Scott Law Office and Mediation Center FindLaw IM Template 2026-11-03T07:27:15Z https://www.indianatortlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1500733/2020/03/cropped-img-32x32.png On Behalf of Scott Law Office and Mediation Center <![CDATA[What to do If a truck loses cargo on the highway]]> https://www.indianatortlaw.com/?p=47839 2026-11-03T07:27:15Z 2026-11-03T07:27:15Z Focus on safety first Your first priority is avoiding a collision. If cargo falls in your path, steer around it only if you can do so safely. Avoid sudden movements that could cause another crash. If possible, move to the shoulder and turn on your hazard lights. Call 911 to report the debris and any injuries. Do not approach the roadway to remove cargo yourself. Wait for law enforcement or emergency responders to handle the scene.

Document what happened

Once everyone is safe, gather as much information as you can. Take photos of the debris, your vehicle damage and the road conditions. Write down the truck’s company name, license plate number and any other identifying details you remember. If police respond, ask how to get a copy of the report. Save dashcam footage if you have it, along with medical records, repair estimates and receipts. This evidence may be important if you later file a claim for injuries or vehicle damage.

Know who may be responsible

Falling cargo cases can involve more than one party. Depending on the facts, responsibility may involve:
  • The truck driver, if the load was not properly inspected or secured
  • The trucking company, if poor training or supervision contributed to the incident
  • The loading company, if it loaded the cargo improperly
  • The cargo owner or shipper, if it failed to prepare the load safely
Federal rules generally require commercial cargo to be secured so it does not shift, spill or fall onto public roads. If those rules were not followed, that may support a negligence claim.

Watch the deadline

In Indiana, many personal injury and property damage claims must be filed within two years, but the deadline can vary depending on the type of claim. Additional notice requirements may also apply in some cases.

Next steps after falling cargo

If falling cargo causes damage or injury, act quickly to preserve evidence and protect your rights. A lawyer can help you understand your options and the deadlines that may apply.]]> by Scott Law Office and Mediation Center <![CDATA[What damages can families recover in a wrongful death case?]]> https://www.indianatortlaw.com/?p=47837 2026-10-23T11:48:26Z 2026-10-23T11:48:26Z Financial losses families may recover Under Indiana Code § 34-23-1-1, the personal representative may seek damages for certain financial losses. Courts may review income records, work history and other evidence to determine these amounts. Recoverable losses may include:
  • Lost earnings: The earnings the person would likely have made if they had lived.
  • Household services: The value of services the person would have provided.
  • Medical expenses: Reasonable treatment costs related to the fatal injury.
  • Funeral expenses: Reasonable funeral and burial costs.
These damages depend on the facts and the law governing the claim. Indiana Code § 34-23-2-1 provides different rules for children.

When can families recover loss of companionship damages?

Indiana law may allow certain survivors to recover damages for the loss of love, care and companionship. Under Indiana Code § 34-23-1-2, qualifying parents and children of certain unmarried adults without dependents may seek these damages. The law sets a combined $300,000 limit and requires proof of a genuine, substantial and ongoing relationship. Indiana's survival laws address certain claims that remain after death. However, when the same wrongful act causes both the injury and death, a separate survival claim for that fatal injury generally is not available.

Who files a wrongful death claim and who receives the damages?

The personal representative files the wrongful death lawsuit. However, the representative does not personally receive all recovered funds. Under § 34-23-1-1, damages for medical and funeral costs benefit the estate for payment of those expenses. Other qualifying damages may go to the surviving spouse, dependent children or dependent next of kin. Distribution depends on the applicable statute and type of damages.

Speaking with a lawyer about a wrongful death claim

Under Indiana's General Wrongful Death Act, the personal representative generally must file within two years of the death. Different rules may apply to other claims. An Indiana wrongful death attorney can review the family facts, the type of claim and the filing deadline. This review may help the family learn what damages the law allows.]]> On Behalf of Scott Law Office and Mediation Center <![CDATA[Halloween night: keeping trick-or-treaters safe from drivers]]> https://www.indianatortlaw.com/?p=47835 2026-10-07T14:20:20Z 2026-10-07T14:20:20Z Understanding why Halloween is so dangerous for children on foot Research covering 42 years of federal crash data shows that the risk of a pedestrian death was 43% higher on Halloween evenings than on the same hours a week earlier or later. For children ages 4 to 8, the risk was 10 times higher. It peaked around 6 p.m., when dusk makes costumed children harder for drivers to see.

