Should I Give a Recorded Statement to the Insurance Company After an Indiana Car Accident?

Soon after you have been involved in a car accident, you may be contacted by your insurance company or the other driver’s insurer to ask you to provide a recorded statement about the accident and your injuries. You may ask yourself, “Should I give a recorded statement to the insurance company?”

Ideally, you should not agree to provide a recorded statement to an insurance company after a car accident in Indiana. This is especially true if you have not consulted with a lawyer first. Instead, you should let your car accident attorney handle any communications with insurers on your behalf and provide them with the documents and information that the insurer needs to investigate and process your claim.

Am I Required to Give a Recorded Statement to Insurers?

Your obligation to provide a recorded statement after a car accident will depend on the insurer that asks you for it. If you are contacted by the other driver’s insurance company for a recorded statement, you have no obligation to comply. You should decline to provide a statement if asked.

However, your auto insurance policy may have a clause that obligates you to cooperate with your insurer in their investigation of your claim. This may include providing a statement if your insurer requests one.

If you refuse to cooperate with your insurer’s investigation, the insurer may deny you coverage under the terms of your policy. Regardless, even if you are contractually required to provide your insurance company with a recorded statement, you should ask your insurer to wait until you have had a chance to consult first with a car accident attorney.

Why Do Insurers Ask for Recorded Statements?

Insurers want recorded statements from the drivers and passengers involved in a car accident for several reasons. First, having statements from all the individuals involved in the crash may give the insurance company better insight into what happened and who may have caused it. But insurers sometimes ask for recorded statements because they hope a claimant may provide the information they can use to minimize or deny their claim. Specifically, they’re looking for comments like:

• An outright admission of fault for the accident.
• An implied admission of fault, such as, “I didn’t see the other car,” or even just a sympathetic apology for the accident.
• Inconsistencies with prior statements or claims that you have made.
• Anything that minimizes the severity of injuries, such as answering, “I’m fine,” in response to the question, “How are you doing?”
• Personal information, such as admitting pre-existing injuries or health conditions that might have caused you to become fatigued, drowsy, or distracted behind the wheel.

What Should I Say When Asked for a Recorded Statement?

If you are required or choose to give a recorded statement to the insurance company, remember these tips so you do not say anything that might jeopardize your rights:

• Do not admit fault or say anything that might be construed as an admission of fault.
• Provide direct, succinct answers to the adjuster’s questions. Do not offer any information not directly relevant to the question or keep talking just to fill a pause in the conversation.
• Do not guess. If you do not know the answer to a question, you can say so.
• Always ask for clarification if you think you may not have understood the question. Assuming you understood the questions might lead you to volunteer information you should not have.
• Ask the adjuster to refrain from making an audio or video recording of your conversation.

How Might an Insurance Adjuster Try to Catch Me Off Guard?

Adjusters are trained to ask claimants questions in such a way as to induce a claimant into saying something the insurer can use to deny or minimize their claim. Some of the tactics that adjusters may use to catch you off guard during a recorded statement include:

• Taking long pauses between questions, hoping that an uncomfortable silence will make you keep talking.

Asking you how you are doing at the beginning of the conversation. If you instinctively answer with, “I’m fine,” or, “I’m doing well,” the insurer may argue that you were not seriously injured in the accident.

• Asking you the same question or variations on the same question multiple times throughout the interview. If you give conflicting answers, the insurance company may find your claim not credible.
• Pushing you to agree to facts you believe might not be accurate or accusing you of not providing the whole truth.
• Taking a sympathetic, friendly tone with you to lull you into thinking that the adjuster wants to help you.

What Happens When Insurers Engage in Bad Faith?

Sometimes, insurers in Indiana stoop to bad-faith tactics when requesting a recorded statement from a car accident victim, including failing to pay a claim when there is no legitimate basis for denying liability. This may include misrepresenting policy language to convince a claimant that they must provide a statement or provide more information than they are required to by law.

Claimants can sue insurers that engage in these bad faith practices. If successful, a lawsuit can provide the claimant with the money they should have gotten under the terms of their policy and additional damages, depending on the circumstances.

What Duties Do I Owe My Own Insurer?

Your insurance policy may impose a contractual duty for you to cooperate with your insurer’s investigation of the accident. This duty may include providing documentation your insurer asks for and a statement about the accident. But there are ways to cooperate without putting your interests at risk. These options include consulting with a car accident attorney or providing a written statement rather than undergoing an interview with an adjuster.

How Can an Indiana Car Accident Lawyer Help Me?

When you work with an experienced Indiana car accident attorney at Truitt Law Offices, we can alleviate the stress that comes from dealing with insurance companies after a crash by taking steps such as:

• Handling all communications with the insurance company on your behalf so that adjusters contact your lawyer instead of you.
• Advising you of your potential obligations to provide a statement to the insurance company and whether you should agree to provide it.
• Preparing you for what to expect if you speak to an insurance adjuster.
• Negotiating with the insurance company for you to provide your statement in an easier format, such as in writing or by filing out a questionnaire, instead of providing an oral statement.

If you have more questions about giving a statement to the insurance company after being involved in a car accident, contact Truitt Law Offices today for a free, no-obligation consultation. We can help you to better understand your legal rights and go over what to expect while pursuing an insurance claim in Indiana.

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Do I Need an Attorney for My Indiana Car Accident Claim?

The legal aftermath of a car accident can be complex. Strictly speaking, you do not have to seek help from a personal injury attorney. Practically speaking, however, the odds of securing full and fair compensation for your injuries and losses from the at-fault party increase significantly if you do.

An attorney can help you by gathering evidence, investigating the law, negotiating with insurers, filing a lawsuit, arguing on your behalf in court, and helping you avoid pitfalls along the way. Further, our free initial consultations mean there is little downside to having one of our attorneys evaluate your case. Call Truitt Law Offices today to make sure you get started on the right foot down the road toward maximum compensation.

