Everything You Should Know About Wrongful Death Lawsuits in Indiana

Did you lose a loved one in an untimely accident in Indiana? Did someone’s careless, reckless, or intentional actions cost them their life? Unfortunately, preventable accidents are a leading cause of fatalities in Indiana, and surviving family members are often left to pick up the pieces without answers or justice.

If someone in your family died due to someone else’s careless actions or failure to act, know that you’re not alone. A skilled wrongful death lawyer can help you seek compensation and a measure of closure.

The Fort Wayne wrongful death lawyers at Truitt Law Offices have more than 40 years of experience helping grieving families fight for fair compensation.

A lawsuit can be a way to hold whoever caused their death responsible for what they’ve done and seek a measure of justice on behalf of the deceased. A wrongful death suit can also help you recover the money you’ll need to cover your funeral and burial costs, medical bills, and other expenses.

For more information on wrongful death lawsuits in Indiana, contact our office for a free consultation.

What Is an Indiana Wrongful Death Lawsuit?

A wrongful death lawsuit is a personal injury claim made by the surviving family members of someone who has died in an accident that was someone else’s fault.

Specifically, Indiana law defines wrongful death as any death caused by someone else’s wrongful actions or an act of omission. This definition includes accidents due to negligence, such as car accidents or medical malpractice, as well as intentional acts like assault or murder.

What Types of Events Can Result in an Indiana Wrongful Death Lawsuit?

Some of the most common events that can lead to wrongful death include:

• Car accidents

• Motorcycle accidents

• Semi-truck accidents

• Bicycle accidents

• Premises liability accidents (slips-and-falls, for example)

• Construction accidents

• Medical malpractice

• Defective products

• Nursing home abuse and neglect

• Intentional acts of violence

Who Can File a Wrongful Death Lawsuit in Indiana?

The parties eligible to file a wrongful death lawsuit in Indiana depend on the age of the person who died. If the deceased was a child, then one or both parents, or the child’s legal guardian, can file a wrongful death lawsuit.

For wrongful death claims, Indiana law defines a child as:

• Someone who is not married, has no dependents, and is younger than 20 years old.
• Someone who is not married, has no dependents, is younger than 23 years old, and is enrolled in college, a career or technical school, or some other educational program.
• A fetus that has reached viability.

If the deceased was an adult, then the only party who can file a wrongful death lawsuit is the personal representative of the deceased’s estate. The personal representative is sometimes referred to as the “executor” of the estate. The personal representative is frequently a family member, but the deceased can name anyone they want as their personal representative. Regardless of who is representing the deceased’s estate, it’s up to them to file a wrongful death lawsuit.

What Types of Damages Are Available in an Indiana Wrongful Death Lawsuit?

Compensation in wrongful death claims is tricky because specific rules say what compensation can or cannot be awarded in a lawsuit. Broadly speaking, compensation in wrongful death cases works like this:

• If the deceased was a child, the parents or legal guardian could be awarded compensation for the loss of the child’s services, the loss of the child’s love and companionship, the child’s health care expenses, the cost of counseling for the parents or young siblings, and any outstanding debts the deceased had.
• If the deceased was an unmarried adult with no dependents, the deceased’s estate could be compensated for funeral and burial expenses, medical bills, and the loss of love and companionship.
• If the deceased was married or had surviving dependents, the deceased’s estate can be awarded compensation for funeral and burial expenses, medical bills, the loss of the deceased’s future earnings, and the loss of love, affection, care, guidance, and training.

How Is Wrongful Death Compensation Distributed in Indiana?

In wrongful death lawsuits related to the death of an unmarried adult without dependents, any compensation for medical bills and funeral and burial expenses goes to the estate. Any remaining compensation will go to the deceased’s parents or non-dependent child. To claim any compensation, the deceased’s parents or non-dependent children must prove that they had an ongoing, substantial, and genuine relationship with the deceased.

If the deceased was married or has any surviving dependents, their estate will claim any compensation related to medical bills and funeral or burial costs. Any remaining compensation goes to the deceased’s surviving spouse, any dependent children, or the deceased’s other dependent relatives.

How Long Do I Have to File a Wrongful Death Lawsuit in Indiana?

All personal injury lawsuits in Indiana, including wrongful death claims, are subject to the Statute of Limitations. This law gives you two years from the date of the deceased’s death to file a wrongful death lawsuit. If you have not filed a wrongful death lawsuit by this deadline, your case will almost certainly be thrown out, and you’ll lose your chance to recover compensation.

Do You Need an Indiana Wrongful Death Lawyer?

In a word, yes.

First, you’re in no shape to work on a wrongful death lawsuit if you’ve just been through a family tragedy. A wrongful death lawyer can handle the legal grunt work while you focus on healing and dealing with your grief.

Second, wrongful death lawsuits aren’t easy to win. You’ll need convincing evidence that the party responsible for your family member’s death was somehow negligent and that their negligence directly led to the untimely death. An experienced wrongful death lawyer will know what evidence to look for to prove negligence so you can claim fair compensation for the loss you’ve suffered.

If you’ve lost a loved one and have questions about wrongful death lawsuits in Indiana, contact Truitt Law Offices today for a free initial consultation with one of our knowledgeable lawyers.

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What Should You Not Say to the Insurance Adjuster After an Accident in Indiana?

Before insurance companies agree to pay car accident claims, they rely on adjusters to investigate accidents and determine whether they believe the company should be liable. Insurance adjusters often come across as friendly and sincere, but it’s essential to remember these individuals act on behalf of insurance companies and not in your best interest.

Anything you say to an insurance adjuster can significantly impact the way they perceive your case. That could end up costing you money if you’re not careful. Since you will likely need to speak to an insurance adjuster at some point after your accident, Truitt Law Offices has provided the following guide to help you understand what you should and should not say to them.

If you were involved in an Indiana traffic collision and are dealing with an insurance adjuster, Truitt Law Offices can help. We can handle communications with the insurance company on your behalf. Contact us today to learn more about your legal options in a free initial consultation.

What Should I Tell the Insurance Adjuster After an Accident?

Anytime you speak to an insurance adjuster, keep in mind that they are constantly looking for ways to save their employer money by minimizing your claim. Generally speaking, it’s best to simply have all communication with the insurance company go through your lawyer.

However, if you don’t have legal representation yet, you can provide the adjuster with basic facts and details, such as:

• Your full name

• Your address and contact information

• The time, date, and location of the accident

• The other driver’s information

• Identifying information about any vehicles involved

• Contact details for any eyewitnesses

You should avoid sharing the following types of information or statements:

• Do not provide personal information such as your employment or financial status.

• Do not provide unverified information or guesses about what happened.

• Do not apologize or admit fault for any aspect of the crash.

• Do not indicate that you feel okay or discuss your injuries or overall health.

• Do not provide any written or recorded statements.

What Do Insurance Adjusters Look For?

When insurance adjusters investigate accidents, their main goal is to determine whether the insurance company is responsible for paying money to settle a claim and, if so, how much. If an adjuster finds that the insurance company is liable, they will begin looking for possible reasons to reduce the amount of money the insurer owes.

First, adjusters will look into the accident to determine its cause and whether the claim is fraudulent. Adjusters often perform physical inspections of the vehicles involved. They may also look over accident reports, witness statements, and other types of physical evidence.

Next, the adjuster may try to investigate your medical history. They may even ask you to sign a release to grant them access to all of your medical records to determine whether you have any prior injuries or pre-existing conditions that they can use to justify reducing your claim. For this reason, it’s important to never sign a release before talking to an attorney.

The insurance adjuster may also attempt to speak with you. They may behave like a good-natured customer service representative to put you at ease and nudge you into making casual statements that could damage your case. Their priority is to find any excuse to save the insurance company money by paying you little to nothing.

How Do Claim Adjusters Determine Fault and Compensation?

Claim adjusters determine who they believe was at fault in an Indiana car accident by evaluating various evidence related to the case. They may also review the text of local laws and court cases to determine whether any of the parties involved committed any legal violations.

Once an adjuster assigns fault in an accident case, they will look into multiple factors to determine how much money the company owes. In most cases, the value of an initial settlement offer from a claim adjuster is substantially lower than the total value of the case. Adjusters make these lowball offers in the hopes that accident victims will accept them out of desperation and save the company money.

