Delventhal Law Office — Personal Injury Attorneys

NEWSELKHART COUNTYNOVEMBER 4, 2026

Update: Driver in Wakarusa OWI Crash Held Only a Learner's Permit, WSBT Reports

By Chad E. DelventhalUpdated November 5, 20263 min read

What the reports say

The 21-year-old Goshen driver charged after the Sunday, November 1, 2026, crash at Waterford Street and Indiana Avenue in Wakarusa held only a learner's permit and was on probation for marijuana possession at the time, according to WSBT 22[1]. WSBT reported that the driver admitted to driving, according to the probable cause affidavit, and was held on a $25,000 bond. Earlier jail records published by InkFreeNews[2] had listed the driver as held without bond.

The crash happened at 6:48 p.m., when a westbound 2004 Toyota Camry struck a tree while turning from Waterford Street onto Indiana Avenue, according to the reports. A 27-year-old Elkhart passenger remains in critical condition after emergency surgery for a massive head injury, according to WSBT. A second passenger was taken to Memorial Hospital in South Bend, and reports about his injuries have differed.

Street intersection scenery in Wakarusa, Indiana, providing context for the Waterford Street crash report.

The outlets describe the allegations differently. WSBT reported OWI and endangerment charges. The Goshen News[3] reported OWI causing catastrophic bodily injury. The jail booking list published by InkFreeNews lists causing serious bodily injury while impaired by a Schedule I or II substance. The formal charges have not been confirmed. Charges are allegations, and the driver is presumed innocent unless proven guilty. Elkhart County Sheriff's deputies responded, and the investigation is ongoing.

What accident victims should do next

If you or a family member is dealing with a serious head injury, keep records of every hospital stay, surgery, therapy visit, and bill. Keep the crash report number and follow the criminal case, since charging documents and test results can matter later. The firm's guide to evidence that can support an Indiana car accident claim explains why organized records matter.

Check every auto policy in the household. Underinsured motorist coverage may apply when another driver's coverage is not enough. You can also review the firm's explanation of when a vehicle is underinsured in Indiana.

Organized crash records and medical documentation relevant to an Elkhart County injury claim.

Why location matters in Indiana injury claims

This crash happened at Waterford Street and Indiana Avenue in Wakarusa, in Elkhart County, and Elkhart County Sheriff's deputies responded. A civil case is usually filed in the county where the crash happened or where a defendant lives.

Indiana's minimum liability coverage is 25/50/25 under Ind. Code 9-25-4-5, which may not cover a severe brain injury. Insurers must offer underinsured motorist coverage under Ind. Code 27-7-5-2. A business that served alcohol to a visibly intoxicated person can sometimes share responsibility under Ind. Code 7.1-5-10-15.5, but no source has said where the driver had been drinking. Whether anyone else, such as a vehicle owner, could share responsibility depends on facts the reports have not provided.

Most injury claims must be filed within two years under Ind. Code 34-11-2-4. Indiana divides fault among those involved under Ind. Code 34-51-2-6. A police report does not determine civil liability, and insurance companies may aggressively defend a serious claim. The firm's plain-language guide to Indiana's comparative fault rule provides more context.

Elkhart County government building representing the local investigation and court process after the Wakarusa crash.

How Delventhal Law Office can help

Delventhal Law Office, LLC is a personal injury law firm in Fort Wayne, Indiana, founded by attorney Chad E. Delventhal in 2009. The firm helps people across Indiana, including passengers, who are hurt because of someone else's carelessness on the road. Chad Delventhal can explain how Indiana injury claims work after an impaired-driving crash, review the available insurance policies, and identify deadlines that may apply. No outcome can be promised in any case.

If you have questions about a serious crash claim, you can 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. InkFreeNews (inkfreenews.com) ↩
  3. The Goshen News (goshennews.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.

Injured? Confused?

Call us today

(260) 484-6655
Call now260-484-6655Ask a question