Sweeney Julian Personal Injury Trial AttorneysFindLaw IM Template2026-11-02T15:48:58Zhttps://www.theverdict.com/feed/atom/WordPress/wp-content/uploads/sites/1100479/2018/10/cropped-site_icon-32x32.pngOn Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[Can a slip-and-fall claim succeed without witnesses in Indiana?]]>https://www.theverdict.com/?p=518902026-11-02T15:48:58Z2026-11-02T15:48:58ZSlip-and-fall accidents can happen when no one else is around. An injured person may worry that the lack of witnesses will make it harder to prove what happened or hold a property owner responsible. However, Indiana law does not require witnesses to file a slip and fall claim.
Other evidence may help show how the accident happened and whether the property owner's actions caused the injuries. The type and strength of this evidence can affect the claim.
What evidence can support a slip-and-fall claim?
Witnesses can help explain an accident, but they are not the only source of proof. An injured person may use other evidence to show that a dangerous condition caused the fall, including:
Photographs and videos: Pictures of wet floors, broken steps or poor lighting can show what made the area dangerous. Security footage may also capture the fall.
Incident reports: Reports filed with a business or property owner can show when and where the fall happened.
Medical records: These records can show the injuries, the treatment received and how the accident affected the injured person's health.
Maintenance records: Cleaning logs and inspection reports may show whether the property owner knew about the hazard or had enough time to find it.
Expert opinions: Experts may explain how a dangerous floor or other unsafe condition caused the fall.
This evidence may help support a claim even when no one saw the accident. Surveillance footage, incident reports, cleaning logs and prior complaints ccan help establish whether the property owner knew or reasonably should have known about the dangerous condition.
What must injured people prove?
Indiana law generally requires an injured person to show that the property owner had a duty to keep the property reasonably safe, failed to meet that duty and caused the injury.Indiana also follows a modified comparative fault rule. A court may reduce compensation if the injured person shares some blame. However, someone whose share of fault is greater than the combined fault of the responsible parties generally cannot recover damages.
Understanding the options for a slip and fall claim
An attorney can review photos, medical records and incident reports to assess a claim. The attorney may also request security footage, check maintenance records and send letters asking the property owner to preserve important evidence.Early legal guidance can help injured people understand their options and protect evidence before it disappears. Security footage may be overwritten quickly, so prompt action can help preserve important details.
]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[Who is at fault in an Indiana left-turn motorcycle crash?]]>https://www.theverdict.com/?p=518882026-10-29T15:54:47Z2026-10-29T15:54:47ZWhy the turning driver often starts with fault
Indiana traffic rules generally require a driver making a left turn to wait until it is safe to cross the path of oncoming traffic. If a car turns in front of a motorcycle going straight through an intersection, investigators often start by asking whether the driver failed to yield.
That does not end the issue. Drivers and insurers may argue that you were moving too fast or were hard to see. Indiana motorcycle crash data shows how frequently these collisions occur statewide, but fault in your case still depends on the facts.
Can you still recover if fault is shared?
Yes. Indiana uses a modified comparative fault rule. You may still recover damages when your share of fault stays at 50 percent or below, but the court cuts your compensation by that same percentage. If the court puts 30 percent of the fault on you, for example, you lose 30 percent of your recovery. If your fault goes over 50 percent, Indiana law bars recovery.
Insurers may argue that you were speeding, failed to brake in time or were not in the proper lane. In some motorcycle injury cases, those arguments can reduce compensation if the evidence supports them.
What evidence helps prove fault?
Strong evidence can show what the driver saw, how much time they had to react and whether the turn was safe. Helpful evidence may include:
Police reports
Witness statements
Photos of vehicle damage
Skid marks or gouge marks
Traffic or business camera footage
Electronic crash data from the other vehicle
These details can help show right of way, speed and visibility at the time of the collision.
Why the evidence you gather matters for your claim
Because Indiana’s comparative fault rule directly ties your recovery to your share of fault, the evidence you preserve in the days after the crash can significantly affect what you recover. A motorcycle accident attorney can review that evidence and help you respond to the insurer’s fault analysis before it affects your claim.]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[What must Indiana trucking companies keep in driver files?]]>https://www.theverdict.com/?p=518852026-10-18T19:58:19Z2026-10-18T19:58:19ZWhat should a trucking company's driver file contain?
Federal rules require motor carriers to keep a driver qualification file for each driver. The file must contain records such as:
Job application
Driving records
Road test records
Annual driving record review
Medical records
Variance records, when required
These records can show whether the company checked a driver's qualifications and driving history. For example, driving records may reveal past violations or other issues that needed review before the driver could operate a commercial vehicle.
