe driving practices that can easily lead to accidents.
These hours of service vary depending on the load, whether the driver is going interstate or intrastate, and more, but all drivers are held to a maximum hours standard, which is;
The 14-hour driving window limit, the 11-hour driving limit, and the 60-hour/7-day and 70-hour/8-day duty limits.
Though this can seem confusing, an example of a mandated limit is the 14-hour driving window states, “You are allowed a period of 14 consecutive hours in which to drive up to 11 hours after being off duty for ten or more consecutive hours.” This mandate forces drivers to rest adequately to avoid fatigue or shortened reaction times in regard to others on the roads, thereby reducing the number of accidents that occur.
When establishing fault after an accident, it is imperative to gather all facts present. With a truck driver’s logbook, you can get a current glimpse into whether or not the operator was adhering to regulations and operating safely, or if they were not. This information can be invaluable to a personal injury case.
In addition to the hours of service we discussed earlier, regulations about inspections, miles covered, and off-duty time can also help establish whether or not the driver was operating safely.
Inspections are required to ensure the truck is operational. If any repairs are necessary, these must be logged, as well as what was done to correct the repairs. Many drivers must also inspect the loads they are hauling to ensure they have been distributed correctly in their trailers.
Miles covered is essential because it can provide evidence of the driver speeding or incorrectly reporting their hours of service so they can get to their destination quicker. If it can be found that the miles covered greatly differ from what is reported, this may be a clear indication of unsafe practices and dishonesty with the logged hours.
Similar to the miles covered, drivers are required to report their off-duty time. This information may not align with the other information in the log book, and discrepancies can again provide valuable information regarding the operator’s ability to follow federal regulations.
As you may have deduced from this article, fatigue due to too many hours is a leading cause of accidents. Drivers sometimes have quick turnarounds or short deadlines and may feel pressure to meet them, so they inappropriately log their hours and continue to drive even after fatigue.
Distracted driving is also a leading cause of accidents, as is a truck or trailer malfunction. The daily inspections that drivers must do is an attempt at reducing truck issues. Standard malfunctions are relative to brakes or tires and can quickly cause a devastating accident.
Speeding, improperly distributed load, and driving under the influence are common causes of accidents.
A truck driver’s log book is imperative to review after an accident. This can help your attorney determine many essential facts from the scene. It is also important for the employer and owner of the truck driver’s company to get involved to ensure adequate training is completed, that licensing and other regulations are current, and more.
If you were injured and are in the middle of a personal injury case, we can confidently assist you. There are several pieces of evidence to help establish who was at fault and ensure compensation for your injuries. We have an experienced investigation team that will ask you the right questions and collect all the evidence. Truck insurance companies are some of the hardest to negotiate with. They have their lawyers, let us fight back for you.
Call our office today at (812) 247-8416 to learn more about how we can best assist you. Along with our experience and knowledge in helping our personal injury clients, we have an unmatched passion and dedication.
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]]>The post Who Can File a Wrongful Death Claim in Indiana? appeared first on McGlone Law.
]]>A wrongful death claim is a type of civil lawsuit. If a person is negligent and kills someone, a wrongful death lawsuit can be filed against the negligent party, on behalf of certain relatives of the deceased person.
A wrongful death claim is typically brought by the surviving family members or dependents of the deceased person against individuals that knowingly or negligently caused the death of their loved one. These cases could be brought against someone even if they were not criminally charged with the death of a person.
Several reasons can lead up to the need for a wrongful death claim. Some of the most common are listed below:
Car accidents – drivers that operate a vehicle while impaired, distracted, or aggressively are some of the most common reasons for wrongful death suits. The person with fatal injuries may have been in another car or a pedestrian or bicyclist.
Medical malpractice – Doctors, nurses, other medical professionals, and hospitals are held to a “duty of care” for their patients. If it can be proven that this duty of care was not met either through negligence or choice, a wrongful death claim may arise.
Criminal acts – as mentioned above, whether a person is charged with murder or found innocent, a wrongful death claim against that person may still be a viable option for surviving family members. An individual may be found not guilty of murder but still lose a wrongful death suit if the evidence is clear. This is what happened in the O. J. Simpson case.
Defective products – faulty manufacturing, defective design, deceptive product instructions, or failure to warn of safety issues with a product may result in a wrongful death claim.
Work Environment – if an individual dies during an accident in the workplace that was the fault of someone other than the employer, a wrongful death suit may ensue. For example, if the employee of a construction business was killed as a result of negligence of a different employee on a jobsite, the negligent person may be liable in a wrongful death case.
Damages may be awarded in successful wrongful death cases that cover the costs of losses endured by the plaintiff. This may include medical and burial expenses, lost income, loss of services, and loss of love and affection.
