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Recent Jury Verdict Underscores the Need for Thorough Groundwork

Steve Wagner

A grand jury has decided not to bring charges against a person involved in a recent pedestrian accident. The accident, which occurred in April 2012, left a three-year-old boy, a five-year-old girl and a seventeen-year-old teenager dead. The accident occurred when the accused rammed a van into the shopping cart. The accused admitted that he was texting when driving, and that a glare from the sun made it hard for him to see right before the crash.

The six-member grand jury considered eyewitness testimony, investigator reports and other evidence related to the crash. It also considered Indiana’s legal history of fatal traffic collisions, and deliberated for several hours before reaching a verdict. It said that while the accused was “grossly negligent in his actions, his conduct did not amount to recklessness under Indiana law”. The jury reached the verdict considering that “negligent homicide” or “Vehicular homicide” is not a crime under Indiana statutes.

The acquittal ironically comes during April, otherwise known as the National Highway Traffic Safety Administration‘s Distracted Driving Awareness Month, meant to highlight the dangers of mobile phone use when driving. This incident also highlights the risks of fighting a personal injury or wrongful death case without an experienced Indiana car accident attorney. The accused, even when clearly in the wrong, has escaped punishment owing to technicalities.

Our team of experienced Indiana car accident attorneys at Wagner Reese can investigate cases at a deeper level, over and above police investigations. Our efforts are aimed forming a strong and compelling case that will convince a jury of the crime committed, leaving no loopholes for the defendant to exploit and escape on technicalities. If you or your loved ones have been a victim of a motor vehicle accident where the accused was texting or using their cell phones, contact us at (888) 204-8440 for a free evaluation of your case.

In such cases, even with the accused acquitted from charges of recklessness, the victims can still file a negligence lawsuit against the victim, and seek punitive damages. We do not charge any fees in advance, so payments are made only after settlements or or damages have been received.


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