Indiana Drunk Driving Accident Lawyers discuss Alcohol Tests

As your Indiana Drunk Driving accident Attorneys, representing Hoosiers seriously injured in drunk driving accidents all over the State of Indiana from our Indianapolis offices, we know how devastating a drunk driving accident can be.  A drunk driver causes drunk driving accidents because the drunk is impaired and cannot control the car.  In the hands of a drunk driver the car becomes a 2,000 pound missile wreaking havoc on our roads.  We have seen too many drunk driving accidents and the resulting injuries which include spinal cord injuries resulting in paraplegia and quadriplegia, broken bones, brain injury, blindness, and wrongful death.  So what does science tell us about how to determine if a driver is drunk? 

 First it is more precise to use the term impaired.  Alcohol is a central nervous system depressant.  In other words, alcohol depresses (impairs) the signals to and from the brain from the body.  Thus, bodily function, reaction time and judgment become impaired as a result of the alcohol.  The more alcohol in the system, the greater the impairment to the signaling system between the brain and the body and the more danger in the operation of machinery, such as a car. The criminal justice system has different criminal statutes addressing alcohol impairment.  One Such Statute is  I.C. 9-30-5-1. Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or  (2) two hundred ten (210) liters of the person’s breath; commits a Class C misdemeanor. (b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or (2) two hundred ten (210) liters of the person’s breath; commits a Class A misdemeanor. (c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body commits a Class C misdemeanor.
This statute requires proof of a certain alcohol concentration in the blood, it does not require proof of impairment.  Tests are obtained either in the form of breath tests or blood tests.  Under Indiana Law, when a driver obtains an operator’s license, they impliedly consent to a blood or breath test if the authorities have probable cause to believe a driver is driving under the influence. See I.C. 9-30-6-1.  Impairment is not tested with a machine.  Impairment is tested by a couple different observations of trained law enforcement.  The officer detects impairment by observing the operator drive.  Observations of impairment include weaving, taking wide turns, driving at reduced speeds and failing to properly stop at stop signs.  If an officer has reason to believe a person is intoxicated, the officer will have the driver do field sobriety checks.  These include walking a straight line, saying the alphabet, touching the finger to the nose while standing on one leg, etc.  The officer will be asked to testify as to their observations of the driver in performing these tasks when impairment is an issue in the prosecution. 

 There is a great deal more to this topic than this space allows.  If you would like to further discuss these matters, please contact us.

Things you should know before you are in an accident, Part 2 – Indiana Auto Accident Lawyers

#2 ALWAYS REPORT AN EVENT TO YOUR INSURANCE COMPANY

This may seem contrary to your own best interest , however if you have been injured in a auto crash, construction accident or other event that leaves you with lost wages ,disabled , impaired or with other injuries it is best to make your insurance aware as soon as possible so they can start a file(this will often preclude a later denial for failure to timely report a claim). The insurance company you should contact is not only your auto policy ,but your health insurance , disability , homeowners , workmen’s compensation and even life insurance where appropriate. The reason you should let them know is to find out if they provide any benefits(which you have already paid a premium for) that might help you as you work your way through the process of trying to get your life back to normal.I have had clients who did not want to report a case to their insurance company because they thought it would raise their rates. My response is always the same. You have already paid for this coverage. They can’t raise your rate for using coverage you have already paid for. It would be like going to the grocery and getting some steaks on sale for $3.99 per pound and at the check out counter they tell you if you take home the steaks and eat them then the next time they will charge you more. No one would go back to that store and no insurance company should ever try to pull that line on one of there insured. So if the occasion arises where you are injured in a crash or accident then be sure to list the insurance’s companies that you have (and pay premiums to ) that might apply and at least report the claim. There are times when they might not have any coverage’s that apply and others where they do at that time or at a latter time(e.g. if you later find out that the drunk driver who crashed into did not pay his premiums and is uninsured).

