Delventhal Law Office — Personal Injury Attorneys

NEWSDEKALB COUNTYSEPTEMBER 2, 2026

Off Road Vehicle Death on Private Property Near County Road 52 in DeKalb County

By Chad E. DelventhalUpdated September 2, 20265 min read

What happened near County Road 52

Indiana Conservation Officers received a 911 call at 6:38 p.m. on Monday, August 31, 2026, reporting an off road vehicle accident with injury on private property near the 5400 block of County Road 52 near Auburn in DeKalb County.

According to WISH-TV's report[1], which cited an Indiana Department of Natural Resources release, a boy was operating an off road minibike when he attempted to avoid a collision with a go kart and was ejected. The minibike continued sliding, struck the go kart, and then struck him. He was wearing a helmet. Despite life saving efforts, he died at the scene.

WRTV reported the same account[2], and The Journal Gazette also covered the incident[3].

Indiana Conservation Officers are leading the investigation. They were assisted by the DeKalb County Sheriff's Department, Jackson Township Fire Department, Parkview EMS, Indiana State Police, and the county coroner. The investigation is ongoing. No published source identifies the go kart operator, the landowner, or any at fault party.

Out of respect for the family, this article does not identify the person who died or include identifying details. The information below explains general considerations for Indiana families after an off road vehicle incident.

Private property in DeKalb County representing the setting of the reported off road vehicle incident near County Road 52.

What accident victims should do next

Private property does not necessarily mean there are no rules or no possible claim. What matters is how the incident happened, who controlled the vehicles and property, and what the available evidence shows.

If your family is affected by an off road vehicle incident, do not move, repair, or discard the vehicles before they can be examined. Mechanical condition, tire state, brake function, throttle behavior, and prior repairs may become important. Photograph the terrain, sight lines, surface, and vehicle positions before anything changes. More guidance is available in this explanation of evidence that can help establish an Indiana injury claim.

Confirm which agency holds the investigative file. Indiana Conservation Officers within the Department of Natural Resources frequently investigate off road vehicle incidents. Their records process is separate from that of a sheriff's department or municipal police department. The general process for requesting records is discussed in the firm's guide to obtaining an Indiana crash report. A police report does not determine civil liability.

Ask about every vehicle involved, not only the machine your family member was riding. The conduct of both operators may be relevant when two machines are moving. You should also document whether the riding was organized, supervised, permitted, or informal.

Be careful when speaking with a homeowner's insurance adjuster. A policy may contain exclusions for motorized vehicles, but whether a particular exclusion applies depends on the policy language and facts. Insurance companies may aggressively defend disputed claims, so avoid guessing or accepting an immediate coverage conclusion without reviewing the policy.

Public-records paperwork representing the Indiana Conservation Officers' ongoing investigation into the DeKalb County off road vehicle incident.

Why location matters in an Indiana injury claim

The incident occurred on private property near the 5400 block of County Road 52 in DeKalb County, so a civil case would ordinarily be venued in DeKalb County. Indiana Conservation Officers are the lead agency, and the DeKalb County Coroner responded. A coroner's file is separate from a crash report, and both may be relevant in a death case.

Indiana applies modified comparative fault under IC 34-51-2-6[4]. A claimant's recovery is reduced by that claimant's percentage of fault and barred if the share exceeds 50 percent. Fault can be hotly contested in off road vehicle cases, which makes physical evidence and the accounts of those present especially important. The firm's guide to Indiana's comparative fault rule provides additional general context.

The general deadline for an Indiana personal injury lawsuit is two years from the injury under IC 34-11-2-4[5]. For a person under a legal disability, including a minor, IC 34-11-6-1[6] may toll the limitations period until the disability is removed. That rule does not extend every deadline, and it does not apply to a wrongful death action.

When a child has died, IC 34-23-2-1[7] governs the action for the death of a child and addresses who may bring it and what may be recovered. It differs from the adult wrongful death statutes, IC 34-23-1-1[8] and IC 34-23-1-2[9].

If a governmental entity were implicated in an incident, the Indiana Tort Claims Act could require notice within 180 days for a political subdivision under IC 34-13-3-8[10] or within 270 days for the State under IC 34-13-3-6[11]. Nothing in the published reporting suggests that a governmental entity is implicated here.

DeKalb County courthouse in Auburn, relevant to potential legal proceedings arising from an incident on private property near County Road 52.

How Delventhal Law Office can help

Delventhal Law Office, LLC is a Fort Wayne personal injury law firm founded by attorney Chad E. Delventhal in 2009. The firm represents people hurt by someone else's carelessness on Indiana roads and property.

If your family has been affected by an off road vehicle incident in DeKalb County or elsewhere in Indiana, Delventhal Law Office can identify the agency holding the investigative file, seek preservation and inspection of the vehicles, and evaluate whether another operator, a landowner, or a product defect may have contributed. The firm can also review homeowner's and other potential insurance coverage. You can request a free case evaluation or read more about working with an experienced personal injury attorney.

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. WISH-TV's report (wishtv.com)
  2. WRTV reported the same account (wrtv.com)
  3. The Journal Gazette also covered the incident (journalgazette.net)
  4. IC 34-51-2-6 (iga.in.gov)
  5. IC 34-11-2-4 (iga.in.gov)
  6. IC 34-11-6-1 (iga.in.gov)
  7. IC 34-23-2-1 (iga.in.gov)
  8. IC 34-23-1-1 (iga.in.gov)
  9. IC 34-23-1-2 (iga.in.gov)
  10. IC 34-13-3-8 (iga.in.gov)
  11. IC 34-13-3-6 (iga.in.gov)

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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