What Does a Personal Injury Attorney Do?

All attorneys are obligated to pursue and protect the best interests of their clients. In a personal injury case, this means helping clients secure the financial compensation they are entitled to for their injuries and losses, either at the negotiation table with the at-fault party or in court. It also means using their legal training and experience to avoid the many obstacles along the way.

• Make Sure You Know Your Rights and Options

Among the primary responsibilities of any lawyer is to make sure their clients are well informed about their legal rights and options. There is a reason lawyers are sometimes referred to as “legal counsel.” Ultimately, clients have the final say about things like accepting a settlement offer or taking their case to trial. However,  attorneys are responsible for making sure they can make an informed decision.

• Investigate the Law and Evidence in Your Case

Of course, your lawyer will use their legal training and experience to investigate the governing law, as well the terms of any controlling insurance policies. They will then gather evidence to build your case, including things like police accident reports, footage from the scene, witness statements, and medical treatment/billing records. All of this will be used to prove fault and the extent of your losses, which will then be used to calculate the amount of compensation you deserve.

• Negotiate an Insurance Settlement

Most personal injury cases never reach court. Instead, they are resolved in out-of-court settlement negotiations with the at-fault driver and their insurers. Of course, the other side wants to pay as little money as possible. Therefore, during settlement negotiations, they will try their hardest to minimize the extent and severity of your injuries. Your attorney’s job is to push back using the information gathered in step two.

• Prepare Your Case for Court

Though most cases never reach trial, some do. Going to court is a big decision. Because it can be costly and time-consuming, only cases with a good chance of securing a significant judgment will get this far.

Ultimately, each client makes the decision for themselves, but their attorney should make sure they have a good grasp of what is at stake. If you decide to go, your attorney will guide your case through the highly formal process and argue on your behalf before a judge and/or jury.

• Help You Avoid Making Easy Mistakes

The road toward compensation is full of challenges. Your attorney will be your closest ally and help you navigate the winding path. Among other things, they will help protect you against unscrupulous insurers.

Unlike your attorney, insurers will always put their bottom line before your best interests. Do not make the mistake of trusting them. If an adjuster calls before you secure representation, do not (1) admit fault, (2) provide a recorded statement, (3) sign a medical record release, or (4) accept their first settlement offer.

What Compensation is Available in a Personal Injury Lawsuit?

If you were injured in an auto accident at little to no fault of your own, you might be entitled to a wide range of compensation from the at-fault party. In most personal injury cases, compensation comes in the form of economic and non-economic damages, collectively known as compensatory damages. In rarer cases involving extremely irresponsible behavior from the at-fault party, you may also be entitled to punitive damages.

• Economic Damages

As the name suggests, economic damages are meant to compensate for losses that can be easily translated into dollars and cents. This form of damages is calculated by simply adding up things like medical bills, lost wages, repair estimates, and replacement costs. However, in the event your injuries leave you will permanent or long-term disabilities, things may get a bit trickier when calculating the value of your lowered earning capacity.

• Non-economic Damages

By contrast, non-economic damages are meant to compensate for intangible losses that do not boil down as easily to a fixed price tag due to their more subjective nature. This category includes things like pain, suffering, emotional distress, lowered quality of life, and loss of consortium.

Non-economic damages should not be underestimated, as they can significantly raise the total compensation you receive in your case. However, because each individual is likely to place a different value on these kinds of losses, it is very important to have a compassionate attorney who understands the true extent of your loss and who can compellingly communicate it to a jury.

Notably, though many states place a limit on the amount of non-economic damages injury victims may receive, Indiana generally does not. An exception exists when your case is brought against the state.

• Punitive Damages

Finally, punitive damages may be available in cases involving extremely irresponsible or otherwise reprehensible behavior. This form of damages is not awarded as compensation but rather as punishment for the at-fault party. Courts are normally reluctant to allow punitive damages due to their severe nature. When awarded, they are capped at three times the amount of your compensatory damages or at $50,000, whichever is higher.

When Should I Speak to a Personal Injury Attorney?

Personal injury cases are governed by a law known as the statute of limitations, which sets a deadline after which you may no longer file your case in court seeking compensation from the at-fault party. In Indiana, the deadline is set at two years after the date of the accident. There are several reasons missing this deadline can seriously compromise your case.

First, the longer you wait after an accident, the more time there is for evidence to deteriorate or disappear, as well as for witnesses’ memories to fade. Second, failure to file your case before the deadline passes nearly always results in your case being dismissed in court. Third, losing the ability to sue in court will simultaneously destroy your bargaining power when negotiating an out-of-court settlement with the at-fault party and their insurers.

The best way to avoid all three consequences is simply by having an experienced attorney review your case as soon as possible after your car accident. Our legal team is ready to evaluate and handle your case from start to finish. Call us today.

Speak to an Experienced Car Accident Lawyer

In closing, consulting with a personal injury attorney is not strictly required after being injured in an accident. That said, doing so will help ensure that you are well informed about your rights and avoid costly mistakes on the road to full and fair compensation for your injuries.

At Truitt Law Offices, we have over 40 years of experience representing car accident victims throughout Indiana. We have the skill and resources to help you too. Call us today for a free consultation with an experienced personal injury attorney near you. You pay nothing unless we win your case.

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Who Can I Sue After a Commercial Truck Accident in Indiana?

Accidents involving large trucks are among the most devastating we see. This is due to the huge size differential between everyday passenger vehicles and many of the commercial vehicles they encounter on the road. When these vehicles collide, passengers in the smaller of the two are at greater risk of suffering serious or even fatal injuries.