If you receive a settlement offer early in your case, don’t accept it without first consulting with a knowledgeable attorney. Once you take a settlement offer, you can’t go back and demand more money later, even if you discover new injuries or symptoms related to the accident. A lawyer can help you calculate the full extent of all your losses in the car accident and demand the compensation you deserve.

Do Adjusters Have the Final Say in My Case?

While insurance adjusters have the authority to settle a claim from the insurer’s perspective, they do not have the final say in your overall case. That responsibility ultimately lies with the courts.

Insurance companies often authorize adjusters to make settlement offers over the phone. If you accept an offer, the adjuster can finalize your case. However, adjusters are typically not allowed to make offers that exceed specific dollar amounts.

Adjusters are trained not to reveal the upper limits of their ability to make settlements unless they want to make offers worth more than they can authorize. If this occurs, the adjuster must typically request approval from a claims supervisor or manager.

How Can a Car Accident Lawyer Help You After an Accident?

At Truitt Law Offices, we know how intimidating it can be to handle an insurance claim on your own. But, you don’t need to do that. When you work with us, we can communicate with the adjuster on your behalf and manage the most challenging aspects of your claim while you focus on your recovery.

Contact us today to start your free, no-risk case review for more information about how we can help.

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Why Do I Need a Lawyer for a Motorcycle Accident in Indiana?

If you are involved in a motorcycle accident in Indiana, the odds are that you may have significant injuries as a result. According to the Public Policy Institute at the University of Indiana, more than 70% of motorcyclists involved in a collision in 2019 were either injured or killed. Motorcyclists often sustain serious crash injuries because motorcycles lack the safety features that are standard on passenger vehicles. After an accident, an injured rider may experience financial stress due to medical bills and the loss of income.

You may seek compensation for your injuries on your own but doing so can be challenging and stressful if you are coping with severe injuries and the demands that come with recovering from an accident. You will be at a disadvantage in negotiating with an insurance company if you don’t have an experienced motorcycle accident lawyer handling injury claims. The at-fault driver’s insurance company will have lawyers to protect their interests. You’ll have a better chance of receiving full compensation if an experienced Indiana motorcycle accident lawyer is representing your interests.

Why You Should Seek Legal Help After a Motorcycle Accident

There are numerous reasons why it’s important to retain an experienced personal injury lawyer if you’ve been injured in a motorcycle accident by another motorist.

Some of the primary reasons are that:

• It’s hard to pursue a personal injury claim when you’ve been injured. You may be in the hospital for days or weeks after a motorcycle crash, depending on the extent of your injuries. You may be undergoing physical therapy and rehabilitation for months. You shouldn’t have to spend this difficult time negotiating with uncooperative  insurance companies or trying to track down evidence to support your claim. An experienced attorney can start working on your injury claim immediately while you focus on your recovery.
• Personal injury claims can be complicated. There may be multiple drivers or other parties who may be liable for your injuries. If so, you may need to file multiple claims to seek full compensation for your losses. You’ll need solid evidence to support your claim, or you won’t be able to prove that the responsible party was legally liable for your injuries. If you can’t reach a reasonable settlement, you may need to go to court to seek compensation. A motorcycle accident lawyer has the resources and training to negotiate a reasonable settlement and represent you in court if necessary.
• You’re likely to recover more compensation by hiring a lawyer. To recover full compensation for your injuries, you’ll need to document all the different kinds of losses you have sustained. In addition to more obvious losses such as your medical bills and lost income, there are intangible losses such as the pain caused by your injuries, the emotional anguish you suffered as a result, and your diminished quality of life. These losses are real, but they can be more difficult to prove in a claim. A lawyer can  help you prove these losses, so that you can recover full compensation for what you’ve been through.

How Can a Motorcycle Law Firm help Me?

If you’re worried about the cost of hiring a motorcycle accident attorney, you shouldn’t be. Our injury attorneys at Truitt Law Offices work on a contingency fee basis. We offer a free consultation to review your legal options. If we handle your case, we will only receive a legal fee if we secure money for you.

Our law firm will cover the upfront costs of your case, from the initial investigation of the incident to settlement negotiation to the trial, if necessary. Once your case has reached a resolution, your lawyer will be paid a percentage of the settlement or court award to cover the legal fee and case expenses.

Some of the tasks your lawyer will carry out include:

• Investigating the accident
• Gathering your medical records
• Preserving proof of your lost income, medical bills, and other economic losses
• Sending out requests for documents
• Planning your legal strategy
• Making sure key evidence is preserved
• Handling all communications with insurance companies
• Negotiating a settlement
• Going to trial if settlement negotiations fail

Why Do I Need a Motorcycle Law Firm For My Accident?

Strictly speaking, you are not required to have a lawyer to file a motorcycle accident injury claim. However, it’s a good idea to hire a lawyer to represent you if you have significant injuries. The costs of your medical bills, lost wages, and other expenses make it important to get as much for your claim as possible. You’re likely to recover more money than you would if you handled your case on your own. An experienced lawyer may identify insurance policies that are available to provide compensation to you that are not obvious.

To have the best chance of winning your case, you’ll need to gather evidence of fault and shape it into a narrative that demonstrates how the liable party was negligent. A lawyer has the knowledge, ability, and experience to see your case through to a successful conclusion.

Can I Handle an Accident Claim After a Motorcycle Accident?

You can bring a personal injury claim on your own, without the help of a lawyer. But you are likely to receive less compensation than if an experienced motorcycle accident lawyer handles your case.

Insurance companies have a vested financial interest in protecting their bottom line. The less money they pay out to settle claims, the bigger their profits. They are used to denying claims or making low ball offers to injured people who don’t have legal representation.

Without an experienced personal injury lawyer standing up for your interests and being ready to take your case to court if necessary, the insurance companies are unlikely to give you the full compensation you need and deserve.

Contact Truitt Law Offices Today

If you’ve been injured in a motorcycle crash caused by another driver in Indiana and your future is at stake, turn to the experienced motorcycle accident attorney at Truitt Law Offices. You may need extensive medical care and could be out of work. But you don’t have to face these challenges alone. Contact Truitt Law Offices today for a free initial consultation with an experienced Indiana motorcycle accident lawyer.

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Can I Make a Personal Injury Claim for PTSD and Emotional Distress Caused by an Accident?

When you’re hurt in a car accident, your first focus may be on the physical injuries you’ve sustained. But you shouldn’t ignore the emotional and psychological fallout from the crash.

These effects can be just as intense and just as harmful as any physical injury. Post-traumatic stress disorder (PTSD) and other kinds of emotional distress can make a recovery difficult after an accident. Treating PTSD can be much more challenging than many physical injuries.

Psychological injuries from a car accident are no less real than any physical injury, but they can be more challenging to prove. Help from a qualified attorney can make all the difference. Contact an Indiana car accident lawyer if you’ve suffered emotional distress related to a car crash.

The Fort Wayne personal injury attorneys at Truitt Law Offices have been helping car accident victims for more than 40 years. We have secured significant compensation for our clients. Contact any of our Indiana locations today for a free initial consultation.

What Are PTSD and Emotional Distress?

“Emotional distress” is a catch-all term for several different psychological effects resulting from a car accident. These effects can significantly diminish your quality of life and make everyday activities much more difficult or outright impossible.

Emotional distress can present symptoms such as:

• Increased anxiety
• Feelings of sadness or depression
• Feeling angry or irritable
• Mood swings
• Suicidal thoughts
• Flashbacks and nightmares
• Feeling detached from your own body or the world around you

PTSD is a related but separate condition from emotional distress. PTSD is a mental health disorder that results from someone experiencing a traumatic event, such as a car accident, natural disaster, being involved in war or combat, a terrorist attack, a rape, or being threatened with death, sexual violence, or a severe injury, for example.

