Parr Richey Frandsen Patterson Kruse LLPParr Richey Frandsen Patterson Kruse LLP2026-09-10T18:07:49Zhttps://injury.parrlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404614/2025/01/cropped-ParrOG-32x32.pngOn Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[4 key evidence that proves fault in an Indiana multi-car crash]]>https://injury.parrlaw.com/?p=504262026-09-07T15:32:53Z2026-09-07T15:32:53ZWhen multiple cars collide on an Indiana road, figuring out who caused it is rarely simple. Drivers often disagree about what happened and sorting through those conflicting accounts takes time. This is why understanding the evidence that proves fault can help you protect yourself. But before getting to the evidence itself, it helps to understand why these crashes carry such serious consequences first.
Why multi-car crashes carry such high stakes
Multi-car crashes create serious risks for everyone on Indiana roads. When several vehicles collide in a chain reaction, the impact forces multiply quickly. In fact, you may walk away with severe injuries and a vehicle that needs major repairs. Of course, those costs add up fast, which is why proving fault matters so much for your recovery.
How Indiana splits fault between drivers
To understand how Indiana determines fault, you first need to know the rules it follows. Indiana uses a modified comparative fault rule. This means multiple drivers can share responsibility for a crash. Moreover, your percentage of fault determines how much compensation you can recover. If your share of fault reaches 51% or more, you lose your right to collect damages. In a crash involving several drivers, this rule plays a major role in your outcome.
Four types of evidence that prove fault
With so much riding on how Indiana assigns fault, the evidence you gather becomes one of your most important tools. In fact, four types of evidence commonly help establish liability in a multi-car crash:
Official crash reports: These documents record the officer's observations, driver statements and any citations the officer issued at the scene, giving investigators a reliable starting point for determining fault.
Dashcam and surveillance footage: Videos that capture the crash in real time shows exactly who braked late, made a sudden lane change or triggered the first impact.
Vehicle damage patterns: Analysts also often study impact zones to reconstruct the sequence of events, revealing whether one car struck another before a rear vehicle pushed it forward.
Eyewitness accounts: Bystanders can also offer an outside perspective on driver behavior right before the crash, helping verify or challenge the conflicting stories that involved drivers often tell.
Each piece of evidence tells part of the story. Together, they build a clearer picture of what actually happened and who bears responsibility. This is why knowing which evidence exists is important, but your next move is just as critical.
Start collecting evidence right away
At the end of the day, gathering solid evidence after a crash puts you in a strong position under Indiana's comparative fault rule. The sooner you secure crash reports, footage and witness information, the clearer your record of what actually happened will be. This is why having the right support and guidance during that process can make a real difference in how your case comes together.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[How black box data can reveal trucking negligence in Indiana ]]>https://injury.parrlaw.com/?p=504232026-09-04T12:00:38Z2026-09-07T04:00:09ZWhat a semi-truck black box records
A semi-truck’s “black box” is usually a group of electronic systems rather than one device. The data can help establish negligence by documenting the vehicle’s operation and the driver’s conduct before a collision. Unlike human memory, these figures may provide an objective timeline that investigators can check against physical evidence.
The engine control module (ECM) is one source of that information and often tracks speed, throttle use and mechanical faults. An event data recorder (EDR) may capture hard braking, acceleration and other changes near impact. Electronic logging devices (ELDs) and telematics can add driving hours, GPS locations and dispatch activity.
Why some crash data may disappear quickly
Electronic systems can retain information for different periods. Some ECM events, camera footage and telematics records may use short storage cycles. New information could overwrite those files before anyone retrieves them. Routine maintenance, software updates or vehicle repairs might also cause data loss.
ELD records follow a different rule. Federal regulations generally require motor carriers to retain records of duty status and supporting documents for six months. However, that rule may not cover every source. Waiting several weeks could still allow valuable information to vanish.
How a formal preservation demand protects evidence
A spoliation letter gives the driver, carrier and other relevant parties written notice to preserve specific material. The demand can cover ECM and EDR downloads, ELD logs, telematics, dashcam footage, inspection files and dispatch messages. A prompt demand may identify the collision, the requested material and the relevant time period.