If you were involved in a truck accident in Indiana, you are likely wondering how you can recover compensation for your injuries. Accidents involving large commercial vehicles are often more complex than other auto accidents because there may be multiple liable parties. Ultimately, you may secure compensation from the truck driver, their employer, cargo owners, or even the truck manufacturer.

In all cases, you should not wait to speak with an attorney. The sooner you do, the sooner they can evaluate your case and start mapping your path toward maximum compensation. The personal injury attorneys at Truitt Law Offices are here to help. Call us today for a free consultation.

Common Causes of Truck Accidents in Indiana

According to a report by the Indiana University Public Policy Institute (UPPI), though commercial vehicles are involved in only 7.7 percent of all traffic accidents in Indiana, accidents involving these vehicles account for 16.7 percent of all traffic fatalities in the state. “Commercial vehicles” include large trucks, combination vehicles, pickup trucks weighing over 10,000 pounds, buses, and vehicles carrying hazardous materials.

The UPPI further reports that anywhere between 13,000 to 17,000 accidents involving commercial vehicles occur in the state each year. In 2017 alone, these resulted in 3,297 injuries and 152 deaths. Driver error is the primary factor in nearly 94 percent of commercial vehicle accidents. Common causes of Indiana truck accidents include:

• Unsafe lane maneuvers, such as swerving
• Following too closely
• Failing to yield the right-of-way
• Improper turning
• Disregarding traffic lights
• Speeding
• Distracted driving
• Fatigued driving

Liable Parties in Truck Accidents

Accidents involving large trucks are often characterized by the large number of potential at-fault parties. If you are injured in one of these accidents in Indiana, you may be able to secure compensation from:

• Truck driver – Of course, many large-truck accidents are caused by the truck driver’s irresponsible behavior. Among other things, this may include speeding, driving while distracted, following too closely, failing to check blind spots, and driving while impaired by alcohol or drugs.
• Trucking company – If the truck driver is directly employed by a trucking company, that company could be held liable for accidents caused by the driver’s actions while operating in the “course and scope” of their employment. A truck company could also be liable if it knowingly hired an unqualified or unlicensed driver, did not properly train its drivers, pressured drivers to work beyond their hours-of-service limits, or failed to administer required drug tests. Further, if the company failed to properly maintain its trucks, it could be responsible for an accident caused as a result.
• Truck manufacturer – If a truck defect or malfunction causes an accident, the manufacturer could be on the hook for products liability.
• Truck maintenance crews – Truck maintenance crews must perform routine maintenance on commercial trucks and ensure they meet all safety standards. If a truck malfunctions because of improper maintenance, the person responsible for maintaining the truck could be liable.
• Truck loaders – The cargo in a commercial truck must be loaded, balanced, and appropriately secured to prevent accidents. A cargo loader who fails to meet these requirements could be liable for a crash caused by improperly loaded or secured cargo.
• Other motorists – In many cases, car accidents involving large trucks are not caused by truck drivers at all. For example, if a third-party driver recklessly cuts in front of a large truck and causes it to collide with your own vehicle, that driver could be liable for resulting injuries.

How to Prove Negligence in an Indiana Commercial Truck Accident

The vast majority of personal injury cases, including those involving large trucks, rely on a negligence theory to recover compensation. According to this legal theory, all drivers have a duty to operate their vehicles safely to reduce the risk of harming others. This is known as the duty to use “reasonable care.”

Failure to uphold this duty can lead to legal liability when someone is injured as a result. However, injured victims must prove by a “preponderance of the evidence” that the responsible driver caused the accident. An experienced attorney can help you build a strong negligence case by:

• Gathering evidence from the scene
• Interviewing witnesses
• Examining surveillance footage
• Requesting a copy of the police accident report
• Demanding records from the truck company, such as employment records, maintenance records, and “black box” logs
• Handling communication with insurance companies
• Negotiating an out-of-court settlement
• Taking the case to court if a reasonable settlement cannot be reached

Compensation Available for Truck Accidents in Indiana

If you were injured at no fault of your own in an auto accident involving a large truck, you might be entitled to a wide range of compensation. With the assistance of an experienced truck accident attorney, you may be able to pursue compensation for the following:

• Medical expenses related to treating your injuries, including hospital stays, surgeries, doctor’s appointments, physical therapy, medications, and medical equipment
• Lost wages if you are unable to work while you recover
• Loss of future earning capacity if your injuries result in permanent disability
• Pain and suffering
• Lowered quality of life
• Emotional distress
• Loss of consortium
• Funeral and burial expenses
• Wrongful death
• Property damage

Contact Truitt Law Offices for Help After an Indiana Truck Accident

If you were injured in a large-truck accident in Indiana, do not hesitate to speak to a personal injury attorney. The experienced commercial truck accident attorneys at the Truitt Law Offices can evaluate your case to determine who is liable for your injuries and how much compensation you could be owed. We are ready to handle your case and fight for you. Contact us today for a free consultation.

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Who Can File a Wrongful Death Lawsuit in Indiana?

The sudden and unexpected loss of a loved one can be among the most traumatic and destabilizing events in our lives. Of course, no amount of money can make up for the loss of someone held close to our hearts. However, if you have lost loved one due someone else’s actions, you may be entitled to legal compensation.

In Indiana, wrongful death lawsuits must be filed in accordance with very specific requirements. For example, a claim seeking compensation for the death of an adult must be brought by a personal representative on behalf of the deceased person’s estate. By contrast, claims seeking compensation for the death of a child may be brought by the child’s parents or guardians.

The Indiana wrongful death attorneys at the Truitt Law Offices are proud to provide compassionate legal representation as you grieve the loss of your loved one. We will make sure your case is properly filed and fight for the compensation you deserve. Call today for a free consultation.

