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    <title type="text">Parr Richey Frandsen Patterson Kruse LLP</title>
    <subtitle type="text">Parr Richey Frandsen Patterson Kruse LLP</subtitle>

    <updated>2026-06-17T18:51:21Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[5 dangerous roadside hazards in Indiana and how to avoid them]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/06/5-dangerous-roadside-hazards-in-indiana-and-how-to-avoid-them/" />
            <id>https://injury.parrlaw.com/?p=50193</id>
            <updated>2026-06-15T15:55:56Z</updated>
            <published>2026-06-15T15:55:56Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[A drive across Indiana may seem normal until something unexpected appears in your path. A deer steps onto the road or traffic slows near a work zone. These hazards often leave little time to react. Knowing where they usually happen can help you spot danger sooner and make safer choices behind the wheel. It also helps to look at several…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/06/5-dangerous-roadside-hazards-in-indiana-and-how-to-avoid-them/"><![CDATA[A drive across Indiana may seem normal until something unexpected appears in your path. A deer steps onto the road or traffic slows near a work zone.

These hazards often leave little time to react. Knowing where they usually happen can help you spot danger sooner and make safer choices behind the wheel. It also helps to look at several roadside obstacles that Indiana drivers frequently encounter.
<h2>Deer crossings</h2>
Deer-related crashes occur across Indiana, especially on rural roads and near wooded areas. The risk often rises in the fall and around sunrise or sunset, when deer become more active and visibility decreases.

How to avoid it: Scan both shoulders as you drive through rural or wooded areas. If a deer enters your lane, brake firmly and stay in your lane because swerving can cause a more serious crash. A sudden lane departure may also raise questions about reasonable driving under the circumstances.
<h2>Potholes and road debris</h2>
Indiana's freeze-thaw cycles can create cracks and potholes throughout the year. Potholes can harm tires, wheels and suspension systems. Loose cargo, tire pieces and other debris can also force sudden reactions.

How to avoid it: Leave enough space behind the vehicle ahead so you can see the road surface. Use extra caution behind trucks, trailers or vehicles carrying tools or materials. When unsecured cargo causes a collision, investigators may look at loading practices and driver conduct.
<h2>Construction zones</h2>
Work zones can alter traffic patterns with little warning. Drivers may face narrowed lanes, uneven pavement, temporary barriers, lane shifts and sudden slowdowns. Indiana drivers also face higher legal scrutiny in marked construction areas because posted limits and temporary traffic controls carry enforcement consequences.

How to avoid it: Reduce speed before entering a work zone. Keep more space between your vehicle and the one ahead. Watch signs and cones so you have time to adjust before lanes narrow or traffic stops.
<h2>Heavy semi-truck traffic</h2>
Large trucks share many of Indiana's busiest highways. They often create unique driving challenges because wide turns and large blind spots can place nearby vehicles at greater risk. On routes such as I-65, I-69 and I-70, passenger vehicles often travel beside large trucks that need more room to stop and turn.

How to avoid it: Avoid staying beside a semi-truck longer than necessary. Avoid a truck's blind spots whenever possible. Leave extra room when a truck merges, changes lanes or slows for traffic. After a truck crash, liability may depend on driver logs, vehicle inspection records, cargo securement and company safety policies.
<h2>Stranded vehicles and emergency responders</h2>
A stopped vehicle on the shoulder can create danger for the people outside it. Tow truck operators or police officers often work only a few feet from passing traffic.

How to avoid it: Indiana's Move Over Law generally <a href="https://codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-21-8-35/#:~:text=(1)-,proceeding%20with%20due%20caution%2C%20yield%20the%20right%2Dof%2Dway%20by%20making,for%20road%20conditions%2C%20if%20changing%20lanes%20would%20be%20impossible%20or%20unsafe.,-A%20person%20who%20violates%20this%20subsection%20commits%20a%20Class%20A" target="_blank" rel="noopener noreferrer" data-wpel-link="external">requires drivers</a> to move away from a stationary vehicle with flashing lights when a safe lane change is possible. If a lane change is unsafe or impossible, Indiana law generally requires drivers to reduce speed and proceed with caution while passing.
<h2>Staying prepared for sudden roadway dangers</h2>
Roadside hazards can happen even during familiar trips. Weather, traffic volume, poor light and short reaction time can make these moments difficult to manage.

Understanding these risks can help drivers make safer decisions when conditions change unexpectedly. Even with careful driving, some collisions still occur. In those situations, legal guidance may help you <a href="https://injury.parrlaw.com/personal-injury/car-accidents/" target="_blank" rel="noopener" data-wpel-link="internal">assess fault,</a> insurance issues and available options.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[Proving liability in commercial trucking: The black box advantage]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/06/proving-liability-in-commercial-trucking-the-black-box-advantage/" />
            <id>https://injury.parrlaw.com/?p=50189</id>
            <updated>2026-06-08T16:46:17Z</updated>
            <published>2026-06-05T11:35:25Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When a semi-truck accident happens on an Indiana road, the most important evidence may already be sitting inside the truck itself. Commercial trucks carry a device that quietly records critical data in the moments leading up to a crash, capturing details that eyewitnesses may miss and memories may distort.  Many accident victims have no idea this tech exists or how…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/06/proving-liability-in-commercial-trucking-the-black-box-advantage/"><![CDATA[<span style="font-weight: 400;">When a semi-truck accident happens on an Indiana road, the most important evidence may already be sitting inside the truck itself. Commercial trucks carry a device that quietly records critical data in the moments leading up to a crash, capturing details that eyewitnesses may miss and memories may distort. </span>

