Filing a Car Accident Claim as an Injured Passenger in Indiana

Passengers injured in Indiana car accidents may have a right to seek compensation from the at-fault driver for their losses. There are a few exceptions, but an experienced Indiana car accident lawyer can explain your rights and help you pursue the compensation you deserve.

We often focus on drivers in car accidents, but injured passengers also may suffer significant injuries and incur medical bills and loss of income from car accident injuries, just as drivers do. Injured passengers may have the right to file an insurance claim or, if necessary, a personal injury lawsuit to make themselves financially whole, even if the driver they were riding with was the one at fault.

Our Fort Wayne car accident lawyers can provide a free consultation about your rights as an injured car passenger and get to work on your case right away. Call the Truitt Law Offices today!

Which Car Driver Can Be Held Liable for My Injuries?

Either driver in a car accident may have caused a crash and may ultimately be held financially liable for compensating an injured passenger.

Motorists in Indiana are required to have auto liability insurance to cover bodily injuries of those the driver injures. After a collision, the insurance companies of each driver in a car crash will examine the police reports and other evidence to assign fault. The at-fault driver’s insurer will proceed to consider claims. If there is a dispute over who is at fault, the individuals involved in the accident might engage attorneys to investigate and help prove fault.

A lawyer representing an injured passenger would identify who is financially liable and the insurance available to pay claims. The lawyer would then demand compensation from the appropriate insurer. If the insurance company disputes the claim and refuses to agree to a reasonable settlement, then the attorney would file a personal injury lawsuit on behalf of the passenger asking the court to compel payment.

Because Indiana is a comparative fault state, both drivers in an accident could potentially be held liable if both contributed to the crash. This could complicate settlement negotiations. As an injured passenger, you might need to file claims with both drivers’ insurance companies to cover the full costs of your medical care and other losses.

If a driver has a Medical Payments policy, this optional insurance coverage pays for the medical bills of the driver and any passengers if they are injured while riding in the car or getting in or out of the car. It pays up to the limits of the policy.

If the at-fault driver is uninsured or doesn’t have adequate liability insurance, the injured passenger may need to turn to their uninsured/underinsured motorist policy if the passenger has separate auto insurance from the driver.

When Are Injured Passengers Not Eligible for Car Accident Compensation?

The State of Indiana places a limit on filing passenger injury claims against immediate family members.

Indiana’s Guest Statute (Indiana Code 34-30-11) says that you cannot pursue a civil action against the at-fault driver if he or she is a parent, spouse, child/stepchild, brother, or sister or if they picked you up hitchhiking and you did not pay them for the ride. The Guest Statute is waived if the driver displayed willful misconduct that led to the crash.

A second exception is based on Indiana’s contributory fault rules (IC 34-51-2-5). In a claim with one, two, or more defendants, the injured passenger is not eligible to receive compensation if their fault exceeds all blame assigned to the defendants.

If the case goes to trial, the jury determines first who is at fault after hearing the evidence. If the jury decides the plaintiff is more than 50% at fault, the plaintiff gets nothing. If the plaintiff’s contribution to the accident is less than 50%, the jury decides how much fault to assign the injured passenger. The jury determines the damages in the case and then reduces the amount the passenger receives in proportion to his or her percentage of fault.

How is a Passenger Found Liable for a Car Accident?

You might wonder what a passenger could do to contribute to a car crash or to their car accident injuries. A jury could assign contributory fault to a passenger who took one of the following actions:

• Seized control of the vehicle by grabbing the steering wheel or pressing the accelerator
• Physically obstructed or harmed the driver
• Distracted the driver
• Covered the driver’s eyes
• Allowed the driver to drive knowing the driver was impaired by drugs, alcohol, or fatigue

Every one of us, including automobile passengers, has a legal duty to act with reasonable care to avoid jeopardizing the safety of others. We must act in a manner that is not likely to cause harm to others. When we fail our duty, through carelessness or lack of action, we may be held accountable.