Making your child visible and planning a safer route

Drivers cannot avoid a child they do not see. That is why the Indiana State Police suggests light-colored costumes or reflective tape, a flashlight for each child, and makeup in place of a mask that blocks vision. Starting while it is still light may also lower the risk, since the danger peaks around dusk. Familiar, well-lit routes and your community's posted hours keep your child where drivers expect to see families. The National Highway Traffic Safety Administration advises crossing at corners and crosswalks and checking for cars in every direction, including those turning left or right. Staying close to young children at every crossing lets you stop a child who darts ahead.

Where to turn if your family is affected

No precaution can control every driver, so it helps to know what comes next before you ever need it. If a driver hits your child, calling 911 and getting medical care come first. Once your child is safe, saving the costume, writing down what you remember and keeping any photos, video or doorbell footage from the street can preserve details that fade quickly. Consulting a personal injury attorney as soon as possible can protect the facts while they are fresh. An attorney can secure footage and records before they vanish, work out who was responsible, and take the insurance calls, so you can focus on your child's recovery. Indiana law filing deadlines are strict, so an early conversation with legal counsel can keep your options open.  ]]> On Behalf of Scott Law Office and Mediation Center <![CDATA[What evidence should you preserve after a fatal accident?]]> https://www.indianatortlaw.com/?p=47833 2026-10-05T08:42:29Z 2026-10-05T08:42:29Z Secure physical evidence from the scene Physical evidence can change soon after a crash. Photos of vehicle damage, skid marks, debris and road conditions can help show what happened. If it is safe and does not interfere with emergency responders, take photos before vehicles are moved or removed. Families should also record weather, traffic signals, road hazards and nearby signs. The position of vehicles and debris may provide useful information about the crash.

Obtain reports and medical records

Police prepare crash reports for qualifying accidents that involve injuries, deaths or significant property damage. These reports may include officer observations, witness information and other details about the crash. Medical records can also provide important evidence. Emergency and hospital records can show the injuries and treatment before death. Toxicology results, autopsy records and coroner findings may also help establish the cause of death.

Preserve electronic and witness evidence

Modern vehicles may contain event data recorders that capture information about the vehicle and crash. The available information varies by vehicle. Keeping the vehicle intact and having qualified professionals examine it may help determine what happened. Cellphone records may show whether phone use or another distraction played a role. Nearby businesses, homes or traffic systems may have surveillance footage. Some systems delete older recordings, so families may need to act quickly. Witness information should also be preserved. Names, contact details and statements can become harder to obtain as time passes. Memories may also change.

Act quickly to preserve evidence

Families should avoid altering or disposing of damaged vehicles or other relevant property before the evidence has been reviewed. Photos, records, vehicle data, video footage and witness accounts may all help establish what happened. Wrongful death claims involve legal deadlines and important evidence. Families should consider seeking legal guidance promptly after a fatal accident.]]> by Scott Law Office and Mediation Center <![CDATA[How long do you have to file a wrongful death claim in Indiana?]]> https://www.indianatortlaw.com/?p=47829 2026-09-10T10:08:54Z 2026-09-10T10:08:54Z Indiana's two-year statute of limitations Indiana law generally gives families two years to pursue a wrongful death claim. Missing the applicable deadline can bar the claim unless an exception extends the filing period. This rule generally covers deaths resulting from car crashes, workplace incidents and similar events. Wrongful death claims based on medical malpractice follow different timing rules. The limitations period may begin with the negligent act or omission instead of the date of death. These cases also require review by a medical review panel under Indiana’s Medical Malpractice Act before a lawsuit can proceed.

Who can bring a wrongful death claim?

Under Indiana law, only the personal representative appointed for the deceased person's estate can bring the claim. The representative pursues the claim for eligible family members, such as a surviving spouse, dependent children or parents who relied on the deceased for support. Before the case can proceed, the probate court must officially appoint the personal representative.

Exceptions that may extend filing deadlines

Indiana law may toll the two-year filing period in limited cases. The deadline may also be extended in certain situations. For example, the time may be extended if the person responsible for the death leaves Indiana during the applicable period. Fraudulent concealment may provide another exception when that person takes steps to hide their involvement. These exceptions depend on the facts of the case and may require a legal review. Several situations may affect the filing deadline:
  • Absence from Indiana: The filing period may be tolled while the responsible party is outside the state.
  • Fraudulent concealment: Actively hiding involvement may extend the deadline in limited cases.
  • Minor beneficiaries: The two-year deadline generally applies even when surviving children or other beneficiaries are minors.
  • Estate representative: The personal representative generally must file the wrongful death claim within two years of the decedent’s death.
Rare exceptions may apply in extraordinary circumstances.