According to the American Psychiatric Association, the four major categories of PTSD symptoms are:

• Intrusion – Refers to someone having involuntary thoughts or emotions about the traumatic event, even if they don’t want to think about it. Essentially, someone who has PTSD may relive their traumatic experience without being able to stop doing so. Symptoms of intrusion include things like racing thoughts, nightmares, and involuntary flashbacks.
• Avoidance – The flip side of intrusion, avoidance is when someone who has PTSD avoids being around people, places, activities, and situations that could remind them of the traumatic event and trigger unpleasant memories. People living with PTSD will often avoid talking about the incident, leading them to bottle up their feelings and experience additional symptoms.
• Changes in mood and cognition – Even if the victim did not experience any direct damage to the brain in a car accident, PTSD could cause severe changes in mood, memory, and cognition. People with PTSD may have difficulty remembering the traumatic event, and they may have ongoing feelings of deep guilt, confusion, or shame about what happened. PTSD can also cause victims to lose interest in their favorite activities or leave them feeling estranged from other people and the world around them.
• Changes in arousal and reactivity – PTSD can affect how your body responds to stimuli, causing you to overreact to harmless actions or events. People who have PTSD may jump at sudden or loud noises, or they might get upset at things that usually wouldn’t bother them. People living with PTSD also often have difficulty sleeping or concentrating because tiny disruptions cause a surge of adrenaline.

Can You Recover Compensation for PTSD and Emotional Distress from an Accident?

Accident victims with emotional distress and PTSD can pursue compensation for these injuries by filing a personal injury claim. As with any personal injury case, you’ll have to show that the psychological harm you’ve suffered in the crash is due to negligence on the part of another party.

Some of the parties who could potentially be liable for PTSD and emotional distress include:

• The other driver – If the driver who hit you was distracted, fatigued, impaired, or otherwise negligent, you could file a claim against them for the injuries you’ve suffered.
• The vehicle manufacturer – If the accident was due to a mechanical defect, such as a problem with the vehicle’s brakes or steering, then the company that made the vehicle or the defective part could be held liable for your injuries.
• Government agencies – Most roads are maintained by state or local governments. If the road where the accident occurred wasn’t kept in good condition, or there was another problem (such as a lack of proper warning signs), you could potentially hold the government liable for your injuries.

Proving PTSD and Emotional Distress in a Car Crash Claim

The main difficulty with proving PTSD and emotional distress after a car accident is that there are few physical symptoms you can use as proof. However, there are ways you can prove you’ve suffered PTSD or emotional distress after a crush, such as:

• Speaking to a doctor and having them document your injuries in your medical records
• Talking to a mental health professional and getting a diagnosis from them
• Noting any physical symptoms that may indicate emotional distress, such as ulcers, severe headaches, etc.
• Keeping a journal showing how your psychological injuries affect your daily life

What Should I Do If I Have PTSD and Emotional Distress Following an Accident?

You need to treat psychological injuries after an accident the same way you would a physical injury. If you have PTSD or suffer from other forms of emotional distress, talk to your doctor or seek help from a therapist or other mental health professional. They may prescribe medications to help control your anxiety and other physical symptoms. Working with a therapist, psychiatrist, or psychologist can help you learn to process and cope with the trauma you’ve been through. Psychological injuries can take a long time to heal, so be patient with yourself as you recover.

Get Help from an Indiana Car Accident Lawyer Now

The Indiana car accident attorneys at Truitt Law Offices understand the intense and lasting psychological harm from a severe accident. We know what you’re going through, and we’ll be ready to help you seek the compensation you need to seek treatment and put this accident firmly in the past.

Contact us now for a free consultation to discuss your accident and your legal options.

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The Dangers of Tractor-Trailers in Indiana

Tractor-trailers are an important part of Indiana’s economy, transporting goods throughout the state and across state lines. While trucks are essential, they also present unique hazards on the road because of their size and weight. There are numerous factors that could lead to a truck accident, which can leave accident victims with devastating injuries.

If you have been involved in an Indiana tractor-trailer accident, you know how dangerous these vehicles can be. You may be struggling to recover from your injuries and pay your bills. If the truck driver caused the accident, you may have grounds to pursue compensation for your losses in a tractor-trailer accident claim.

The experienced tractor-trailer accident attorneys of Truitt Law Offices can help. Contact us today to learn more in a free initial consultation.

What Makes Tractor-Trailers So Dangerous?

Tractor-trailers are giants among vehicles. A commercial truck carrying a full load of cargo can easily weigh 20 to 30 times more than a standard passenger vehicle. They are significantly taller and longer than other vehicles as well. In a collision, that weight difference means the smaller, lighter vehicle will generally sustain the brunt of the impact.

The size and weight of a tractor-trailer present the following issues that may increase the risk and severity of traffic accidents:

• Huge blind spots – Every vehicle has blind spots, but the size and length of a tractor-trailer mean that truck drivers have large blind spots on every side of the vehicle. They have to remain aware of any nearby vehicles located in the truck’s blind spots at all times. A truck’s blind spots increase the risk of blind spot accidents when changing lanes.
• Greater stopping distance – The weight of a loaded heavy tractor-trailer means that tractor-trailers require much longer distances to stop than automobiles. The stopping distance is even great on wet roads. If traffic ahead slows or stops suddenly, a truck driver may be unable to stop in time and avoid a rear-end truck accident.
• Greater ground clearance – Tractor-trailers sit much higher up off the ground than other vehicles, creating a structural incompatibility with smaller vehicles and the risk of serious accidents. The large gap underneath a tractor-trailer is especially dangerous to occupants of other vehicles in a crash. A smaller car may slide underneath the side or back of a truck trailer in what’s known as an underride accident.
• High center of gravity – Because tractor-trailers are so tall, they have a higher center of gravity than other vehicles. This can be an issue when truck drivers take curves too quickly or experience tire blowouts. The higher center of gravity contributes to rollover accidents.
• Wide turning radius – Compared with other vehicles, tractor-trailers have to make much wider turns around corners. This can increase the risk of accidents if drivers are forced to cross multiple lanes of oncoming traffic to navigate through a left-hand or right-hand turn.
• Intensive maintenance requirements – Tractor-trailers travel thousands of miles a month and require intensive routine maintenance to remain roadworthy. If truck owners neglect their truck’s maintenance needs, the failure of truck components such as brake failures or tire failure can lead to dangerous accidents.

How Do Most Tractor-Trailer Accidents Occur?

The majority of tractor-trailer accidents are caused by the negligence of truck drivers, other road users, or third parties who are involved in the operation of a commercial truck. Any of the following may be found responsible for a tractor-trailer accident, complicating the issue of determining liability:

• Truck drivers – Truck drivers may be responsible for accidents if they act recklessly or drive while distracted, intoxicated, or otherwise impaired.
• Other road users – Another driver may cause a tractor-trailer accident if the motorist violates traffic laws or drives in a way that causes a truck driver to collide with other vehicles.
• Trucking companies – A trucking company may be responsible for accidents caused by a truck driver it employs. The trucking company also may be liable if it fails to maintain its tractor-trailers, hires unsafe drivers, or pressures its drivers to disregard hours-of-service limits.
• Cargo loading companies – Cargo loading companies can be at fault for tractor-trailer accidents if they overload trailers or fail to properly secure cargo. If cargo shifts in transit, it can cause a driver to lose control and cause an accident.
• Truck repair mechanics – A truck mechanic may be responsible for an accident if the mechanic failed to properly inspect, maintain, or repair critical components and a subsequent component failure leads to a loss-of-control wreck.
• Truck component manufacturers – Manufacturers of faulty truck components may be at fault for tractor-trailer accidents if the components fail such as a tire blowout and cause an accident.

What Causes Tractor-Trailer Accidents?

Common causes of Indiana tractor-trailer accidents include:

• Distracted driving – Truck drivers who are distracted by cell phone conversations, food or drink, personal grooming, adjusting vehicle controls, or other activities that take their focus away from the road
• Driving under the influence – Drivers who are intoxicated by alcohol, illegal drugs, or prescription or over-the-counter medications that compromise their ability to drive safely
• Driver fatigue – Drivers who are drowsy due to lack of adequate rest, which can be just as dangerous as drunkenness, according to the Centers for Disease Control (CDC)
• Aggressive driving – Drivers who engage in aggressive or reckless behaviors such as speeding, lane weaving, tailgating, or failing to check blind spots
• Inexperienced driving and driving errors – Drivers with limited experience who may not have the skills needed to cope with truck-related driving scenarios
• Improper cargo loading – Cargo in the back of a tractor-trailer that was overloaded or improperly balanced or secured by cargo-loading teams, can lead to loss of traction or rollovers
• Truck component failure – Failing components such as tires, steering systems, or brakes that lead to loss of vehicle control
• Poor road conditions – Conditions such as slick surfaces,  large potholes, and blind curves or steep grades make it more difficult for tractor-trailer drivers to retain control of their vehicles

What Should You Do After a Semi-Truck Accident?