As your attorneys, the Truitt Law Offices would work to rebut or mitigate any evidence or testimony that indicated you contributed to the accident you were injured in. Most car accident claims are resolved in negotiations outside of court, where the contributory fault is less formally applied to settlement figures. If your claim were to go to court, we would work to develop a persuasive case to present to the jury on your behalf.

Contact a Car Accident Lawyer in Fort Wayne Today

If you have been injured in a car accident while a passenger in someone else’s vehicle, you may be able to recover compensation for your costs and losses. Because Indiana law makes passengers’ claims complex, you should speak with an experienced Fort Wayne car accident attorney to understand your legal options.

Make your first call your only call. At Truitt Law Offices, we help crash victims and their families in Fort Wayne, Huntington, and across Northeastern Indiana. Connect with us now for a free consultation.

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Is Lane Splitting Legal in Indiana?

Is Lane Splitting Legal in Indiana?

Lane splitting in Indiana is illegal. Under Ind. Code § 9-21-10-6, “a vehicle may not be driven or operated in a manner that deprives another vehicle of the full use of a traffic lane.” Lane splitting encroaches on the space of other drivers and denies not one, but two drivers, the ability to make full use of their lanes. It can be highly dangerous and lead to serious motorcycle accidents.

Lane splitting occurs when a motorcycle doesn’t stay confined to a lane but drives between other vehicles in order to move through traffic more efficiently. Lane splitting is also referred to as white-lining and stripe-riding since the motorcyclist is effectively riding along the line which divides the lanes. Lane splitting can also occur when a motor vehicle driver tries to share a lane with a motorcyclist.

What is Lane Splitting?

Lane splitting occurs when motorcycles ride between vehicles, or when a motor vehicle driver tries to “squeeze” into a lane next to a motorcycle. While motorcycles take up less space and tend to be more agile than standard vehicles, lane splitting is risky, and it puts everyone involved at a higher risk of colliding. So, if lane splitting is dangerous, why do people do it? Here are a few reasons:

• Efficiency – The ability to move through traffic with added ease is seen as a perk by many motorcyclists and car drivers.
• Recklessness – Some people fully know that lane splitting is dangerous. Still, they do it anyway because they are in a rush, perhaps.
• Road rage – If a motorcyclist or vehicle driver has an altercation with another driver, they may attempt to catch up with the other driver by weaving through traffic or otherwise trying to share a lane. This puts everyone in danger of serious injury in an accident.
• Lack of knowledge – Lane splitting laws vary by state and can be confusing. For example, lane splitting is legal in California and Hawaii. In many other states, bills to legalize lane splitting are pending. For this reason, many motorcyclists and car drivers may not realize that they are breaking the law when they split lanes.
• Inattention – Not paying suitable attention to road conditions may also be a reason that drivers split lanes. Car drivers, for instance, maybe too busy texting or talking on the phone while driving in order to notice that they have moved into the same lane as a motorcyclist.

Is Lane Splitting Dangerous?

Lane splitting poses a threat – especially to motorcyclists. The sheer size and weight of average cars compared to motorcycles pose a serious threat as well. When accidents occur, motorcyclists are vulnerable to much more serious injuries because they have few protections other than a helmet. The larger the vehicle involved in a lane-splitting accident, the more serious the injury is likely to be. Additionally, because motorcycles don’t have restraints such as a seat belt, riders and passengers are often thrown off of the vehicle at the time of an accident.

Due to the nature of motorcycle collisions, traumatic brain injuries (TBIs) are a serious threat to riders and passengers. Even when motorcyclists are wearing helmets, they can still suffer a TBI. The impact of a collision often results in devastating injuries that can have a lasting impact.

How Can Lane Splitting Lead to a Personal Injury Claim?

Indiana Code § 9-21-10-6 states that all drivers should have full use of their lane of traffic. This law prohibits motorcyclists and vehicle drivers from lane splitting because this act prevents others from moving freely in their own lanes. When motorcyclists and vehicle drivers break the law by engaging in the practice of lane splitting, they open themselves up to both criminal and civil legal action.

