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IN Toll Road Accident

Posted by: Steve Wagner
September 30, 2009
Topic: Motor Vehicle Accidents

A group of four men traveling home from a hunting trip through Indiana to Pennsylvania were injured when the driver of their vehicle fell asleep. Their truck hit the guardrail, causing them to flip. The crash happened on the Indiana Toll Road between mile marker 84 and 85 near the Mishawaka exit. The most severely injured, Jack Oswalt, Indiana, PA, had to be extricated from under a trailer that their vehicle was hauling. Another occupant of the truck, Colten Oswalt, had broken fingers and cuts.

Under Indiana law, an occupant of a vehicle cannot make a personal injury claim against the driver if the occupant is the parent, child, brother or sister of the driver. Most states have similar law which is often referred to as a "Guest Statute." However, a claim by an occupant against the driver for the driver's negligence in causing an accident can be made against a friend who was driving (or even a grandparent or uncle). While at first it may seem like this is an unreasonable thing to do (sue your best friend or grandma??), the reality is that the driver's automobile insurer pays all damages. In fact, most drivers want their insurance to pay for any damages suffered by friends or family members in an automobile accident. If you have questions about making a claim following an automobile or truck accident, call us today for a free and confidential consultation. Toll Free (800) 792-0332.


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