If you were involved in an Indiana semi-truck accident, you can protect your legal rights by:

• Seeking prompt medical attention and following through on your doctor’s treatment recommendations
• Gathering as much information and evidence from the scene of the accident as possible, including contact and insurance information from the driver, photos of the scene, and statements from any eyewitnesses
• Establishing a pain journal to keep a daily record of the pain, discomfort, and physical limitations you experience as a result of the accident
• Keeping track of all documents related to the accident, including your medical bills, vehicle repair invoices, receipts from incidental out-of-pocket expenses, and pay stubs that reflect your reduced income due to missed time at work.

Contact an Indiana Tractor-Trailer Accident Attorney Today

Tractor-trailer accident cases tend to be more complex than automobile accidents. It’s typically in your best interest to seek the help of a qualified attorney if you have been injured in a crash involving a large commercial truck. Contact the Indiana truck accident lawyers of Truitt Law Offices today to discuss the details of your case in a free case review.

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Can a Car Crash Cause TMJ?

The violent impact of a car crash puts tremendous stress on your body, including your muscles, ligaments, and tendons. These soft tissue injuries are sometimes difficult to detect, but they can be just as painful as more obvious injuries.

One of the most commonly overlooked types of car accident injuries is damage to the muscle of the jaw forming the temporomandibular joints or TMJ. If you have jaw or ear pain after a crash, you may have a TMJ injury. If the accident in which you were injured was caused by another motorist, the Indiana car accident lawyers at Truitt Law Offices can help you seek full compensation.

Our Fort Wayne personal injury attorneys have been helping car accident injury victims for more than 40 years. Our law firm has recovered millions of dollars for our clients. Contact our office for your free initial consultation.

What Is TMJ?

Your temporomandibular joints, or TMJ, connect your jawbone to your skull. They sit just in front of and below each of your ears. They are essential to your ability to eat, speak, and make facial expressions.

When someone says they have TMJ, they are referring to pain in these joints. The official medical term is temporomandibular disorder (TMD). Car accidents are not the only cause of TMJ injuries, though they are one of the more common causes.

There are three categories of TMJ injuries:

• Myofascial pain – Pain or discomfort in the muscles that control your jaw function. Some people with myofascial pain from a TMJ injury in a car accident also experience pain or discomfort in the muscles of their neck and shoulders.
• Internal derangement of the joint – This type of TMJ injury occurs when the disc that serves as a cushion between the skull and lower jaw is displaced in a car accident, typically a rear end accident.
• Inflammatory joint disease – This occurs when something causes the joints in the body to become inflamed, leading to pain and discomfort. It often leads to arthritis or synovitis. Synovitis is inflammation of the synovial membrane that lines a joint. Any inflammation of the TMJ can be extremely painful.

Can a Car Accident Make TMJ Worse?

If you’re already suffering from a TMJ disorder and you’re involved in a car accident, the crash may very well aggravate the TMJ disorder. The force from a car crash can cause the joints to become further inflamed.

This is especially common in rear-end accidents. The whiplash effect of having your head thrown forward and then back puts intense pressure on your lower jaw muscles. This motion pulls the jaw open and specifically puts pressure on the area of the skull where the jaw connects to the upper head area. Basically, the skull and jaw experience opposing forces, as a result of the whiplash motion which can aggravate an existing TMJ injury.

The impact of having your head hit the dashboard, steering wheel , or windshield also can aggravate an existing TMJ injury and cause additional damage.

Can a Car Accident Cause Jaw Pain?

A rear-end car accident can cause whiplash and lead to a dislocated jaw and intense pain.

Striking the jaw on the vehicle’s interior can lead to a TMJ disorder. Many people clench their jaws as they’re bracing for an accident, which puts pressure on the TMJ even before the moment of impact, making an injury more likely.

How Long Does It Take for TMJ to Go Away?

The recovery time from a TMJ injury depends on the severity of the injury. If the injury is minor, it may go away after just a few weeks. However, a more serious injury may require extensive treatment, prolonging the recovery process.

Some of the potential treatment options for a TMJ injury include:

• Gently massaging the injured area and surrounding tissues
• Applying heat or cold to the affected area
• Wearing a protective mouthguard, known as a splint or appliance
• Anti-inflammatory medication, as long as it does not contain steroids
• Physical therapy exercises to strengthen damaged muscles in the jaw
• Corrective surgery

What Should I Do If I Have Injured My Jaw in a Car Accident?

If your jaw or the area around your ears hurts after a car accident, that may be a sign that you’ve suffered a TMJ injury. If you suspect you have a TMJ injury, check for other symptoms besides pain in the jaw. Other signs and symptoms of a TMJ injury include:

• • Feeling like your jaw is locked in place, making it challenging to open, close, or move your mouth
  • Headaches and migraines
  • Discomfort when eating, biting, or talking
  • A clicking or popping sound when you move your jaw
  • Clogged or painful ears
  • Sensitive teeth
  • Ringing in your ears (also known as tinnitus)

• See a doctor as soon as you can – Seek a medical evaluation as soon as possible and tell the doctor you were in a car accident. . If you’re diagnosed with a TMJ disorder, follow your doctor’s orders precisely. Early treatment can help minimize the effects of a TMJ injury and shorten your recovery time
• Keep your medical records – You’ll need proof of your injuries as well as evidence detailing the cause of those injuries if you want to recover any compensation from the other driver.
• Save evidence from the accident scene – If you took photos, identified any potential witnesses, or received a copy of the police accident report, make sure you hold on to it. This evidence will be crucial to proving your claim.
• Talk to a lawyer right away – A lawyer can help you gather evidence to support your claim, handle communication with any insurance companies, present your demand for compensation and negotiate for a fair settlement, or take your case to court if necessary.

If you have any questions about TMJ injuries and how they relate to car accidents, our attorneys at Truitt Law Offices in Fort Wayne are available to speak with you and review the specifics of your accident. We can help you understand your legal options and whether you have a TMJ injury claim. Get a free initial consultation today by calling our office, communicating with us via live chat, or visiting our contact page.

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What Happens If I’m in a Car Accident with an Unlicensed Driver?

Even a fairly minor car accident can turn a day from good to bad in a split second. But the situation could become even worse if you discover that the other driver doesn’t have a valid driver’s license.

If you were injured in a car crash with an unlicensed driver, you might wonder what options you have to recover financial compensation. Don’t lose hope. An experienced Fort Wayne car accident attorney with Truitt Law Offices can help.

Since 1991, Truitt Law Offices has defended the rights and interests of injured victims in Fort Wayne and surrounding areas of Indiana. Our decades of combined legal experience helps us handle even the most complex injury cases. We want to see our clients make a full recovery. That’s why we work hard to build a strong relationship with each of our clients and ensure they have a positive experience.

After you’ve been in a car accident with an unlicensed driver, act quickly to protect your legal right to demand accountability from the at-fault driver. Contact Truitt Law Offices for a free case review. We want to help you seek financial compensation for the injuries and losses that you’ve suffered.

Unlicensed Drivers and Liability

Whether or not a driver has a license to operate a vehicle doesn’t determine fault for a car crash. Violations of other traffic laws like speeding or running a stop sign could be considered negligence, but driving without a valid license usually is not the cause of a crash.

If you’re in a crash with a vehicle operated by an unlicensed driver, you could be found at fault for the crash even though the other driver lacked a license. But, if the unlicensed driver was to blame for the crash, you could be eligible to seek compensation, just like any other collision caused by negligence.

Unfortunately, depending on the situation, the driver’s lack of a license might affect your ability to actually secure compensation for your injuries. For example, if the driver does not have a license, they might also not have an auto insurance policy to provide compensation if they cause a crash.

How to Protect Yourself During an Accident with an Unlicensed Driver

When you discover that the other driver does not have a valid license, you can take steps to help protect your rights. Following the right steps could improve your claim for recovering compensation for any injuries.