<span style="font-weight: 400;">Many accident victims have no idea this tech exists or how much weight it can carry in a liability case. Knowing what the black box captures and how </span><span style="font-weight: 400;">attorneys</span><span style="font-weight: 400;"> use it could change your entire outlook on a trucking accident claim.</span>
<h2><span style="font-weight: 400;">What does a black box actually record?</span></h2>
<span style="font-weight: 400;">A commercial truck's black box, formally known as an <a href="https://www.cummins.com/en-na/news/2023/11/03/what-electronic-control-module-ecm" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Electronic Control Module or ECM</a>, functions much like the flight data recorder on an airplane. It records:</span>
<ul>
 	<li><span style="font-weight: 400;"><strong> Vehicle speed:</strong> The ECM records exactly how fast the truck was traveling at the time of impact, which can directly contradict or confirm a driver's account of events.</span></li>
 	<li><span style="font-weight: 400;"><strong> Brake application data:</strong> The system logs whether the driver applied the brakes, how hard and how long before the collision — critical information in cases involving rear-end impacts.</span></li>
 	<li><span style="font-weight: 400;"><strong> Hours of service data:</strong> Federal regulations require commercial trucks to track driver hours electronically, and that data can reveal whether fatigue played a role in the crash.</span></li>
 	<li><span style="font-weight: 400;"><strong> GPS location and route data:</strong> The black box can place the truck at a precise location at a precise time, helping reconstruct the full sequence of events leading up to the accident.</span></li>
 	<li><span style="font-weight: 400;"><strong> Cruise control and throttle data:</strong> These readings can show whether the driver </span><span style="font-weight: 400;">was actively engaged</span><span style="font-weight: 400;"> with controlling the truck or operating on autopilot in a situation that required full attention.</span></li>
</ul>
<span style="font-weight: 400;">This data paints a detailed picture of driver behavior. That picture? It can form the backbone of a strong liability claim.</span>
<h2><span style="font-weight: 400;">How black box data builds a trucking liability case in Indiana</span></h2>
<span style="font-weight: 400;">Accessing and preserving black box data quickly and correctly can make or break a commercial trucking case. Here are some points to consider:</span>
<ul>
 	<li>Modern commercial trucks come equipped with ECMs as a standard part of their engine management systems, but the data they store can get overwritten quickly in the normal course of operations — making prompt legal action to preserve it critical after an accident</li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Attorneys</span><span style="font-weight: 400;"> can send a legal hold notice to the trucking company immediately after an accident to prevent the data from being lost or destroyed</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Black box data can establish negligence by showing that the driver violated federal hours of service rules, exceeded speed limits or failed to brake in time</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Indiana courts have accepted electronic logging and ECM data as admissible evidence in trucking accident cases, giving this information real weight in litigation</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Combining black box data with dashcam footage, maintenance records and witness testimony builds a multi-layered case that is far harder to dispute</span></li>
</ul>
<span style="font-weight: 400;">In a <a href="https://injury.parrlaw.com/personal-injury/truck-accidents/" data-wpel-link="internal">commercial trucking accident case</a> the difference between a strong claim and a weak one often comes down to the evidence you secure and how quickly you move to protect it. Having knowledgeable legal guidance by your side from the earliest stages could be the most important step you take toward holding the right parties accountable.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[Indiana appeals court affirms bad-faith claim against Erie Insurance]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/05/indiana-appeals-court-affirms-bad-faith-claim-against-erie-insurance/" />
            <id>https://injury.parrlaw.com/?p=50175</id>
            <updated>2026-05-29T17:46:40Z</updated>
            <published>2026-05-18T17:44:57Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Appellate Court Affirms Bad-Faith Claim When Erie Insurance Opportunistically Avoided Paying the Uninsured Motorist claim and Court Declared UM/UIM Coverage Limits Do Not Apply to the Breach of Policy Damages Claims The Indiana Court of Appeals largely affirmed the jury’s finding that Erie Insurance acted in bad faith toward Christine and Roy Cosme after denying uninsured motorist coverage following a…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/05/indiana-appeals-court-affirms-bad-faith-claim-against-erie-insurance/"><![CDATA[<b>Appellate Court Affirms Bad-Faith Claim When Erie Insurance Opportunistically Avoided Paying the Uninsured Motorist claim and Court Declared</b><b> UM/UIM Coverage Limits Do Not Apply to the Breach of Policy Damages Claims</b>

<span style="font-weight: 400;">The Indiana Court of Appeals largely affirmed the jury’s finding that Erie Insurance acted in bad faith toward Christine and Roy Cosme after denying uninsured motorist coverage following a 2017 rear-end collision. The court detailed how Erie attempted to cancel the Cosmes’ automobile policy after mistakenly believing their son’s driver’s license had been suspended, even though the suspension resulted from an administrative error and the family had actively attempted to correct the issue before the purported cancellation became effective. After the accident, Erie denied coverage and maintained that the policy had been cancelled, despite conflicting internal documentation suggesting the policy remained active. </span>

<span style="font-weight: 400;">The appellate court rejected Erie’s arguments that the bad-faith claim should have been dismissed on summary judgment. The court found there were genuine issues of material fact regarding whether Erie properly cancelled the policy and whether its denial of coverage constituted an “unfounded refusal to pay policy proceeds” or deceptive conduct under Indiana bad-faith law. The opinion emphasized that Erie’s own records conflicted on whether the policy was actually cancelled and that evidence supported the claim that Erie opportunistically relied on the confusion surrounding the son’s license suspension to avoid paying the uninsured motorist claim. </span>

<span style="font-weight: 400;">The court also upheld the admission of expert testimony characterizing Erie’s conduct as “opportunistic fraud,” concluding that the testimony was not a surprise opinion because the insurer had long been aware the expert intended to testify that Erie failed to act forthrightly and attempted to justify improper claims-handling conduct after the fact. However, the appellate court determined the trial court improperly reduced portions of the jury’s damages award. Specifically, the court held that while uninsured motorist policy limits properly capped damages arising directly from the accident itself, those limits did not necessarily apply to damages caused by Erie’s separate breach of contract in failing to pay the claim. The matter was therefore remanded for further proceedings on damages. </span>