What Are the Top Causes of a Wrongful Death Lawsuit?

The common denominator in wrongful death cases is simply that the deceased’s untimely death was caused by someone else’s wrongful actions. Beyond this shared feature, wrongful death cases are a diverse category. Some accident types that commonly result in wrongful death cases include:

• Vehicle accidents
• Criminal assaults
• Slip-and-fall accidents
• Defective products
• Medical malpractice
• Workplace injuries

What are the Steps in an Indiana Wrongful Death Lawsuit?

The steps in handling a wrongful death lawsuit are similar to those in most other personal injury cases. In most cases, your first step should be finding an attorney experienced in handling wrongful deaths. Subsequent steps in most wrongful death cases include:

• Gathering Evidence – As with any personal injury case, you will need evidence to establish an at-fault party’s liability. In a wrongful death suit, this may include an autopsy report, medical records, witness interviews, surveillance footage, accident reconstructions, and more.
• Determining Liability – An obvious but critical step in any wrongful death case is establishing the at-fault party’s culpability. In other words, you must prove that the at-fault party’s negligent, reckless, or intentional actions caused your loved one’s death. There may be mor than one at-fault party depending on the case.
• Assessing the Case Value – In addition to evidence of the accident itself, you will also need evidence establishing a monetary value of your loss. Of course, no amount of money can truly compensate the loss of a loved one. However, there are many factors that may influence the total amount of legal compensation you receive. These may include the medical treatment your loved one received prior to death, the income your family has lost, the value of the household services your deceased loved one provided, and others.
• Negotiating a Settlement – Trial can be costly, time consuming, and unpredictable. Therefore, reaching an out-of-court settlement can be beneficial to all parties involved in your case. Your attorney can be your closest ally in negotiating a reasonable settlement and making sure you are not taken advantage of.
• Going to trial – In some cases, it is impossible to reach a settlement through negotiation. When negotiation fails, the only way to get full and fair compensation is through a trial in court. At this point, it is very important to consult with an attorney experienced in handling these proceedings.

A wrongful death lawsuit can be complicated, and it may take months to reach a verdict and even a satisfactory an out-of-court settlement. Because wrongful death suits can be time consuming, it is best to have an attorney evaluate your case sooner than later. Our attorneys have handled many wrongful death cases and are ready to handle yours.

What Sort of Compensation is Available in a Wrongful Death Lawsuit in Indiana?

The compensation you could be owed under Indiana law depends on a number of factors. These include the age of the deceased individual, their marital status, and their number of dependents.

Compensation for Death of a Child. If the deceased person was a child, their parents may be owed compensation for:

• Funeral and burial costs
• Expenses associated with the child’s healthcare, hospitalization, outstanding debt, and estate administration
• Loss of the child’s services
• Loss of love and companionship
• Grief counseling for the parents and any other minor children

Indiana’s wrongful death statute defines “child” as (1) anyone under twenty years old or (2) anyone under twenty-three years old if enrolled in a postsecondary educational institution. Damages for the wrongful death of a child are not capped.

Compensation for Death of an Unmarried Adult with No Dependents. If the deceased person is an unmarried adult with no dependents, compensation could cover:

• Funeral and burial expenses
• Medical and hospital expenses
• Loss of love and companionship ($300,000 cap)

Compensation for Death of an Adult Who Is Married and/or Has Dependents. If the deceased person has a surviving spouse or dependents, they may recover compensation for:

• Funeral and burial expenses
• Medical and hospital expenses
• Loss of the deceased’s future earnings
• Loss of the deceased’s love, affection, training, care, and guidance

Is There a Time Limit for Filing a Wrongful Death Lawsuit?

Like any other personal injury case, wrongful death actions are governed by a statute of limitations. In Indiana, the statute of limitations is set at two years from the date of the death. In nearly all cases, failure to file your case before this deadline will result in your case being dismissed in court, thereby eliminating your chance to secure legal compensation for the loss of your loved one.

Avoid this result by speaking with a wrongful death attorney as soon as possible. The injury attorneys at the Truitt Law Offices are ready to evaluate your cases and strategize your path toward maximum compensation.

Contact an Indiana Wrongful Death Lawyer Today

At the Truitt Law Offices, we understand how traumatic and painful the loss of a loved one can be in the lives of our clients and their families. If you have lost someone close to you in a wrongful death, our attorneys are here to help you understand your rights and fight for maximum compensation allowed under law. Contact us today for a free consultation.

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The Car Accident Settlement Process in Indiana

When pursuing car accident claims in Indiana, the lawyers of Truitt Law Offices explore all options for recovering maximum compensation for clients.

Most car accident claims are settled outside of court by negotiating with insurance companies. As your attorneys, we will determine liability for the accident, calculate your losses, and present a settlement demand to insurers.

If insurers refuse to do the right thing in your car accident case, we will file a lawsuit and be ready for trial. Our Fort Wayne car accident lawyers will bring their combined decades of negotiating and courtroom experience to bear in our fight for full compensation for you.

The attorneys at Truitt Law Offices of Fort Wayne, IN, will guide your claim through the process required to seek all of the compensation you are due. Contact us by phone or through our online form to set up a free consultation with one of our auto accident lawyers.

Determining Liability in a Car Accident Case

After you engage Truitt Law Offices as your attorneys, we will handle all of the work necessary to pursue your car accident insurance settlement. Our first task is to investigate the accident and gather evidence that shows who is responsible for your injuries.

