In 2023, over 40,000 people lost their lives in motor vehicle crashes across the United States, based on data from the National Highway Traffic Safety Administration (NHTSA). Indiana alone reported more than 900 traffic fatalities, a staggering number that reflects the ongoing danger present on our roads. Each of these fatalities represents a family thrown into sudden grief, confusion, and often financial hardship. When a loved one dies unexpectedly in a car accident, survivors are often left unsure of their legal rights or what steps to take next. Understanding what to do if someone dies in a car accident is essential—not just to find closure but to protect the well-being and future of those left behind. At Blackburn Romey, we support Indiana families during these heartbreaking situations by providing knowledgeable legal guidance, tailored representation, and the compassion they deserve when it matters most.
After a fatal accident, the priority becomes safety and gathering facts. If you’re at the scene, call emergency services and stay as calm as possible. Don’t move the vehicles unless there’s an immediate danger. First responders will arrive to secure the area and create a report. Be sure to collect contact details, take photos, and request a copy of the police report. For local protocols, refer to the Indiana BMV’s accident guide.
If you hear about the accident after it’s happened, request access to all official documents—accident reports, witness statements, and autopsy records. You’re going to be overwhelmed, so appoint a level-headed relative to keep track of early paperwork and expenses. Save everything.
You’ll need to notify the deceased’s insurer within a few days. They’ll ask for things like a death certificate, accident report, and proof of your relationship to the deceased. This process can feel cold, especially during grief, but staying organized makes a huge difference.
Sometimes, insurers ask for recorded statements. You don’t need to provide one right away. It’s a smart move to talk to an attorney first—especially before sharing anything about fault or financial details and handling probate filings, estate matters, and insurance documents all at once. That’s where legal guidance can take the weight off your shoulders.
Contact a Truck Accident Lawyer Near You
Responsibility in a fatal crash doesn’t always fall on just one person. Often, it’s the driver—but what if they were working for a company at the time? Employers may be liable, too. If a blown tire or brake failure caused the crash, the vehicle maker or maintenance crew could be on the hook.
This isn’t a one-size-fits-all answer. Getting to the truth takes digging into phone records, work logs, dashcam footage, and service histories. The goal? Pinpoint everyone who contributed and hold them accountable.
To win a case like this, we have to prove someone was negligent—and that negligence caused the death. In Indiana, this involves establishing four key elements:
Think about this: if a driver runs a red light while texting and crashes into another vehicle, killing someone inside, it’s not just a mistake—it’s legally considered negligence. And it’s our job to prove that with everything we’ve got. We don’t just rely on the basics—we dig deep. We track down surveillance footage, bring in crash reconstruction experts, and interview every credible witness. The legal standards are strict, and juries don’t take claims lightly. That’s why we build ases backed by real evidence and relentless advocacy. It’s about ensuring your family gets justice—and the responsible party is held accountable.
In Indiana, only the personal representative of a adult’s estate can file a wrongful death claim. This person—often a spouse, parent, or adult child—must be officially appointed by the probate court. They’ll file the claim on behalf of surviving relatives.
When the victim is a minor, parents can file directly. These rules vary depending on things like age, dependents, school enrollment, and marital status—so don’t make assumptions about eligibility. Legal guidance here is key.
Wrongful death compensation in Indiana covers both financial and emotional losses. According to Indiana’s Wrongful Death Statutes, families may be entitled to:
In some cases, damage awards may be capped, especially for adults without dependents. That’s why each case demands personalized evaluation.
Absolutely. In cases like these, having a lawyer changes everything. We investigate the crash, stand up to insurance companies, and take the burden of legal deadlines and filings off your plate. The sooner we get involved, the more effectively we can protect your family’s interests.
You shouldn’t have to navigate probate, insurance, and legal fights on your own—especially when you’re grieving. Let us help you focus on healing.
Decades of handling truck accident cases in Indiana have equipped Blackburn Romey with the expertise to challenge insurance companies effectively. We start fighting for your compensation from day one, making sure no piece of evidence is overlooked.❞ Act now! Contact Chris Blackburn today, and let us work for you.
Chris Blackburn
Experience isn’t just helpful—it’s the difference between stress and support. At Blackburn Romey, we’ve spent decades helping Indiana families through the worst moments of their lives. We don’t just know the law—we know how to listen, how to fight, and how to win when everything is on the line.
If someone you love has died in a car accident, you shouldn’t have to figure it all out alone. Call Blackburn Romey today to learn your legal options and start protecting your family’s future. We’re here to provide answers, fight for justice, and help you rebuild—one step at a time.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
