A Whiteland man has been charged with a felony in connection with a hit-and-run crash on State Road 135 North in Brown County that left a woman riding a scooter with a traumatic brain injury, according to WBIW's September 30 report[1]. The investigation is ongoing, and the report describes court documents and statements from prosecutors.
What happened
According to WBIW, the crash happened shortly after 12:15 a.m. on Sunday, May 31, 2026, in the 5000 block of State Road 135 North, about 10 miles southeast of Nashville. Prosecutors say a 2013 Buick Regal struck an Ohio woman who was riding a scooter and then left the scene.
WBIW reports that the woman suffered a traumatic brain injury and severe intracranial bleeding and was taken to a regional trauma center. The outlet describes her injuries as including multiple long-term debilitating physical injuries. Information about documenting a serious head injury is available in the firm's guide to brain injury claims.
The charge and investigation
WBIW reports that investigators identified the driver through debris analysis and forensic examination. Austin Jacob Garbarek, 28, of Whiteland, is charged with leaving the scene of an accident resulting in catastrophic injury, a Level 4 felony. The charge was filed on September 17 in Brown Circuit Court.
According to court documents described by WBIW, witnesses said Garbarek had attended a drag racing event and drank about 10 shots of whiskey and seven beers during the day before driving. WBIW did not report an operating while intoxicated charge.
WBIW reports that Garbarek was booked into the Brown County Jail and is scheduled to appear in Brown Circuit Court on October 6, 2026, at 8:30 a.m. A criminal charge is an allegation, and he is presumed innocent unless proven guilty. The Daily Journal also reported on the charge[2].
What accident victims should do next
A hit-and-run leaves an injured person without the usual information exchange at the scene. Even when a driver is identified later, you should preserve the records that may help explain what happened and which insurance applies. The firm's hit-and-run accident guide discusses evidence, reports, and insurance issues.
Get medical care and keep every record. A brain injury can affect memory, mood, and work for a long time, and the full picture often develops over months. Follow-up visits, therapy notes, and work restrictions can document that history.
Report the crash and request the report. Ask the investigating agency for the crash report number and follow the criminal case. Court records and restitution proceedings may help confirm who the driver was and what insurance, if any, applies.
Notify your own insurer promptly. Uninsured motorist coverage can apply when a hit-and-run driver is unknown, and underinsured coverage can apply when an identified driver carries too little insurance. Policies often have notice and reporting requirements.
Be careful with recorded statements. An insurer for the driver may contact you. Before responding, you can review the firm's explanation of recorded statements after an Indiana crash.
Why location matters in an Indiana injury claim
This crash happened on State Road 135 North in rural Brown County. WBIW describes a multi-agency investigation but does not name a lead agency, and the criminal case is in Brown Circuit Court. A civil injury action in Indiana is usually filed in the county where the crash happened or where a defendant lives, so Brown County is a likely venue even though the injured woman lives in Ohio.
The general deadline to file an injury lawsuit in Indiana is two years from the date of the crash under Ind. Code 34-11-2-4. A pending criminal case does not pause that deadline.
Uninsured and underinsured motorist coverage under Ind. Code 27-7-5-2 may be an important source of recovery after a hit-and-run involving a serious injury. Indiana's minimum liability limits under Ind. Code 9-25-4-5 are 25,000 dollars per person and 50,000 dollars per accident, which may be far less than the cost of a brain injury.
WBIW reports that witnesses described drinking at a drag racing event. Indiana's dram shop statute, Ind. Code 7.1-5-10-15.5, can make a person who furnished alcohol responsible in limited circumstances, including when that person had actual knowledge that the person served was visibly intoxicated and the intoxication was a proximate cause of the injury. Whether the statute could apply here depends on facts the reporting does not describe.
Indiana uses modified comparative fault under Ind. Code 34-51-2-6. An injured person's recovery is reduced by that person's share of fault and barred if the share is greater than 50 percent. Nothing in the reporting assigns any fault to the woman on the scooter.
How Delventhal Law Office can help
Delventhal Law Office represents people seriously hurt in Indiana crashes, including hit-and-run collisions and crashes involving scooters and motorcycles. Attorney Chad Delventhal can help obtain the crash report, track the criminal case, identify insurance policies that may apply, and explain the deadlines. The office is based in Fort Wayne and serves clients throughout Indiana.
If you were hurt by someone else's carelessness on an Indiana road, you can request a free case evaluation. No outcome can be promised in any case.
This post is based on public reporting, the investigation may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.
