Delventhal Law Office — Personal Injury Attorneys

NEWSELKHART COUNTYNOVEMBER 6, 2026

Trial Date Set in Fatal OWI Crash With Horse-Drawn Cart on State Road 4 Near Middlebury

By Chad E. DelventhalUpdated November 6, 20264 min read

The criminal case arising from a fatal crash between a pickup and a horse-drawn pony cart on State Road 4 in Elkhart County is set for trial on February 1, according to 95.3 MNC[1]. At a pretrial hearing on November 5, 2026, the defense attorney said the defendant, a 40-year-old New Paris man, intends to plead guilty but has questions about paperwork.

The crash happened at about 8 a.m. on Friday, February 20, 2026, on State Road 4 west of County Road 37 in the Middlebury area. A pickup struck the horse-drawn pony cart. Two children were killed, and two other children were seriously injured, according to reporting from WVPE[2] and 95.3 MNC. Out of respect for the families, this article does not include the children’s names or other identifying details.

Authorities allege that the pickup driver was driving while intoxicated. He was charged in May 2026 with multiple felonies, as reported by 95.3 MNC[3] and ABC57[4]. The Elkhart County Sheriff’s Office investigated the crash. The charges are allegations, and the defendant is presumed innocent unless proven guilty in court.

A northern Indiana state highway illustrates the road-sharing issues raised by the State Road 4 horse-drawn cart crash.

What this crash tells drivers on State Road 4

State highways in northern Indiana are shared by cars, trucks, and horse-drawn vehicles. Buggies and carts travel much more slowly than surrounding traffic and offer little protection in a crash. Drivers should watch carefully for them, especially in the morning and evening, slow down well before passing, and pass only with a clear view of oncoming traffic. Never drive after drinking or using drugs.

Horse-drawn vehicle crashes can involve different roadway, insurance, and evidence questions. The firm’s guide to horse-and-buggy accident claims explains some of those issues in plain language.

What should accident victims do next?

If you are hurt in a crash, get medical care first and keep records of your treatment, expenses, and missed work. Keep the police case number and the contact information for the prosecutor’s victim assistance office, which can provide updates about the criminal case. You can also review the practical steps in the firm’s guide on what to do after an Indiana traffic accident.

A criminal case and a civil claim are separate. The outcome of one does not decide the other. A police report can usually be obtained after the investigation, but it is not a determination of civil liability.

Organized case and expense records represent the documents injured people may need after an Elkhart County crash.

Why location matters in Indiana injury claims

This crash happened on State Road 4 west of County Road 37 in Elkhart County, and the Elkhart County Sheriff’s Office investigated. A civil case is usually filed in the county where the crash happened or where a defendant lives.

Indiana wrongful death claims are governed by Ind. Code 34-23-1-1 and, for the death of a child, Ind. Code 34-23-2-1. Most claims must be filed within two years under Ind. Code 34-11-2-4, and Ind. Code 34-11-6-1 can affect deadlines for injured minors. The firm’s wrongful death information provides additional general guidance for families.

Indiana divides fault among those involved under Ind. Code 34-51-2-6. If an injured person’s fault is greater than 50 percent, that person recovers nothing; otherwise, recovery is reduced by that person’s percentage of fault. A police report or criminal charge does not by itself settle those civil questions.

In some drunk-driving cases, a person or 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, under Ind. Code 7.1-5-10-15.5. No source has said where any alcohol came from in this case. Uninsured and underinsured motorist coverage under Ind. Code 27-7-5-2 may also matter when losses are serious.

An Indiana county courthouse represents the separate criminal and civil proceedings that may follow a fatal Elkhart 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 have been hurt, and families who have lost someone, because of another person’s carelessness on the road, including crashes involving impaired drivers.

Attorney Chad Delventhal can explain how Indiana injury and wrongful death claims work, identify deadlines that may apply, and address insurance companies that aggressively defend disputed claims. The firm offers a free case evaluation. No outcome can be promised in any case.

This post is based on public reporting, the investigation and court proceedings may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.

Sources

  1. 95.3 MNC (953mnc.com) ↩
  2. WVPE (wvpe.org) ↩
  3. 95.3 MNC (953mnc.com) ↩
  4. ABC57 (abc57.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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