Why do these records matter after a truck crash?
A trucking company's records may show what it knew about a driver before a crash. Missing or incomplete records may raise questions about whether required reviews or procedures were completed. That does not prove negligence, but it may be evidence worth examining.
Indiana law also allows state officials to inspect a carrier's books and records when enforcing federal motor carrier safety rules.
What other trucking records may matter?
Driver files are only part of the evidence that may matter after a crash. Investigators may also look at hours-of-service logs, vehicle inspection and maintenance records and drug and alcohol testing records. Drug and alcohol records have separate federal privacy and recordkeeping rules.
Keeping these records can help determine whether a trucking company or driver violated safety rules. An Indiana truck accident attorney can review the evidence and help determine what records may support a claim.]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[Tips for sharing the road with semi-trucks]]>https://www.theverdict.com/?p=518812026-10-09T19:54:14Z2026-10-09T19:44:32Z day, millions of drivers share the highway with large commercial trucks. These massive vehicles are essential to our economy, but they also present unique challenges for passenger vehicles. Understanding how to safely drive around commercial trucks can prevent accidents and save lives. The following tips can help.
Tip #1: Understand a truck's blind spots
Blind spots are a serious issue for commercial trucks. Because of the size of these vehicles, drivers are naturally dealing with larger blind spots. These "no-zones" exist on all four sides of the truck. Drivers are wise to understand where truck drivers cannot see them.The largest blind spots generally include:
Behind the trailer, extending up to 30 feet
Along the right side of the truck, spanning multiple lanes
The front, approximately 20 feet
Along the left side, though smaller than the right
It is helpful to assume that the truck driver is unaware of your presence when you are in these zones and take action to move into visible areas as quickly as safely possible.
Tip #2: Give trucks plenty of space
Large commercial vehicles require much more time and distance to stop than passenger cars. A loaded semi-truck traveling at highway speeds can need the length of two football fields to stop. Never cut off a truck after passing, and always leave extra following distance when driving behind one.
Tip #3: Pass safely and efficiently
When passing a semi-truck, commit to the maneuver and complete it promptly. Lingering next to a truck puts you in the driver's blind spot and leaves you vulnerable if the truck needs to change lanes suddenly due to road conditions or other traffic.To help better ensure safe passing, consider the following:
Accelerate to pass quickly but within speed limits
Signal before merging
Check that you have plenty of space between you and the truck before returning to the lane
These simple steps help both you and the truck driver have adequate space and visibility throughout the passing maneuver.
Safety on the road
Driving on roads with commercial trucks requires patience, awareness and respect for the challenges these drivers face. Take charge of your safety today by putting these defensive driving habits into practice every time you hit the highway. Your vigilance protects not only your life but the lives of everyone sharing the road with you. Stay alert, drive smart and reduce the risk of getting into a tragic trucking accident.]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[How nursing home neglect can cause malnutrition and injury]]>https://www.theverdict.com/?p=516972026-09-23T18:51:48Z2026-09-23T18:51:48ZWhy can malnutrition become a serious problem?
Your loved one may have difficulty eating because of health conditions, reduced appetite or physical changes. They may also need help eating or require a specific diet. Without appropriate nutritional support, ongoing problems can cause weight and muscle loss and declining health.
Severe malnutrition can cause weakness and slow the healing process, making it harder for your loved one to recover from illness or injury. Loss of strength can also leave an older adult more vulnerable to falls and other physical harm.
How can poor care contribute to malnutrition?
Malnutrition does not automatically mean a nursing home neglected your loved one. However, inadequate care can contribute when staff fail to provide needed food or drink or do not respond to your loved one's nutritional needs.
Ask whether the staff is monitoring weight, responding to eating difficulties and providing nutritional support. If you are authorized to participate in your loved one's care, ask to review the care plan and discuss whether it addresses any nutritional concerns. Under federal and Indiana law, nursing home residents have the right to participate in developing their care plan and receive the services included in it.
What signs should families watch for?
Nutritional decline can be gradual and hard to notice. During visits, watch for:
What can families do if poor care may have caused harm?
Keep a dated record of changes in weight, eating habits and physical condition. Ask the facility how staff is addressing those changes. Keep copies of relevant medical records and document any conversations with facility personnel.