In Indiana, parties generally have a duty to preserve evidence they know or reasonably should know could matter in pending or foreseeable litigation. If a party negligently or intentionally destroys relevant material after that duty arises, a court may consider a remedy based on the circumstances. Depending on the party’s conduct and the resulting harm, the court could impose sanctions or permit an unfavorable inference.
How ECM and ELD records may prove unsafe driving
Electronic records can become more useful when investigators place them on one timeline. Federal hours-of-service rules generally limit a property-carrying driver to 11 driving hours within a 14-hour work window after 10 straight hours off duty. Comparing those limits with vehicle activity could reveal several warning signs. Some of them include:
ELD logs may reveal driver fatigue. They track work, driving and rest periods. The entries might show that the driver exceeded federal limits or skipped a required break.
ECM data can document speeding. It often records the truck’s speed before impact. Investigators can compare that figure with the posted limit.
EDR records may show delayed braking. Depending on the system, they can capture when the driver applied the brakes. The data might also show how quickly the truck slowed.
Combined records can challenge conflicting accounts. GPS, throttle and braking records could conflict with an account of the truck’s speed or movement before impact.
No single figure can necessarily prove the entire case. Investigators typically compare electronic data with physical evidence, such as vehicle damage and skid marks. Witness accounts may also support or challenge the reconstruction findings. These sources can show how a safety violation contributed to the collision. A court or jury may then consider that evidence when assigning fault under Indiana’s comparative fault law.
Why you may benefit from early legal guidance
The deadline for filing an injury claim is usually much longer than the time some digital records remain available. That gap can place important proof at risk while you are still receiving treatment.
Since some information may disappear quickly, an attorney can identify what needs protection and arrange a qualified download. Legal counsel could also obtain other evidence through the formal discovery process. A technical expert may then explain how the recovered figures relate to fatigue, speed or braking.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[Who pays after an Uber or Lyft crash? 3 insurance tiers explained ]]>https://injury.parrlaw.com/?p=504202026-09-04T11:27:10Z2026-09-04T11:27:10ZFault and app status determine who pays
The driver who caused the collision is generally responsible. If another motorist was at fault, that driver’s insurer is usually the first source of payment. If the rideshare driver caused the collision, app status can identify the applicable coverage. The three-tier breakdown shows which policy could apply.
Tier 1: When the app is off
The driver’s personal auto insurance generally applies during personal travel. Its policy terms and exclusions could still affect payment, while the rideshare coverage usually remains inactive.
Tier 2: When the driver awaits a request
The driver is available but has not accepted a request. In Indiana, state law requires at least $50,000 per person and $100,000 per incident for injury or death, plus $50,000 for property damage. The driver, company or both may provide this coverage.
Tier 3: After the driver accepts a ride
This tier starts when the driver accepts a request. It applies from the driver’s acceptance of the request through the completion of the passenger’s ride. Primary liability coverage must reach at least $1 million per incident, although that limit may not guarantee payment.
Other policies can affect the result. Uninsured or underinsured motorist coverage might apply if another driver lacks adequate insurance.
Why digital trip records can become disputed evidence
The difference between Tiers 1 and 3 can mean the difference between a personal policy and $1 million in coverage. An insurer could dispute whether the app was off or the driver had accepted a ride. Your receipt might help, but it may not capture every status change.
Electronic records can show logins, accepted requests, GPS data and timestamps. An attorney may send a preservation notice asking the company to retain that information. If litigation follows, counsel can subpoena the records and compare them with the crash report, messages and witness accounts.
Why early proof can shape your recovery
The applicable insurance may depend on facts that exist only in electronic systems. Missing or incomplete trip data could make it harder to establish which policy was active at the time of the collision.
Legal help can address rideshare insurance disputes by seeking other evidence and identifying potentially responsible insurers. A lawyer may also assess policy language and challenge a coverage position that might conflict with the available trip data.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[Hidden injuries to watch out for after a car accident in Indiana]]>https://injury.parrlaw.com/?p=502452026-07-31T13:04:11Z2026-08-07T13:02:54ZWhiplash and soft tissue damage
Whiplash is one of the most common hidden injuries after a car crash. It happens when your head suddenly moves forward and backward, stretching the muscles and ligaments in your neck. You may not feel pain at first because adrenaline can mask your symptoms.