<span style="font-weight: 400;">For the claimants, the opinion is highly favorable and provides substantial leverage going forward. The appellate court validated the core theory that Erie’s handling of the cancellation and denial process could constitute actionable bad faith, preserved the punitive damages award, and reopened the possibility of reinstating significant breach-of-contract damages beyond the policy limits. Claimants should continue pressing the distinction between contractual uninsured motorist benefits and consequential damages flowing from Erie’s wrongful conduct, while emphasizing the appellate court’s repeated recognition that factual disputes existed concerning the legitimacy of the cancellation and the insurer’s claims-handling practices. </span>

<i><span style="font-weight: 400;">James A.L. Buddenbaum and Michael L. Schultz are partners in the Indiana law firm of Parr Richey Frandsen Patterson Kruse LLP and regularly litigate claims for insurance policy holders in state and federal courts. The statements contained herein are matters of opinion and general information only and are not to be considered legal advice and should not be construed to form an attorney-client relationship. If you have any questions regarding this article, please contact an attorney.</span></i>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[Should you seek medical care after a minor car crash in Indiana?]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/05/should-you-seek-medical-care-after-a-minor-car-crash-in-indiana/" />
            <id>https://injury.parrlaw.com/?p=50173</id>
            <updated>2026-05-18T13:11:06Z</updated>
            <published>2026-05-18T13:11:06Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[After a fender bender or a minor accident on the road, you might feel completely fine. It is easy to think that such an incident does not warrant a visit to the emergency room. However, in Indiana, neglecting to do so could affect your health and your ability to seek financial compensation. Why do certain injuries take time to manifest?…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/05/should-you-seek-medical-care-after-a-minor-car-crash-in-indiana/"><![CDATA[After a fender bender or a minor accident on the road, you might feel completely fine. It is easy to think that such an incident does not warrant a visit to the emergency room. However, in Indiana, neglecting to do so could affect your health and your ability to seek financial compensation.
<h2>Why do certain injuries take time to manifest?</h2>
After a car crash, your body releases adrenaline. This natural response can mask pain and injuries for hours or even days. You might walk away from the accident feeling perfectly normal, only to wake up the next morning with severe neck pain or headaches.

Some injuries, like whiplash or soft tissue damage, do not always show immediate symptoms. Internal injuries can be even more deceptive. Without a proper medical evaluation, you could be dealing with a serious condition without realizing it. <a href="https://iga.in.gov/laws/2023/ic/titles/34#34-11-2-4" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Waiting too long</a> to seek treatment could prevent recovery and make it harder to connect your injuries to the accident.
<h2>What is the importance of medical documentation?</h2>
Visiting a doctor after a crash creates an official record of your condition. This documentation can be valuable if you later discover injuries or need to file an insurance claim. When you delay medical care, insurance companies might argue that your injuries were not caused by the accident or are not as serious as you claim.

Medical records establish a clear timeline. They show that you took your health seriously and sought professional evaluation promptly. This can make a significant difference if you need to pursue compensation for medical bills or other damages related to the crash.

In Indiana, delaying a medical evaluation after an accident could make it more difficult to seek recovery. Auto insurers frequently use gaps in treatment to argue that your injuries have no relation to the incident or were not severe enough.
<h2>What type of medical care should you consider?</h2>
You have several options for medical evaluation after a minor crash. Your primary care physician can conduct a thorough examination and refer you to specialists if needed. Urgent care centers offer convenient access to medical professionals who can assess your condition and order necessary tests.

If you experience any pain, dizziness, numbness or unusual symptoms, do not hesitate to seek emergency care. Even seemingly minor symptoms could indicate serious underlying injuries that require immediate attention.
<h2>Protecting your health and legal rights</h2>
After a minor car crash, you may feel tempted to move on without medical care. However, a prompt evaluation can help identify hidden injuries and create important medical documentation. If you notice pain, dizziness or other unusual symptoms, seek treatment as soon as possible. Taking these steps can <a href="https://injury.parrlaw.com/personal-injury/car-accidents/" data-wpel-link="internal">support your recovery</a> – both physically and financially.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[Can dashcam footage help your Indiana car accident claim?]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/04/can-dashcam-footage-help-your-indiana-car-accident-claim/" />
            <id>https://injury.parrlaw.com/?p=50108</id>
            <updated>2026-04-21T16:03:24Z</updated>
            <published>2026-04-21T16:03:24Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[With many vehicles now equipped with dashcams, it may seem logical to think responsibility after a car crash would be easy to sort out. In reality, video footage does not always settle a claim as neatly as drivers expect. What your dashcam records before, during and after a collision may support your version of events, but it can also raise…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/04/can-dashcam-footage-help-your-indiana-car-accident-claim/"><![CDATA[With many vehicles now equipped with dashcams, it may seem logical to think responsibility after a car crash would be easy to sort out. In reality, video footage does not always settle a claim as neatly as drivers expect. What your dashcam records before, during and after a collision may support your version of events, but it can also raise questions that affect how Indiana insurers evaluate fault, injuries and damages.
<h2>When dashcam footage may strengthen your claim</h2>
<a href="/personal-injury/car-accidents/" target="_blank" rel="noopener" data-wpel-link="internal">After a serious crash</a>, drivers may remember events differently as stress, injuries and confusion can affect what people recall. If your dashcam captured the collision, the footage may provide a clearer picture of what happened. Video evidence may help by:
<ul>
 	<li><strong>Showing how the crash occurred:</strong> Your footage may reveal another driver running a red light, drifting lanes or failing to yield.</li>
 	<li><strong>Capturing road conditions:</strong> Rain, construction zones, traffic backups or poor visibility may appear on video.</li>
 	<li><strong>Preserving the scene right away:</strong> The camera may record vehicle positions, debris and driver behavior before anything changes.</li>
 	<li><strong>Supporting witness statements:</strong> Your footage may line up with what passengers or bystanders saw.</li>
 	<li><strong>Helping explain injuries:</strong> The speed, angle and force of impact may help explain why you suffered serious injuries.</li>
</ul>
Indiana follows a <a href="https://www.findlaw.com/state/indiana-law/indiana-negligence-laws.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">modified comparative fault</a> system, which may reduce your compensation if you share some responsibility for the crash. If the court finds you more than 50% at fault, you may lose the right to recover damages altogether. Because fault can directly affect the outcome of your claim, reliable evidence often carries significant weight.
<h2>When dashcam footage may hurt your case</h2>
Dashcam footage can support your claim, but it may also create challenges depending on what it shows. The camera records more than the other driver’s conduct and may capture your own actions in the moments leading up to the collision. That footage could raise questions about:
<ul>
 	<li>Speeding</li>
 	<li>Following too closely</li>
 	<li>Distracted driving</li>
 	<li>Sudden lane changes</li>
 	<li>Failure to signal</li>
 	<li>Statements made after the crash that insurers may interpret against you</li>
</ul>
Video may also miss important context. A camera angle might not show blind spots, traffic flow or what another driver was doing outside the frame. Because of that, footage does not always tell the whole story.
<h2>How dashcam footage fits into a larger claim</h2>
When a dashcam records a collision, the footage may become one part of the evidence insurers review when evaluating a claim. That can make the availability of the video important, especially because some dashcam systems automatically record over older files after a certain period of time.