When inadequate care may have contributed to malnutrition, weakness, a fall or another physical injury, a nursing home neglect attorney can review the circumstances and explain your legal options.]]>by Sweeney Julian Personal Injury Trial Attorneys<![CDATA[Property owner liability for visitor injuries in Indiana]]>https://www.theverdict.com/?p=516952026-09-11T18:42:37Z2026-09-11T18:42:37ZWhat duty do property owners owe visitors
Property owners owe different duties based on a visitor’s legal status. Business invitees receive the highest protection, so owners must take reasonable care by inspecting for hazards, making repairs and giving warnings. Indiana law generally does not require warnings for dangers a reasonable person would notice. The duty also depends on why the person entered the property.
How does visitor status affect responsibility
Indiana law places visitors into different categories. Each category affects the property owner's legal duty:
Invitees: Customers, business visitors and others who enter for a commercial purpose are generally invitees. They receive the highest level of protection.
Licensees: Social guests are generally licensees. Owners must warn them about known hazards they are unlikely to find. Owners do not have to inspect for unknown dangers.
Trespassers: Trespassers receive the least protection. Owners still cannot intentionally harm them or create hidden traps.
Child trespassers: Children may receive greater protection when an attractive nuisance, such as a pool, draws them onto the property.
A visitor's legal status helps determine the duty the property owner owes under Indiana law.
What must injured visitors prove
To support a premises liability claim, an injured visitor generally must show:
A dangerous condition existed: A hazard on the property created a risk of injury.
The owner knew or should have known: The owner knew about the hazard or should have found it.
The owner failed to act: The owner did not fix the hazard or give proper warning.
The hazard caused the injury: The unsafe condition played a direct role in causing the injury.
The visitor's fault is considered: Indiana uses a modified comparative fault rule. When an injured person shares some responsibility for an accident, the court may reduce the damages by that percentage. If the person is 51% or more at fault, however, Indiana law may bar recovery altogether.
Incident reports, photos, witness statements and medical records can help link the unsafe condition to the injury. Courts may also consider whether proper care could have prevented the accident.
Taking the next step after an injury
Indiana premises liability cases turn on the specific facts, including the type of visitor, whether the property owner knew or should have known about the dangerous condition and how fault is divided between the parties. If someone was injured on another person’s property, an attorney can help assess whether the circumstances support a claim and what damages may be available.]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[Who is liable when a pothole wrecks a bike?]]>https://www.theverdict.com/?p=516932026-08-24T08:57:59Z2026-08-24T08:57:59ZA pothole can turn a routine bike ride through South Bend into a serious crash. One deep hole in the pavement may cause you to lose control, fall into traffic or suffer injuries. If poor road conditions caused the crash, you may wonder who should pay for your medical bills, bike repairs and other losses.
Liability can depend on where the pothole appeared and who had a duty to maintain that area. Indiana law also sets rules for bringing claims against government entities, which may apply when a pothole sits on a public road.
Who may be responsible for the pothole?
Determining who controls the road can help identify the party that may bear responsibility. For example, a pothole on a city street may involve the City of South Bend. Meanwhile, a defect on another road could involve a different government agency or property owner.Several factors may affect whether you have a valid claim, including:
Where the pothole appeared and who maintained the road
Whether the responsible party knew or should have known about the pothole
Whether the pothole existed long enough for the responsible party to know about it
Whether the pothole directly contributed to your fall and injuries
Whether Indiana's rules for claims against government entities apply
Gathering photos of the pothole, road conditions and damaged bicycle can help document what happened. Legal assistance can also help you identify the responsible party and assess whether notice and other legal requirements affect your claim.
What if you share some fault?
Indiana follows a modified comparative fault rule. This means that if you are 50% or less responsible, you may still recover damages. However, your award is reduced based on your share of fault. For example, 20% fault on $20,000 in damages would reduce the potential recovery to $16,000.However, if you are more than 50% at fault, you cannot recover damages. Factors such as your speed, traffic behavior or use of safety equipment may also affect how fault gets assigned.
When a pothole changes everything
A bike crash caused by a pothole can affect far more than the ride itself. Medical treatment, missed work and a damaged bicycle can disrupt daily life, while the cause of the crash may not always be clear. In South Bend, the party responsible for a road defect can depend on where the pothole appeared and who had control over that area. Knowing how these factors connect can put the accident and its financial impact into clearer perspective.]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[Driver or company? Who is Liable in Indiana trucking accidents]]>https://www.theverdict.com/?p=516912026-08-17T10:23:10Z2026-08-17T10:23:10ZHow fault works under Indiana law
An injured person must prove that another party failed to use reasonable care and caused harm. Indiana follows a modified comparative fault rule, which means sharing partial responsibility for a crash can reduce a claimant's compensation. Anyone determined to be more than 50 percent at fault loses the right to recover damages entirely.