Warning signs include neck pain, stiffness, headaches, dizziness, blurred vision and shoulder pain. These problems may appear hours or days after the crash. Other soft tissue injuries that affect muscles, tendons and ligaments can also develop over time. Pay attention to how you feel after the crash and tell a medical professional about any new pain or discomfort.
Traumatic brain injuries
Traumatic brain injuries range from mild concussions to severe brain damage. Even if you do not hit your head, the force of a crash can cause your brain to move inside your skull. Signs of a concussion or another brain injury may not appear right away.
Watch for persistent headaches, confusion, memory problems, mood changes, sensitivity to light or noise and difficulty concentrating. You also may have nausea, fatigue or changes in your sleep. Because brain injuries can worsen without treatment, prompt medical evaluation after a significant collision can help identify serious injuries early.
Internal bleeding and organ damage
Internal injuries are among the most serious hidden injuries after a car crash. Damage to internal organs or internal bleeding may not cause obvious outward signs. Seat belts, airbags and the force of the impact can all injure your spleen, liver, kidneys or other organs.
Watch for abdominal pain or swelling, deep purple bruising, dizziness, fainting, feeling lightheaded, shortness of breath or chest pain. Seek immediate medical care if you notice any of these warning signs because internal injuries can become life-threatening.
Psychological trauma
Not every hidden injury is physical. Post-traumatic stress disorder, anxiety and depression can develop after a serious car crash. Warning signs include nightmares, flashbacks, avoiding driving or riding in cars, irritability and trouble sleeping.
Mental health conditions can affect your recovery just as much as physical injuries. Recognizing these warning signs early may help reduce their long-term effects.
Time limits for filing a claim
Under Indiana law, you generally have two years from the date of the accident to file a lawsuit for injuries sustained in a crash. This statute of limitations applies whether your injuries appeared immediately or developed over time.
If you fail to meet this deadline, you lose the right to seek compensation. Because hidden injuries may not surface for weeks or months, it's important to be aware of this time limit and take action promptly to protect your legal rights.
Protecting your health and interests
Hidden injuries after a car crash can have serious consequences if you do not treat them. Seeking prompt medical attention, even if you feel fine initially, is crucial for identifying delayed symptoms. Carefully monitor your physical and mental health in the days and weeks following the accident. Document all symptoms, medical visits and any treatment you receive. This not only supports your recovery, but also creates an important record if you need to file an insurance claim for your injuries.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[What records prove lost income after a serious Indiana crash?]]>https://injury.parrlaw.com/?p=502432026-07-01T12:58:49Z2026-07-01T11:40:00Z1. Pay and tax records
Save recent pay stubs, W-2 forms, 1099 forms and tax returns. These documents establish your pre-crash earnings and create a measurable baseline for comparing income before and after the injury.
2. Employer statements
Ask for written confirmation of missed shifts, reduced hours, unpaid leave or changes in job duties. If you lost overtime, commissions, bonuses or benefits, keep payroll histories or policy documents that explain how those payments were normally calculated.
3. Medical work restrictions
Keep doctor’s notes, therapy records and work restrictions that explain what job duties you cannot perform. These materials can connect your absence to documented medical limitations rather than memory alone. They may also support a future earning-capacity issue if the injury affects your ability to return to the same job, schedule or pay level.
4. PTO, sick leave and vacation records
Even if you received a paycheck, those records may show what paid time off, sick leave, vacation days or job-related payments you had to spend during recovery. Indiana has specific rules for payments from insurance, paid leave or other sources, so keep documents showing what was paid, what you used and whether reimbursement may be required.
5. Self-employment records
If you work for yourself, keep invoices, contracts, profit-and-loss statements, bank deposits and canceled jobs. These records can help show changes in business income after the life-changing crash.
Why timing matters when documents are fresh
Payroll histories, schedules and supervisor notes can become harder to locate as time passes. Early requests may preserve details that later summaries cannot recreate. Organizing these materials now can give your claim a more complete financial timeline.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[Navigating new Indiana electronic evidence rules in trucking litigation]]>https://injury.parrlaw.com/?p=502062026-06-19T08:47:19Z2026-06-19T08:35:33Z serious truck crash on I 65, I 70 or I 465 can leave you with many unanswered questions. In many cases, key answers may exist in electronic records created before, during and after the crash. These records often show details that people on the scene may not notice.