A civil suit could be brought against a motorcyclist or vehicle driver for their negligent actions if it causes injury to the other people involved. While civil lawsuits typically require the plaintiff to prove that the other party was negligent in his or her actions, those who claim negligence per se allege that the actions were negligent in and of themselves. Since lane splitting is illegal, the plaintiff need not prove negligence beyond showing that the illegal act occurred. The plaintiff would then need to establish that the violation of the law caused his or her injuries.

How Can an Attorney Help You After a lane-splitting Accident?

An important facet of a personal injury lawyer’s job is investigating the incident. So, in the aftermath of a lane-splitting accident, your lawyer at Truitt Law Offices will focus on determining who was at fault for your accident and, in turn, whose insurance will cover the cost of your damages. An injury lawyer at Truitt Law Offices will examine evidence such as:

• Physical evidence – This evidence can include photos of the scene, tire marks, and damage to property and vehicles.
• Witness follow-up – Any witnesses to the collision will be contacted for a statement about what they saw in order to provide further insight.
• Studying documentation – All collisions are accompanied by a paper trail or digital footprint which often includes the police report, insurance documentation, and medical reports

By closely studying the facts of your case, your injury lawyer from Truitt Law Offices will be able to gain an important perspective on what has occurred and can build the strongest possible case moving forward. Your lawyer will also protect you from the strategies that insurance companies often employ to try to avoid making payments or to pay as little as possible.

Insurance companies want to avoid paying the maximum amount that they owe to injury victims, which is why they often try to shift blame onto the victims. Due to the comparative negligence law in Indiana, victims can still collect damages even if they are partially at fault for the accident. However, the victim must not be 51 percent or more at fault for the damages, or else the victim will be responsible for damages.

When insurance companies offer settlements, they are hopeful that the injured parties will accept the initial offer – even if it is nowhere near the amount which the victim is owed. For this reason, you should always contact Truitt Law Offices before you accept a settlement offer. If necessary, an injury lawyer at Truitt Law Offices will take your case to trial in order to fight for a fair outcome.

Get Help from Our Indiana Motorcycle Accident Attorneys Today

If you have been involved in a motorcycle accident in Indiana, you should do everything that you can to protect yourself. Speaking with a lawyer is a crucial way to protect your rights. In addition to free initial consultations, the experienced motorcycle injury lawyers at Truitt Law Offices work on a contingency basis. This means that we accept payment only if we win your case.

Our attorneys are prepared to help motorcycle victims throughout Indiana. For more than 40 years, we have provided quality legal representation to people just like you, and we are ready to help you if you have been hurt in a serious motorcycle crash. Contact us to schedule a free consultation today through our offices in Fort Wayne, Huntington, and Indianapolis.

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How Long Do I Have to File a Personal Injury Lawsuit in Indiana?

In Indiana, the statute of limitations for a personal injury case is two years. What this means is that a victim must file their personal injury lawsuit within two years of the date of the accident or injury, or they risk having their case dismissed without being heard.

Before you file any type of lawsuit in Indiana, you need to know about the statute of limitations that applies to your case. The statute of limitations is a limit on the amount of time that can pass before the right to pursue an action is barred. Criminal cases have a statute of limitations as well.

What Are the Statutes of Limitations in Civil Cases in Indiana?

At Truitt Law Offices, our attorneys work exclusively on personal injury claims, which are a type of civil action. People file civil lawsuits for the purpose of recovering financial compensation, or damages. These lawsuits are separate and distinct from criminal cases. So, they are governed by a separate set of statutes of limitations. In Indiana, the statutes of limitations for the following civil actions are:

• Personal injury: Two years
• Wrongful death: Two years
• Property damage: Two years
• Premises liability: Two years
• Legal malpractice: Two years
• Medical malpractice: Two years.

In most cases, the clock on the statute of limitations starts ticking from the moment that the cause of action arises.
It may start to run on the date when a person suffers an injury or, as in medical malpractice cases, when a negligent act occurs that causes an injury.
In wrongful death cases, the statute of limitations starts to run from the date of the victim’s death.