If the deceased is a child, this means that they are either under the age of 20 and without dependents, are under the age of 23 without dependents but enrolled in college, career training, or other applicable endeavors, or is a fetus who has reached a viability age. If the deceased falls in this category, losses that can typically be recovered are medical costs, funeral expenses, reasonable therapy costs, and more.
If the deceased is an adult without independents, the standard damages that relatives can recover would be for funeral or burial expenses, medical costs, and loss of the person’s companionship, with a general cap of $300,000.
Married adults or adults with dependents can typically recover damages for medical and funeral costs, loss of companionship and guidance or training from the parent, loss of future earnings that the deceased’s family will no longer have, loss of the value of services, and loss of love and companionship.
As with the categories stipulated above, those who can file a wrongful death claim or suit will depend on the person who passed and what family relation they were with the deceased.
If the deceased was a child, the lawsuit must be filed by one or both of the parents. If the parents are divorced, the parent with legal custody of the child can file the claim. If both parents have been denied their parental rights, or the child has a legal guardian for other reasons, the legal guardian can typically file a wrongful death claim.
If the decedent was an adult, the person who can file a wrongful death claim is an administrator appointed by the court to pursue the wrongful death claim
An administrator is appointed to pursue the wrongful death claim. This person can be an immediate or extended family member or someone otherwise appointed by the courts as the administrator. This is a difficult legal proceeding from the decedent’s probate estate.
If the deceased has appointed a personal representative in a will or estate plan, this person may be appointed by the court to pursue the wrongful death claim.
The personal representative will have two years to file a wrongful death claim to remain within the statute of limitations in Indiana.
Generally speaking, clients with an experienced attorney as their advocate can expect to obtain several times what they can recover independently. Let us advocate for you and your family during this trying time and allow you to focus on what matters. We are a dedicated and determined team who will work tirelessly for you and your family.
Call our office today at (812) 247-8416 to get started.
This is not finished. Factual inaccuracies have been corrected in the first pass through**
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]]>The post What Does Indiana Law Say About Moving a Car After an Accident? appeared first on McGlone Law.
]]>If you are still unsure about traffic laws and your legal responsibilities, contact our law firm and ask to schedule a free consultation to learn more information.
Even though Indiana law stipulates that vehicles move to avoid impeding traffic, there are some exemptions to the law. For example, if the accident results in a serious injury, entrapment, or death, it is not recommended that the vehicle be moved to help avoid further injuries.
Additionally, if the vehicle involved in a crash is hauling any hazardous material, it should not be moved. Any attempt to drive the vehicle could result in an increased risk of fire, spill, or explosion.
If your vehicle has been involved in an accident, there are certain steps you need to take immediately to safeguard your well-being and that of any passengers you may have with you.
These steps include:
You should never speak with the other party’s insurance company without consulting an attorney. The offer may seem tempting, but it is likely not in your best interests.
Before making an agreement with an insurer, be sure to consult with an experienced attorney who can help you understand all of your legal options.
If you have been involved in a car accident, you need an experienced lawyer to help you navigate the often-confusing claims process. Our knowledgeable attorneys will act as your legal advocate with the insurance company and work to obtain a settlement that is in your best interests.
Contact our law firm by calling 812-247-8416 and asking to schedule a free consultation to discuss your case and answer your legal questions.
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]]>The post Can I Sue or File a Claim Without Having a Police Report? appeared first on McGlone Law.
]]>Nevertheless, having a police report is not necessary to initiate a claim. Therefore, if you would like to sue and file a claim without a police report, contact our law firm and ask to schedule a meeting with a qualified legal team member who can provide you with a free case evaluation.
A police report is a useful tool for understanding the facts and circumstances of an accident that occurred. The police report can provide insurance adjusters and attorneys with a clear view of what happened, including eyewitness testimony, a description of the accident, and other vital details.
However, if you are involved in a motor vehicle accident that includes extensive property damage, a crime has taken place that caused the accident, or you have sustained injuries, it is in your best interests to call the police to file a report.
Even if the police do not come to the scene of your accident, you may file a report. You should be prepared to collect as much evidence as possible such as video, photos, and other pertinent information regarding the accident. You should be ready with the day, time, location of the accident, and the other party’s driver’s license and license plate information. You may also want to include any potential witnesses’ names and contact information. To file the report, go to the nearest police station where the accident occurred.
If you are considering filing a claim without a police report, you must still adhere to Indiana’s statute of limitations. The statute of limitations stipulates that personal injury victims have two years from the date of their injury to file a claim. Therefore, failure to meet the deadline will most likely result in your claim being dismissed even if you have legitimate grounds to file a lawsuit.
If you do not have a police report, our personal injury law firm may still be able to assist you with filing a claim. Our attorneys are well experienced and have a proven track record of recovering maximum compensation for our clients who have been injured in accidents.
Contact our law firm by calling 812-247-8416 and asking to schedule a free consultation to discuss the facts of your case.
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