Delventhal Law Office — Personal Injury Attorneys

NEWSDEKALB COUNTYAUGUST 27, 2026

Hydroplaning Crash at County Road 12 and County Road 39 in DeKalb County Injures Oncoming Driver

By Chad E. DelventhalUpdated August 27, 20264 min read

What happened

One person was injured in a two-vehicle crash near County Road 12 and County Road 39 in rural Smithfield Township at around 5:30 p.m. on Wednesday, August 26, 2026.

WPTA 21Alive reported[1] that a preliminary investigation by the DeKalb County Sheriff's Office indicates a truck traveling south on County Road 39 hydroplaned, crossed the center line, and struck an SUV traveling north. The SUV driver was transported to a local hospital with leg and chest injuries.

No names, ages, or citations were released. WPTA 21Alive had declared a First Alert Weather Day for storms that afternoon. The Sheriff's Office investigation remains ongoing, and no fault finding has been made.

Wet pavement and roadside drainage on a rural DeKalb County road, illustrating conditions relevant to a hydroplaning investigation.

What accident victims should do next

Rain does not automatically excuse a driver from responsibility. A careful investigation should examine speed, standing water, pavement condition, drainage, road geometry, sight distance, vehicle positions, and other available evidence before anyone reaches a conclusion about fault.

If you can do so safely, preserve photographs of the road before conditions change. Standing water, rutting, pavement edges, and drainage conditions may look different after the weather clears. Additional guidance is available in the firm's article about evidence that may help prove an Indiana car accident claim.

You can also request the DeKalb County Sheriff's Office crash report after it becomes available. A crash report can record the drivers, vehicles, citations, and the investigating deputies' observations, but it does not determine civil liability. The firm's guide explains how to obtain an Indiana police crash report.

It is also important to determine whether the truck was being operated for a business. If it was, employer records, maintenance material, driver qualification files, or electronic information may require prompt preservation. An experienced commercial vehicle accident attorney can review which records may exist without assuming that a company is responsible.

Follow through on recommended medical care and keep accurate records of your leg and chest injuries. Before giving a recorded statement to another driver's insurer, understand what is being requested and how the statement may be used. Insurance companies may aggressively defend disputed claims, and the firm's guide addresses recorded statements and medical releases.

Generic Indiana crash-report documents representing the DeKalb County Sheriff's Office investigation into the County Road 39 collision.

Why location matters in an Indiana injury claim

County Road 12 and County Road 39 are rural, county-maintained two-lane roads in Smithfield Township, DeKalb County. The location may matter when investigators evaluate the road surface, drainage, sight distance, and the positions of the vehicles.

Nothing reported about this crash establishes a drainage or roadway defect. If evidence later shows that a county-controlled road condition contributed, however, the Indiana Tort Claims Act may require written notice to the political subdivision within 180 days under Ind. Code § 34-13-3-8. Notice to the State is generally required within 270 days under Ind. Code § 34-13-3-6. These notice rules are separate from the general two-year deadline for most Indiana personal injury claims under Ind. Code § 34-11-2-4.

Indiana's Comparative Fault Act, Ind. Code § 34-51-2-6, generally bars recovery when an injured person is more than 50 percent at fault. Otherwise, recovery is reduced by that person's percentage of fault. A center-line crash requires a careful review of the evidence, and the preliminary report alone does not decide civil responsibility.

Insurance coverage should be reviewed early. Indiana's minimum auto liability limits are $25,000 per person and $50,000 per accident for bodily injury under Ind. Code § 9-25-4-5. Indiana insurers must offer uninsured and underinsured motorist coverage under Ind. Code § 27-7-5-2, and whether that coverage applies depends on the policy and the facts.

County courthouse setting in DeKalb County, relevant to legal and filing issues after the Smithfield Township crash.

How Delventhal Law Office can help

Wet-weather crashes can become hotly contested. Delventhal Law Office can obtain the crash report, investigate changing road conditions, determine whether the truck was operated for a business, evaluate any possible government notice issue, and identify potentially applicable liability and underinsured motorist coverage.

Attorney Chad E. Delventhal founded Delventhal Law Office, LLC in Fort Wayne in 2009. The firm represents injured drivers and passengers throughout northeast Indiana, including DeKalb County. If you were hurt because of another driver's carelessness, you can request a free case evaluation.

This post is based on public reporting, the investigation may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.

Sources

  1. WPTA 21Alive reported (21alivenews.com)

Working with Delventhal Law

Common questions

How fees work, deadlines that matter, and what to expect when you call.

  1. How much does it cost to hire Delventhal Law Office?

    There is no up-front cost. Personal-injury cases are handled on a contingency-fee basis: you pay nothing unless we recover compensation for you. The initial consultation is free and carries no obligation. Call (260) 484-6655 to talk through your situation.

  2. How long do I have to file a personal injury claim in Indiana?

    Indiana generally gives you two years from the date of injury to file a personal-injury lawsuit (Indiana Code § 34-11-2-4). Shorter deadlines can apply when a government entity is involved or in some workers' compensation matters. The sooner you call, the more options you have.

  3. What if I'm partly at fault for the accident?

    Indiana follows a modified comparative-fault rule (Indiana Code § 34-51-2-6). You can still recover compensation as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. Even if you think you share blame, call us — the insurance company's first assignment of fault is often wrong.

  4. Do I have to come into the office to meet with you?

    No. We meet clients by phone, video call, at their home, or at the hospital. The Delventhal Law Office is in downtown Fort Wayne, but most of our clients live across Indiana and we come to you when that's easier.

  5. How quickly should I call after an accident?

    As soon as you can. Evidence disappears fast — skid marks fade, surveillance video is overwritten, witnesses move on. Insurance adjusters also start calling within days. Talking to us before you give a recorded statement protects your claim.

  6. What kinds of cases does Delventhal Law handle?

    We represent injured plaintiffs in car, truck, motorcycle, bicycle, and pedestrian accidents; workers' compensation and on-the-job injuries; wrongful death; slip-and-fall and premises liability; birth injuries; burn injuries; and other personal-injury claims across Indiana.

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