There are many types of evidence to review in a car accident case, ranging from police reports to traffic tickets to statements from victims and witnesses and accident reconstruction reports. Other evidence that may be useful in your case includes:

• Crash scene evidence, such as skid marks, pavement gouges, and roadside damage, which can indicate how the accident occurred.
• Vehicle damage, which indicates the severity of the crash and may help determine whether mechanical failure contributed to the crash.
• Cell phone records may indicate the other driver’s activity prior to the crash, including being on the phone at the moment of the accident.
• Surveillance camera footage may have captured the crash or the other driver prior to the crash.
• Black Box Event Data Recorder information, which records the vehicle’s operations at the moment of impact, including speed upon impact, acceleration, braking, steering, and the number of impacts.

There may be other individuals or organizations responsible for the accident in addition to the drivers involved. Examples include:

• The other driver’s employer if the driver was driving as part of their job at the time of the crash.
• A bar, store, restaurant, or social host that provided alcohol to someone who was visibly intoxicated or underage and later caused the accident.
• A mechanic whose faulty repairs to a vehicle contributed to the crash.
• A government agency or contractor responsible for road design or construction or a highway construction zone that was improperly designed and contributed to the accident.

We will identify the liable party’s insurance company in preparation for submitting our demands for compensation on your behalf.

Calculating the Compensation You Are Due in a Car Accident

As we investigate responsibility for the car accident, we will track your costs and losses from the accident. We will do this by obtaining copies of your medical bills, lost work confirmation from your employer, and all future medical expenses anticipated as part of your recovery from the accident.

The types of compensation that we seek for you may include payments for:

• All accident-related medical expenses
• Wages lost during your recovery
• Diminished earning capacity due to permanent injuries
• Physical and emotional pain and suffering
• Permanent scarring
• Loss of companionship and funeral expenses in the event of the wrongful death of a loved one

In cases of disabling injury, we work with life-care planners to determine the projected cost of your future medical and personal care needs, as well as the impact of your injuries on your life. Our goal will be to determine the full extent of your losses and the maximum value of your car accident claim.

We’ll Demand Full Compensation for Your Car Accident Losses

Once we have evidence of liability for the car accident and determine your losses, we will present a demand letter to the insurance company representing the at-fault driver. We will make sure any insurance you hold pays as it should, too.

An insurance company may respond to a demand letter by:

• Paying our demands up to the limit of coverage they have extended to the liable party.
• Rejecting our demands and denying the claim.
• Rejecting our demands and offering a lower settlement amount.

Typically, insurers make a counteroffer to settle the claim. If the amount is reasonable and acceptable to you, we can agree to it and conclude the case. In many cases, the insurance company’s initial offer is not acceptable. We would try to negotiate with the insurance company toward an acceptable settlement.

We will advise you about any settlement offer we receive. Ultimately, whether to accept a settlement offer is your decision.

Filing a Personal Injury Lawsuit After a Car Accident

Most car accident cases are settled without a trial. If an insurance company refuses to agree to an appropriate settlement for your losses, we can file a personal injury lawsuit asking the court to compel payment.

There are many steps to a lawsuit before it is heard in court. The process includes discovery, in which each side shares its evidence with the other, and opposing attorneys question parties involved in the lawsuit under oath. We will prepare you for your role in discovery.

It is not unusual for a claim to be settled during discovery as the strength of our case becomes evident. A settlement may be offered and accepted at any time before a jury renders its verdict.

If your case goes to trial, we will brief you about what to expect and be at your side throughout the process.

At trial, we will present your case, and the insurance company will present its rebuttal. Each side will be allowed to present and cross-examine witnesses. After hearing both sides, the jury will consider the evidence and render its verdict, including the amount of compensation you are to be paid.

Contact Our Fort Wayne Car Accident Attorneys

If you have been significantly injured or lost a loved one in a car accident in Fort Wayne, contact Truitt Law Offices as soon as you can. In Indiana, you generally have two years from the date of a car accident to file a personal injury lawsuit. As we discuss above, there are many steps to a car accident claim which can be time-consuming to investigate and prepare. It is best to contact an attorney as soon as possible after an accident.

Attorney Richard Truitt has helped car accident victims and their families in Fort Wayne, Huntington, and across Northeastern Indiana for more than 40 years. Make your first call your only call. Connect with us now for a free consultation.

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Who Is Liable for Multi-Car Accidents in Indiana?

It can be difficult to determine which driver is at fault in a multi-car accident in Indiana and legally liable for the injuries suffered by others. It often takes an independent investigation to determine who should be held financially responsible and what they owe the injured.

The car accident lawyers of Truitt Law Offices can investigate the accident you were in and help you seek the compensation available by law. Fort Wayne car accident attorney Richard Truitt has successfully represented Indiana car accident victims and their families in Fort Wayne, Huntington, and communities throughout Northeastern Indiana for more than 40 years.

When a car accident involves three or more cars, there may be multiple parties who were negligent and multiple insurance policies available to provide compensation. The legal team at Truitt Law Offices will explore all the options for pursuing maximum compensation for you after a multi-car accident.

Working with a knowledgeable multi-vehicle accident attorney can be crucial to developing a strong accident claim. Allow the experienced and compassionate Fort Wayne car accident lawyers of Truitt Law Offices to review your case today. Contact us now for a free no-obligation legal consultation.

What Are Some Types of Multi-Car Accidents?

In a pileup, a series of rear-end collisions often occur as vehicles run into cars that have already slowed or stopped to avoid a collision. These accidents are sometimes referred to as chain-reaction collisions, with one car after another hitting a crashed vehicle ahead.

