QUESTION

i was a passenger in a 1 car accident on a county road goin 60 when speed limit was 55. inleft me parrilyzed chest down. in 2009

Asked on Apr 27th, 2012 on Automobile Accidents - Indiana
More details to this question:
this road is unfit for 55 mph. accidents happen here alot. i was wondering if i could get anything from it
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2 ANSWERS

Dear Mr. Owen, The answer provided by Mr. Bisnar is very accurate.  Most likely, the statute of limitations has run, and you would be barred from making a claim.  However, IF you were a minor at the time of the accident, you MAY still have time to make a claim.  In Indiana, the statute of limitations would not begin to toll until you reached the age of 18.  Therefore, you would have 2 years from your 18th birthday in which to file suit.  Having said that, I would still agree with Mr. Bisnar that the liability as it pertains to the design of the road would be difficult to prove.  However, you may have had a very strong claim against the driver of the vehicle in which you were riding, depending on your relationship to the driver.  If you would like to speak to an Indianapolis Injury attorney about your particular case, please feel free to contact me.  There is never a fee charged for such a consultation, and I would be more than happy to answer any questions you might have. Chip Clark
Answered on May 07th, 2012 at 4:27 PM

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Personal Injury Attorney serving Newport Beach, CA at Bisnar Chase Personal Injury Attorneys, LLP
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John Bisnar Your best bet is to consult a local roadway defect or unsafe roadway condition car accident attorney at your earliest opportunity.  The time within which you can make a claim has most likely past.  There may still be a claim against your uninsured/underinsured motorist policy depending upon how the underlying case against the driver of your vehicle was handled. For personal injury claims in the state of Indiana, the statute of limitations is two years in most situations.  For many states, a notice of claim is required to be filed for any lawsuit against a governmental agency.  In California (where I am) that time limit is 180 days. We have been very successful in cases against cities, counties and the State of California (CAL TRANS) in roadway defect and unsafe roadway condition cases causing or contributing to serious personal injury and/or wrongful death.  Based upon the facts you have presented, even in California, we would not pursue a case as you have described.  Why? (1)  The difference between the posted speed limit and the actual speed of your vehicle is not enough to be "negligent" in my opinion; (2) The primary factors of your accident appear to be driver error and/or malfunctioning equipment (i.e. bad tires), which have to be taken into account as the cause of your injuries; and (3) The laws in your state are much more government friendly than they are in California (in my opinion). It does appear that you had a clear claim against the driver of your vehicle and against any unused portion of your own uninsured/underinsured auto insurance policy. John Bisnar BISNAR|CHASE, Personal Injury Attorneys Trusted Professionals.  Proven Results. www.California-Lawyer-Attorney.com 800-956-0123
Answered on Apr 28th, 2012 at 12:48 PM

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