For example, if you suffer an injury in a car accident on December 1, 2019, then the two-year statute of limitations will expire on December 1, 2021. However, if your loved one died on December 20, 2019 from the injuries that he or she suffered in that accident, the wrongful death statute of limitations would not expire until December 20, 2021.

If you were recently injured in a car accident, slip and fall or other type of incident due to someone else’s wrongdoing, our experienced Indiana personal injury lawyers at Truitt Law Offices can help you to understand the statute of limitations that is relevant to your case. We can advise you on how much time remains in which to file a claim, and we can ensure that all deadlines are met in your case. Because timing is so important, make sure to contact us as soon as possible to review your case in a free consultation.

Why Do Statutes of Limitations Exist?

Statutes of limitations exist for a variety of reasons, including:

• They protect defendants from having to worry about whether they will be sued or arrested after a great deal of time has passed. This is a matter of fairness.
• They reduce the risk that potentially crucial evidence in a case will be lost or destroyed, which is more likely to happen when too much time has passed. Additionally, over time, the memories of parties and potential witnesses will fade.
• They force plaintiffs in civil cases and prosecutors in criminal cases to act with due diligence.

After years and years have passed, the facts of a case can simply become murky and challenging to determine. So, in this sense, statutes of limitation help to protect everyone in civil and criminal cases. They ultimately serve to promote the interests of justice.

What Are Some Exceptions to the Indiana Statute of Limitations?

In some situations, the statute of limitations won’t start to tick from the date that an accident or injury occurred, or from the date of the negligent act. Instead, the statute of limitations may run from the date that a person knew or reasonably should have discovered that he or she suffered an injury. This is called the discovery rule.

For example, if a surgeon left a piece of medical equipment inside of a patient, and the patient did not discover that this negligence occurred until three years after he or she developed serious complications, the patient would not be held to the two-year time limit. Instead, that patient would have two years from the date of discovery in which to file a medical malpractice claim against the at-fault doctor or another medical professional.

If the patient was age 6 or younger at the time of the alleged medical negligence, then the patient will have until they turn age 8 to file a claim. This rule applies even when a child suffers injuries at birth.

Additionally, if a patient sues for more than $15,000 in a medical malpractice case, the patient must first submit a complaint to a medical malpractice review panel before the case can go to court. The statute of limitations will be “tolled,” or stop running, for 90 days after the patient receives the panel’s opinion.

In Indiana medical malpractice cases, two other rules can affect the statute of limitations:

• First, the two-year limit cannot be raised as a defense if the medical professional committed an act of deception that prevented a patient from discovering the alleged malpractice and injury within the two-year statute of limitations period.
• Second, if the medical professional’s negligence was part of a continuing course of conduct, the clock will not start to tick on the statute of limitations until the continuing conduct ends.

Finally, if you file a claim against a government entity, you generally must file a notice of claim within six months after the cause of action arises.

Our Personal Injury Lawyers in Indiana Are Here to Serve You

If you have questions about the statute of limitations for your personal injury case, we can help at Truitt Law Offices. We believe that it is always best to start working on cases as soon as possible after an accident or injury occurs. So, we encourage you to get in touch with us immediately if you are able. We will start working on your case as soon as we meet with you, including conducting a thorough investigation into what happened to you or your loved one.

We never want anyone to be barred from a financial recovery because they took too long to file a lawsuit. Contact us right away and schedule a free consultation through our offices in Fort Wayne, Huntington, or Indianapolis to avoid this issue.

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Does Indiana Have Leash Laws?

There is no statewide leash law in Indiana. However, individual towns, cities, and counties have the authority to adopt their own leash laws. Many localities require pet owners to keep their dogs leashed in most outdoor settings, whether on private or public property. Exceptions include designated off-leash dog parks.

Research suggests that dog bite injuries are among the top 15 most common types of nonfatal injuries in the United States. That means dog bites outpace nonfatal injury rates from motorcycle accidents, pedestrian accidents, and gunshots. Since the average annual cost of dog bite incidents is at least $400 million per year, it’s no wonder many states and localities adopt specific laws that apply to dog owners and handlers.

