Allen Wellman Harvey Keyes Cooley, LLPAllen Wellman Harvey Keyes Cooley, LLP2026-10-06T06:55:40Zhttps://www.awmlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204357/2019/07/cropped-site-identity-32x32.jpgOn Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[How logbook violations help prove truck driver negligence]]>https://www.awmlaw.com/?p=544612026-10-06T06:55:40Z2026-10-06T06:55:40ZHours-of-service rules create a record of driving time
Many commercial drivers subject to federal regulations must track their driving time, off-duty time and rest periods through electronic logging devices, though some exceptions apply. Federal hours-of-service rules generally include:
No more than 11 hours of driving after a 10-hour off-duty period
No driving once 14 consecutive on-duty hours have passed
Complete records of off-duty periods and rest breaks
A violation may help show the driver failed to use reasonable care
A truck accident claim still requires proof that the driver breached a duty of care, though in some situations a federal safety violation may itself support that showing. Logbook violations may help establish breach when the records suggest the driver stayed on the road too long, skipped required rest or falsified time entries.
That type of evidence may carry more weight when the records show a pattern rather than a one-time mistake.
The records can strengthen the crash timeline
Logbooks and ELD records can help show how long the driver had been working before the collision. That timeline may support an argument that fatigue affected reaction time, attentiveness or decision-making.
Preserving the records early can affect what the case can prove
Trucking companies do not keep all digital records forever. In some truck accident claims, preserving this material early can affect whether key timeline evidence still exists by the time the case reaches a later stage.
Logbook violations do not prove negligence by themselves, but they can provide a factual basis for showing that the driver likely operated the truck while fatigued, out of compliance or inaccurately reporting time on the road. An attorney familiar with truck accident litigation can help secure those records before they are overwritten or lost.]]>by Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[How to update your estate plan after remarriage in Indiana]]>https://www.awmlaw.com/?p=544192026-09-25T20:28:57Z2026-09-25T20:28:57ZUpdate beneficiary designations after remarriage
Life insurance, retirement accounts and bank accounts go directly to the person listed as beneficiary. A will does not change that. Federal law governs plans like 401(k)s. Divorce and remarriage do not update those names on their own. A former spouse could still receive funds if the account was never changed.
Each account should be reviewed on its own. Many blended families name the new spouse as the first beneficiary. Children from a prior marriage are listed as the backup. This approach protects the new spouse while preserving what the children will receive.
Updating powers of attorney after remarriage
After remarriage, several issues may affect the authority granted under an existing power of attorney:
Indiana Code § 30-5-10-4 automatically revokes a durable power of attorney that names a former spouse as agent when the marriage ends.
A former spouse generally loses authority to manage financial and health care matters after the divorce.
New documents formally give the new spouse authority to manage finances and make health care decisions during incapacity.
Outdated documents may lead to delays or disputes when urgent decisions require action.
Updating powers of attorney after remarriage helps avoid uncertainty and confirms who has legal authority when it matters most.
How should trusts address blended family needs?
A qualified terminable interest property trust lets a spouse receive income from trust assets for life. The principal then remains for children from a prior marriage. This arrangement supports the surviving spouse while protecting the children's inheritance. Guardianship for minor children must be named in a will, not a trust. Indiana courts give strong weight to a parent's stated choice, but they are not bound by it.
Indiana's pretermitted spouse law and remarried individuals
Under Indiana Code 29-1-3-8, a new spouse may receive an intestate share if a person remarries after making a will and does not update it. This can apply even when the will names other heirs. Updating the will after remarriage helps document the person's wishes and avoid unintended distributions. Reviewing other estate planning documents with an Indiana attorney can also help ensure they reflect the person's current family structure.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Who is responsible for a car accident caused by a road defect?]]>https://www.awmlaw.com/?p=544182026-09-10T15:37:21Z2026-09-10T15:37:21ZThe other driver
The other driver may still be at fault if they had time to react to an existing road defect but made an unsafe move that caused the crash. The driver may swerve into your lane, lose control or make another risky maneuver to avoid the issue.
Timing also matters. If the defect appeared just before the crash, the driver may have had little time to react. A last-second attempt to avoid a sudden hazard does not, by itself, mean the driver drove carelessly. The key question is whether the response made sense based on what the driver could see and how much time they had to react.
The government entity responsible for the roadway
The government entity responsible for maintaining the roadway may potentially bear responsibility when a dangerous condition contributes to your crash. Depending on where the accident occurred, that entity could include the state, county or municipality responsible for that road.
Indiana law generally requires responsible government entities to maintain public highways in a reasonably safe condition, although specific immunities and other rules can limit when you may recover damages. Government responsibilities can also include maintaining traffic-control devices and taking reasonable measures to address known hazards, such as appropriate warnings or traffic controls when circumstances call for them.
