Formal charges were filed on Friday, Nov. 13, 2026, against the driver accused of striking an Indiana State Police vehicle in an active work zone on westbound Interstate 80 in Gary in September, according to Region News Source[1].
What happened
The crash happened at about midnight on Monday, Sept. 14, 2026, near mile marker 10.1, close to the ramp from southbound I-65 to westbound I-80. Region News Source reported that a stationary, marked state police vehicle had its lights on for traffic control when an SUV struck it in the work zone.
The SUV then left the scene and stopped on a sidewalk near 25th Avenue and Jefferson Street. The Gary Fire Department took the trooper to a Methodist hospital with severe back and leg pain. Construction workers ran to the shoulder, and none were reported hurt.
Region News Source reported that the driver, Michael D. Rodriguez, 47, of Gary, is an off-duty Gary firefighter. He is accused of driving an estimated 70 to 75 mph through the work zone. A warrant blood draw showed a blood alcohol concentration of 0.256, according to the outlet.
The charges filed Nov. 13 include Level 5 resisting law enforcement by vehicle, Level 6 resisting law enforcement with a vehicle, Level 6 reckless operation in a highway worksite, Class A misdemeanor reckless operation in a worksite with workers present, and three operating-while-intoxicated counts. He was booked into the Lake County Jail. Charges are allegations, and he is presumed innocent unless proven guilty.
FOX 32 Chicago reported on the original crash[2] in September.
What should accident victims do next?
Work zone crashes can injure drivers, passengers, road workers, and first responders. If you are hurt, get medical care and keep every record and bill. Ask the investigating agency for the crash report number. An Indiana crash report can usually be obtained after the investigation, but the report itself does not determine civil liability. This guide to obtaining an Indiana crash report explains the basic records process.
If you were working when hurt, report the injury to your employer right away. Workers’ compensation and a separate claim against an at-fault driver can sometimes apply to the same event. The firm’s guide to a work-related vehicle crash explains how those two systems may fit together.
Keep track of criminal case dates, but do not assume the criminal proceeding protects a civil claim. A criminal case does not replace a civil claim, and civil deadlines keep running. You should also preserve photographs, medical records, insurance correspondence, and any available video. The firm’s Indiana crash evidence guide discusses records that may matter when fault or injuries are disputed.
Why location matters in an Indiana injury claim
This crash happened on an interstate in Gary. A civil case would generally be filed in Lake County, and the Indiana State Police investigation would be important evidence. Work zones are set up and controlled by government agencies and contractors. If a claim involved how a state work zone was set up, the Indiana Tort Claims Act requires written notice to the state within 270 days under IC 34-13-3-6[3]. Nothing reported about this crash points to a work zone setup problem.
Most Indiana injury claims must be filed within two years under IC 34-11-2-4[4]. For a crash on Sept. 14, 2026, that period generally runs to September 2028. Indiana’s modified comparative fault rule, IC 34-51-2-6[5], divides responsibility among the people involved. An injured person whose fault is greater than 50 percent recovers nothing; otherwise, recovery is reduced by that person’s percentage of fault.
Where a driver was drinking at a business before a crash, Indiana’s dram shop law, IC 7.1-5-10-15.5, can sometimes apply. Nothing reported here says alcohol was served by a business.
How Delventhal Law Office can help
Delventhal Law Office, LLC is a personal injury law firm founded by attorney Chad E. Delventhal in 2009. The firm helps people across Indiana who have been hurt because of someone else’s carelessness on the road, including in work zones. A drunk-driving accident attorney can explain how a civil claim relates to a pending criminal case and help identify the deadlines that apply.
Insurance companies may aggressively defend fault, causation, and the extent of an injury. Delventhal Law Office can review the available reports, medical records, insurance policies, and filing deadlines. The firm offers a free case evaluation, but no lawyer can promise a particular outcome.
This post is based on public reporting, the investigation and criminal case may remain ongoing, and nothing here is legal advice or creates an attorney-client relationship.