After a crash with an unlicensed driver:

• Contact law enforcement. You and your attorney will want a copy of a police crash report, which should note that the other driver did not have a valid license.
• Note the vehicle make, model, and registration number of the unlicensed driver’s car.
• Take photos of the accident scene, including vehicle damage, debris and marks in the road, road lines, traffic controls, and any visible injuries you suffered.
• Notify your insurer about the accident as soon as possible to protect your eligibility to file an uninsured motorist claim if necessary.
• Seek medical attention to identify all the injuries you suffered in the crash and get proper care.
• Talk to a car accident attorney to learn more about your options for pursuing compensation for your injuries.

Finding Insurance Coverage in a Crash with an Unlicensed Driver

If an unlicensed motorist was operating their own vehicle, they might also fail to have the required liability insurance coverage required by law in Indiana. Insurance companies only issue policies to drivers with valid licenses. Even if the driver had a valid license and insurance policy, the insurance company might terminate its policy or allow the policy to lapse if the driver’s license expires or is suspended.

If the unlicensed driver’s insurance policy is still in effect at the time of the accident, you might be able to file a claim. However, this claim might be complex because the other driver’s insurance company may try to deny or disclaim coverage because the unlicensed driver breached the policy by not having a valid driver’s license.

If an unlicensed driver operates a vehicle without the owner’s permission, they are effectively driving a stolen vehicle. The insurance company that issued a policy for that vehicle likely will not provide coverage for an accident that involves the stolen car. But if an unlicensed driver gets behind the wheel with the owner’s permission, then the owner’s insurance company might be forced to provide coverage for an accident caused by the unlicensed driver.

Sometimes, unlicensed drivers operate a vehicle for work purposes. When this happens, the driver’s employer might be liable for the driver’s negligence. Your attorney might also seek compensation for the employer’s own negligence in directing or allowing an employee to drive without a license.

If the unlicensed at-fault driver has no insurance coverage, there could be other options. You might be eligible to turn to your own insurance policy for compensation for your injuries if you have purchased uninsured motorist (UM) coverage. When an at-fault driver does not have liability insurance, UM coverage replaces the coverage that the at-fault driver should have.

You might also have purchased personal injury protection (PIP) or medical payments (med pay) coverage for your car insurance policy, which can cover certain medical expenses or lost wages.

Can I Pursue a Claim for Damages?

After you’ve been injured in a car accident caused by an unlicensed driver, you might be entitled to pursue a claim for compensation for losses you’ve incurred due to the accident from any insurance policy covering the uninsured driver, your own insurance policy, or directly from the at-fault unlicensed driver.

Compensation in an unlicensed driver car accident claim can include money for:

• Medical treatment for injuries suffered in the accident
• Physical therapy and other long-term rehabilitation or personal care
• Past and ongoing loss of income or wages, or loss of future expected earnings and benefits
• Pain and suffering
• Emotional distress or trauma.
• Loss of enjoyment or quality of life
• Vehicle and other property damage

Contact a Car Accident Attorney

If you were injured in a car accident caused by an unlicensed driver, you need experienced legal representation to protect your rights and interests. Call or contact a car accident attorney from Truitt Law Offices today for a free, no-obligation consultation to learn more.

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What to Do Immediately After a Dog Bite

Because most of us have dogs, have had a dog as a pet, or know someone who does, a dog bite or attack can be a shocking experience. You might not know what to do next, especially if you’ve suffered severe injuries.

If someone else’s dog bit you or your child, you shouldn’t have to pay out of pocket for the resulting medical bills and other losses you might be forced to incur. Fortunately, the law allows you to seek compensation for the harm you’ve suffered. Depending on the situation – and particularly if you can file a claim against their homeowners’ insurance policy – recovering the money you’re owed might not threaten your relationship with the dog’s owner.

For over 40 years, the attorneys of Truitt Law Offices have represented the interests of injured victims in Fort Wayne and throughout Indiana. Our attorneys work diligently to build strong, successful relationships with all of our clients. We care about our clients’ recovery and work to get our clients the resources they need to move forward after life-altering dog bites.

After a dog bite or attack, contact our firm for a free case review. We can discuss what steps to take after your injury and how our firm can help you recover financial compensation from the dog’s negligent or reckless owner.

Call 911

If you suffer a dog bite or attack and the animal is loose, call 911 to report the incident. The authorities can take steps to protect other members of the public from injury if the dog continues to act aggressively or viciously. They’ll try to locate and secure the animal, which is important. You need a vet to check the animal for diseases like rabies.

Seek Medical Attention

Seek medical attention for your dog bite injury as soon as possible. Depending on the breed of the dog, the viciousness of the attack, and where you were injured, a dog bite can cause serious injuries, including severe bleeding, soft tissue injuries, and even fractured bones. Some dogs’ mouths and saliva carry harmful viruses and bacteria. By seeking prompt medical treatment, you can help avoid further damage to the bite area. Proper care should reduce your risk of dog bite complications, such as infection.

Identify the Dog Owner

It’s vital to locate and contact the dog’s owner, especially if the owner was not present at the time of the attack. The owner of the aggressive dog might be held liable for your injuries. In a personal injury claim, you can demand compensation for the expenses and losses you sustained due to the dog bite or attack.

It’s understandable not to want to initiate legal action against the dog’s owner if they are a family member, friend, neighbor, or someone else you know. In most cases, dog bite settlements are paid by homeowners’ liability insurance, renters’ insurance, or another insurance policy. If the dog owner has insurance coverage, the insurer, not your friend or neighbor, will pay for your injuries.

Document Your Injuries

Document your injuries right away, starting by taking photographs of the injuries you suffered from the dog attack. Remember to keep copies of your dog bite medical records, including invoices, bills, and receipts for expenses you incur during your treatment. If you miss time at work, keep records of your paystubs or income statements. Finally, consider taking notes from time to time to document your recovery and the impact of the attack and your injuries on your life.

Report the Incident to Animal Control

It’s important to report the dog bite or attack to local animal control authorities. Depending on the circumstances, animal control might seize and quarantine the dog that attacked you, especially if the dog’s vaccination history is not known or it was previously violent toward people or animals. You’ll be helping keep your community safe by documenting the incident with the proper municipal department.

How Is Dog Bite Injury Compensation Determined?

A dog bite injury can result in significant financial expenses and considerable personal harm. A dog bite injury settlement is designed to compensate for both. In a dog bite claim, you might be entitled to recover financial compensation for:

• Medical expenses, including ER and hospital bills, prescriptions, doctor’s appointments, and physical therapy
• Lost income if you missed time from work or lost future earning ability due to disability
• Physical pain
• Emotional suffering, such as PTSD, anxiety, or depression caused by the attack
• Loss of quality of life due to physical scarring or disability from the dog attack
• Property damage, such as the repair or replacement cost of damaged clothing, jewelry, glasses, or watches

Should You Get a Lawyer for a Dog Bite?

The best way to know if your dog bite qualifies is to speak with an experienced Fort Wayne dog bite lawyer, like ours at Truitt Law Offices.

Hiring an experienced personal injury lawyer to advocate on your behalf after suffering a dog bite injury can have many benefits. These include:

• Investigating the circumstances of the attack to determine whether the “one-bite” rule applies to your case
• Identifying the dog’s owner and determining the availability of insurance coverage, such as homeowners’ or renters’ insurance, that can provide you with compensation
• Collecting evidence and building a case to establish the dog’s owner negligence and liability
• Preparing and filing a claim for compensation that incorporates a solid legal argument
• Handling all communications with the insurance company so that you can avoid stressful or contentious encounters with the dog’s owner
• Negotiating an insurance settlement that provides you with fair and full compensation
• Pursuing your claim in court if necessary

If somebody else’s dog injured you, contact Truitt Law Offices today for a free, no-obligation initial consultation. You can speak to an experienced Indiana dog bite lawyer about what you might be owed. Let us explain how you might recover compensation for the injuries, medical expenses, and harm that you’ve incurred due to the dog owner’s negligence.

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Indiana Motorcycle Season Is Here

It is summertime in Indiana, and there is no more thrilling way to get around than by motorcycle. Indiana has many scenic stretches of highway that thousands of motorcyclists enjoy each year.

Still, as bikers know all too well, riding a motorcycle does come with risks. Motorcyclists are more vulnerable in accidents than other motorists, particularly because they don’t have the same safety features.

The risks go up as the temperature rises. According to the Insurance Institute for Highway Safety, more than 60 percent of motorcycle fatalities occur between May and September.