Both the driver and roadway authority
Both parties may share responsibility when the road defect and the driver's actions each played a part in the crash. For example, the road authority may have failed to address a known hazard or warn drivers about it. The other driver may then have reacted in an unsafe way and hit you.
These circumstances can overlap, so you should not assume that only the driver or only the roadway authority could bear responsibility. The facts surrounding the defect, the driver's response and the roadway's maintenance can determine which parties may have legal responsibility.
Find out who may be responsible for your crash
When a road defect contributes to your accident, the driver who hit you may not tell the whole story. An attorney can review what happened and help you determine whether the other driver, the government entity that maintains the road or both may have responsibility for your injuries.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[5 reasons why crashes spike during Indiana’s back-to-school season]]>https://www.awmlaw.com/?p=544172026-09-03T15:32:47Z2026-09-03T15:32:47ZLate summer brings more than just new backpacks. It also brings a sharp rise in vehicle collisions across Indiana. Every year, as schools open, roads around Greenfield and the Indianapolis metro area grow noticeably more congested. This is why understanding why crashes escalate during this season helps you stay vigilant and protect your rights if an accident occurs.
Hectic drop-offs create dangerous conditions
One of the biggest contributors to this seasonal spike is the chaos surrounding daily drop-offs and pick-ups. Parents juggle children in the back seat, manage schedules and navigate congested school zones simultaneously. This distraction frequently leads to speeding, abrupt lane changes and near-misses. Thus, a single lapse in attention within a tightly packed school zone can result in a serious collision.
Teen drivers add to the morning rush
On top of distracted parents, more teen drivers also hit the road when school starts. High school students drive themselves or their friends to school for the first time. They often encounter the same road challenges as experienced drivers but lack the developed reaction time to manage sudden hazards. As a result, young drivers between the ages of 15 and 19 contribute to thousands of crashes across Indiana each year.
Stop-arm violations put children in danger
Beyond teen drivers, stop-arm violations also rise during this season. A stop-arm violation refers to a driver failing to halt when a school bus stops and displays its extended stop arm. Indiana law requires you to stop when a bus extends its stop arm. Disregarding this rule places children at serious risk and raises the likelihood of multi-vehicle collisions.
Sudden congestion catches commuters off-guard
Heavier traffic also brings concerns beyond stop-arm violations. After months of open summer roads, you suddenly encounter school zones, reduced speed limits and crossing guards. Thousands of school buses, carpools and faculty vehicles return to the roads at once. This surge creates heavy stop-and-go conditions around crosswalks and intersections you have not had to navigate all summer.
Kids on foot and bikes deserve extra care
Lastly, that same surge in traffic also makes it harder to spot the most vulnerable road users. School zones fill with children walking, biking or riding scooters. Younger children often misjudge vehicle speeds and can step into traffic without warning. Large vehicles like school buses also create significant blind spots that obstruct your view of small children crossing near curbs
Stay alert and know your options
At the end of the day, patience and extra caution can prevent many back-to-school crashes. Slow down in school zones, stay off your phone and always stop for school buses. However, even the most careful drivers can find themselves in unexpected situations. If that happens to you or your child, remember that you do not have to navigate the aftermath alone. Help is available and knowing your rights matters just as much as knowing the road.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[What happens when a driver runs a red light in Indiana?]]>https://www.awmlaw.com/?p=544162026-08-26T09:30:18Z2026-08-26T09:30:18ZA red-light violation may support a negligence claim
Indiana traffic laws require motorists to follow traffic-control signals. In general, a driver facing a steady red signal must stop before entering the intersection and remain stopped until the signal permits the driver to proceed.
If a motorist enters an intersection unlawfully and strikes another vehicle, that conduct may be important when determining negligence. However, a traffic citation does not by itself resolve a personal injury case. The circumstances of the collision still matter, including whether another driver also contributed to the crash.
Evidence may help establish who caused the collision
Determining what happened at an intersection can require more than simply looking at the damage to the vehicles. Depending on the circumstances, useful evidence may include:
The police crash report
Statements from people who witnessed the collision
Video from traffic cameras or nearby businesses
Photographs of the vehicles, roadway and traffic signals
Vehicle damage and debris patterns
Statements made by the drivers or passengers
Medical documentation related to the injuries
Video footage can be especially useful when the drivers disagree about which signal they had when they entered the intersection. Witness accounts and physical evidence may also help establish the sequence of events.
Indiana's comparative fault rules may affect compensation
A red-light crash does not always mean one driver bears all responsibility. Indiana uses a comparative fault approach when more than one person may have contributed to an injury.
For example, if an injured driver is assigned a percentage of fault, the amount of damages recovered may be reduced accordingly. Indiana law also limits recovery when the injured person is more than 50% responsible for the harm.
Because fault can affect the value of a claim, it is important to examine the actions of everyone involved rather than focusing only on the driver who received a traffic citation.
What if the driver entered on yellow?
The timing of the traffic signal can be important. A vehicle that entered the intersection while the light was yellow may raise different issues from one that entered after the signal had already changed to red.
Investigators may consider when the vehicle crossed the stop line, how quickly the signal changed and whether the driver had a reasonable opportunity to stop. Camera footage, witness testimony and other evidence may help answer those questions.
What should you do after a red-light crash?
If you are injured in an intersection collision, seek medical attention and report the crash to law enforcement. Take photographs when it is safe to do so and preserve information about witnesses, vehicles and possible video footage.
Keep records of medical treatment, missed work and other expenses connected to the crash. These records may become important if you later pursue compensation.
A red-light collision can result in significant injuries and financial losses. Understanding the circumstances of the crash and preserving evidence can help an injured person evaluate the available legal options.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Why joint tenancy risks real estate inheritances in Indiana]]>https://www.awmlaw.com/?p=544152026-08-07T13:53:29Z2026-08-07T13:53:29ZJoint tenancy gives another person real legal rights
A joint tenant does not just inherit later. Once someone signs the deed, the added party gains present rights in the property, not just a future inheritance, which is a key feature of this form of ownership. That matters because a parent who adds an adult child to the deed may also expose the property to that child's financial problems.
What risks can come with adding someone to the deed?
Once another person gains an interest in the property, the home may become vulnerable in ways the family did not intend. Problems can arise if that person has debts, goes through a divorce or faces liens or judgments. These risks may include:
Creditor claims against the added party
Divorce disputes involving that person's interest
Tax issues from gifting part of the property
Loss of control over future transfers or refinancing
These problems can arise even when the family only meant to simplify inheritance.
Other estate planning tools may offer more control
Other ways to pass real estate outside probate may offer more control and fewer unintended consequences than joint tenancy alone. Avoiding probate can sound simple, but giving another person present rights in the property may create more risk than the family expected. A lawyer can help you decide whether a trust or another transfer method fits the property, family and tax goals better than making that transfer now.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Is it safe to talk to another driver’s insurance adjuster?]]>https://www.awmlaw.com/?p=544142026-08-06T15:03:19Z2026-08-06T15:03:19ZProviding “unnecessary” info
Adjusters often say that they only need your side of the story. They may press you to provide your medical history, information on prior accidents or other details that may seem unnecessary. In reality, they may be looking for reasons to reduce or deny your claim.
Indiana follows the "modified comparative fault" standard. If you are 51% or more at fault for the car crash, you lose the right to receive compensation. If your fault is 50% or less, your compensation decreases by your percentage of fault. Insurance adjusters ask questions designed to get you to admit even a small bit of responsibility. Simple statements like “I didn’t see them” can reduce the value of your claim.
Accepting a quick settlement
Early offers can be tempting, especially when you are facing medical bills or missed work. But if an adjuster offers a quick settlement before you see a doctor, stay cautious. Accepting early payment releases the insurance company from all future liability.
Many injuries do not appear immediately. Once you sign a settlement release, you typically cannot continue pursuing compensation, even if you need additional treatment. Never settle before knowing the full extent of your injuries and damages.
Giving a recorded statement
An insurance adjuster may ask you to provide a recorded statement. It may sound like a reasonable request, but anything you say can be used against you. You may unintentionally provide details that contradict evidence such as police and medical reports. Insurance companies may frame inconsistencies (which are common after stressful events) as dishonesty.
If asked to provide a statement, it is best to decline. You are under no legal obligation to give a statement to the other driver's insurance company.
How to deal with adjusters
If the other driver’s insurance adjuster reaches out, the safest course of action is to remain polite but firm. You may provide basic information such as your name and contact information, but you should decline to discuss specifics. Instead, consult an experienced legal professional before speaking with insurance adjusters.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Where are the most dangerous roads in Indiana? ]]>https://www.awmlaw.com/?p=544132026-07-31T06:58:43Z2026-07-31T06:58:43ZEvery day thousands of motorists travel across Indiana highways, yet specific thoroughfares repeatedly generate devastating collisions. Rapid urbanization, heavy commercial freight and extreme commuter congestion combine to make several key routes extraordinarily hazardous for drivers.
Interstate 70 Through Indianapolis
Interstate 70 handles relentless traffic volumes as it cuts directly through central Indiana. Tight lane configurations, aggressive merging patterns and perpetual road work near the urban core cause sudden traffic slowdowns. These conditions frequently trigger catastrophic rear-end pileups and severe injuries for unsuspecting commuters.
Interstate 65 Freight Route
Spanning the state from Lake Michigan down to the Ohio River, Interstate 65 carries an immense volume of long-haul commercial trucks alongside daily commuter vehicles. Rapid fluctuations in speed near major metropolitan interchanges create unpredictable hazards, often resulting in high-impact collisions.