Why filing promptly protects the claim

Evidence can weaken over time. Witnesses may forget details, records may become harder to obtain and physical evidence may be lost. Indiana generally requires wrongful death claims to be filed within two years. Exceptions are narrow and depend on the facts. An attorney familiar with Indiana wrongful death law can confirm the deadline and help complete the required steps on time.]]> On Behalf of Scott Law Office and Mediation Center <![CDATA[Are autumn rainstorms increasing semi-truck risks in Indiana?]]> https://www.indianatortlaw.com/?p=47828 2026-09-04T09:11:42Z 2026-09-04T09:11:42Z Wet roads can affect commercial vehicles differently than passenger cars A semi truck needs more time and distance to slow down than a passenger car. Rain can reduce tire traction, limit visibility and make sudden braking more dangerous. Wind, standing water and slick pavement can also affect how a loaded trailer responds. Federal safe-driving guidance for poor road conditions stresses that commercial drivers must slow down when weather or pavement conditions make normal driving unsafe.

Rain can make truck operation more dangerous

A serious truck collision may involve more than wet pavement alone. In autumn storms, a tractor-trailer may become harder to control because of speed, following distance, braking problems, shifting loads or poor visibility. Long stopping distances and downhill travel can make the danger worse when the truck driver does not adjust to the conditions. These issues matter because a weather-related wreck may still involve unsafe truck operation, not just bad conditions.

Bad weather does not excuse unsafe truck operation

When those precautions are not enough to avoid a collision, the focus shifts from prevention to what the evidence shows. A serious wreck can happen when a commercial truck driver follows too closely, drives too fast for conditions or loses control of the vehicle. Evidence in trucking accident claims centers on weather conditions, operator decisions and how the rig was handled before the collision. A truck accident lawyer can review those details to determine whether the collision came from bad weather alone or from driver decisions that made the conditions more dangerous.]]> by Scott Law Office and Mediation Center <![CDATA[Can poor lighting contribute to a fatal pedestrian accident?]]> https://www.indianatortlaw.com/?p=47827 2026-08-17T20:35:42Z 2026-08-17T20:35:42Z How can poor lighting increase the risk of a fatal pedestrian crash? Poor lighting can reduce visibility and leave drivers less time to react. Key visibility concerns may include:
  • Reduced visibility: Dark roads can make pedestrians harder to see until a vehicle is close.
  • Shadows and glare: Dark areas and glare can make it harder for drivers to see pedestrians.
  • Uneven lighting: Broken or weak lights can leave parts of roads, intersections and crosswalks difficult to see.
  • Hazard detection: Low light can make pedestrians, animals, debris and stalled vehicles harder to spot.
  • Less reaction time: Late detection can leave a driver with less time to brake or avoid a crash.
  • Seasonal darkness: Earlier sunsets in fall and winter can increase the time people travel in low light.
  • Driver responsibility: Drivers should slow down and use extra care when visibility is poor.
  • Other factors: Driver behavior, weather, road conditions and vehicle conditions can also affect a crash.
A careful investigation can help determine whether poor lighting contributed to a fatal crash.

Evidence to review after a poor-lighting pedestrian death

NHTSA research shows that poor lighting can raise the risk of deadly pedestrian crashes at night. Key evidence can help show whether lighting played a role, including:
  • Lighting records: These records can show whether a streetlight was damaged, missing or poorly maintained.
  • Scene photos: These photos can preserve the lighting, crosswalks, sidewalks and road conditions.
  • Surveillance footage: Nearby cameras may capture the crash and the conditions around it.
  • Witness accounts: Witnesses can describe what they saw and how clear their view was.
  • Roadway details: These details can show how curves, intersections or crosswalks affected visibility.
  • Expert analysis: An accident expert can assess lighting, weather, vehicle conditions and driver actions.
A police report may not show every factor that caused the crash. An Indiana wrongful death attorney can review the evidence and determine whether further investigation or legal action is needed.

Liability may extend beyond the driver

A municipality that failed to repair a broken streetlight, a contractor who installed inadequate lighting or a property owner who left a parking lot or walkway dangerously dark may share liability for a fatal crash. Because multiple parties can be involved, an experienced wrongful death attorney can investigate who had control over the lighting and whether negligence played a role.]]> On Behalf of Scott Law Office and Mediation Center <![CDATA[Can you sue if airbags fail to deploy in Indiana?]]> https://www.indianatortlaw.com/?p=47826 2026-07-31T16:08:07Z 2026-07-31T16:08:07Z When 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=47825 2026-07-22T18:48:40Z 2026-07-22T18:48:40Z Factors 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=47812 2026-07-16T10:44:52Z 2026-07-16T10:44:52Z How 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.]]>