Who Is At Fault in a Lane-Change Causes Accident?

Drivers owe a duty to their passengers and others on the road to follow the law and operate their vehicles in a safe and reasonable manner. So, when changing lanes, a driver should judge the distance from other cars, check his or her mirrors and use turn signals before going through with the maneuver. If a driver fails to take those steps, and in turn causes a car accident, that driver may be liable for negligence. In some cases, the other driver may be partially responsible as well.

Unfortunately, these accidents happen all too frequently in Fort Wayne and throughout Indiana. In 2018 alone, more than 5,300 crashes occurred on state roads due to “improper lane usage,” including nine fatal crashes, the Indiana University Public Policy Institute reports.

If you were recently injured in a lane-change accident, and another driver was at fault, you may be entitled to compensation for your medical expenses, lost wages, pain, suffering and more. At Truitt Law Offices, we can provide a free review of your case and help you to determine all options available to you. For more than 40 years, we have protected the rights of accident victims throughout Indiana. We care. We listen. And we are ready to help. Contact us now to discuss your case.

Why Do Lane Change Accidents Happen?

As we have seen at Truitt Law Offices, lane change accidents commonly occur because of the negligence of the driver who was making the lane change. For instance, the driver may change lanes without first:

• Checking rear and side mirrors for cars in nearby lanes
• Leaving sufficient distance from other cars
• Giving a proper signal (using turn lights or hand signals)
• Yielding when the driver lacks the right of way
• Making a complete change (in other words, the driver is partially in two lanes).

A driver can also be responsible for a lane-change accident if the driver causes a crash due to changing lanes:

• While entering a curve or going uphill where the driver can’t see other cars
• In an area where a lane change or pass is illegal (typically marked by signs or double solid yellow center lines)
• In traffic or weather conditions which would make the lane change unsafe such as in snow, ice, fog or heavy rain.

If a driver violates the law and causes a lane change accident – for example, the driver changes lanes without using a turn signal or completely disregards a yield sign when merging onto a road – the driver’s negligence may be presumed as a matter of law. This is a legal concept known as negligence per se.

In some cases, the other driver may be at fault. For instance, the driver may be distracted and fail to see that the driver in front is changing lanes, or the driver may be following too closely and can’t slow down on time to avoid crashing into the rear of the front car.

How Can You Prove Fault in an Unsafe Lane-Change Accident?

At Truitt Law Offices, we thoroughly investigate car accidents. We want to be prepared to present a solid case for damages to the at-fault driver’s insurance company or, if necessary, to a jury at trial. If you were hurt in a lane-change accident, we will move efficiently to gather and study evidence such as:

• Photos of the vehicles involved in the crash and surrounding scene
• Any available camera footage (from a nearby surveillance or red-light camera)
• Black box data (revealing a driver’s speed, braking and other information)
• Cell phone records (showing whether a driver was texting or talking on the phone)
• Blood, breath or urine test results (revealing whether a driver was impaired by alcohol or drugs).

In some cases, we turn to accident reconstruction experts to help us to determine who was at fault in a lane-change accident. An expert can analyze all of the evidence and prepare a report about the cause of the accident. The expert’s report can play a major role in settlement discussions with the at-fault driver’s insurance company. The expert may also testify if a case goes to trial.

Can You Share Fault in a Lane-Change Accident?

Not all lane-change accidents are the fault of only one driver. In many crashes, both drivers share fault. For example, one driver may change lanes without checking mirrors or using signals, which leaves the driver in the rear with no idea that a lane change is about to happen. However, the rear driver may still have been able to avoid the collision if he or wasn’t speeding, tailgating or distracted by a text or phone call.

Under Indiana’s comparative fault system, you could still recover damages in such an accident – even if you were partially at fault. However, your damages would be decreased according to the percentage of fault assigned to you. For instance, if you were deemed to be 25 percent at fault in a crash in which you suffered $100,000 in damages, your damages would be limited to $75,000. If you were more than 50 percent at fault, then you would be barred from recovering any compensation.

Because of this law, an insurance company may try to blame you – in whole or in part – for a lane-change accident which has left you with serious injuries. At Truitt Law Offices, we know these insurance companies operate. You can count on us to counter these tactics and fight for all compensation you are due.

Get Help from an Experienced Fort Wayne Car Accident Lawyer?

A car accident of any kind can turn your life upside down. Suddenly, you may be faced with medical bills, car repair bills, lost income and many other worries – all while you are coping with the pain from your injuries. The last thing you should worry about is handling your car accident claim and dealing with insurance companies.