While you can’t control other drivers’ behaviors on the road, you can take steps to protect yourself and your motorcycle before you hit the road this summer.

How to Get Your Motorcycle Ready for Riding Season

Before you head out on your motorcycle trip this summer, consider taking some of the following steps to make sure your bike is ready for riding season:

• Check tires – Low tire pressure can make it difficult to steer or cause you to lose control of your motorcycle. Make sure you check the tire pressure and add air if necessary before you ride. While you’re at it, check your tires to make sure they are in good condition. The last thing you want to deal with on your journey is a blowout, which can be particularly dangerous for motorcyclists.

• Check brakes – Check both your front and rear brakes, preferably separately, to ensure they are both in good working order. When you take your motorcycle for a test drive, listen for any squeaking noises, as this can indicate that your brakes need to be replaced.

• Fill up on fresh oil and fluids – Just like with your car, it’s important to change your motorcycle’s oil regularly. You can do this yourself or by taking it in to an oil and lube shop. As oil ages, it becomes less effective, and bad oil (or worse, no oil) can be bad for your motorcycle’s engine. If you recently changed the oil, check to see if it needs to be topped off.

• Try out controls – Don’t neglect to check all your controls – including the throttle, the steering device, and the clutch – because you don’t want to lose control of your motorcycle on the road when you’re surrounded by other vehicles.

• Test ride – Take a test ride in your neighborhood before you take your motorcycle out on the open road. Test out the steering and other controls, test out the brakes by braking hard, and get fluids moving through the engine.

Top 5 Roads for Riding Your Motorcycle in Indiana

Indiana has many scenic and inviting routes for motorcyclists looking for an adventure. Some of the top roads for riding include:

1. Historic National Road – This stretch of highway runs for 152 miles between Richmond and Terre Haute. Along this gorgeous route, you’ll encounter the small town of Philadelphia, which boasts many interesting historical buildings and farmhouses.
2. Ohio River Scenic Byway – This route along the beautiful Ohio River runs from Clarksville to Greenville over a 92-mile stretch of rural highway. Along the way, consider visiting the Falls of the Ohio State Park, where you can check out a site containing 390-million-year-old fossil beds. It’s also worth checking out the Lanier Mansion, a gorgeous home built in 1844.
3. Indiana’s Historic Pathway South Spur – The Historic Pathway’s South Spur runs from Vincennes to Louisville, Indiana, totaling 135 miles. Though shorter than the northern spur of the highway, the South Spur runs through a beautiful portion of the Hoosier National Forest. The South Spur is also home to the Potts Creek Rockshelter Archeological Site, once inhabited by Native Americans during different periods, including the Archaic, Woodland, and Paleo periods.
4. Indiana’s Historic Pathway North Spur – The Historic Pathway’s North Spur stretches from Vincennes to Aurora for a 163-mile journey. Notable locations along this route include the Freeman Army Airfield Museum in Seymour and the Hillforest Victorian House Museum in Aurora.
5. Lincoln Highway – Named after one of America’s most famous presidents, Abraham Lincoln, the Indiana section of the Lincoln Highway stretches 188 miles from Dyer to Townley before continuing on all the way to New York. You can stop to view a replica of Lincoln’s log cabin in Foster Park and the Studebaker National Museum and Archive in South Bend along the way.

What to Do in Case of an Accident

Accidents happen, and they can be particularly severe for motorcyclists. If you are injured in an accident in Indiana while on your summer motorcycle trip, these steps can help you protect your health and your right to compensation from the at-fault party:

• Seek medical attention – Because motorcyclists tend to bear the brunt of a collision, it’s crucial to get a complete medical exam as soon as possible, even if your injuries don’t seem serious at first. The chaos of the crash and the adrenaline your body releases can mask the symptoms of potentially life-threatening injuries.
• Gather documentation – Keep all of your medical records, medical bills, out-of-pocket expense receipts, and any other documentation related to the accident. Also, get a copy of the police report about the accident. This documentation could provide strong evidence to support your case later on.
• Take notes about your recovery – Keep a journal of your injuries and symptoms throughout the recovery process to help show how your injuries have impacted your life. Describe how your injuries prevent you from participating in activities and record how your pain changes from day to day.
• Consult with an attorney – An attorney can help you investigate the accident, identify the at-fault party or parties, and build a strong case for compensation.

The seasoned attorneys at Truitt Law Offices are dedicated to fighting for motorcycle accident victims across Indiana. If you’ve been injured in a motorcycle accident in Indiana, you may be entitled to compensation to cover the cost of your medical expenses, lost wages, pain and suffering, motorcycle damage, and more. Contact us today for a free consultation.

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What Are the Biggest Causes of Motorcycle Accidents?

Motorcycle riders are approximately 27 times more likely to die in a motor vehicle crash than passenger car occupants, according to the National Highway Traffic Safety Administration. Motorcycles lack the protection that automobiles have, and riders are much more vulnerable to severe injuries in a crash.

Although motorcycle accidents happen for many reasons, some types of accidents occur more frequently than others. Negligent automobile drivers who fail to look out for motorcycles or yield to motorcyclists on the road cause many crashes.

Following a motorcycle accident in northeast Indiana, turn to Truitt Law Offices for help in seeking compensation for your injuries. For more than 40 years, our law firm has been fighting to protect the rights and interests of accident victims. Our Fort Wayne motorcycle accident attorneys focus on helping clients pursue full compensation from at-fault drivers and their insurers.

Contact our firm for a free case review. We will review the details of your motorcycle accident and discuss the steps available to you to pursue a financial recovery for your injuries.

Lane Switching Accidents

These accidents typically occur when a motorcycle is located in an automobile driver’s blind spot, and the driver fails to check the blind spot before attempting to change lanes. A motorcyclist may be sideswiped or forced off the road if another vehicle unexpectedly merges into the lane occupied by the motorcycle.

Motorcycle riders can avoid lane switching accidents by speeding up or slowing down if they find themselves in a driver’s blind spot. If a rider cannot see a driver’s face in the vehicle’s side-view mirror, that means the motorcycle is probably in the driver’s blind spot.

Riders should try to look for signs that a vehicle may be changing lanes, including blinking turn signals, turning of the wheel, or the driver turning their head or looking into their mirrors.

Accidents Caused by Left-Turning Cars

Motorcycle accidents caused by cars turning left represent one of the most dangerous types of crashes for motorcyclists. These accidents occur most frequently at intersections. An automobile driver waiting to turn left may overlook an approaching motorcycle or misjudge its speed and turn in front of the motorcycle. Left-turn accidents also can occur when cars turn left into parking lots or driveways.

Motorcycle riders should take precautions to avoid being hit by a left-turning car by entering intersections cautiously and looking for signs that a driver may be about to turn, such as cars stopped in the middle of an intersection.

You can protect yourself by slowing down and preparing to brake or take evasive action if a driver turns in front of you unexpectedly. If possible, make eye contact with the driver of a vehicle so that the driver can acknowledge that you are approaching.

Head-On Collision Accidents

Head-on collisions typically account for the greatest share of fatalities for motorcycle riders in accidents. A head-on collision can violently throw the biker off the motorcycle onto the road. Head-on collisions typically occur because a motorist negligently drifts into lanes of oncoming traffic due to fatigue, intoxication, or distraction.

Motorcycle riders can protect themselves by riding in the right-most lane to give themselves as much room as possible to avoid a head-on collision if a car drifts or veer into the motorcycle rider’s lane.

Lane Splitting Accidents

Lane splitting involves a motorcycle riding in between columns of vehicles, usually in heavy or gridlock traffic. Motorists may not be looking for a rider in that location, making the situation dangerous.

Indiana law makes lane splitting illegal, so motorcycle riders should avoid the practice of lane splitting.

Corner-Turning Accidents

A motorcycle rider may lose control of a bike while rounding a corner. A rider may not see ice, gravel, or leaves, or other loose debris that can cause tires to lose traction in time to avoid the hazard. A rider may take a corner at too fast a speed.

In addition to potentially losing control of a bike in a corner-turning accident, a rider also faces the risk of being hit by oncoming traffic that may not see the rider before entering the corner.

Riders can take steps to avoid corner-turning accidents by taking all corners at safe speeds and entering the corner wide to allow as much of a view of the corner as possible. Riders should pay special attention to road signs that alert motorists to hazards in certain corners.