In addition to rear-end collisions, we often see multi-vehicle car accidents resulting from:

• Sideswipe accidents. A driver making an unsafe lane change glances off of the side of another vehicle as it tries to merge, causing either car to spin out of control and collide with other vehicles.
• Intersection accidents. An accident can occur when a driver attempts to turn left at an intersection and misjudges the speed of approaching vehicles leading to a collision. When cars collide at high speed in an intersection, the impact can send one or both vehicles careering into others.
• Work zones. Highway construction zones are dangerous places for multi-vehicle accidents. Road work zones require traffic to slow down and often merge lanes, detour, or stop. If a driver fails to slow down in a work zone, the driver may be unable to stop if traffic ahead stops unexpectedly. The highway contractor operating a work zone may be liable for crashes if the construction zone was not properly designed with adequate warnings and room for traffic to safely slow and merge. It is more likely that a negligent driver failed to recognize the need to slow down for the upcoming work zone.
• Debris on the road. Debris on a highway, such as cargo that falls off a trailer, is a common cause of accidents, as drivers swerve or slam on breaks to avoid running into the obstacle on the road. A driver who avoids a crash may cause others to crash because of their sudden, unexpected maneuver. A chain reaction of multiple vehicles braking, swerving, and crashing may follow.

Causes of Multi-Car Accidents

Multi-vehicle accidents can result from many types of driver negligence. A driver may cause a multi-car collision by:

• Failing to look adequately before attempting a turn or changing lanes
• Misjudging the speed of an oncoming vehicle or the distance between vehicles
• Misjudging another driver’s intentions
• Violating traffic laws, such as failing to yield or running a red light or stop sign
• Speeding and losing control of a vehicle
• Driving while distracted
• Driving while impaired by alcohol, drugs, or excessive fatigue

After a multi-car accident, it is not unusual for additional collisions to occur because of distracted drivers straining to get a look at the accident. Sometimes, secondary accidents caused by rubbernecking drivers occur on the opposite side of divided highways adjacent to the original collision.

How Is Fault Determined in a Multi-Car Accident?

After a multi-vehicle accident, it may not be immediately apparent why the crash happened. As the number of cars in a multi-vehicle collision goes up, the difficulty of determining who has liability also increases. Insurers are more likely to try to shift the blame to avoid liability. More than one driver – or a  third party such as a pedestrian – may have contributed to the accident as well.

Truitt Law Offices can investigate the multi-car accident that left you with serious injuries and gather evidence to support your claim for compensation. The evidence sought in crash investigations includes:

• Police reports. Responding officers record the identities of all involved, their injuries, the vehicles involved, their damage, and their final positions relative to each other. The police report contains the officer’s initial determinations about what happened and who if anyone was issued a traffic citation.
• Witness statements. This includes statements from those involved in the crash and anyone who may have seen it happen.
• Crash scene evidence. Skid marks, pavement gouges, and other evidence at the accident scene can be useful in determining how the accident occurred.
• Vehicle damage. Damaged vehicles can be evaluated to determine whether mechanical failures contributed to the crash.
• Event data recorders. The data recorders in newer vehicles contain data such as speed and trajectory at the time of impact, whether the driver braked, and whether cruise control was engaged.
• Surveillance footage. Security cameras at nearby businesses, ATMs, or public buildings may have captured the accident on video.

In a case involving a large multi-vehicle accident, our attorneys may work with accident reconstruction specialists to determine how the accident occurred.

Accident reconstruction specialists make a variety of sophisticated measurements to divide a pileup into separate crashes and determine how they happened. They study the evidence with a variety of forensic techniques to determine what occurred and where responsibility lies.

They provide us with narrative reports that include detailed graphics and can provide expert testimony supported by animated depictions of the most complex crashes.

Contact an Indiana Car Accident Lawyer Today

Multi-vehicle car accidents are often complex and confusing for those who have been injured or lost a loved one in them. The attorneys at Truitt Law Offices can investigate your accident, file your insurance claim and seek full compensation for you.

Don’t wait to seek help from an experienced multi-vehicle car accident lawyer at Truitt Law Offices. You generally have two years from the date of an auto accident to file a personal injury claim.

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

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Should I Go to the Doctor After My Indiana Car Accident?

Many injuries caused by car accidents are immediately obvious, such as broken bones and cuts. However, others are not. The body responds to stress by releasing adrenaline, which blocks pain. That’s why it’s always best to seek medical help after an accident, even if you feel fine.

The Indiana car accident attorneys at Truitt Law Offices are here to explain why some accident victims avoid seeking medical care and what you can do to protect your health and legal rights after a crash. To learn more, contact our firm for a free initial consultation.

When Should You See a Doctor After a Car Accident?

You should see a doctor as soon as possible after a car accident – even if you feel fine immediately after the accident. Not only can the trauma of a car accident hide the severity of any resulting injuries, but some may take days or weeks to manifest themselves. That means you could be suffering from a serious, even life-threatening injury that you have no way of noticing until you’ve consulted with a doctor and had an examination and other tests.

However, some people find going to the doctor uncomfortable, impractical, or otherwise difficult. Studies suggest many Americans avoid going to the doctor even when they believe they need care. The reasons vary from person to person. But one study published in the Journal of General Internal Medicine found that some common factors include the following:

• Critical opinions about seeking care – More than a third of participants reported having negative feelings about going to the doctor based on unfavorable views of physicians, medical facilities, or the healthcare industry.
• No or low perceived need for medical care – More than 12 percent of participants reported that they didn’t think they needed medical care. Some believed their illnesses or injuries would improve.
• Traditional barriers to seeking care – More than half of the participants didn’t seek care due to “traditional barriers.” These barriers include the high cost of medical care at about 24 percent, time constraints at 16 percent, and lack of health insurance at 8 percent.

Regardless, you should plan to visit a doctor no more than 72 hours after any car accident. Putting it off can be a serious mistake. Not only do you risk missing life-saving care, but you could also jeopardize your legal case. This is because records and bills from health care facilities are among the most critical pieces of evidence establishing losses and tying them to the accident. Many insurance policies even require that you see a doctor within this window for your medical care to be fully covered.

Can a Doctor’s Report Be Used as Evidence in My Accident Claim?

Doctors’ reports and other medical records can be essential evidence in a car accident claim. This can include evidence such as the following:

• Paramedic or ambulance reports
• Triage notes and admittance charts
• Initial treatment records from emergency rooms or urgent care clinics
• Medical history records, including physicians’ and nurses’ notes
• Prescription records, including medication names and dosages
• Medical narratives, including diagnostics and prognostics
• Imaging studies and other diagnostic test results
• Consultations, referrals, and correspondence from physicians
• Records and line-item bills from initial and follow-up appointments

This medical evidence can serve several purposes in your Indiana car accident case. Your medical records establish a formal, date-specific connection between the crash and your injuries. These records also illustrate the extent and impact of your injuries. And the test results and doctor’s notes reveal the potential long-term effects you are likely to suffer from your injuries. Together, these elements paint a complete picture of the personal and financial losses you have incurred due to the crash.

What Happens If I Do Not See My Doctor After a Car Accident?

If you don’t seek medical care after a car accident in Indiana, it could harm you in more ways than one. Most importantly, you may suffer from additional or aggravated injuries if you don’t get the necessary care.

But not seeing a doctor can also make it significantly more difficult to recover compensation. The insurance company might blame you for your injuries and suggest that they weren’t related to the car accident or that you made them worse by not addressing them in time. Without medical records to back you up, you’ll have difficulty proving otherwise.

Even if you had a legitimate reason to avoid or delay seeking treatment, the insurance company is more likely to minimize or deny your claim if you didn’t get care quickly. You should also remember to continue attending all follow-up appointments as scheduled. Don’t allow the insurance company to argue that your injuries aren’t covered.

How Long After an Indiana Car Accident Can You File a Lawsuit?

You have just two years from the date of the car accident in Indiana to file a personal injury lawsuit in civil court. If you try to file your suit after the deadline has passed, the court will most likely dismiss your case. At that point, you will lose the chance to file suit through the civil courts.

Although this deadline does not apply to car insurance claims, negotiating a fair settlement will be more difficult if the insurance company knows you can’t hold them responsible in court. That’s why speaking to a knowledgeable car accident attorney after a crash is so important.

Contact an Indiana Car Accident Lawyer Today

If you were involved in a car accident in Indiana, you might have been injured even if you didn’t feel hurt immediately. Protect your health and legal rights by seeking prompt medical care and speaking to a trusted car accident lawyer. Contact the legal team at Truitt Law Offices today to learn more about your legal options in a free case review.

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Who Is at Fault in a Rear-End Collision in Indiana?

Were you injured in a rear-end car accident caused by another motorist in Indiana? If so, you may have a right to file a claim against the other driver’s liability insurance to recoup your medical expenses and other accident-related losses.

Indiana is an at-fault state regarding car accident claims.  Indiana requires all drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury liability coverage and $25,000 per accident in property damage liability coverage. The auto liability insurance of the at-fault driver typically pays for the costs of other people’s injuries and property damage.

To seek compensation from another driver’s insurance policy after a rear-end collision in Indiana, you must be able to prove that the other driver is at fault. In rear-end crash cases, people commonly assume that the rear driver is to blame. That is not always the case. That is why it’s helpful to have an experienced lawyer review the accident.

At Truitt Law Offices, our Indiana personal injury lawyers have more than 40 years of experience serving local accident victims. If you have been injured in a rear-end crash, we can help you hold the negligent driver accountable and seek the compensation you deserve. Contact us today to learn more about your legal options in a free consultation.

Is It Always My Fault If I Rear-End Someone?

The driver who rear-ends the vehicle in front is usually at fault in a rear-end collision. Under § 9-21-8-14 of the Indiana Traffic Code, motorists are prohibited from following other vehicles too closely. Drivers should allow enough distance between cars to stop safely if the driver in front brakes unexpectedly. It’s unsafe and illegal to tailgate another vehicle.

Any of the following parties may be partially or entirely at fault for a rear-end collision:

• The leading driver – The driver in front could be at fault if they stop suddenly in an active traffic lane or cut too closely in front of another vehicle

• A driver backing up—A driver who is moving in reverse may cause a rear-end collision by backing into another car.

• Another road user – A third motorist could be at fault if they hit the rear driver and pushed them into another vehicle. A negligent pedestrian or cyclist could also be at fault if they illegally darted into traffic and prompted a motorist to slam on their brakes, leading to a rear-end collision.

• A manufacturer – A manufacturer could be at fault if a defective vehicle component failed and contributed to a rear-end accident.

• A government agency – A local government agency could be held liable if inadequate road maintenance or missing signs contributed to the wreck.

How Common Are Rear-End Collisions?

Traffic statistics from the National Highway Traffic Safety Administration (NHTSA) suggest that rear-end collisions are the most common type of vehicle crash:

• In a single recent year, rear-end collisions accounted for nearly one in three traffic crashes and 45 percent of all two-vehicle crashes nationwide.
• More than 2,194,000 rear-end collisions occurred throughout the country.
• Among the 2,194,000 rear-end accidents, 595,000 accidents resulted in reported injuries, and 2,346 resulted in fatalities.
• The 595,000 rear-end injury crashes represented 31.1 percent of all injury crashes to occur that year. The 2,346 fatal rear-end crashes represented 7.1 percent of all fatal crashes that year.

How Do You Prove Fault in a Rear-End Accident Case?

What happens when both drivers claim the other party was at fault in a rear-end accident? The insurance adjusters will review the police report and other available evidence and make a determination of fault. If you have an experienced attorney representing you, your attorney can seek evidence such as surveillance camera footage to support your injury claim. Other types of evidence include:

• Police crash reports
• Photos of vehicle damage, visible bodily injuries, and the accident scene
• Video footage from dash cams, and other recording devices
• Statements from third-party witnesses who saw the crash occur
• Testimony from expert witnesses, such as accident reconstruction specialists

Do I Need a Lawyer for My Rear-End Collision Claim?

