It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

Additional details would be helpful. But at a glance, it looks like both of you are. In order for you to have been in a position exposed to an oncoming car, it's possible you crossed a double yellow line or other boundary not intended for lane change. Without seeing the site or police report,... View More

BOTH DRIVERS. You went behind the car turning left (in your direction) which made it difficult or impossible for the other car turning left to see you. You had the right-of-way because you were going straight. That said, you know that you are prohibited from passing on the right. Whether... View More

An Indiana attorney could advise best, but your question remains open for two weeks. It's possible they could be, but an attorney would need to investigate the matter in detail. There could be an issue of the power company's notice of the condition (as a general matter nationwide) - a... View More

I hate to give you the stock answer but it depends upon many factors. For example, what types of vehicles were involved? How many vehicles were involved? Were semi's involved? What was the weather like? Were there eyewitnesses? What type of pavement? What type of grade (was the road... View More

If she was injured, she should immediately contact a personal injury attorney in Allen County. If there are no injuries, the easiest thing for her to do is to make a claim with her own insurance. If the car had been serviced immediately prior to the incident and the incident can be related to the... View More

The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not... View More

An Indiana attorney could advise best, but your question remains open for two weeks. It depends more on the manner in which the accident occurred and how the scooter was operated. If the scooter shouldn't have been on the streets, a court could look at that point. But in general, that might... View More

An Illinois attorney could advise best, but your question remains open for two weeks. Some of your primary options include attempting negotiation with the carrier, filing suit in small claims court or civil court, or arranging a consult with an attorney to discuss them filing suit or continuing... View More

An Indiana attorney could advise best, but your question remains open for two weeks. I hope you are okay. It sounds like a very serious accident with the flip-over. From a textbook standpoint nationwide, it's possible to argue that both of you bear some liability. The fact that no measures... View More

If you were parked and somebody hit you hard enough for bystanders to be so concerned that they called the police and an ambulance, the police will wonder why you would leave without exchanging insurance information or making a police report for your insurance. The conclusion that would be drawn by... View More

Your son's death was a terrible tragedy. That said, there is something wrong with the facts. "There are no buses to your home" CANNOT be reconciled with a bus stop a few houses down. Either way, his custodian (the girlfriend's grandma) is NOT responsible for his death.... View More

Addendum - I apologize - A minute ago, I should have said a tab above named "Find a Lawyer." Good luck

An Indiana attorney could advise best, but your question remains open for a week. One reason for the difficulty could be that if the matter only involves property damage, not every accident law firm handles those. There's a tab above if you want to make further efforts at contacting attorneys.... View More

If your friend had insurance, the accident is covered.

If your friend didn't have insurance, you gave your friend permission to drive your car, knowing that it was uninsured so you are responsible for all property damage and/or personal injury that resulted. Whether you were driving... View More

An Indiana attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, not having insurance does not necessarily make one liable for damages. The person would be in violation of state laws for having an active insurance policy in... View More

Hopefully, you took several pictures of the car with the downed light pole so that you can prove that the damage to the vehicle was caused by the downed pole. You said that the sheriff was there so the sheriff should have prepared a report, memorializing the downed utility pole and the damage to... View More

If the suspension ended in 2014 then there should be no reason it would prevent you getting a license. However, there may be a reinstatement fee. Also, there could be other reasons preventing you from getting a valid license. If you do not have a myBMV account, set one up and look at your... View More

In Indiana, it is illegal to leave the scene of an accident with a domesticated animal before you call the pet's owner or animal control. As a dog lover, I feel your pain. That said, if the driver had lost control while taking evasive action, you would be responsible for all property damage... View More

The person with whom you spoke was right, for the wrong reason. US 31 is an interstate highway so you would need to make a claim with the state of Indiana, NOT St. Joseph County. Before you can make a claim, you must file a Tort Claims Notice. The form number is 54668. A completed form must be... View More