Dashcam footage also rarely stands alone. Insurance companies often consider other information as well, such as police reports, medical records, witness statements and photographs. Together, these details may provide a fuller picture of how the crash happened and the extent of any injuries.
<h2>Looking beyond the video</h2>
Dashcam footage can help, hurt or do both at once depending on what it shows. In serious Indiana car accident claims, reviewing available evidence early often shapes how the case moves forward. Before you assume the camera solves everything, take time to understand how others may actually use that footage, and what other evidence may support your claim.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[What happens to your car accident claim if the at-fault driver dies in the crash?]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/04/what-happens-to-your-car-accident-claim-if-the-at-fault-driver-dies-in-the-crash/" />
            <id>https://injury.parrlaw.com/?p=50106</id>
            <updated>2026-04-10T18:51:51Z</updated>
            <published>2026-04-10T18:51:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Car accidents are traumatic under any circumstances. But when the driver who caused the crash dies as a result of the same collision, the situation becomes significantly more complicated for surviving victims who are left with serious injuries, mounting medical bills, and unanswered questions about their legal options. If you were injured in a car accident in Indiana and the…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/04/what-happens-to-your-car-accident-claim-if-the-at-fault-driver-dies-in-the-crash/"><![CDATA[Car accidents are traumatic under any circumstances. But when the driver who caused the crash dies as a result of the same collision, the situation becomes significantly more complicated for surviving victims who are left with serious injuries, mounting medical bills, and unanswered questions about their legal options.

If you were injured in a car accident in Indiana and the at-fault driver did not survive, you still have the right to pursue compensation. Your claim does not disappear with the other driver.

Here is what you need to know about how Indiana law handles this situation and what steps to take to protect your rights.
<h2>Does My Claim Survive If the At-Fault Driver Dies?</h2>
Yes. Under Indiana law, a personal injury claim does not automatically end when the at-fault party dies. Indiana's survival statute, found at <a href="https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-9-3-1/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Indiana Code 34-9-3-1</a>, provides that causes of action survive the death of the person who caused the injury. This means you can still pursue compensation for your injuries - the claim simply shifts from being brought against the individual driver to being brought against their estate.

This is an important distinction. You are not left without legal recourse simply because the person responsible for your injuries is no longer alive. Indiana law specifically preserves your right to seek compensation in these circumstances.
<h2>How Does a Claim Against an Estate Work?</h2>
When the at-fault driver dies, their estate becomes the defendant in your <a href="/personal-injury/" data-wpel-link="internal">personal injury claim</a>. Here is how that process generally works in Indiana.

<strong>An estate must be opened.</strong> Before a claim can be brought against a deceased person's estate, the estate must be formally opened in probate court. If the driver died with a will, the executor named in the will oversees the estate. If they died without a will, the court appoints an administrator. Either way, this representative has the legal authority to handle claims against the estate on behalf of the deceased.

<strong>You must file a claim against the estate.</strong> Indiana's probate process requires creditors and claimants to file claims against an estate within a specific timeframe. Under Indiana Code 29-1-14-1, most claims against an estate must be filed within three months of the first published notice to creditors, or within nine months of the date of death, whichever is later. Missing this deadline can bar your claim entirely, separate from the personal injury statute of limitations. This is one of the most critical reasons to contact an attorney quickly in these situations.

<strong>Insurance typically covers the claim.</strong> In most cases, the at-fault driver's automobile liability insurance policy remains in effect and covers claims arising from the accident, even after the driver's death. The insurance company steps in to defend the estate and pay any covered damages up to the policy limits. This means that in practical terms, your claim often proceeds against the insurance company rather than the personal assets of the deceased driver's family.
<h2>What If the At-Fault Driver Had No Insurance?</h2>
If the at-fault driver was <a href="/personal-injury/car-accidents/uninsured-motorist-claim/" data-wpel-link="internal">uninsured</a>, your options shift to other sources of recovery. Indiana requires all drivers to carry uninsured motorist coverage, which can compensate you for injuries caused by an uninsured driver, including one who died in the crash. Your own uninsured motorist policy may cover medical expenses, lost wages, pain and suffering, and other damages.