Commonly known as “leash laws,” these regulations define the unique responsibilities that dog owners have when controlling their pets in public. Leash laws are meant to encourage owners to take reasonable steps to prevent their dogs from biting or attacking others in public or private spaces.

When a dog bites or otherwise injures a person, Indiana law allows the injured party to hold the dog’s owner financially liable under certain circumstances. Questions surrounding dog owner liability in Indiana can be tricky, especially when local leash laws come into play. That’s why it’s best to work with a knowledgeable injury lawyer if someone else’s dog injured you.

At Truitt Law Offices, our seasoned Indiana dog bite attorneys are ready to help. We’re prepared to investigate the circumstances of the incident, file a claim on your behalf, and fight for the full compensation you deserve. Contact us today to discuss the details of your case in a free initial consultation.

Does Fort Wayne Have a Leash Law?

Yes, Fort Wayne has its own citywide leash law. Under § 91.020 of the Fort Wayne Code of Ordinances (FWCO), anyone who owns or controls a dog within city limits:

• Must ensure the dog is properly restrained when secured by a leash or lead under their physical control
• Must ensure the dog is properly confined within the exterior boundaries of their home or real property
• May not tether the dog outdoors between 11:00 p.m. and 6:00 a.m.
• May not tether the dog outdoors for any period if the dog is unsterilized or less than six months old
• May not tether or confine a dog in or around an unoccupied outdoor structure unless an adult is continuously present to monitor the dog
• May not tether more than three dogs at the same time in the same location
• May not tether more than one dog in a manner that allows the dog to come in physical contact with other tethered dogs
• May not tether dogs within three feet of another person’s property or a public thoroughfare in which others have the right of way

Is There a Penalty For Not Having Your Dog On a Leash?

Since Indiana has no leash laws on the books, the state does not impose penalties for failing to leash one’s dog. However, many towns, cities, and counties have their own laws and their own penalties for violating them.

In Fort Wayne, a dog owner who allows their dog to roam free without proper restraints can face civil fines ranging from $50 to $2,500 under FWCO § 91.999. If the city determines that the dog is a public safety risk or a repeat public nuisance, local animal control authorities may seize the animal.

Local codes also state that the court may order dog owners who violate Fort Wayne leash laws to compensate victims who suffer injury or property damage from dog attacks. The law specifies that negligent dog owners may be liable for:

• Medical, veterinary, and/or pharmaceutical expenses
• The costs of replacing a domestic animal
• The costs of repairing or replacing damaged property
• Lost wages (when victims miss time at work)
• Counseling or therapy related to the dog attack incident

What If My Dog Bites Someone While On A Leash?

Under certain circumstances, you could still be liable if your dog bites someone while they are on a leash. Under § 15-20-1 of the Indiana Code, you can be held financially responsible for dog bite injuries if the three following conditions apply:

• You recklessly, knowingly, or intentionally failed to take reasonable steps to restrain your dog while it was on the leash
• Your dog entered another person’s property
• As a result of your failure to restrain your dog, the dog bit or attacked another person without provocation and caused them bodily injury

If your dog bites someone, you can also be charged with a Class A or B misdemeanor.

What If My Dog Has Never Bitten Anyone Before?

Indiana courts typically follow a so-called “one bite” rule, which holds that a dog’s owner should only be liable if they knew or should have known that their dog was likely to attack. Bite victims can satisfy this requirement by demonstrating that the dog bit someone else in the past or that the owner knew of the dog’s history of aggressive behavior.

Keep in mind that the one-bite rule does not apply to cases where a dog bites a government employee going about their official duties, such as a police officer or letter carrier. If your dog bites or attacks one of these protected individuals without provocation, you can be held strictly liable for injuries and related losses.

Contact the Dog Bite Lawyers in Ft. Wayne Today

If you were bit by a dog in Fort Wayne, IN, don’t hesitate to seek help from the experienced personal injury lawyers at Truitt Law Offices. Our attorneys are prepared to investigate the incident and seek fair compensation on your behalf. Contact us today to learn more about your legal options in a free initial case review.

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