Scott Law Office and Mediation CenterFindLaw IM Template2026-07-31T16:08:07Zhttps://www.indianatortlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1500733/2020/03/cropped-img-32x32.pngOn Behalf of Scott Law Office and Mediation Center<![CDATA[Can you sue if airbags fail to deploy in Indiana?]]>https://www.indianatortlaw.com/?p=478262026-07-31T16:08:07Z2026-07-31T16:08:07ZWhen can you sue?
Airbags are not designed to deploy in every accident; in fact, unnecessary deployment can cause additional injuries. They typically do not activate in minor collisions. However, if a collision occurs at a greater force where deployment was required for passenger safety, but the system failed to trigger, you may have grounds for a product liability claim.
Why didn’t the airbags deploy as they should?
Understanding the mechanics of airbag failure is essential for determining if a product defect caused your injury. The following technical issues may support a product liability claim in motor vehicle accidents:
Sensor failure: The system failed to detect the collision
Electrical malfunctions: There was an issue within the vehicle’s wiring or communication systems
Design or manufacturing defects: A flaw in the system’s design or assembly prevented proper activation
Identifying the specific cause of the failure is a critical step in building a strong case for compensation.
The importance of documentation
To support a claim, preserving evidence related to the accident is essential. This includes taking detailed photographs of the accident scene and the vehicle's interior, obtaining copies of police reports and maintaining comprehensive medical records documenting your injuries. Additionally, preserve vehicle maintenance logs to demonstrate that you properly serviced the car and maintained it in good working condition prior to the collision.
There is a window for product liability claims
Most people don’t realize that there is a legal window when it comes to product liability claims. Usually, you have only two years from the date of injury before you could file a claim. Past that, you might lose the opportunity to recover any damages. With the help of a legal guide, you can take required steps to file a product liability claim against a manufacturer. They can help fully understand your legal rights and potential for compensation after a serious accident.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Who is at fault if the car in front stops suddenly?]]>https://www.indianatortlaw.com/?p=478252026-07-22T18:48:40Z2026-07-22T18:48:40ZFactors that determine fault
The law recognizes that the front drivers can be negligent making a crash completely unavoidable for the motorist behind them. The front driver could share the majority or entirety of the fault if they stopped under the following circumstances, such as:
Brake-checking: Intentionally slamming on the brakes due to road rage or other unnecessary reasons, causing an avoidable crash
Broken brake lights: Failing to repair brake lights that are burned out or broken, leaving the following driver with no visual warning to stop
Aggressive lane cutting: Cutting in front of another driver and immediately braking, leaving no time to react
Unlawful stopping: Stopping suddenly in the middle of a moving travel lane for no apparent safety reason
The drivers are legally obliged to maintain a reasonable following distance behind a vehicle. If the front vehicle stops for a valid reason and you hit them you could be held liable for tailgating, distracted driving or failure to maintain safe distance.
What’s next after a crash?
Determining fault after a sudden-stop crash can be complex. However, Indiana’s strict two-year statutory limitation for personal injury claims makes it important to act promptly. If a rear-end collision injures you or your loved ones, an Indiana car accident attorney could help you understand your rights and how fault may affect your claim.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Can you sue for drowning accidents at public pools in Indiana?]]>https://www.indianatortlaw.com/?p=478122026-07-16T10:44:52Z2026-07-16T10:44:52ZHow pool safety rules affect your claim
Pool owners and staff must take reasonable steps to protect you from known dangers. Public pools in Indiana must follow rules for lifeguards, rescue gear, first aid supplies, depth signs and emergency phone access.
You may have grounds for a claim if staff failed to watch swimmers or ignored signs of distress. Unsafe site conditions may also support a claim. These conditions could include cloudy water, poor lighting, broken drain covers or slick walking areas.
A lifeguard may also place the pool owner at fault by leaving a post, becoming distracted or delaying a rescue. To support your claim, you generally need to show that the owner owed you a duty, failed to meet that duty and caused the injury or death. Photos, video, witness statements and pool records may help explain what happened.
How government immunity affects public pool claims
A city, county, school district or other public body may own the pool. If so, the Indiana Tort Claims Act applies. This law shields public bodies from some claims, including claims tied to certain policy or design choices.
However, government ownership does not prevent every claim. You might still have a valid case if poor upkeep, unsafe daily operations or a worker’s careless act caused the harm. You must also follow the law’s notice rules. To pursue your claim against a local public body, you must file a written notice within 180 days of the incident, while claims against state-owned bodies require written notice within 270 days.
