After a car accident, most people immediately assume one driver must be at fault. In many cases, that’s true. However, not every crash is caused by driver error.
In fact, research consistently shows that human driver error contributes to the majority of crashes. But that still leaves a percentage of accidents caused by other factors, things beyond the driver’s control.
So, if it wasn’t another driver, who could be responsible?
The answer may surprise you.
Sometimes, a car accident is caused or made worse by unsafe road conditions. In these situations, a government entity responsible for designing, building, or maintaining the roadway may be held liable.
These cases often fall under premises liability involving public property or government negligence claims, which have specific legal rules and deadlines in Indiana.
Examples of dangerous road conditions may include:
• Poor or missing signage
• Inadequate lighting at intersections
• Faded or unclear lane markings
• Obstructed views at intersections
• Poorly designed merge lanes or exits
• Lack of guardrails on sharp curves or elevated roads
• Dangerous construction zones without proper warnings
• Standing water, poor drainage, or black ice conditions
• Potholes or hazardous road debris left unrepaired
Even a careful driver can lose control or make a reasonable mistake when the roadway itself is unsafe.
“Not every crash comes down to driver behavior,” says attorney Caleb Fleschner. “We’ve seen cases where the road design, lack of maintenance, or missing warnings played a major role in causing serious injuries. In those situations, accountability may extend beyond the drivers involved.”
If you believe a dangerous road condition contributed to your crash, it is important to speak with an attorney quickly.
Claims involving government entities often have shorter notice deadlines than standard injury cases.
Some accidents are caused by defective vehicles or auto parts rather than driver error. These cases fall under product liability law, which holds manufacturers, designers, and sometimes distributors responsible for unsafe products.
If a driver is operating a vehicle normally and following traffic laws, but a mechanical failure occurs, the manufacturer may be liable.
Common defective components include:
• Airbags that fail to deploy or deploy improperly
• Faulty ignition systems
• Defective steering components
• Brake system failures
• Accelerator malfunctions
• Tire blowouts due to manufacturing defects
• Seatbelt failures or improper restraint systems
• Electrical system failures that affect vehicle control
In some cases, recalls may exist for a vehicle or part involved in a crash. However, even if no recall has been issued, a defect may still be present and legally actionable.
While Indiana is not a no-fault insurance state, there are situations where fault is not placed solely on a driver. These include:
• Defective roadway design or maintenance
• Vehicle or parts defects
• Sudden medical emergencies (in limited circumstances)
• Acts of nature combined with unsafe infrastructure (such as flooding due to poor drainage)
Each case depends heavily on the facts and requires a detailed investigation.
Cases involving non-driver fault often require technical evidence that can disappear quickly, such as:
• Black box (event data recorder) information
• Surveillance or traffic camera footage
• Witness statements
• Road maintenance records
• Vehicle inspection reports
• Accident reconstruction analysis
The sooner these are preserved, the stronger the case may be.
When someone is injured in a car accident, the goal is to identify what truly caused the crash, not just what appears obvious at first glance.
That may mean holding:
• Another driver accountable
• A government entity responsible for unsafe road conditions
• A manufacturer responsible for a defective vehicle or part
Each of these parties has a legal duty to act reasonably and prevent harm.
After a serious crash, insurance companies may try to focus only on driver fault and overlook other contributing causes. But a thorough investigation can reveal additional responsible parties and potentially increase the value of a claim.
At Fleschner, Stark, Tanoos & Newlin, our attorneys investigate every angle of a crash to determine exactly what happened and who should be held responsible. We handle complex cases involving dangerous roads, defective vehicles, and catastrophic injuries throughout Indiana and Illinois.
If you or a loved one has been injured in a car accident, contact our office today for a free consultation. We are available 24/7, and there is no obligation to get started.
Fleschner, Stark, Tanoos & Newlin
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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