If the at-fault driver had assets in their estate, a direct claim against the estate remains possible, though the practical value depends on what assets exist and how they are distributed under Indiana probate law. An attorney can evaluate all available sources of recovery in your specific situation.
<h2>What If the At-Fault Driver Was Underinsured?</h2>
If the at-fault driver had insurance but their policy limits are not sufficient to cover the full extent of your damages, your own <a href="/personal-injury/car-accidents/underinsured-motorist-claim/" data-wpel-link="internal">underinsured motorist coverage</a> may make up the difference. Indiana law requires insurers to offer underinsured motorist coverage, and if you purchased it, it can be a critical source of additional compensation when the at-fault party's coverage falls short.
<h2>Does Indiana's Comparative Fault Law Still Apply?</h2>
Yes. Indiana's modified comparative fault rules apply regardless of whether the at-fault driver is living or deceased. If evidence suggests you shared some responsibility for the accident, your recovery will be reduced by your percentage of fault. As long as you were not more than 50 percent at fault, you can still recover compensation. The estate's representative and the insurance company may attempt to assign fault to you in order to reduce the claim -- an experienced attorney can counter those arguments with evidence.
<h2>Can the At-Fault Driver's Family Be Held Personally Liable?</h2>
Generally, no. Family members of the deceased driver are not personally liable for the driver's negligence simply because of their relationship. The claim runs against the estate, not against surviving family members individually. However, there are exceptions.

If a family member owned the vehicle and gave permission for the deceased driver to use it, they may bear some liability under Indiana's negligent entrustment doctrine. If a family member contributed to the conditions that caused the accident in some other way, additional claims may be available depending on the facts.
<h2>What Are the Deadlines I Need to Know?</h2>
Two separate sets of deadlines apply when the at-fault driver dies, and both must be tracked carefully.

<strong>The personal injury statute of limitations.</strong> Indiana Code 34-11-2-4 gives most car accident victims two years from the date of the accident to file a personal injury lawsuit. This deadline applies regardless of whether the at-fault driver is living or deceased.

<strong>The probate claims deadline.</strong> As noted above, claims against an estate must generally be filed within three months of the first published notice to creditors or within nine months of the date of death, whichever is later. In some cases this deadline may arrive before the personal injury statute of limitations expires, making it essential to act quickly.

If the at-fault driver was operating a government vehicle at the time of the crash, the Indiana Tort Claims Act's 270-day notice requirement also applies. Contact an attorney immediately if a government entity may be involved.
<h2>What Steps Should You Take?</h2>
<strong>Contact a personal injury attorney as soon as possible.</strong> The intersection of personal injury law and probate law in these cases is genuinely complex. An attorney can identify all available sources of recovery, monitor the probate proceedings, file the necessary claim against the estate within the required deadlines, and handle communications with the insurance company on your behalf.

<strong>Seek and continue medical treatment.</strong> Document all injuries and follow your treatment plan. Your medical records are the foundation of your damages claim regardless of who the defendant is.

<strong>Preserve all evidence.</strong> Photographs, the police report, witness information, and any other documentation from the accident scene remain just as important in these cases as in any other <a href="/personal-injury/car-accidents/" data-wpel-link="internal">car accident</a> claim.

<strong>Do not give a recorded statement to the insurance company.</strong> Even when the at-fault driver has died, the insurance company's interests are not aligned with yours. Do not make any statements about the accident or your injuries without first speaking to an attorney.
<h2>A Difficult Situation With Answers</h2>
Losing the person responsible for your injuries in the same crash that injured you creates a genuinely unusual legal situation. It can feel like there is no one left to hold accountable. Indiana law says otherwise. Your right to compensation survives, and the legal mechanisms exist to pursue it -- but the deadlines are strict and the process requires careful navigation.

[nap_names id="FIRM-NAME-1"] represents car accident victims throughout Indianapolis and across Indiana. Our attorneys have <a href="/verdicts-and-settlements/" data-wpel-link="internal">recovered more than $100 million</a> for Indiana injury victims and handle every case on a contingency fee basis. You pay nothing unless we recover compensation for you.

If you were injured in an accident where the at-fault driver did not survive, contact us today for a free, confidential consultation. We can help you understand your options and protect your rights under Indiana law.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[What to do if a car door opens into your path in Indianapolis]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/04/what-to-do-if-a-car-door-opens-into-your-path-in-indianapolis/" />
            <id>https://injury.parrlaw.com/?p=50095</id>
            <updated>2026-04-02T22:27:30Z</updated>
            <published>2026-04-02T22:27:30Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You are riding your bicycle or motorcycle through downtown Indianapolis when a parked car door swings open directly into your path. You have no time to stop. The collision happens in an instant, and the consequences can be severe. These crashes are called dooring accidents, and they are more common than most people realize, particularly in urban areas with heavy…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/04/what-to-do-if-a-car-door-opens-into-your-path-in-indianapolis/"><![CDATA[You are riding your bicycle or motorcycle through downtown Indianapolis when a parked car door swings open directly into your path. You have no time to stop. The collision happens in an instant, and the consequences can be severe.

These crashes are called dooring accidents, and they are more common than most people realize, particularly in urban areas with heavy on-street parking like downtown Indianapolis, Broad Ripple, Fountain Square, and Mass Ave.

If this has happened to you, you may be wondering who is responsible and whether you have a legal claim. This guide answers those questions and walks you through the steps to take after a dooring accident in Indiana.
<h2>What Is a Dooring Accident?</h2>
A dooring accident occurs when a driver or passenger in a parked vehicle opens their door into the path of an oncoming cyclist, motorcyclist, or other road user without checking for approaching traffic first. The person struck by the door has little to no time to react, and the impact can throw them from their bike, into oncoming traffic, or onto the pavement with significant force.