At Truitt Law Offices, we can take that pressure off your shoulders and take care of every aspect of your claim. Our goal will be to recover the maximum amount of compensation for you so that you can get the medical care that you need and move forward with your life. To learn more about how we can help you, call or reach us online today and schedule a free consultation through our office in Fort Wayne, Huntington or Indianapolis.

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Are You Required to Wear a Motorcycle Helmet in Indiana?

Indiana has no universal helmet law, or a law that requires anyone who rides a motorcycle to wear a helmet. The state repealed its universal helmet law in 1977. Today, only motorcycle operators and passengers under age 18, or operators with a learner’s permit, must wear a helmet in our state.

At Truitt Law Offices, we believe that every motorcycle rider should wear a helmet at all times when they are on the road. Studies show that helmets save lives and help to prevent traumatic brain injury (TBI) and other serious injuries in motorcycle accidents. However, we also respect the rights of adults to ride without a helmet.

If you were hurt in a motorcycle accident that someone else’s negligent actions caused, we will work hard to pursue maximum compensation for you, regardless of whether you were wearing a helmet at the time of the crash.

How Does Indiana’s Helmet Law Work?

Indiana’s motorcycle helmet law is found at Ind. Code § 9-19-7-1. The law specifically requires anyone under age 18 who operates or rides as a passenger on a motorcycle to wear:

• A helmet that meets federal safety standards, and
• Protective glasses, goggles or a transparent face shield.

Typically, you can tell whether a motorcycle helmet meets Federal Motor Vehicle Safety Standard (FMVSS) 218 if it has a “DOT” sticker on the back of it. However, some manufacturers or distributors put counterfeit “DOT” stickers on helmets. So, you shouldn’t rely on the sticker alone.

To ensure that you are wearing a helmet that meets FMVSS 218, you should look for one that has:

• At least a one-inch thick foam inner liner
• Sturdy chin strap and solid rivets
• A weight of at least three pounds
• No features which extend farther than 2/10-inch from the helmet’s surface.

If a helmet meets Snell or American National Standards Institute (ANSI) standards, then it should meet federal standards as well. If you buy a “novelty helmet,” it may not meet any of those standards and comply with Indiana law. As a result, it may provide little to no protection if you should get into an accident.

Keep in mind: Most motorcycle helmets today come equipped with a face shield. If you buy one that does not, then you need to make sure that you wear glasses or goggles.

Indiana also requires novice motorcycle riders who have a learner’s permit to wear a helmet – regardless of age. If you are an adult who meets all of the requirements to obtain a motorcycle endorsement on your Indiana driver’s license, then you can ride without a helmet if you choose.

Why Should You Wear a Motorcycle Helmet?

At one time, virtually every state had a universal helmet law. However, in 1976, Congress took away the federal government’s power to penalize states that lacked such laws by, for instance, depriving them of highway safety dollars. Today, only 19 states have a universal helmet law, as the Governors Highway Safety Association (GHSA) explains. Indiana is among 28 states with limited helmet laws. Only three states – Iowa, Illinois and New Hampshire – have no helmet law at all.

So, should you wear a helmet even if the law does not require you to wear one? Most safety experts will say yes. Helmets simply provide a host of safety benefits. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that helmets are 37 percent effective in preventing fatalities among riders and 41 percent effective in preventing deaths among motorcycle passengers.

Several different studies have shown that motorcycle helmets help to prevent:

• Traumatic brain injury
• Skull fractures
• Cervical spine (neck area) injury
• Eye injury
• Ear injury.

Even if you are the safest motorcycle rider, the fact remains that you cannot control what others do. Any time you take your motorcycle on the road, you face the risk of getting hit by a negligent driver. If you wear a helmet, you will clearly minimize your risk of suffering serious injury or death.

What Happens If You Get in a Motorcycle Wreck While Not Wearing a Helmet?

Even if you are legally permitted to ride without a helmet, an insurance company may try to use your lack of a helmet against you if you get into a crash and file a bodily injury claim. This is because of Indiana’s modified comparative fault system. Under this system, you can be barred from recovering any damages in a personal injury lawsuit if you are found to be 51 percent or more at fault for your injuries. Otherwise, you can still recover damages, but your damages may be reduced based on the percent of fault assigned to you.

For instance, an insurance company may claim that your failure to wear a helmet contributed 20 percent to injuries, so your damages should be reduced by 20 percent. If you suffered $100,000 in damages, the insurance company may offer only $80,000 in damages.

It is important to work with a lawyer who knows how to counter those tactics and protect the rights of motorcyclists. At Truitt Law Offices, we often work with doctors and accident reconstruction experts in motorcycle accident cases to establish our clients’ damages. We will know how to respond to an insurance company’s attempt to blame you for your injuries in a motorcycle crash, and we will demand maximum compensation for you.