However, trucking companies may lose or overwrite this information if they do not save it quickly. When that happens, important facts about the crash may become harder to confirm.
Why does electronic evidence matter after a truck crash?
Commercial trucks often generate large amounts of digital information every day. This information may help show how the driver operated the truck and what the company knew before the crash.Common records may include:
Electronic logging device records that show driving time and rest breaks
Dispatch messages between drivers and company staff
Camera footage from inside and outside the truck that shows road conditions and driver actions
Taken together, these records may help create a clearer timeline of events leading up to a crash. They can also help explain how and why a collision may have happened.
How do courts address missing electronic evidence?
Courts often treat electronic records as key evidence in truck accident cases. When data disappears after a crash, judges may take a closer look at what happened and why the information is no longer available.In federal cases, a rule called Federal Rule of Civil Procedure 37(e) may apply when electronic information should have been saved but was lost. Courts may review whether a party took reasonable steps to keep the data and whether the loss affects the ability of another party to present its case.When records are missing, courts may weigh several factors, including the importance of the data and the reason for its loss. Based on those findings, a court may respond in different ways:
Allow additional investigation into how the records were lost
Limit certain evidence or legal arguments during the case
Apply other remedies permitted under Indiana law
Since each case turns on its own facts, outcomes may vary depending on the circumstances.
Preserving evidence may shape the road ahead
As trucking technology continues to evolve, electronic records may play an even larger role in explaining truck accidents. These records may help clarify what happened before a collision, while missing data may affect how each side presents its case and builds its arguments]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[5 dangerous roadside hazards in Indiana and how to avoid them]]>https://injury.parrlaw.com/?p=501932026-06-15T15:55:56Z2026-06-15T15:55:56ZDeer crossings
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.
Potholes and road debris
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.
Construction zones
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.
Heavy semi-truck traffic
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.
Stranded vehicles and emergency responders
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 requires drivers 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.
Staying prepared for sudden roadway dangers
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 assess fault, insurance issues and available options.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[Proving liability in commercial trucking: The black box advantage]]>https://injury.parrlaw.com/?p=501892026-06-08T16:46:17Z2026-06-05T11:35:25ZWhen 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 much weight it can carry in a liability case. Knowing what the black box captures and how attorneys use it could change your entire outlook on a trucking accident claim.
What does a black box actually record?
A commercial truck's black box, formally known as an Electronic Control Module or ECM, functions much like the flight data recorder on an airplane. It records:
Vehicle speed: 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.
Brake application data: 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.
Hours of service data: Federal regulations require commercial trucks to track driver hours electronically, and that data can reveal whether fatigue played a role in the crash.
GPS location and route data: 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.
Cruise control and throttle data: These readings can show whether the driver was actively engaged with controlling the truck or operating on autopilot in a situation that required full attention.
This data paints a detailed picture of driver behavior. That picture? It can form the backbone of a strong liability claim.
How black box data builds a trucking liability case in Indiana
Accessing and preserving black box data quickly and correctly can make or break a commercial trucking case. Here are some points to consider:
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
Attorneys can send a legal hold notice to the trucking company immediately after an accident to prevent the data from being lost or destroyed
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
Indiana courts have accepted electronic logging and ECM data as admissible evidence in trucking accident cases, giving this information real weight in litigation
Combining black box data with dashcam footage, maintenance records and witness testimony builds a multi-layered case that is far harder to dispute
In a commercial trucking accident case 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.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[Indiana appeals court affirms bad-faith claim against Erie Insurance]]>https://injury.parrlaw.com/?p=501752026-05-29T17:46:40Z2026-05-18T17:44:57ZAppellate 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 ClaimsThe 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. 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. 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. 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. 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.]]>On Behalf of Parr Richey Frandsen Patterson Kruse LLP<![CDATA[Should you seek medical care after a minor car crash in Indiana?]]>https://injury.parrlaw.com/?p=501732026-05-18T13:11:06Z2026-05-18T13:11:06ZWhy do certain injuries take time to manifest?
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. Waiting too long to seek treatment could prevent recovery and make it harder to connect your injuries to the accident.
What is the importance of medical documentation?
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.
What type of medical care should you consider?
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.
Protecting your health and legal rights
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 support your recovery – both physically and financially.]]>