Dooring accidents cause a wide range of injuries, from road rash and broken bones to traumatic brain injuries, spinal cord injuries, and in the most serious cases, death. Even a collision at relatively low speed can cause severe harm when a rider is thrown unexpectedly.
<h2>Is Dooring Illegal in Indiana?</h2>
Yes. Indiana law prohibits opening a vehicle door into moving traffic without first checking that it is safe to do so. Under Indiana Code 9-21-8-34, no person shall open the door of a motor vehicle on the side adjacent to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of other traffic. Violating this statute is a traffic infraction and can be powerful evidence of negligence in a personal injury claim.
<h2>Who Is Liable in a Dooring Accident?</h2>
Liability in dooring accidents is less straightforward than it might appear, and understanding who can be held responsible is important to pursuing fair compensation.

<strong>The driver or passenger who opened the door.</strong> The person who opened the door without checking for approaching traffic is the most direct source of liability. Under Indiana's negligence laws, they had a duty to check before opening their door, and failing to do so breaches that duty. If their negligence caused your injuries, they can be held liable for your damages.

<strong>The vehicle owner.</strong> If the person who opened the door was not the vehicle's owner, such as a passenger in someone else's car, the vehicle owner may also bear some responsibility depending on the circumstances.

<strong>An employer.</strong> If the person who opened the door was doing so in the course of their employment, such as a rideshare driver dropping off a passenger or a delivery driver, their employer may be vicariously liable for the resulting injuries.

<strong>A rideshare company.</strong> Dooring accidents involving Uber and Lyft vehicles raise additional liability questions. Passengers exiting rideshare vehicles in busy urban drop-off zones are a significant source of dooring incidents. Whether the rideshare company itself bears liability depends on the driver's status at the time of the accident and the specific facts of the case.

<strong>Could the cyclist or motorcyclist share fault?</strong> Indiana's modified comparative fault rules apply to dooring accidents. If the injured rider was traveling too fast, riding in an area where cycling was prohibited, or otherwise contributing to the accident, their recovery may be reduced by their percentage of fault. However, as long as the rider was not more than 50 percent at fault, they can still recover compensation. An attorney can evaluate how fault is likely to be allocated in your specific case.

<hr />

<h2>What to Do After a Dooring Accident in Indianapolis</h2>
<h3>Call 911</h3>
Even if your injuries seem minor, call 911 and wait for police to arrive. A police report creates an official record of the accident and documents the other party's information. Officers may also note the traffic infraction for opening a door into traffic, which supports your claim.
<h3>Get Medical Attention the Same Day</h3>
Seek medical care immediately, even if you feel able to walk away from the scene. Adrenaline masks pain, and injuries like concussions, internal bleeding, and soft tissue damage frequently have delayed symptoms. A medical record from the day of the accident is one of the most critical documents in any personal injury claim. Waiting days to see a doctor gives the insurance company grounds to argue your injuries were not caused by the accident.
<h3>Document Everything at the Scene</h3>
If you are physically able to do so safely, photograph the vehicle that doored you, including the license plate, the open door, and the position of the vehicle relative to the bike lane or road. Photograph your bicycle or motorcycle, your injuries, and the surrounding area. Note whether there is a bike lane, how wide the parking lane is, and whether any nearby businesses have surveillance cameras that may have captured the incident.
<h3>Get the Other Party's Information</h3>
Obtain the name, address, phone number, driver's license number, license plate, and insurance information of the driver and vehicle owner. If a passenger opened the door, get their information as well. Get contact information from any witnesses before they leave the scene.
<h3>Do Not Admit Fault</h3>
Do not apologize, speculate about what happened, or make any statements suggesting you could have avoided the accident. Indiana's comparative fault rules mean that anything you say about your own actions can be used to reduce your recovery.
<h3>Report the Accident to Your Insurance Company</h3>
Notify your own insurer promptly. If you were on a bicycle, your homeowner's or renter's insurance policy may provide some coverage. If you were on a motorcycle, your own motorcycle insurance may apply. Keep the conversation factual and do not give a recorded statement to the other party's insurer without first speaking to an attorney.
<h3>Contact a Personal Injury Attorney</h3>
Dooring accident cases involve liability questions that are not always straightforward, particularly when a rideshare vehicle or employer is involved. An attorney can investigate the accident, identify all potentially liable parties, preserve critical evidence like surveillance footage before it is overwritten, and ensure your claim is handled correctly from the start.
<h2>What Compensation Can You Recover After a Dooring Accident?</h2>
If you were injured in a dooring accident caused by someone else's negligence, Indiana law allows you to pursue compensation for the full range of your damages.

Economic damages include past and future medical expenses, lost wages if your injuries prevented you from working, future loss of earning capacity if the injuries affect your long-term ability to work, and damage to your bicycle or motorcycle.

Non-economic damages cover physical pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving severe or permanent injuries, these non-economic damages can be substantial.
<h2>Dooring Accidents Involving Cyclists and Indiana Law</h2>
Indiana law treats bicycles as vehicles entitled to use the roadway. Cyclists have the same rights and responsibilities as motor vehicle drivers under Indiana Code 9-21-11. In Indianapolis, many streets in high-traffic areas include designated bike lanes, and cyclists in those lanes have a particularly strong legal position when a parked car door opens into their path. The driver who opens a door into a bike lane is violating both the door-opening statute and the rights of cyclists to use that lane safely.

Despite these legal protections, cyclists and motorcyclists often face bias when pursuing claims after dooring accidents. Insurers may attempt to argue the rider was going too fast, was riding too close to parked cars, or should have anticipated the hazard. An experienced attorney understands these arguments and knows how to counter them with evidence.
<h2>How Long Do You Have to File a Dooring Accident Claim in Indiana?</h2>
Indiana's statute of limitations for personal injury claims is <strong>two years</strong> from the date of the accident. Missing this deadline permanently eliminates your right to compensation, regardless of how strong your case is. If the vehicle that doored you was a government-owned vehicle, the Indiana Tort Claims Act requires a notice of claim to be filed within 270 days of the incident, which is a significantly shorter window.