Things you should know before you are in an accident, Part 1 – Indiana Auto Accident Lawyers

We all have been in situations where we have thought afterwards ..”I wish I had known that before this happened” or “I only wish I had known”. Well in the world of personal injury we as lawyers hear that all the time. The following are things you should know before you are in an accident that will make your life less stressful and more able to deal with the events you have been forced to confront. These informational tips will help you understand what might confront you and how to best prepare yourself to minimize your stress and negative consequences . Whether you are confronted with a car crash, construction injury or any other type of injury which results from someone’s negligence these will help you. It does not matter whether your injuries include broken bones, lost wages ,scars ,brain injury or any other type of impairment these tips will ease your stress and help you to protect yourself from the trained representatives of insurance companies whose sole motivation is to minimize the amount they have to pay to save their companies money.  

#1  ALWAYS REQUEST AN CRASH OR INCIDENT REPORT

If you are in a car crash, motorcycle or truck accident always call the police and wait for them so they can document the event with a crash report. If you are injured on the property of another ask for an incident report to be completed and ask for a copy of it before you leave. Even if you think you are not hurt seriously it is important to get the facts including date, time witnesses names and address etc.documented  as soon as you can. It is not unusual for symptoms to appear hours or even days after an event. Always ask how you can get a copy of any report and do not sign unless you are given a copy of what you are asked to sign or at least told how you can obtain a copy. It is not unusual for someone to accept fault at the scene and try to get on their way without having a report prepared.Then later if they change their story the truth can be harder to ascertain and prove without a report . 

 If someone suggests they will take care of  any damages  on their own and ask you not to call the police, be sure to call the police. Exchanging names , addresses and insurance information does not guarantee that what you are given is accurate. This one precaution can save you much stress as you attempt to  deal with the  issues that confront you.

Strokes and Brain Injury Linked to Energy Drinks – Indiana Brain Injury Lawyers

 At Young and Young, we care about the health of our clients and about Hoosiers all over the state.  We have spent a lot of time with experts from all over the Country to educate ourselves about brain injury.  We think this knowledge is essential to becoming the best Indiana Brain Injury Attorneys we can be.   John P. Young, of Young and Young, is a 15 year plus member of the Brain Injury Association of Indiana.  He serves on the Board of Directors and is a former Chair of the Board of Directors.  The mission of BIAI is to educate Hoosiers about brain injury and to be the entry point for all Hoosier families dealing with Brain Injury and who require information about resources.  The most important piece of information about brain injury is prevention is the key.  Brain injury is a very difficult injury for families and it is very difficult to treat.  This does not mean that we do not have excellent treatment, but treatment is not perfect.  Therefore, prevention is the most important thing about brain injury.  You can help prevent brain injury by wearing a helmet.               

Another way to avoid brain injury, for children and young adults is to avoid using Energy drinks.   A recent study has linked the use of energy drinks such as Red Bull, NOS and others, to strokes.  A stroke is brain injury caused by bleeding in the brain.  The bleed can be caused by increased blood pressure caused by the use of energy drinks. The study was recently published in the medical Journal Pediatrics.  There is no final consensus on the use of energy drinks and their safety.  However, given that your brain is so vital to the quality of your life, we recommend that people err on the side of caution.  Please take the doctor’s advice, prevent brain injury by avoiding energy drinks until their safety can be thoroughly reviewed.  Heck, it saves you money and may protect the quality of your life.

Understanding Social Security Disability Benefits – Young and Young Attorneys at Law

As your Indiana Social Security Disability Attorneys, representing disabled Hoosiers all over the State from our Indianapolis offices we hear a lot of the same initial questions about Social Security Disability.  Those questions include: Am I eligible?, How much money will my benefits be?, How do I apply? How does the Social Security administration make the decision?, and more.  Well, we take a very hands on approach to your social Security Disability claim.  John P. Young, a partner with Young and Young, will personally speak to you about your claim when you call.  He will ask you a few questions to make a preliminary decision about your claim.  He will also take the time to answer your questions.  Mr. Young will then set up a meeting to discuss with you personally your claim and your application or appeal.  Mr. Young will file all the paperwork necessary to appeal your claim.  He will obtain your file from the Social Security Administration and obtain your medical records.  He will personally prepare you for your hearing and will attend the hearing with you. 