Protecting your family’s rights
You should review the pool’s safety rules, incident reports and other records tied to the accident. These details may help show whether negligence caused the harm. It may also help you prepare to take the next formal steps in an Indiana personal injury or wrongful death claim.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Is it illegal or unsafe for two motorcycles to occupy one lane?]]>https://www.indianatortlaw.com/?p=478112026-07-22T09:42:07Z2026-07-11T12:05:32ZThe law allows side-by-side riding
State statutes clearly state that motorcycle operators have the right to fully occupy a lane without another vehicle infringing on their space. However, the law also recognizes the potential benefits of allowing for side-by-side riding or lane sharing.
Riders can share lanes with one another whenever they can do so safely. Riding side by side makes motorcycles more readily visible to others in traffic. There is also another person nearby to assist if a collision occurs, as well as a witness who can validate what actually occurred prior to a crash.
Motorcycle riders can share a lane with one another without worrying about traffic citations or a driver who causes a crash blaming them for sharing a lane. A claim of partial fault could reduce the compensation awarded by the courts if a rider must file a lawsuit to cover crash expenses.
If a crash does occur, motorcycle riders often need help pursuing compensation. Reviewing motorcycle crash circumstances with an attorney can help injured riders understand their rights.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Can criminal prosecution affect a wrongful death lawsuit?]]>https://www.indianatortlaw.com/?p=478092026-06-25T19:01:03Z2026-06-25T19:01:03ZProsecution doesn't prevent litigation
Many people are familiar with the idea of double jeopardy for criminal defendants. They know that one defendant should not face legal consequences multiple times for the same incident.
Contrary to what people sometimes mistakenly believe, successful prosecution related to the circumstances that caused a death does not prevent people from filing a wrongful death lawsuit. Civil litigation is separate from criminal charges, and a guilty plea or conviction does not prevent families from taking legal action.
In fact, it may have the opposite effect. If the party responsible for the tragedy pleaded guilty, the civil courts may treat that as an admission of responsibility for the incident. If the prosecutor were able to secure a conviction at trial, there is likely more than enough evidence to meet the standard imposed in a civil lawsuit scenario.
Reviewing a tragedy that has led to the loss of a family member and any criminal case associated with their incident can help families hold the right party accountable after losing a loved one. Lawyers can help families determine if they have grounds for wrongful death litigation and manage the complex legal process of seeking justice.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[How fatigue contributes to semi-truck crash risk]]>https://www.indianatortlaw.com/?p=478082026-07-22T16:16:10Z2026-06-12T00:20:11ZExhaustion diminishes driving capability
Motorists need to be aware of their surroundings. They sometimes need to make immediate decisions about how to respond to changing traffic conditions. Fatigue interferes with both of those capabilities.
Traffic safety researchers often compare drowsy driving to drunk driving. Extreme exhaustion affects people much like chemical impairment does. Drivers who have gone 20 hours or more without sleep may demonstrate driving abilities comparable to someone who is over the legal limit for their blood alcohol concentration.
Fatigue affects decision-making capability, reaction time and even mental focus. Both truck drivers and their employers can be liable for collisions caused by fatigue. Especially in cases involving a violation of the Hours of Service rules that limit how long commercial drivers are on the road, fatigue could be the underlying cause of the wreck.
Requesting compensation is a reasonable response to a preventable semi-truck crash caused by truck driver fatigue. Reviewing company policies and the records maintained by the electronic logging device (ELD) of a semi-truck with a skilled legal team could help those affected by commercial truck collisions verify if fatigue may have caused a recent wreck.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Can you pursue punitive damages after a car crash injury?]]>https://www.indianatortlaw.com/?p=478072026-06-08T06:19:58Z2026-06-08T06:19:58ZThe meaning of punitive damages
Punitive damages, which courts also call exemplary damages, serve a different purpose than simply paying for your losses. Compensatory damages cover your medical bills while punitive damages exist to penalize a defendant for particularly harmful behavior and to discourage similar behavior in the future.
The conduct behind an award
Indiana law permits punitive damages only when the evidence points to conduct well beyond ordinary carelessness. The driver must have acted with malice, fraud, gross negligence or a conscious disregard for the safety of others.
Courts may also look at whether the defendant knew their actions carried a high chance of causing harm. A history of reckless action or prior offenses can help show that the at-fault party acted with deliberate disregard for public safety.
The evidence a court may weigh
The following types of records and testimony can play a role in meeting the court's higher standards:
Police and crash reports documenting reckless or unlawful operation
Chemical testing that confirms intoxication at the time of the collision
Electronic and phone records indicating distraction before impact
Witness accounts detailing erratic or aggressive driving
A prior record of violations establishing a pattern of recklessness
Speaking with an attorney can help you evaluate whether the available documents that you have and further gather any that you might need.