Beyond the legal deadlines, acting quickly matters for practical reasons. Surveillance footage from nearby businesses is routinely overwritten within 30 to 60 days. Witnesses' memories fade. The sooner an attorney gets involved, the better the chances of preserving the evidence that makes the difference in these cases.
<h2>Injured in a Dooring Accident in Indianapolis? Contact Parr Injury Law.</h2>
[nap_names id="FIRM-NAME-1"] represents cyclists, motorcyclists, and other injury victims throughout Indianapolis and across Indiana. Our attorneys have <a href="/verdicts-and-settlements/" data-wpel-link="internal">recovered more than $100 million</a> for Indiana injury victims and handle every case on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

If a car door opened into your path and left you injured, <a href="/contact/" data-wpel-link="internal">contact us today</a> for a free, confidential consultation.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[Settling vs. going to trial: Differences in personal injury cases]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/03/settling-vs-going-to-trial-differences-in-personal-injury-cases/" />
            <id>https://injury.parrlaw.com/?p=50057</id>
            <updated>2026-03-11T12:39:47Z</updated>
            <published>2026-03-11T12:39:47Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If you suffer severe injuries after a car crash in Indiana, your personal injury case will end one of two ways: with a negotiated settlement or a jury verdict. These outcomes differ dramatically in how they are reached, how long they take and what you can expect to receive. Knowing what sets them apart is essential before you commit to…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/03/settling-vs-going-to-trial-differences-in-personal-injury-cases/"><![CDATA[<span style="font-weight: 400;">If you suffer severe injuries after a car crash in Indiana, your personal injury case will end one of two ways: with a negotiated settlement or a jury verdict. These outcomes differ dramatically in how they are reached, how long they take and what you can expect to receive. Knowing what sets them apart is essential before you commit to either approach.</span>
<h2><span style="font-weight: 400;">What are the mechanics of a settlement?</span></h2>
<span style="font-weight: 400;">A settlement occurs when you and the insurance company agree on a compensation amount outside of court. Your legal team presents evidence of your injuries, </span><a href="https://www.findlaw.com/injury/accident-injury-law/injury-damages.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">medical bills, lost wages and other damages</span></a><span style="font-weight: 400;">. The insurance company then makes an offer, and both sides negotiate until they reach an agreement or decide to stop talking.</span>

<span style="font-weight: 400;">Most personal injury cases in Indiana conclude before trial. These agreements often offer certainty—you will know exactly what you will receive and when you will receive it. The timeline typically takes weeks or months rather than years.</span>

<span style="font-weight: 400;">Once you accept an offer, you sign a release that waives your right to pursue further legal action against the responsible parties. You cannot ask for more money later in case your injuries worsen or require additional surgery. This makes it vital to calculate the full cost of your medical care before signing anything.</span>
<h2><span style="font-weight: 400;">What happens during a trial?</span></h2>
<span style="font-weight: 400;">A trial puts your case before a judge and jury who decide the outcome. Your legal representative presents evidence, calls witnesses and argues why you deserve compensation, while the defense does the same. The jury then deliberates and determines if the defendant is liable and how much you should receive.</span>

<span style="font-weight: 400;">In general, trials take significantly longer than negotiations. As Indiana courts face busy schedules, your case might not go to trial for a year or more after you file. The litigation itself can last several days or weeks.</span>

<span style="font-weight: 400;">Trials can result in larger awards than settlement offers, but they also carry the risk of receiving less or nothing at all. Under Indiana’s </span><a href="https://www.law.cornell.edu/wex/comparative_negligence" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">modified comparative fault law</span></a><span style="font-weight: 400;">, you lose the right to collect any money if your share of blame for the crash reaches 51%. If a jury determines you are 50% responsible, they must reduce your final check by that same percentage.</span>
<h2><span style="font-weight: 400;">How to choose the most favorable option?</span></h2>
<span style="font-weight: 400;">Choosing between these legal mechanisms involves a careful look at your specific losses and the available evidence. Consider the following:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>The severity of your physical injuries and long-term prognosis</b><span style="font-weight: 400;">: Permanent disabilities often require the higher leverage of a trial.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>The clarity of who caused the accident</b><span style="font-weight: 400;">: Clear proof of the other driver's guilt makes a favorable settlement more likely.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>The total limits of the insurance policies involved</b><span style="font-weight: 400;">: You cannot collect $1,000,000 from a policy that only covers $50,000.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>The immediate need for financial support to pay bills</b><span style="font-weight: 400;">: Payments from an agreement provide liquidity much faster than a lengthy court battle.</span></li>
</ul>
<span style="font-weight: 400;">The statute of limitations in Indiana generally gives you </span><a href="https://injury.parrlaw.com/blog/2025/11/indianas-2-year-statute-of-limitations-for-car-accidents-dont-miss-your-deadline/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">two years to file a lawsuit</span></a><span style="font-weight: 400;">. Missing this deadline means you lose your right to seek any compensation, regardless of how strong your evidence is.</span>
<h2><span style="font-weight: 400;">Pursuing justice and compensation with patience</span></h2>
<span style="font-weight: 400;">No two accidents follow the same trajectory. Often, the right approach for your case depends on the strength of the evidence and the willingness of the insurance company to provide a fair offer.</span>

<span style="font-weight: 400;">Every decision you make impacts your ability to pay for future care and support your family. Taking the time to weigh your options ensures you do not sacrifice your long-term stability for a quick, insufficient payout.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[6 Common mistakes than can hurt your car accident case]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/02/6-common-mistakes-than-can-hurt-your-car-accident-case/" />
            <id>https://injury.parrlaw.com/?p=50043</id>
            <updated>2026-02-20T16:49:19Z</updated>
            <published>2026-02-20T16:49:19Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[In the aftermath of a car accident, your mind may be spinning. You may be startled, disoriented, and injured. Unfortunately, there are certain mistakes people commonly make after an accident that could affect their legal case. Knowing what those mistakes are could help you avoid them if you ever find yourself having been injured in a car accident. Here are…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/02/6-common-mistakes-than-can-hurt-your-car-accident-case/"><![CDATA[In the aftermath of a car accident, your mind may be spinning. You may be startled, disoriented, and injured.