Interstate 80 Borman Expressway
This northern corridor features one of the highest concentrations of tractor-trailers in the entire nation. Packed lanes and massive truck blind spots leave drivers virtually no room for corrective maneuvers, which leads to life-altering crashes involving massive physical damage.
US Route 31 Intersections
Connecting northern communities directly to Indianapolis, US Route 31 merges high-speed rural travel with frequent stoplights. Sudden traffic stops at rural intersections routinely cause high-velocity broadside impacts that inflict severe bodily trauma.
Securing Full Financial Recovery
High-speed highway crashes rarely produce minor injuries; instead, victims often endure traumatic brain damage, spinal injuries and overwhelming medical costs. Indiana applies a modified comparative fault rule under state law, which completely bars financial recovery if a driver holds 51 percent or more of the blame. Insurance adjusters move quickly to minimize payouts or shift fault onto injured victims. Furthermore, state statutes set a strict two-year deadline to file injury claims. Prompt legal representation protects vital physical evidence, counters aggressive insurer tactics and secures the justice crash victims deserve.
]]>by Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[What makes truck accident cases more complex than car accidents]]>https://www.awmlaw.com/?p=544122026-07-22T10:56:25Z2026-07-22T10:56:25ZCommercial trucks create far greater damage
Commercial trucks are much larger and heavier than regular cars, which can make crashes more dangerous. This huge size difference often causes more serious crashes, severe injuries, major property damage and longer recovery times. Quick action is important because key evidence can be lost over time. Important records, electronic driving data, and other evidence should be collected as soon as possible to help preserve the facts of the crash.
Truck accidents often involve more serious injuries and losses
Truck crashes may cause severe injuries and higher costs. Common losses include:
Serious injuries: Brain injuries, spinal cord injuries and broken bones may need long-term treatment.
Long recovery: Many injuries require hospital care, rehabilitation and ongoing medical support.
Lost income: Time away from work or permanent disabilities can reduce future earnings.
An experienced attorney can help calculate both current and future losses before accepting a settlement.
Trucking companies respond differently than private drivers
Truck accident cases often move much faster than car accident claims. Trucking companies may send insurance representatives, investigators and lawyers to the crash soon after it happens to protect their interests. These cases may also involve more than one responsible party, including the trucking company, cargo loaders, maintenance providers or a truck parts manufacturer. Acting quickly helps preserve important evidence before it is lost.
Why every detail matters
Indiana's major highways carry thousands of commercial trucks every day, making serious truck crashes more complicated than they first appear. The cause is not always obvious, and important evidence can be easy to miss without a careful review. An experienced attorney can uncover key facts, identify everyone responsible and pursue the full compensation allowed under Indiana law.]]>by Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[How to recover compensation after a hit-and-run crash]]>https://www.awmlaw.com/?p=544112026-07-08T07:17:07Z2026-07-08T07:17:07ZWhere can you turn for compensation after a hit-and-run accident?
A driver who leaves the scene does not always prevent financial recovery. Indiana law may still allow compensation through one or more of these options:
Uninsured Motorist (UM) coverage: This is the main source of compensation when the at-fault driver cannot be found. It may cover medical bills, lost wages, pain and suffering and other covered losses.
Medical Payments (MedPay) coverage: This helps pay medical expenses no matter who caused the crash. It can provide quick financial support while the claim is being reviewed.
Coverage for pedestrians and bicyclists: People injured while walking or riding a bicycle may qualify for UM or MedPay benefits through their own policy or a qualifying family member's policy.
Every hit-and-run case is different. Reviewing every available source of compensation can help ensure all potential benefits are considered.
Practical steps to strengthen a hit-and-run claim
The actions taken immediately after a hit-and-run crash can protect important evidence, strengthen the claim and improve the chances of recovering fair compensation, including:
Calling the police right away: A police report creates an official record and may include witness statements or nearby camera footage.
Writing down what happened: Record details about the other vehicle, the driver and the crash while everything is still fresh.
Keeping all evidence: Take photos of the scene, vehicle damage and injuries. Save medical records, repair bills and witness contact information.
Reporting the crash to the insurance company: Prompt notice helps meet policy deadlines and keeps the claim on track.
Talking to an attorney before giving detailed statements: Legal guidance can help protect the claim and reduce the risk of an unfair settlement.
Quick action and strong evidence can improve the chances of recovering the full compensation available under Indiana law.
Protect the rightful recovery
A hit-and-run accident can leave many questions, but it does not always end the right to seek compensation. Quick action and the right legal support can make a big difference. An experienced Indiana personal injury attorney can protect the claim, handle the insurance process and work to recover the full compensation the law allows.]]>