 Now to some of these questions.  Are you eligible?  There are two kinds of Social Security Disability benefits.  The first is Title II Disability.  You are eligible for Title II Disability if you are disabled and you have worked, and paid into the FICA tax fund, for 5 out of the last 10 years.  Paying the FICA tax is like paying the premium for your disability insurance.  If you are disabled, but have not worked enough, then you may be eligible for Title XVI Supplemental Security Income.  This is essentially a welfare program.  You must be disabled, but there is not the work requirement.  There are many conditions and restrictions associated with SSI, too many to discuss here.  

How much will my monthly benefits be?  This depends on whether you are eligible for Title II  or Title XVI.  Title XVI pays less, and the maximum payment is in the $700.00 dollar range.  If you are eligible for Title II your benefits will depend on your earnings.  The hirer the earnings the higher the benefit.  The minimum will be in the area of five hundred dollars, in which case you may also be eligible for SSI, the maximum is in the $2,500.00 dollar range.  Yes, if you are eligible for benefits your under age 18 children will also be eligible. 

 The Social Security Administration uses a very precise set of regulations to determine if you are disabled.  There are much too many rules to go into here.  Suffice it to say, the most important rule for you to remember is that in order to be found disabled, the Social Security Administration will require you to show proof you are disabled.  This proof comes in the form of medical records of tests, examinations and treatment.  Without good medical records it is nearly impossible to obtain your benefits.

Indiana Spinal Cord Injury Attorneys on the New Health Care Law and How it Affects You

As your Indiana Spinal Cord Injury Attorneys, we want to discuss with you the impact of the new Health Care Law on Hoosiers dealing with paraplegia and quadriplegia.  The fact is that Hoosiers dealing with spinal cord injury have a multitude of medical issues that may not be apparent to the casual observer.  Some examples include pressure sores.  Pressure sores develop because the spinal cord injury prevents the person from sensing pressure on parts of the affected body.  People without spinal cord injury are constantly sensing heat or pressure when sitting or laying down and move to relieve that pressure.  When the pressure is not relieved, the tissue begins to break down and sores develop.  Pressure sores are dangerous because the spinal cord injury affects the Hoosier’s immune system and cause the sore to take a long time to heal.  These sores can be life threatening.  Another example of a danger to a person dealing with paraplegia or quadriplegia is infection.  As we discussed, the immune system of the person is lowered, their ability to cough may be affected so they cannot clear their lungs and trouble starts.  

As there are so many problems for these folks, good health care is essential.  Unfortunately many of these folks have, in the past met their maximum limit of coverage or have been kicked off their plans because the medical care costs cut into the obscene profits of the health insurers.  As health insurance in America is a for profit system, and as the free market system encourages lower costs and higher profits, it is only natural that insurers look with dismay at spinal cord injury victims. 

 The health care law has provisions that will help spinal cord injury victims.  I read in the paper today, that despite all the gloom and doom about the health care law and its effects on profits, most health insurers are doing quite well.  So it is shocking, though not surprising (profits can never be too high) that the vested interests are attacking the law and as a consequence attacking Hoosiers, and all Americans, with Spinal cord injury.  I am placing a paragraph from the National Spinal Cord Association Website (http://www.spinalcord.org/) about this issue here in order to bring attention to the problem:

TELL CONGRESS TO OPPOSE EFFORTS TO REPEAL AND REPLACE THE AFFORDABLE CARE ACT

NSCIA urges all our members and their family members to immediately call your Representatives and Senators to oppose the House Republican efforts to repeal and replace the Affordable Care Act. A vote is currently expected to be scheduled late in the week of January 17. Thanks to the generosity of Families USA, our coalition partner, you can call 1-888-876-6242 for free connect directly to the Congressional switchboard where you can ask for your Representative’s office. Click to full story for suggested message points.