The constraints under state law
Indiana places a statutory cap on punitive awards. The maximum amount is the greater of three times your total compensation or $50,000. If a jury awards more than that limit, the court is required to reduce the award to comply with the cap.
A separate allocation rule also affects what you receive. Under Indiana law, you collect only 25 percent of any punitive award, while the remaining 75 percent goes to the state's Violent Crime Victims Compensation Fund.
Furthermore, you have two years from the date of your car accident to file a lawsuit. Missing this deadline prevents you from seeking any form of damages.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Is that cup of coffee a driving distraction?]]>https://www.indianatortlaw.com/?p=478052026-06-04T08:44:35Z2026-06-04T08:44:35ZYes, a cup of coffee certainly can be a driving distraction.
Many people buy coffee every day during their morning commute into the office, so they do not think of it as distracted driving in the same way that they look at texting and driving. But that driver is distracted and could be more likely to cause a car accident.In this sense, drinking a cup of coffee is probably one of the most common distractions on the road, even if drivers are unaware of it as it happens.
The problem with drinking coffee behind the wheel is that it fits into all of these categories. It is a cognitive distraction when the driver is thinking about picking the coffee up or setting it back down again, rather than thinking about operating the vehicle. It is a physical distraction because they have to take their hand off of the wheel to take a drink. It is also a visual distraction because they may tip their head back as they drink, tipping the cup up in front of their face and blocking part of their field of vision.
Do you deserve financial compensation?
Even if you save your cup of coffee for the office and never drink behind the wheel, you could be injured in an accident caused by another negligent driver. If so, you need to know how to seek financial compensation for medical bills, lost wages and more.
]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[3 leading causes of rear-end crashes]]>https://www.indianatortlaw.com/?p=478042026-05-19T15:51:47Z2026-05-19T15:51:47ZA rear-end crash occurs when one driver hits the tail end of another vehicle traveling in the same direction. They have a reputation for being minor collisions, but they can actually cause significant injuries and financial losses.
Rear-end crashes can cause soft tissue injuries, fractures, brain injuries or even death. They can also leave vehicles in need of repairs or completely unsafe to drive. Understanding the leading causes of this common type of crash can help people optimize their safety and traffic.What are the top causes of preventable rear-end wrecks?
1. Distracted driving
Many people no longer solely focus on the road as they drive. Instead, they may handle their phones, which splits their attention. They may fail to notice the vehicle in front of them slowing or stopping abruptly, which then results in a rear-end crash.
2. Insufficient following distance
Failing toleave enough space between vehicles is a common cause of rear-end crashes. Drivers who tailgate don't have time to slow down or stop when vehicles in front of them maneuver.
3. Aggressive driving
People in front vehicles can cause rear-end crashes by cutting others off through aggressive conduct. Turning when there isn't enough space can lead to approaching vehicles striking a turning vehicle. Merging into a lane of traffic without enough space and without accelerating rapidly enough can also cause rear-end crashes.Depending on the circumstances, both the front and rear drivers may have the right to hold the other accountable for a crash. Determining the underlying cause of amotor vehicle collision is a key component of establishing who is liable for it.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Do motorcycle helmets actually work?]]>https://www.indianatortlaw.com/?p=478012026-05-05T18:06:37Z2026-05-05T18:06:37ZYes, studies show that motorcycle helmets do work. According to one report, they are roughly 37% effective in preventing fatal injuries in accidents. So while it is still possible to suffer fatal injuries even while wearing a helmet, roughly one out of every three motorcyclists who would have passed away without a helmet would survive if they were wearing one.Motorcyclists are inherently at risk every time they ride due to their lack of protection. When compared to a car, even wearing body armor, leathers and a motorcycle helmet does not provide the same level of protection as being inside a motor vehicle. A helmet also does not prevent other types of injuries, such as internal injuries, broken bones and similar harm.That being said, riders do appear to be adopting helmet use more often, in part because they are focused on safety. In 2005, only 48.3% of riders wore helmets. By 2023, that number had risen to 73.8%.
Are motorcycle helmets required in Indiana?
No, Indiana law does not require motorcycle helmets for most riders. The only groups who are required to wear them are those who have a learner’s permit or those who are under 18 years old. For adult riders, helmet use is recommended but not mandatory.
Seeking compensation after a motorcycle accident
If you are an adult, you do have the choice to wear a helmet or not under Indiana law. Either way, you could suffer serious injuries if you are struck by a negligent motorist. It is important to know how to seek potential financial compensation for medical bills, lost wages and other damages.
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