Delventhal Law Office — Personal Injury Attorneys

NEWSPORTER COUNTYNOVEMBER 3, 2026

Fatal Crash at Indiana 49 and County Road 400 South in Porter County Leads to OWI Causing Death Charge

By Chad E. DelventhalUpdated November 3, 20264 min read

What happened in Morgan Township

Sherry Elizabeth Barnes, 66, of Valparaiso was killed in a two-vehicle crash at Indiana 49 and County Road 400 South in Morgan Township on Friday night, October 30, 2026. Porter County Sheriff's deputies were called at about 9:23 p.m., and Barnes was trapped in her vehicle when police arrived, according to the Post-Tribune report carried by Yahoo News[1].

Police said Denise Diane Mikolics, 66, of Valparaiso failed to yield the right-of-way to Barnes, who was turning north onto Indiana 49. The Post-Tribune reported that Mikolics was traveling southbound rather than northbound and told police she was driving home from a Morgan Township bar. Her blood alcohol content was reported as .135. She was taken to a hospital for toxicology and then to the Porter County Jail.

Mikolics was charged with a Level 4 felony for causing death while operating a vehicle while intoxicated, along with misdemeanor counts of OWI endangering a person and OWI. These charges are allegations. She is presumed innocent unless proven guilty, and the Porter County Sheriff's Department investigation remains ongoing.

A Porter County highway intersection representing the location and right-of-way issues involved in the Morgan Township crash.

What families can do after a fatal crash

When your family loses someone in a crash, request the investigating agency's crash report and keep the criminal case number. A criminal file may contain evidence such as toxicology results, but a charge or police report does not by itself decide civil responsibility.

Keep funeral bills, medical records, insurance correspondence, and other expense records together. You can also preserve photographs, messages, and any documents showing the financial effects of the death. The firm's guide on evidence that may support an Indiana crash claim explains why organizing records early matters.

An insurance company may ask for a recorded statement soon after the crash. You should understand who is requesting it, which policy is involved, and how the statement may be used before agreeing. This Indiana guide to recorded statements and medical releases discusses the issues to consider.

Crash-report and expense records illustrating documents families may preserve after a fatal Indiana collision.

How Indiana wrongful death and alcohol-service law may apply

Indiana's wrongful death statute, Ind. Code 34-23-1-1, allows a personal representative to bring a claim when a death is caused by another person's wrongful act. Most Indiana wrongful death and personal injury claims must be filed within two years under Ind. Code 34-23-1-1 and Ind. Code 34-11-2-4. A family's specific deadline should be reviewed promptly because the facts can affect which rules apply. More information is available in the firm's explanation of Indiana wrongful death filing deadlines.

Under Ind. Code 7.1-5-10-15.5, a business that furnished alcohol may share responsibility if it had actual knowledge that the person served was visibly intoxicated and the intoxication was a proximate cause of the injury. The bar mentioned in the report was not named, and the available reporting does not establish how much alcohol was served or who served it. Those facts would need to be investigated rather than assumed.

Indiana divides fault among those involved under Ind. Code 34-51-2-6. This means a criminal case and a civil wrongful death claim address different questions, even when they arise from the same crash. A conviction is not required before a civil claim can be evaluated.

Insurance also matters. Indiana's minimum liability coverage is 25/50/25 under Ind. Code 9-25-4-5. Underinsured motorist coverage under Ind. Code 27-7-5-2 may apply, depending on the policy, when available liability insurance is not enough to cover a loss. The policy language, covered vehicles, insured people, and written coverage selections should be reviewed carefully.

A county courthouse exterior representing the separate criminal and civil proceedings that may follow a fatal Porter County crash.

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 across Indiana who are hurt, and families who lose someone, because of another person's carelessness, including impaired driving.

Wrongful death and alcohol-service cases can be hotly contested. Insurance companies may dispute fault, the connection between alcohol and the crash, damages, or which policies apply. Delventhal Law Office can review the available evidence, explain the difference between the criminal and civil cases, and identify deadlines that may affect the claim. Families can learn more from the firm's wrongful death practice page or 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.

Sources

  1. Post-Tribune report carried by Yahoo News (yahoo.com) ↩

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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