After identifying yourself, tell your Congressional Representative you oppose the repeal or replacement of the Affordable Care Act because:

The Affordable Care Act has provided you and your family members with the peace of mind of knowing that as a person with a disability, you and others in your family will not be denied health care coverage because of a pre-existing condition.  IF YOU HAVE BEEN DENIED ON THIS BASIS PREVIOUSLY, LET THEM KNOW.

The Affordable Care Act has provided you and your family members with the peace of mind of knowing that you and your family members will no longer be subject to annual or lifetime caps on benefits which has bankrupted many families and caused destitution.  IF YOU HAVE A PERSONAL STORY TO SHARE ON THIS MATTER, LET THEM KNOW.

The Affordable Care Act has provided you and your family members with the peace of mind of knowing all policies must now contain certain essential benefits, including rehabilitative and habilitative services and devices and chronic disease management so needed by those living and working in the face of long-term chronic conditions and disability challenges.  IF YOU OR A FAMILY MEMBER HAS BEEN DENIED SUCH SERVICES UNDER YOUR POLICY, LET THEM KNOW.

The Affordable Care Act has provided you and your family members with the peace of mind of knowing expanded home and community based services will be made available for people with disabilities and chronic conditions to live at home and participate in their communities rather than be institutionalized at far greater expense.  IF YOU HAVE BEEN INSTITUTIONALIZED AT A NURSING HOME OR OTHER LONG-TERM CARE FACILITY AND FEEL YOU WOULD HAVE BEEN BETTER SERVED REMAINING IN THE COMMUNITY, LET THEM KNOW.

It is critical that we make our voices heard as we battle this first major effort to dismantle the health reforms we fought so hard to finally obtain.  Please call your Representative and Senators today.  It will cost you nothing but your time and what is at risk is enormous.  The toll-free number again is: 1-888-876-6242. ACT NOW!

Know that your fellow Hoosiers, and fellow Americans, deserve the dignity of proper health care.  Act now.

Auto Accident Pictures Don’t Always Tell The Whole Story – Indianapolis Auto Accident Lawyer

It has been said that a picture is worth a thousand words.  Often this is true, but not always.  Over many years in our practice as personal injury attorneys, we have been involved in a number of cases for people who have suffered spinal injuries, head injuries, broken bones etc. in car accidents where the damage to the car itself is minimal.  In these types of cases, insurance company representatives  argue that there is no way the person riding in the car could have any serious injuries because “there is no damage to the car—look at the pictures!”.

This argument ignores, however, rules of physics regarding the transfer of energy.   Simply put, the steel car, weighing several tons, may not show the effects of the collision enough to show up in pictures, because the energy from the crash travels through the rigid structure of the car without much change in the car until it gets to the soft tissues of the human being driving the car.  There the force of the energy still remaining, is often times, more than enough to injure the driver or passenger.  An example of this flow of energy, is the novelty item we have all seen where six or seven steel balls are suspended from a rod, lined up so they are in contact with each other.  When the end ball is pulled back and released, it strikes the next ball in line.  The energy does not move all of the balls though.  Rather, it travels through four or five of the balls and the last one in line is catapulted outward.  That ball then snaps back and the energy is passed back through to the first one again and so on.  This is the same transfer of energy from a striking car, traveling  through the car it has hit, and then into the soft tissues of the bodies of the occupants.

We also have seen or heard of crashes where the cars are totally smashed and obliterated but the driver walks away unharmed.  So the next time someone says there is no way a person could have been hurt in a car just because the pictures of the car don’t show any damage, remind them that because of energy management principles, the pictures may not tell the whole story.  Drive safe!

Indiana State Department of Toxicology is under investigation – Young and Young Attorneys at Law

As your Indiana Drunk Driving Accident Attorneys, we want to discuss the recent problems being revealed with chemical testing at the Indiana State Department of Toxicology.  Included in this category of Indiana Drunk Driving Accident Attorneys are those that drive under the influence of marijuana, illegal street drugs and abused prescription drugs.  All these chemicals impair the judgment and the reaction time of the driver, putting all other users of the roads at risk for serious personal injury and or wrongful death. We represent Hoosiers who are seriously injured or who suffer wrongful death regardless of whether the driver is intoxicated because of alcohol or drugs.  They are the same to us and result in the same types of injuries to our clients. 