If the rear-end collision was a relatively minor fender-bender that didn’t result in any significant injuries, you might be able to settle the claim on your own. However, it’s a smart move to consult an Indiana personal injury attorney if any of the following apply:

• You suffered significant physical or emotional injuries as a result of the collision
• Your crash injuries were severe enough to cause you to miss time at work
• It’s unclear who was at fault
• There were multiple vehicles involved in the accident
• The collision occurred in a school, work, or construction zone
• The other driver was uninsured or underinsured
• You have trouble obtaining or preserving supporting evidence for your claim
• The other driver’s insurance company is trying to deny your injury claim
• The insurance company asks you to provide a recorded statement
• You have concerns about your legal rights or ability to negotiate a settlement

Contact a Rear-End Accident Attorney in Indiana Today

Proving fault in a rear-end accident claim can be a challenge. The trusted legal team at Truitt Law Offices can guide you every step of the way as you seek compensation for your injuries Contact our firm today to discuss the details of your case with us in a free initial strategy session.

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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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How Do I Get a Police Report for a Car Accident in Indianapolis?

If you’ve been involved in a collision in Indianapolis, you can purchase a copy of your official accident report through the Indiana State Police’s repository or from the local police department that responded to the scene. Reports filed by Indianapolis Metropolitan Police Department officers can be purchased in person at 50 N. Alabama St., E100l, Indianapolis, IN 46204 for $12. You can also buy a copy of your accident report online at BuyCrash.com.

How to Obtain a Copy of Your Accident Report Online

If you wish to purchase a copy of your accident report online, the Indiana State Police has made electronic reports available through the BuyCrash.com website for a small fee. To get a copy of this report online, you’ll need to provide the following information:

• The date and location of the collision
• The state and law enforcement jurisdiction where the accident occurred
• Your first and last name
• The report number (if given to you by a responding police officer)

How Your Accident Report Can Help Your Personal Injury Claim or Lawsuit

The official accident report will often prove to be a vital document if you are planning to file a claim with your own insurance company or if you need to file a personal injury claim against the person who caused the crash.

When police officers respond to the scene of an accident, they will create and file the report. This report will include information including:

• Descriptions of damage to the vehicles and a diagram of the crash
• Any citations or arrests made at the scene
• Preliminary report detailing how the collision happened, based on the initial investigation
• Verification of insurance for both parties, or confirmation if one or both parties is uninsured
• Description of injuries suffered (if any)

Because the police report is an official document, it can be powerful evidence that could bolster your case for compensation. It will establish the facts of what happened, could indicate who was at fault, and will include relevant information that your attorney and the insurance companies will use when evaluating the case. It could also prevent the other side from claiming you were at fault.

When Your Accident Report Doesn’t Prove the Other Driver’s Negligence

What if the accident report doesn’t clearly state that the other driver was negligent? In some instances, it might be unclear to the responding officer what happened or who was to blame. When this happens, don’t despair. It is still possible to prove that you are owed compensation from the other party, even if the official accident report doesn’t help with your claim.

After an accident, it’s always a good idea to gather as much evidence as possible. This includes the names and contact information for any eyewitnesses who saw the crash. An objective account from a third party who saw what happened can be compelling evidence for your injury claim.

You should also take pictures and videos of the vehicles, your injuries, and the accident scene after a crash. Photographic and video evidence could help show what happened, particularly if you can capture the scene from multiple angles, get shots of skid marks on the road, road signage, and the conditions at the time of the accident.

You should also hire an experienced attorney to represent you as soon as possible after a collision in Indianapolis. Your lawyer will conduct a thorough investigation into the crash and will work to secure evidence before it is lost, cleaned up, or destroyed. The sooner you hire a lawyer, the stronger your case will likely be, since they will have adequate time to determine what happened before the evidence is gone and eyewitnesses’ memories fade. Additionally, your lawyer may hire experts such as accident reconstruction specialists who can create graphics that show how the crash likely occurred.

Having a police report that clearly assigns blame to the other party is convenient to have but is not always the only way to prove that you deserve compensation after a crash. With an experienced car accident lawyer on your side, you could still recover what you’re owed.

Even if You Were Partially at Fault, You Could Seek Compensation

Indiana is a “fault” state regarding car accident injury and property damage claims. This means that if a motorist is found to be at fault for a crash, the other driver can seek compensation for their injuries and losses, including:

• Medical expenses
• Vehicle repairs or replacement
• Lost wages
• Pain and suffering

To award compensation, each party’s level of fault must be determined. A driver will be responsible for paying the other party based on their percentage of fault for the crash. Indiana follows a “comparative negligence” doctrine, also referred to as the “51 percent rule” when it comes to fault after an accident. This means that you are eligible to receive compensation if you are partially responsible for a collision, as long as you are 50 percent or less to blame. If you are found to be 51 percent or more to blame for the accident, you will be barred from recovering compensation.

So, if your total compensation would have been $100,000, but you were found to be 40 percent responsible for the crash, your award would be reduced by 40 percent. Therefore, you would ultimately recover $60,000.

Contact an Indianapolis Car Accident Attorney Today

If you were injured in a car accident in Indianapolis, don’t trust your injury claim to just any law firm. For more than 40 years, the car accident lawyers at Truitt Law Offices have fought for the rights of those injured in collisions in Indianapolis and across Indiana. If you need assistance getting a copy of your crash report, we can help. We want to hear your story and how the crash has affected your life, so call us or reach out to us online for a free consultation today.

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