What was reported
One driver was killed in a crash in Hammond, Lake County, involving an off-duty Hammond police officer, according to ABC7 Chicago[1] and NBC Chicago[2]. ABC7 Chicago reported that the crash happened Friday night, October 16, at 165th Street and Columbia Avenue. NBC Chicago reported that the location had not been released, so that conflict remains unresolved.
At the police chief's direction, the Hammond Police Department asked the Indiana State Police to investigate. The officer was placed on administrative leave pending the investigation's outcome.
The names of the people involved, the vehicles, and the circumstances have not been released. It also has not been reported whether the officer was driving a city vehicle. The cause and fault remain undetermined, and this article does not suggest that any person is responsible.
What families can do next
If your family loses someone in a crash, you may face several decisions at once. You can request the crash report from the investigating agency, which in this matter is the Indiana State Police, and keep copies of medical, funeral, and insurance records. A police report can usually be obtained after the investigation, but it does not determine civil liability. This guide explains how to obtain an Indiana crash report.
If you were injured in a crash, seek medical care and keep treatment records, bills, and proof of missed work. Be careful about giving a recorded statement before you understand your options. You can read more about insurance requests for recorded statements and medical releases.
Why government involvement may matter
Whether the off-duty officer was acting within the scope of employment, and whether a government vehicle was involved, have not been reported. Those facts can affect which legal rules and deadlines apply.
If a city or another political subdivision is a potential defendant, Indiana's Tort Claims Act may require written notice within 180 days under Ind. Code 34-13-3-8. A claim against the State requires notice within 270 days under Indiana Code 34-13-3-6[3]. You can review a plain-language guide to an Indiana government tort claim notice. Government claims are governed by different fault rules, so early review can matter.
Indiana wrongful death and fault rules
Indiana's wrongful death statutes, Ind. Code 34-23-1-1 and related provisions, govern who may bring a claim and which damages may be available. Most Indiana personal injury and wrongful death claims must be filed within two years under Ind. Code 34-11-2-4. The specific wrongful death statute and proper filing party depend on the facts.
Under Indiana's modified comparative fault rule, Ind. Code 34-51-2-6, an injured person whose fault is greater than 50 percent recovers nothing. Otherwise, recovery is reduced by that person's percentage of fault. These rules do not establish fault in this crash, which remains under investigation. More context is available in the firm's guide to Indiana's 51 percent fault rule.
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 helps people across Indiana who are hurt, and families who have lost someone, because of another person's carelessness on the road. Chad Delventhal can explain injury and wrongful death claims, including the shorter notice rules that may apply when a government entity is involved. Insurance companies and government defendants may aggressively defend these claims, and no result can be promised.
If you want to discuss your options, you can request a free case evaluation or review information from a Fort Wayne wrongful death 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.