Indiana Accident AttorneysThe Indiana State Department of Toxicology is under investigation for returning questionable test results.  What’s worse is that these results may have been, in some instances intentionally altered to reach the desired result rather than the true result.  This means that some workers at the lab have been intentionally altering test results to show a positive result.  These findings are a problem for Hoosiers in many ways.  First it diminishes the confidence of citizens in or criminal justice system.  If we cannot trust the system to be fair, then the system is not working and must be altered. Second, the victims of drunk driving accidents may be victimized twice.  The first victimization is the injuries from the crash.  The second is from having to know that a person who really was drunk driving is going to have the charges dismissed because of shoddy work performance by the lab.               

 The only bright side to this mess is that Scott Newman, former Marion County Prosecutor, a man respected by his peers for his honesty is taking the lead in the investigation and is honestly assessing the damage caused by problems at the lab.  In addition, many tests were performed at subcontracted labs.  These test results do not appear to be in doubt. 

 If you, or a loved one, has been seriously injured in a drunk driving accident, and you have questions about the lab and these issues, and you are not currently represented by an attorney, please feel free to call and discuss your concerns.

Distracted Drivers Put Indiana Highways in Danger – Indianapolis Auto Accident Attorneys

To our fellow Hoosiers, we know you are aware of the dangers that distracted drivers pose on the roads.  However, as your Indiana Serious Injury Attorneys, and Indiana Drunk Driving Accident Attorneys and Indiana Truck Accident lawyers, we want to share with you the following compilations of cars disregarding red lights.  Most of these incidents occurred because the offending driver was distracted by either texting, talking on their phone, eating, changing the dial on their radio or picking up something they dropped on the floor.  Although you cannot stop other people from doing dangerous and stupid things, please warn your family , and friends to put away those things which distract drivers.  Tell your children, have empathy for others on the road.  Know that they want to get to work to support their families.  Let them know that the other people on the road have the right to get home safely to be with their families.  Whatever you are doing in the car that is distracting you from driving safely can be put aside and done later, or you can stop the car and do what you must do.  Be careful fellow Hoosiers.

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Charles Woodson Injury Explained by Personal Injury Lawyer

 Ever since Charles Woodson’s injury (he broke his collar bone in the last few minutes of Super Bowl XLV) I have been thinking about what we saw on his face every time he moved.  In one scene, a Green Bay Packers player made a tough catch.  After the play, the camera panned to Woodson, he reacted to the play and immediately winced from the pain.  This is a pro athlete, at the top of his game, and the pain from the broken bone stopped him in his tracks.  

 The collar bone is technically known as the clavicle.  It makes up part of the shoulder. In the diagram below on the left we see a diagram of  a healthy collar bone.  It is in the upper most bone in the diagram. The picture on the right is an x-ray of the broken collar bone. 

  

If you were watching Charles Woodson closely, you could see that his injured shoulder was lower than the healthy shoulder.  Fortunately for Charles Woodson, his collar bone will heal. Most likely his collar bone will be stronger because of the additional bone growth to repair the fracture.  Unfortunately the injury is very painful in the first few weeks after injury. It is painful because bones are innervated, meaning that nerves were damaged when the bone was injured.  The nerves send pain signals to the brain as a defense mechanism which, in part, stops the person from moving the injured bone so that healing may take place.

We have worked with some of the finest orthopedic physicians in the United States to learn about the medicine associated with bone fractures, and broken bones.  We do this because it helps us describe, accurately your injuries to a jury.  It is all part of a day’s work at Young and Young, your Indiana Serious Injury Lawyers.