We always consult with our clients in order to determine their needs and goals. If an insurance company refuses to make a settlement offer that you wish to accept after your motorcycle accident, then we will be prepared to fight for you at trial if that’s what it takes.

Our Fort Wayne Motorcycle Accident Lawyers Are Here for You

At Truitt Law Offices, we care about our clients and their future. If a negligent driver caused a motorcycle crash that has left you with serious injuries, we will work tirelessly to pursue maximum compensation for you – regardless of whether you were wearing a helmet. To discuss the specific facts of your case in a free consultation, contact us today. We can assist you from our offices located in Fort Wayne, Huntington or Indianapolis.

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Phil Truitt Off to Fast Start at Truitt Law Offices

Have you worked with Truitt Law Offices at any point in the last 20 years? If so, you probably saw or met Phil Truitt. As Richard Truitt’s son, he has been a regular at the firm’s Fort Wayne office since he was a kid.

However, on May 14, 2019, Phil Truitt became more than a “regular.” He became a licensed, full-time attorney on the law firm’s legal team.

He has been off to a successful start, too. Through his first six months with Truitt Law Offices, Phil has secured over $760,000.00 in settlements on behalf of his clients.

“It’s been a really smooth transition because I’ve been here for a long time, and I understand how we do things,” Phil says, “but also, we have an excellent staff. They have been there as support and helped me to achieve great things for my clients.”

Hitting the Ground Running

Phil earned his Business Management degree from Manchester University in 2015. He then went directly to Ohio Northern University’s Pettit College of Law and graduated in 2018. Even though he did some work in criminal defense and environmental law while in law school, he was naturally drawn to personal injury law and Truitt Law Offices.

He hit the ground running – to say the least. Eight days after he was admitted to the Indiana Bar, Phil got his first result – a $305,000 settlement for policy limits in a dog bite case.

The victim in that case, a child, had suffered puncture wounds to the thigh in an attack by a neighbor’s pit bull. Through investigation, Phil found social media posts which showed that the dog owner knew of the pet’s prior bites.

“That case purely involved negotiations between me and the insurance adjuster – lots of e-mails going back and forth,” Phil says. “But I had spent a month preparing for it and spending time with the client.”

“So, before we got to the final settlement, I had an answer for every argument that the adjuster had for why she couldn’t pay more,” he says. “I was able to rebut her with the facts immediately due to my preparedness.”

More recently, Phil secured a $250,000 wrongful death settlement on behalf of the family of a young man who lost his life in a moped accident. Again, the settlement was for the policy limits.

In that case, Phil uncovered evidence showing that the driver who hit the man on the moped was distracted at the time of the crash. He also could point to Indiana statutes which established that the man was operating his moped in a safe, legal manner when the wreck occurred.

The family had called Phil on his cell phone to tell him about the case. He secured the settlement for them within 3 months.

“He had lived with his parents, who were retired, and he took care of everything for them. So, getting the case settled for policy limits gave them the ability to quickly hire someone to mow the yard, clean the gutters, get the groceries … they were really lost, nothing will ever make up for the loss of their son, but we did what the law permits of us to help them” Phil says. “It also gave them much needed closure”.

Listening and Caring

As it turned out, during those years he spent growing up at the law firm, Phil was listening and learning. He observed how his father dealt with everyone from clients to insurance defense attorneys. He was ready to put those lessons to work.

For instance, he learned the value of preparation.

“I put the time into each and every case induvidually so that I have a game plan from the start – even if I don’t show all my cards from the start,” Phil says. “I often know what every single response from opposing counsel is going to be and am prepared to rebut.”

Taking the time to listen to his clients, in that sense, may be the most important lesson that he learned from watching his father at work.

“What really helps me is taking the time to sit down with each one of my clients before I get into the weeds of settling their claim. Knowing them on a personal level and understanding them helps me to advocate for them and fight for them as if it were my own life,” Phil says.

“Our mission statement is, ‘We listen. We care.’ And it’s really resonated with me over these last few months,” Phil says. “People just want to be heard and respected, and they want to know that you will do your best work for them.”

Grateful Clients

Phil was pretty sure that he was prepared for anything that came his way when he started at Truitt Law Offices in May. However, one thing he was not exactly prepared for – the reaction of his clients.

“I think I underestimated how grateful people can be,” he says.

For instance, he recently settled an injury case on behalf of a client whose property damage claim had been resolved several months earlier. The client wasn’t even sure she still had a case.

“She kept telling me that it was impossible for me to understand how much this money would change their lives right now,” Phil says. “It’s those moments that really stand out.”

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