Unfortunately, there are certain mistakes people commonly make after an accident that could affect their legal case. Knowing what those mistakes are could help you avoid them if you ever find yourself having been injured in a car accident.

Here are 6 common mistakes people make after a car accident that could affect their personal injury claim:
<div class="mistake-item">
<div class="mistake-text">
<h2>1: Leaving the Scene Without Calling Police</h2>
Even in minor accidents, leaving without filing a report can expose you to a hit-and-run charge and will leave you without the official documentation you need for your claim.

</div>
</div>
<div class="mistake-item">
<div class="mistake-text">
<h2>2: Delaying Medical Treatment</h2>
Every day between the accident and your first medical visit is a day the insurance company will use to argue your injuries were not caused by the crash or were not serious.

</div>
</div>
<div class="mistake-item">
<div class="mistake-text">
<h2>3: Giving a Recorded Statement to the Other Driver's Insurer</h2>
You are not legally required to do this, and you should not do it without legal counsel. Adjusters are trained to ask questions designed to elicit statements that minimize your claim.

</div>
</div>
<div class="mistake-item">
<div class="mistake-text">
<h2>4: Accepting the First Settlement Offer</h2>
Initial offers are almost always lower than what the case is worth. Once you sign a release, you cannot seek additional compensation, even if your medical costs far exceed the settlement amount.

</div>
</div>
<div class="mistake-item">
<div class="mistake-text">
<h2>5: Posting About the Accident on Social Media</h2>
A photo of you at a family gathering, a post about feeling better, or a check-in at a restaurant can be presented as evidence that your injuries are not as serious as claimed.

</div>
</div>
<div class="mistake-item">
<div class="mistake-text">
<h2>6: Waiting Too Long to Contact an Attorney</h2>
Evidence has a short shelf life. Surveillance footage is routinely overwritten within 30 to 60 days. Skid marks fade. Witnesses' memories become less reliable. Early attorney involvement protects all of it.

</div>
Learn more about <a href="/personal-injury/car-accidents/what-to-do-after-a-car-accident-in-indianapolis/" data-wpel-link="internal">what to do after a car accident in Indianapolis</a>.

</div>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Parr Richey Frandsen Patterson Kruse LLP</name>
				            </author>
            <title type="html"><![CDATA[Impact of comparative negligence on wrongful death claims]]></title>
            <link rel="alternate" type="text/html" href="https://injury.parrlaw.com/blog/2026/02/impact-of-comparative-negligence-on-wrongful-death-claims/" />
            <id>https://injury.parrlaw.com/?p=50018</id>
            <updated>2026-02-06T09:17:16Z</updated>
            <published>2026-02-06T09:17:16Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Losing a loved one in an accident can bring confusion and stress while you try to navigate the legal process. One factor that often shapes wrongful death claims is comparative negligence. This principle can reduce the compensation you may receive if the court finds that your loved one shared some responsibility for the accident. Knowing how it works helps you…]]></summary>
			                <content type="html" xml:base="https://injury.parrlaw.com/blog/2026/02/impact-of-comparative-negligence-on-wrongful-death-claims/"><![CDATA[<span style="font-weight: 400;">Losing a loved one in an accident can bring confusion and stress while you try to navigate the legal process. One factor that often shapes wrongful death claims is comparative negligence. This principle can reduce the compensation you may receive if the court finds that your loved one shared some responsibility for the accident. Knowing how it works helps you see the full picture of a claim and the role each party may play.</span>
<h2><span style="font-weight: 400;">From blame to numbers</span></h2>
<span style="font-weight: 400;">Comparative negligence examines the actions of everyone involved in the accident. For example, if a driver runs a red light but the deceased pedestrian was crossing outside the crosswalk, the court may assign partial responsibility to both sides. </span>

<span style="font-weight: 400;">Both Indiana and Illinois use a modified comparative negligence system with a 51% bar rule. This means your loved one </span><a href="https://idoi.illinois.gov/consumers/consumerinsurance/comparative-negligence.html#:~:text=an%20injured%20party%20may%20recover%20damages%20only%20if%20he/she%20is%20less%20than%2050%25%20at%20fault%20for%20the%20injury%20or%20damages" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">cannot be more than 50% at fault</span></a><span style="font-weight: 400;"> to recover damages. Knowing how courts apply this principle highlights why carefully documenting the other party’s actions can strengthen your claim.</span>
<h2><span style="font-weight: 400;">What shapes shared fault</span></h2>
<span style="font-weight: 400;">Several circumstances can influence how shared fault is determined, including:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Failing to follow traffic signals or signs</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Texting or eating while driving</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Neglecting to wear safety equipment like seatbelts or helmets</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Creating hazardous conditions such as leaving items on the roadway</span></li>
</ul>
<span style="font-weight: 400;">Reviewing these factors early can provide insight into how a court may view each party’s role. </span><a href="https://injury.parrlaw.com/personal-injury/wrongful-death/" data-wpel-link="internal"><span style="font-weight: 400;">Claims involving fatal accidents</span></a><span style="font-weight: 400;"> often require careful attention to evidence and details. Gathering evidence and framing these details clearly can be challenging, which is where legal assistance may be helpful in supporting your case.</span>
<h2><span style="font-weight: 400;">Seeing the full picture</span></h2>
<span style="font-weight: 400;">Comparative negligence does not automatically block a claim. By focusing on the other party’s responsibility and the specific circumstances of the accident, you can help ensure that damages are assessed fairly. Understanding how shared fault works and carefully documenting evidence may help you approach the claim with more confidence and clarity.</span>]]></content>
						        </entry>
	</feed>