ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT