Delventhal Law Office — Personal Injury Attorneys

NEWSELKHART COUNTYOCTOBER 29, 2026

Driver Arrested After OWI Crash Seriously Injures Man on US 20 Near County Road 26 in Elkhart County

By Chad E. DelventhalUpdated November 1, 20263 min read

What happened

A 56-year-old Goshen man was seriously hurt in a two-vehicle crash on eastbound US 20 near the County Road 26 underpass in Elkhart County at about 5:10 p.m. on Wednesday, October 28, 2026, according to 95.3 MNC[1]. WNDU reported[2] that the Elkhart County Sheriff's Office handled the crash.

According to 95.3 MNC, a 2014 Jeep Cherokee and a 2015 Ford Focus collided. The Focus driver lost consciousness and complained of hip pain. Both drivers were wearing seat belts.

The Jeep driver, Kathy Lunsford, 50, of South Bend, was not hurt and was arrested for operating while intoxicated causing serious bodily injury, according to 95.3 MNC. Police reported finding marijuana, paraphernalia, and a legend drug. WNDU reported that she was booked into the Elkhart County Jail. A formal charge filing has not been reported. She is presumed innocent unless proven guilty in court, and the investigation is ongoing.

Highway underpass scenery in Elkhart County relevant to the US 20 crash near County Road 26.

What accident victims should do next

If you are hurt in a crash, get medical care promptly and follow up on concerns such as loss of consciousness or hip pain. Keep treatment records, bills, and proof of missed work. You can also ask the sheriff's office for the crash report number and review this guide to obtaining an Indiana crash report.

A criminal OWI case and a civil injury claim are separate. Keep track of the criminal case number, and use care before giving a recorded statement to the other driver's insurer. This explanation of recorded statements and medical releases describes common issues you may face.

Sheriff's office exterior representing the law-enforcement investigation of the Elkhart County crash.

Why location matters in an Indiana injury claim

This crash happened on US 20 near the County Road 26 underpass in Elkhart County, and the Elkhart County Sheriff's Office responded. A civil case would usually be filed in the county where the crash happened or where a defendant lives, even when the people involved live in different counties.

Indiana requires drivers to carry at least $25,000 per person in bodily injury liability coverage under Indiana Code 9-25-4-5[3]. Underinsured motorist coverage under Indiana Code 27-7-5-2[4] may help when available liability coverage is not enough. Indiana divides fault under Indiana Code 34-51-2-6[5]: an injured person whose fault is greater than 50 percent recovers nothing, while a recovery is reduced by that person's percentage of fault when it is 50 percent or less. You can read more about Indiana's comparative-fault rule.

Most Indiana personal injury claims must be filed within two years under Indiana Code 34-11-2-4[6]. Because evidence such as camera footage and vehicle data can be lost or overwritten, timely preservation requests can matter.

Crash report and insurance records illustrating evidence and claim documentation after an Elkhart County collision.

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 northern Indiana who are hurt because of someone else's carelessness on the road, including crashes involving impaired drivers. Insurance companies may aggressively defend fault, medical causation, and the amount of a claim, so careful records and early evidence preservation matter.

Chad Delventhal can explain how Indiana injury claims work and which deadlines may apply. No outcome can be promised. The firm offers 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. 95.3 MNC (953mnc.com) ↩
  2. WNDU reported (wndu.com) ↩
  3. Indiana Code 9-25-4-5 (iga.in.gov) ↩
  4. Indiana Code 27-7-5-2 (iga.in.gov) ↩
  5. Indiana Code 34-51-2-6 (iga.in.gov) ↩
  6. Indiana Code 34-11-2-4 (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.

Injured? Confused?

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