Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

Death of man along road may be wrongful death situation

Published on: February 1, 2016 | by Barsumian Armiger

Fire department personnel were shocked and dismayed to respond to a recent car accident because the victim was one of their own. An intern with the Indiana fire department was the victim, and he was helping with a tow truck alongside the roadway when the accident occurred. The 20-year-old died of his injuries, which may possibly open the door to a wrongful death case if some percentage of liability can be placed upon the driver who hit the young man.

The young man was outside of a house on a Thursday night where he was trying to help his brother. They were getting a pickup truck off of a tow truck and were on the edge of the driveway. A car came along and hit the man. His brother, who was volunteer firefighter, attempted to save the man, but those attempts proved to be futile.

The man who hit the fire department intern was transported to a hospital for injuries he received in the crash. Investigators have said there is no reason at this point to believe impairment was a cause of the accident. A fire chief speaking about the accident pointed to the narrow roads and high speeds when discussing how this unfortunate turn of events affected one of their own.

Car accidents in Indiana can become dangerous when fire erupts

Published on: January 31, 2016 | by Barsumian Armiger

A multi-vehicle collision may create chaos on the road, leading to road closures as the scene and damages are assessed. But car accidents that involve vehicle fires can become even more dangerous and urgent for victims and anyone else around. One car accident in Indiana resulted in a road closure for a few hours, and two of the three vehicles caught fire as three people suffered injuries.

The accident happened in the middle of the night as a Ford Explorer was stranded on the shoulder of the road because of a flat tire. A 21-year-old man was sitting in the passenger seat of the Ford when a Dodge Durango came along and hit the Explorer. Then, both vehicles ended up in a lane of traffic, where a third vehicle struck the Explorer. That third vehicle hit a concrete barrier afterwards.

Two of the vehicles caught fire. A police officer on the scene had to break a window of one vehicles to get the doors open. Three people involved were transported to the hospital for injuries suffered in the melee. Everyone involved was wearing seatbelts at the time. The road was closed for about two hours.

Distracted driving in Indiana can cause car accidents

Published on: January 27, 2016 | by Barsumian Armiger

A split-second reaction to a minor distraction can quickly lead to a car accident. Car accidents caused by these little distractions, such as a spilled drink, can have devastating results, as was the case recently in Indiana. A woman reacting to a spilled drink caused a bus to overturn and injure several of the bus occupants.

The accident involved a high school basketball team bus as they were heading to a game. A woman sideswiped the bus after the drink spilled on her. This caused the bus to flip over on the highway.

According to reports about the accident, between 16 and 25 people suffered injuries, although it is not known if that number includes the car driver or only accounts for the bus occupants. All of the occupants of the bus were transported to a hospital. The coach of the team needed to be airlifted for treatment for injuries. The portion of the highway where the crash occurred was shut down for hours as police investigated the incident.

Motorcycle versus car accidents can be deadly in Indiana

Published on: January 21, 2016 | by Barsumian Armiger

Anytime there is a collision between a car and a motorcycle, there is a greater chance the motorcyclist will be more seriously injured due to the difference in the vehicles. Motorcycle and car accidents that lead to injuries can also lead to civil suits where victims can get the monetary damages they need to move forward after an accident. A recent motorcycle versus car accident in Indiana was so severe, the motorcyclist lost his life.

The accident happened just after noon on a Friday. An 80-year-old man was behind the wheel of a Buick and was in the process of making a left turn. He reportedly drove into the path of a motorcycle that was being operated by a 32-year-old man.

The motorcyclist died from severe head trauma after being transported to an area hospital. The Buick driver was not injured in the crash. Toxicology tests were conducted but police do not think alcohol or drugs played a role in the accident. The investigation into the accident was said to be ongoing.

Wrongful death suit may prove necessary for families

Published on: January 17, 2016 | by Barsumian Armiger

While the death of a loved one is difficult under any circumstances, the loss may be made all the more devastating if it comes about as the result of someone else’s negligence. Despite the emotional upheaval and duress a family may suffer, a wrongful death suit filed in an Indiana civil court may be appropriate. A successfully navigated claim may provide a means of dealing with the economic losses sustained by holding a tortfeasor financially accountable.

There are a number of situations that may justify a wrongful death suit. In addition to fatal car accidents, slip and fall accidents that result in death may also be grounds for a civil claim for damages. A dangerous product, such as a toy that causes a victim to choke, may also fit the criteria necessary to pursue a wrongful death lawsuit in civil court.

The process of pursuing this kind of litigation may provide some sense of closure to surviving families. It may also result in financial redress for monetary damages sustained, which may help pay for outstanding medical bills, funeral and burial expenses. Other applicable damages may relate to the loss of the victim’s income and/or companionship.

Medical Negligence on the Rise in Indiana

Published on: January 13, 2016 | by Barsumian Armiger

According to a recent Evansville Courier and Press story, medical negligence is on the rise in Indiana as reflected by data collected by the Department of Health. According to the Courier story, the most common preventable medical errors were pressure ulcers aka bedsores, followed by incidents of foreign objects left in patients after surgery. And, in spite of growing precautions, a local surgery center even reported three cases of surgery being performed on the wrong body part.

Although some might think a “preventable medical error” automatically equates with a successful medical negligence claim in court, this is not necessarily so. To prevail at trial in a legal case alleging medical negligence in Indiana, the injured patient must first prove through admissible evidence that there was a breach of the standard of care. And, second, the injured patient must prove through admissible evidence that the breach was a substantial contributing factor to the ensuing harm suffered, i.e. the breach is what caused the injuries alleged. Even if a healthcare provider were to admit causing an error, they might vehemently disagree with the nature and extent of damages alleged.

Unlike some States–such as Kentucky–where an individual may immediately file a medical negligence lawsuit in court, an individual pursuing a medical negligence claim in Indiana must generally first proceed by filing a proposed complaint in the Indiana Department of Insurance. Only after a medical review panel (chaired by a non-voting lawyer and three voting physicians) reviews the evidence and issues an opinion on breach and causation may a lawsuit proceed in court. Even once the lawsuit is allowed to proceed, the damages that may be recovered at trial are subjected to Indiana’s statutory cap.

Multi-vehicle car accidents in Indiana can be deadly

Published on: January 8, 2016 | by Barsumian Armiger

A woman has lost her life after being the victim of a multi-vehicle car accident recently. The tragedy occurred when one individual tried to back a trailer onto a driveway. Unfortunately, car accidents of this nature in Indiana are typically devastating — surely for the victims and usually for the surviving families as well.

A 54-year-old was towing a trailer and in the process of backing up into a driveway. The pickup truck with the trailer was in the southbound lane of the roadway. A car driven by a 49-year-old woman came along from the northbound direction. It hit the trailer and then spun around and ended up in the southbound lane. Unfortunately, the headlights of the car were disabled, and a third vehicle collided with her car head-on.

The woman was removed from the vehicle by rescue personnel and taken to a nearby hospital for treatment of injuries suffered in the crash. A short time after arriving at the hospital, she was pronounced dead. The other drivers involved were not injured.