Accidents Caused by Intoxication

Unfortunately, many motorcycle accidents are caused by alcohol or drug intoxication.

Intoxicated automobile drivers may have impaired judgment and fail to see an approaching motorcyclist or misjudge its speed.

A motorcycle rider under the influence of alcohol or drugs may have a harder time controlling their bike and cause an accident involving other riders sharing the road.

Intoxicated drivers pose a hazard to themselves and everyone else on the road. If you have been injured in a motorcycle accident caused by a drunk driver, you may be entitled to claim compensation for your medical bills and other losses related to the accident.

High-Speed Motorcycle Accidents

Some motorcycle accidents result from riders operating their bikes at unsafe speeds. Some sportbikes can reach speeds of more than 160 mph with blistering acceleration performance. These bikes can pose a danger to riders who don’t have the experience and skill to handle a high-performance motorcycle.

When Do You Need Legal Help After a Motorcycle Accident?

If you’ve been injured in a Fort Wayne motorcycle accident, you should contact an attorney to discuss your legal options. If you have a personal injury claim, an attorney can deal with the insurance companies and negotiate on your behalf for a just settlement that covers your losses.

A motorcycle accident lawyer can investigate the accident to gather evidence to prove your claim, especially if the other driver or the insurance company tries to argue that you were at fault. A skilled attorney will seek a settlement that provides fair compensation for your injuries. If the insurance company refuses to offer a fair settlement, our personal injury attorneys at Truitt Law Offices will be ready to seek compensation in court.

If you’ve been involved in a motorcycle accident, turn to the Fort Wayne personal injury attorneys of Truitt Law Offices. Contact us today for a free, no-obligation consultation to speak to one of our knowledgeable attorneys about your case.

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What Is Indiana’s “Dead Red” Law?

Motorists in Indiana must come to a full stop at a red light in Indiana. Many intersections have sensors embedded in roadways to determine when the traffic lights should change. Many of the sensors work by detecting the weight of vehicles on the road.

However, motorcycles, mopeds, and bicycles may not trip the sensors because they’re much lighter than cars. This can cause bicyclists, motorcyclists, and others to get stuck at a red light that won’t change. It may have happened to you.

In an attempt to remedy this situation, in 2014, Indiana lawmakers adopted the state’s so-called “Dead Red” law. The law allows motorcycles and bicycles to proceed through a red light under certain circumstances.

The Indiana motorcycle accident lawyers at Truitt Law Offices want to highlight the Dead Red law to help people understand this law and how it may apply if you’ve been involved in an accident. Learn more by calling one of our four Indiana locations or visiting our contact page.

The Provisions of Indiana’s “Dead Red” Law

The terms of Indiana’s Dead Red law are very similar to those found in other states with similar statutes. According to the Indiana Code, motorcycles, bicycles, and motor-driven cycles can proceed through a steady red light if:

• They first come to a complete stop at the intersection for at least 120 seconds.
• They abide by other Indiana traffic regulations and have determined that proceeding through the intersection is safe.

Prior to the passage of the law, you had few options if you found yourself stuck at a red light while riding a motorcycle or bicycle. If you didn’t want to break traffic regulations, you could wait for another vehicle to show up and trip the sensor, or you could make a right turn on red and circle back to go in the direction you originally intended.

Motorcyclists, bicyclists, and others stuck at a red light are expected to yield to other vehicles crossing through an intersection with a green light. If you don’t yield to vehicles that have the right of way to pass through the intersection and wind up in an accident, the Dead Red law may not protect you from being held responsible for the crash.

Does This Law Cause Crashes and Injuries in Indiana?

There are arguments for and against the Dead Red law. Those in favor of the law argue that having motorcycles, bicycles, and other smaller vehicles wait indefinitely at a red light is a major inconvenience and a significant safety hazard. Smaller vehicles such as motorcycles and bicycles are harder to spot because of their size, making them vulnerable to careless or distracted drivers.

On the other hand, there is good reason to be wary any time someone crosses through a red light at an intersection. Bicycles and motorcycles can put themselves in harm’s way if they cross the intersection at the wrong moment. This can lead to significant injuries or even fatal injuries in a collision between a car and a bicycle or motorcycle. From this perspective, it makes sense to be skeptical of the Dead Red law.

It’s difficult to say whether the Dead Red law reduces crashes or makes them more likely, mostly because there’s not much data. The 2019 traffic statistics from the Indiana University Public Policy Institute show that of all motorcycle accidents in Indiana that year, 879 of them (roughly a third of the total) occurred at intersections. Additional data show that 32 motorcycle accidents at intersections were fatal, while 561 accidents at intersections resulted in non-fatal injuries.

The problem is the statistics don’t offer much detail about how the accidents occurred and what the motorcyclists were doing. We don’t know how many motorcyclists were injured because they were trying to cross at a dead red light. Until we have more refined data on the causes of these kinds of accidents, it’s difficult to evaluate the Dead Red law’s impact on motorcyclists’ and bicyclists’ safety in Indiana.

What to Do If You Need Legal Help in Indiana

If you’ve been involved in a motorcycle accident or bicycle accident at an intersection due to another person running red lights, it’s important to take the proper steps. Doing so will protect your right and give you the best chance of seeking compensation for your injuries. Here’s what to do:

• Call 911, or have someone else do it for you if you are injured and unable to do so. Calling 911 will bring law enforcement to the scene so they can begin their investigation. They may cite one or more parties for their role in causing the crash. You can use the accident report in your claim for compensation.
• Take pictures of the crash and your injuries. Pictures make for strong evidence in a personal injury case.
• When you report the accident to your insurance company, stick to the facts of the accident as best you remember them. Do not say “I’m sorry” or anything else that might indicate you’re apologizing or accepting fault for the accident.
• Keep copies of your medical bills and pay stubs. These documents can be used to help establish your financial losses if you missed work as a result of injuries in the accident.
• Start a pain journal. Indiana law allows you to claim compensation for your pain and suffering after an accident. But it’s a tricky thing to quantify. By documenting the pain you’re experiencing after an accident and how it impacts your life, you have a better chance of recovering compensation.
• Stay off of social media, and don’t make any public statements about what happened. You don’t want to make any casual comments that provide an insurance adjuster ammunition to use against you when you file for compensation.
• Call an experienced personal injury lawyer as soon as possible. Without help from an experienced attorney, you run the risk of missing out on fair compensation for your injuries. A lawyer can look over your case and tell you what compensation you may be able to claim.

Contact Our Indiana Motorcycle Accident Lawyers Today

The personal injury lawyers at Truitt Law Offices have more than 40 years of experience helping people in Indiana rebuild their lives after serious injury accidents. We’ve recovered millions in compensation on behalf of families just like yours. If you’ve been seriously injured due to the red dead statue, get a free initial consultation by calling our law offices today. You can also fill out our contact form to speak to us about your injury claim.

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What Is Indiana’s One-Bite Law?

According to data published by the American Veterinary Medical Association (AMVA), Hoosiers love dogs. Approximately 49 percent of households in the state report owning a dog, meaning Indiana has the sixth-highest percentage of dog owners in the U.S.

Unfortunately, canine lovers know that even well-trained dogs sometimes bite or otherwise attack if they are in pain, afraid, or provoked. Sometimes dogs may bite for unknown reasons. A dog bite can be a severe injury that may require medical attention, stitches, or even surgery.

Dog owners are responsible for monitoring their dogs’ behavior and keeping them restrained at all times. Indiana has laws in place that hold dog owners accountable when their dogs injure other people. One of these laws is called the “one-bite” law.

In many cases, people misunderstand the one-bite law as a rule that gives dog owners a free pass when their dogs bite or injure other people. This can lead to the false belief that you rarely have grounds to file a claim when a dog bite occurs in Indiana. In reality, if you were injured in an Indiana dog bite incident, you could be entitled to compensation for your losses.

Contact Truitt Law Offices for a free consultation to learn more about what Indiana’s one-bite law could mean for you.

What Does Indiana’s One-Bite Law Actually Mean?

The idea behind one-bite laws is that dog owners shouldn’t be held liable for attacks if they had no prior knowledge of their dog’s capacity to be violent or aggressive. However, Indiana’s one-bite law does not mean that every dog is allowed one “free” bite with no consequences. After all, it would never be possible to know for sure whether a dog may have bitten someone in the past.

