Fatal accident in Indiana after bike falls off of vehicle
Hammond, IN – Local news for Indiana reported on a man who died during an accident in the southern part of the state [1].
Indiana State Patrol investigating serious collision
In southern Indiana, a serious accident occurred on I-65 in Bartholomew County, leaving a Tennessee man severely injured. The incident took place on a Sunday afternoon and is currently under investigation by the Indiana State Police.
According to the initial findings of the investigation, it appears that a bike may have fallen from a vehicle traveling southbound on I-65 near the 59-mile marker. The bike ended up lying in the far left lane of I-65 South when it was struck by two other vehicles also headed in the same direction.
One of the vehicles involved in the collision, driven by 27-year-old Jonathan Brown from Lebanon, Tennessee, managed to pull over to the shoulder of the roadway after being damaged.
Shortly after the initial accident in Indiana, a group of motorcyclists who were traveling together approached the scene and encountered the bike still in the roadway. Among them, Leslie Spillman, a 62-year-old from Lexington, Kentucky, collided with the bicycle and crashed his motorcycle. Fortunately, he suffered non-life threatening injuries in the incident.
Meanwhile, Jonathan Brown left his vehicle on foot in an attempt to assist Spillman. However, Darrell Brooks, also from Lexington, had already passed the bicycle before Spillman’s crash. After witnessing the accident, Brooks decided to turn around and traveled in the opposite direction, heading northbound in the southbound lanes.
Tragically, Brooks’ motorcycle collided with Brown as he was walking toward Spillman, resulting in Brown sustaining serious injuries. Due to the severity of his injuries, he was flown to a hospital in Louisville for treatment. Fortunately, the injuries were believed to be non-life threatening.
Authorities have stated that their investigation is still ongoing, and they do not suspect alcohol or drugs to be contributing factors in the crash.
As the investigation continues, updates may emerge regarding the cause and any potential liabilities in the auto accident. The incident serves as a reminder for motorists to exercise caution and remain attentive while driving to prevent such tragic accidents from occurring.
Can a driver be considered negligent if debris or cargo falls from their vehicle?
Debris or cargo falling from a vehicle can present hazardous situations on the road, leading to potential accidents and injuries for other motorists and pedestrians. When such incidents occur, the question of negligence often arises, and determining liability becomes crucial in seeking compensation for damages.
Negligence is a legal concept that refers to the failure to exercise reasonable care, resulting in harm to others. In the context of debris or cargo falling from a vehicle, negligence can be attributed to the driver under certain circumstances. To establish negligence, four elements must generally be proven:
- Duty of Care: The driver has a duty to operate the vehicle safely and securely, ensuring that any cargo or objects being transported are adequately secured to prevent them from falling off and becoming hazardous.
- Breach of Duty: A breach of duty occurs when the driver fails to properly secure the cargo or take necessary precautions to prevent debris from falling off the vehicle.
- Causation: The driver’s breach of duty must be directly linked to the debris or cargo falling from the vehicle and causing the accident or injury.
- Damages: There must be actual harm or damages caused by the debris or cargo falling, such as property damage, personal injury, or even loss of life.
If a driver fails to secure their load or cargo appropriately and it falls from their vehicle, hitting another car or causing an accident, they may be held liable for the damages resulting from their negligence. However, certain circumstances might affect the determination of liability:
- Sudden and Unexpected Events: If an unforeseeable event caused the debris or cargo to fall, such as a sudden collision with another vehicle, the driver might not be considered negligent. However, they could still be held responsible if their cargo was not properly secured to withstand such impacts.
- Third-Party Actions: If a third party, such as a passerby or another driver, intentionally removes the cargo from the vehicle, the driver may not be held liable. However, they could still be at fault if they negligently left the cargo unsecured, making it an attractive nuisance for others to interfere with.
- Government Regulations: In some jurisdictions, there are specific laws and regulations governing how loads should be secured on vehicles. If a driver violates these regulations and an accident occurs, it can strengthen the argument for negligence.
To avoid liability for debris or cargo falling from their vehicle, drivers must take reasonable precautions, such as using appropriate restraints, tie-downs, and covers to secure their loads properly. Regular inspections during transport can help ensure that the cargo remains secure throughout the journey. If a driver knows or should have known that their cargo was at risk of falling off, they have a legal obligation to take corrective measures.
In conclusion, a driver can indeed be considered negligent for a fatal accident if debris or cargo falls from their vehicle and causes harm to others. Properly securing loads and taking necessary precautions can help prevent such accidents and potential legal consequences. If a person is involved in an accident caused by debris falling from another vehicle, they may wish to consult with legal experts to determine if negligence was a contributing factor and explore their options for seeking compensation for damages.
Advice from a local attorney
Marshall P. Whalley and Associates is a law firm that handles injury cases for people throughout the state of Indiana. They can provide representation during the course of an accident lawsuit for compensation.
USAttorneys.com is a service that works with people who are looking for lawyers in their city or state. Those who want a referral to a licensed attorney can call 800-672-3103 to get more info.
Firm contact info:
Marshall P. Whalley and Associates, PC
51 W 112th Ave., Crown Point, IN 46307
855-442-7211
www.marshallslaw.com
Sources:
- https://www.whas11.com/article/news/local/indiana/indiana-state-police-bartholomew-county-crash-tennessee-man-injured-jonathan-brown/417-3edf7f62-99b9-48b9-b318-746962241582
