No evidence car crash caused by other driver, 7th Circuit rules

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The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.

Edmund Carman was killed when his Kia Spectra rear ended a Ford F-150 pickup truck driven by Daniel Tinkes. Carman, driving “quickly” on U.S. 20 in the early morning without his headlights on, struck the right rear corner of the truck which tore off the driver’s side of the car.

The estate claims Tinkes was violating traffic laws as he entered the left turn lane, which caused the accident. Pointing to Indiana Code 9-21-8-6 and 9-21-8-24, the estate argued Tinkes illegally passed on the right another truck which was further back in the turn lane and he made an unsafe lane change when he entered the turn lane.

However, the 7th Circuit found there was no evidence that Tinkes violated either traffic law. In Estate of Edmund M. Carman, deceased, v. Daniel B. Tinkes, et al., 13-3846, the Circuit Court affirmed the summary judgment in favor of the defendants.

“The fact that Carman was in the left lane some distance behind him, speeding toward the red light with no indication he was slowing down or about to stop, does not make Tinkes’s move from that lane a traffic violation,” Judge David Hamilton wrote. “Even if Tinkes had seen Carman coming from behind (which would have been a feat considering Carman’s lack of headlights), he could not be faulted for failing to execute the maneuver quickly enough to avoid being hit from behind.”


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.