An Indiana dog owner may be held liable for bite injuries caused by their dog if you can prove:

• The owner was negligent or reckless because they failed to prevent their dog from biting or attacking someone.
• The owner knew or should have known that their dog had aggressive tendencies or was capable of biting someone.

Every dog is different, so it’s not always easy to tell when a dog’s behavior should be considered aggressive. However, the following behaviors could indicate aggressive tendencies in dogs:

• Barking or growling loudly at neighbors, visitors, or passersby
• Snapping or biting at someone, even if the dog does not actually bite
• Charging into someone fast enough to knock them down
• Evidence that the dog bit another person in the past

Other factors could affect a dog bite case, too, such as the breed of the dog and whether the dog was properly restrained at the time of the attack.

If a dog bite victim can demonstrate that a dog owner was reckless or negligent in their duty to prevent the dog from biting someone, the owner may face criminal charges in addition to civil liability in a personal injury case. Penalties may include fines, community service, probation, or prison time. If a dog bite injury proves fatal, the owner may even be convicted of a felony.

How Does the One-Bite Law Apply to Postal Carriers and Police Officers?

Mail carriers, police officers, and certain other public employees are more likely than most to come into contact with dogs during their everyday duties. Because of this, Indiana Code § 15-20-1-3 provides specific protections for those who sustain dog bites while carrying out their duties under federal law, state law, or postal regulations.

When someone else’s dog bites one of these protected employees, they can hold the dog’s owner liable even if the dog did not have a history of biting or aggressive behavior, as long as:

• The government or postal employee was “acting peaceably” in a way that did not provoke the dog.
• The government or postal employee sustained the bite in a location where they were required to be to carry out their legal duties.

What Are Your Rights in an Indiana Dog Bite Case?

When you suffer a dog bite injury, Indiana courts say you may have the right to sue the owner of the dog. If you can demonstrate that the owner was negligent and that their negligence contributed to your dog bite injury, you could claim money for any losses you incurred as a result of the injury.

In most cases, the dog owner’s homeowners’ insurance policy would pay your claim. With a successful claim, you could receive compensation for:

• Medical bills – The costs of any past, current, or future medical care related to the treatment of your dog bite injury

• Incidental costs – Additional expenses you incur as a result of the dog bite injury, such as costs of travel to and from doctor’s appointments

• Lost wages – The value of any reductions to your take-home pay caused by missed time at work while you recover from the injury

• Lost earning potential – The projected value of any losses in your long-term earning potential if your injury prevents you from returning to your usual job

• Pain and suffering – The subjective costs of any physical pain, mental anguish, or psychological suffering you endure because of the bite injury

When Do You Need Legal Help?

The moment you suffer a dog bite injury, you should start thinking about hiring a dog bite lawyer to protect yourself. It’s usually a good idea to seek legal help for a dog bite case if:

• You suffered a serious bite injury that required expensive medical care.
• Your injuries will need extensive care, and you don’t yet know what your long-term treatment costs may be.

• You aren’t sure whether the dog owner is legally liable for their dog’s behavior.

• You don’t feel comfortable communicating or negotiating directly with the dog owner’s insurance company.

• You suspect the insurance company is minimizing the value of your claim.

• The insurance company has denied your compensation claim entirely.

Contact an Indiana Dog Bite Lawyer Today

At Truitt Law Offices, we have more than 40 years of experience serving injured victims in Indiana, including people injured in dog attacks.

We offer free initial consultations and do not collect legal fees unless we win compensation for you. There’s no risk to you when you reach out to our team for answers. Contact us today to discuss the details of your claim with a dedicated attorney.

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Can Soft Tissue Damage Be Permanent After a Car Accident?

A car accident may cause broken bones as well as soft tissue injuries. While broken bones are considered a serious injury, soft tissue injuries such as torn ligaments or detached tendons can be just as painful and have long recovery times. The violent impact of a car crash is one of the most common causes of soft tissue damage.

Soft tissue damage is sometimes only minor and will heal on its own. Sometimes, however, the injury is serious and may have long-lasting effects. When soft tissue damage is permanent, accident victims are never the same again.

Understanding Soft Tissue Injuries

Soft tissues such as ligaments, muscles, and tendons can be stretched or torn during a car accident. Whiplash is the most common type of soft tissue injury after car accidents. With this type of injury, the head and neck are snapped back and forth in a violent motion beyond their normal range, which can cause a severe neck sprain or torn tissue.

In some case, the ligament, tendon, or muscle is extended beyond its range to the point that it partially or completely ruptures. These types of soft tissue injuries may require surgery to repair.

Soft tissue injuries are graded depending on the severity of the injury. The higher the grade, the more serious the injury. The three types of soft tissue injuries grades are:

• Grade I injury: These injuries result in little to no instability in the joints. In most cases, a Grade I injury will heal on its own in just a few weeks.
• Grade II injury: Grade II injuries do involve some instability in the joints. Some of these injuries may heal on their own but if the soft tissue becomes torn, it may require surgery to repair.
• Grade III injury: The most severe of the soft tissue injuries, a Grade III injury refers to a soft tissue that has been completely torn. These injuries almost always require surgery and cause pain similar to a broken bone for the accident victim. Injured individuals typically cannot use the affected part of the body until the injury has healed.

Even with the most minor of the soft tissue injuries, a person may feel the repercussions of the damage for weeks.

How Do Soft Tissue Injuries Heal?

Recovering from a soft tissue injury can take a considerable amount of time. In the first few days, soft tissue injuries are known as acute injuries. At this point, you may notice bleeding and swelling, and likely a significant amount of pain. Proper medical treatment is required at this point, which can help lessen the severity of the symptoms.

The second phase starts when the body starts trying to repair the injury rather than protecting it from getting worse. As the body tries to heal, new scar tissue is created and helps strengthen the damaged tissue. In most cases, new tissue will have formed in approximately six weeks.

Once new tissue has formed, the injury is almost completely healed. However, the body will continue to try and strengthen the injury by creating new tissue until a person’s normal functions are restored. This last phase usually lasts anywhere between six weeks and three months.

If you are still in pain three months after the car accident, you may have a chronic condition. At this point, it is important to speak to a lawyer and a physiotherapist to understand the options available to you.

How to Tell if a Soft Tissue Injury is Catastrophic

A catastrophic injury is defined as one that prevents a person from living their life in the same manner they did before the accident. If a soft tissue injury has permanent or long-term disabling effects, it may be considered catastrophic. If a person is in chronic pain, experiences chronic numbness, or has some loss of function after an accident, the soft tissue injury could be catastrophic.

Due to the severe nature of Grade III soft tissue injuries, they may rise to the level of catastrophic injuries with long-lasting effects on a person’s quality of life.

What to Do if You Suffer a Soft Tissue Injury After a Car Accident

The moments after a car accident are scary and confusing. It may be difficult to think clearly. It is normal to be uncertain what to do. The steps you take immediately after an accident can make all the difference in the outcome of any future injury claim you may file.

The most important step to take after an accident is to seek medical attention. The adrenaline you feel after an accident may mask certain injuries. Soft tissue injuries often are not apparent right away. But a day or two after the accident, the damaged tissue may swell and become very painful. Even if you do not feel as though you have been injured, it is still important to see a doctor for a medical evaluation after a car accident.

Going to the doctor is important for your health. It is also important to document your injuries in case you need to file a claim later. If you do not see a doctor, the insurance company will likely argue that you did not seek medical treatment, therefore you must not have been injured. The insurance company also may argue that your own negligence caused your injuries to become worse. If the insurer is successful with either of these arguments, it will greatly reduce the amount of compensation you ultimately receive.

Once you have seen a doctor, the next step is to speak to a personal injury lawyer who can review the details of the accident and discuss whether you have a valid personal injury claim.

Our Indiana Car Accident Lawyers are Here to Help

If you have been in an accident and have suffered a serious injury such as soft tissue damage, do not hesitate to call our Fort Wayne car accident lawyers.

At Truitt Law Offices, we are dedicated to helping accident victims seek a full and fair settlement. Let our attorneys put our experience to work for you. Call us today or contact us online to schedule a free case evaluation.

The post Can Soft Tissue Damage Be Permanent After a Car Accident? appeared first on Truitt Law Offices.

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