Delventhal Law Office — Personal Injury Attorneys

NEWSELKHART COUNTYSEPTEMBER 11, 2026

What a Passing Crash Near County Road 42 Tells Drivers on U.S. 33 in Goshen

By Chad E. DelventhalUpdated September 12, 20265 min read

A driver was trapped in his vehicle and injured after a single vehicle crash near U.S. Highway 33 and County Road 42 in Goshen shortly after 1 p.m. on Wednesday, September 9, 2026, according to WSBT 22[1].

The preliminary investigation indicates that the southbound driver attempted to pass four to six vehicles at a high rate of speed. As he approached a curve, a semi forced him to merge back into the southbound lane. He then lost control, left the roadway, and struck a fence at a home along U.S. 33.

WSBT 22 reported that responders extricated the trapped driver. He was taken to a hospital with injuries to his arms, legs, and head. The reporting did not name him. No source has assigned fault to the semi, and no citation has been reported.

WSBT 22 was the only outlet identified in the available reporting. The investigation was described as preliminary and ongoing. This article addresses road safety and does not suggest that anyone has a claim.

A two lane highway curve illustrates the sight-distance concerns involved in passing on roads like U.S. 33 in Elkhart County.

What accident victims should do next

This crash illustrates how quickly an attempted pass on a two lane highway can become dangerous. Passing several vehicles requires more distance than passing one vehicle. A curve can reduce the clear sight distance a driver needs to complete the maneuver safely.

A marked passing zone does not guarantee that every pass is safe. Before moving out of the lane, you need enough clear roadway to pass and enough room to return safely. If there is no safe place to abandon the maneuver and drop back, the pass should not begin.

You should also account for vehicles that may slow or turn near driveways and field entrances. On roads like U.S. 33, changing traffic conditions can quickly reduce the space available for a pass.

If you witness a crash, what you saw may help investigators reconstruct the sequence before impact. Preserve your notes and contact information while the details are fresh. The firm’s guide to evidence after an Indiana car accident explains why witness information, photographs, and other records can matter. You can also learn how to obtain an Indiana crash report after it becomes available.

Generic crash records and witness notes represent evidence that may matter after an Elkhart County run-off-road crash.

Why location matters in Indiana injury claims

This crash happened on U.S. 33 near County Road 42 in Goshen, Elkhart County. The available reporting did not identify the responding agency. A civil case arising from an Indiana crash is ordinarily filed in the county where the crash occurred. Insurance documents should identify the correct Elkhart County because communities named Elkhart also exist in Kansas and Texas.

Most Indiana personal injury claims must be filed within two years of the injury under Indiana Code 34-11-2-4[2]. For a September 9, 2026 crash, that deadline would generally fall on or about September 9, 2028. Exceptions can change the calculation, so you should not wait to review a deadline.

Indiana’s comparative fault rule is also important. Under Indiana Code 34-51-2-6[3], an injured person whose fault is greater than 50 percent recovers nothing. If that person’s fault is 50 percent or less, any recovery is reduced by the assigned percentage. An insurer’s initial view of fault is not necessarily final, as explained in this guide to Indiana’s comparative fault rule.

A driver hurt in a single vehicle crash may have medical payments coverage under the driver’s own policy, depending on its terms. Uninsured and underinsured motorist coverage is different. Indiana insurers must offer UM/UIM coverage under Indiana Code 27-7-5-2[4], and it may apply when another responsible driver has no insurance or insufficient insurance. Indiana’s minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage, under Indiana Code 9-25-4-5[5].

The reported impact with a fence may also create a property-damage claim for the homeowner, ordinarily handled through the driver’s liability coverage. The policy terms and evidence would control that evaluation.

No government entity has been reported as involved. When a city, county, town, or another political subdivision is a potential defendant, written notice is generally required within 180 days under Indiana Code 34-13-3-8[6]. A claim against the State generally requires notice within 270 days under Indiana Code 34-13-3-6[7]. More information is available in the firm’s guide to Indiana government tort claim notices.

Elkhart County courthouse exterior, representing the local court system relevant to crashes occurring near Goshen, Indiana.

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 serves communities across northern Indiana.

Chad Delventhal can obtain available crash records, review reconstruction evidence, explain how Indiana’s comparative fault rule may apply, and identify potentially available insurance coverage. Insurance companies may aggressively defend fault and coverage questions, especially when the reported facts remain preliminary or hotly contested.

If you need a clear review of your circumstances, you can consult a Fort Wayne car accident attorney or 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. WSBT 22 (wsbt.com)
  2. Indiana Code 34-11-2-4 (iga.in.gov)
  3. Indiana Code 34-51-2-6 (iga.in.gov)
  4. Indiana Code 27-7-5-2 (iga.in.gov)
  5. Indiana Code 9-25-4-5 (iga.in.gov)
  6. Indiana Code 34-13-3-8 (iga.in.gov)
  7. Indiana Code 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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