You will need to talk to an Indiana attorney about all the facts of your case, for advice you can rely on.  One place to find a lawyer is our website, http://attorneypages.comThis particular question is one that your lawyer will probably need to research -- if he or she thinks it is likely to make any difference at all.  And if the pole was put in before any law or regulation that would have made it improper, it might be grandfathered.  More to the point, if you were already on the wrong side of the road when you hit the pole, it is likely that more than half the fault is your even if some of it belongs to the utility company, and in most states that means you would get nothing.