When the driver may be responsible
Speeding, texting, fatigue, impairment or unsafe lane changes can expose a driver to liability in a truck accident. The operator could also cause a collision by following too closely or by failing to adjust speed for rain, snow or low visibility. If the facts show negligent driving, a claim can proceed against that person.
When the trucking company may be responsible
A truck carrier may face liability for its own conduct and be held answerable for the acts of an employee acting within the scope of their job duties. Common issues include:
Hiring an unsafe operator
Failing to train or supervise staff
Pressuring workers to break hours-of-service rules
Skipping inspections or needed repairs
Violating federal motor carrier safety rules
Trucking companies often try to blame their drivers, yet their own negligence frequently occurs behind closed doors.
When other parties may also be liable
A severe collision could involve other liable parties beyond the driver and the carrier. A cargo-loading company might secure freight in an unsafe manner, a maintenance provider might fail to identify a brake defect, or a manufacturer could place a defective tire or steering component into the stream of commerce. In some cases, another motorist might also contribute to the sequence of events leading to the wreck.
Why a prompt investigation matters
Trucking cases differ from other accident claims in part because the evidence is time-sensitive and spread across multiple sources. Electronic logging data, onboard recorder data, dispatch records, inspection files and camera footage could be overwritten or discarded within days of a crash. Timely legal review can help preserve evidence and identify each responsible party.]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[When memory care security fails your family]]>https://www.theverdict.com/?p=516852026-08-10T17:10:01Z2026-08-10T17:09:34ZThe scope of the problem
Dementia affects over 121,000 Indiana residents, and many live in specialized care units. These units are supposed to be safe, secure facilities designed to reduce wandering and unsupervised exits. Without proper supervision, these incidents frequently lead to dangerous outcomes, including:
Exposure to extreme weather and hypothermia
Dehydration or lack of medication
Traffic accidents or falls in unfamiliar areas
As Indiana’s aging population grows, ensuring these facilities are secure is more critical than ever.
The legal duty of memory care facilities
Memory care units must provide a high standard of care because they serve vulnerable residents. State and federal regulations require these facilities to assess each resident’s risk of leaving and create a plan to prevent it. This can include maintaining functional alarm systems and keeping adequate staff levels to monitor exits.
Facilities must balance a resident’s rights with the need for safety. They are responsible for ensuring that freedom of movement does not become a life-threatening lack of supervision.
Red flags of inadequate security
Families should stay alert for signs that a facility is cutting corners on safety. Certain physical and operational lapses can indicate that a resident is at high risk for elopement. Families should watch for:
Alarms that are muted, broken or ignored
Visible gaps in perimeter fencing or unlocked gates
Low staffing during late-night or early-morning shifts
If a facility has a history of residents getting lost, it may suggest a systemic failure in their safety protocols.
When a facility markets itself as a secure memory care unit, it takes on a legal and moral obligation. You deserve to know that your loved one is protected behind those doors. If a care provider falls short of its legal duties to your loved one, there may be legal avenues to hold them accountable for any damages suffered as a result of that negligence.]]>On Behalf of Sweeney Julian Personal Injury Trial Attorneys<![CDATA[Can astigmatism make car accidents more likely?]]>https://www.theverdict.com/?p=516822026-07-29T15:36:16Z2026-07-29T15:36:16Zuncorrected astigmatism can lead to streaky or blurry lights, and people may see circles or halos.
These make it more difficult for them to see at night. A driver with astigmatism may see significant streaks around taillights ahead of them, headlights coming in their direction or streetlights along the side of the road.
This can often make car accidents more likely because it is harder for the driver to process the visual information outside of the vehicle. If there is a pedestrian crossing the road, for example, the driver may not see them because they are seeing streaks of light from nearby streetlights. Oncoming cars may make the driver feel like they are temporarily blinded until the vehicle passes them.
Weather conditions can make it worse
In some situations, the weather conditions a person is driving in can make astigmatism issues even more significant. For instance, if it starts raining, this can cause even greater streaking and blurring as the light passes through a wet windshield.
For a driver with astigmatism, driving at night (and especially in the rain) can be very difficult. They may feel like their range of vision is significantly limited, and they have to focus intently to see things that would stand out easily in clear, daylight driving conditions.
Seeking financial compensation
Even if you do not have these visual issues yourself, the drivers around you might. They could make significant mistakes and cause a serious car accident. Having a medical condition does not relieve them of responsibility for the crash.
If you have suffered injuries in a crash caused by another driver, having experienced legal guidance can help you consider your options for seeking financial compensation.]]>