Wire Barriers on Highways Help Save Lives- Indiana Truck Accident Attorneys

Dear Hoosiers, I came to work today on roads covered with ice.  As I did, I passed a large truck losing control, skidding into the median.  The large truck, a semi tractor-trailer came to a stop causing no injury and little damage, though I suspect the driver might have to change his under garments.  I thought back to a time when I had seen another such event, only this time there were no wire guards across the median.  The truck slid across the median and into the path of a minivan.  The small family never stood a chance.  It was a horrible collision with no good outcome, or so I thought.  Now I think that the collision that took that families life must have led, in part, to the construction of the wire barriers along Indiana major highways.  Although they were not in place to save that family (and we will never know what great things the children in that van were capable of maybe they would have solved our energy crisis with some new invention, you never know) those barriers were in place today and stopped that large truck from causing serious injury, or even wrongful death today.  Who knows, maybe those barriers saved the life a person who will solve our energy needs. You never know.

Fred ThompsonOn a slightly different note, following up on my discussions about our civil justice system, I want to share with you a thoughtful and insightful article on the topic by Fred Thompson.  Some of you may know Mr. Thompson as a former senator from the State of Tennessee.  Some of you may know Mr. Thompson from a successful film acting career (See JFK) and TV Acting (See Law and Order)..  Most of you will not know Mr. Thompson as a trial lawyer with over thirty years experience in our civil justice system.  Mr. Thompson writes based on his experience.  I have attached a link to the article.  I will say no more as the article speaks for itself.

Read Mr. Thompson’s discussion about our civil justice system

Winter Driving Safety Tips – Remove Window Ice for Greater Visibility – Indianapolis Accident Attorneys

As Indiana Serious Injury Lawyers, practicing all over the State of Indiana out of our Indianapolis offices brings many surprises.  Something that never ceases to amaze us is people who drive with ice on their windshield and on the others widows in the car.  We are amazed in kind of the same way we were amazed when Christine Aguilera got the words of the National Anthem wrong before the Super Bowl.  I mean she knew she had to sing it in front of 100 million people, we would think that she would put a little work into preparing, say like memorizing the words.  

Windshield IceIn that same vein you would think that anyone who plans on driving on the roads would want to prepare by cleaning the ice off all the windows to maximize visibility.  We have all seen the car driving down the road with just a small round area scraped off the front windshield.   We know the driver can barely see what is in front of them.  However, there is a lot more to safely driving a car than going forward.  If you are changing lanes, you have to be able to see out the back and the sides of the car.  Just checking the side view mirrors is not enough.  Every car has a blind spot.  You have to turn your head and look out the side windows.  If those windows are covered with ice, you are putting everyone else on the road in danger.  What’s more simple and effective tools are available at a reasonable price to clear the windows.  What we really think is happening is that people are either in a hurry or they have not purchased a scraper or both. 

What is the worst that can happen you say?  Well consider this sad scenario.  Driver has not cleared the windshield of ice.  Driver is taking the regular route to work, the same one taken every day, well known to the driver.  However, today, the city is working on a sewer problem and the workers are working at a manhole.  They have erected warnings and barriers, but our driver can’t see them through the ice.  The driver hits a crewman and throws him against his parked truck.  He breaks several bones, might have a brain jury and is in danger of paralysis.  This is a very serious injury which could have been avoided had the driver taken a little time and car.  The worker would have appreciated going home that night, but instead was in the hospital.

Drivers, take a minute and clear all those windows.

How Ability to Walk Affects Your Social Security Disability Claims – Indiana SSDI Lawyers

As Your Indiana Social Security Disability Attorneys, representing Hoosiers all over the State of Indiana out of our Indianapolis offices, we want to talk with you about how the ability to walk plays into your Social Security Disability application.  First, when the Social Security Administration views the types of work available in the economy, they look at the following categories: Sedentary, Light, Medium, Heavy, and very Heavy.  Each of these categories requires a certain amount of walking.  The sedentary job requires the least amount of walking, about 2 hours a day.  Now, what kind of walking are they talking about?  In the language of the a Social Security Disability claim, the walking must be effective ambulation.  This is the ability to walk over even surfaces at a reasonable speed, without your hand being used.  So, if you require the use of two canes, a walker or crutches to walk, you cannot walk effectively.  This is because you have to be able to carry things or hold onto a stair rail to walk effectively. Generally, the administration wants to know if you can walk from your house to your car, or the bus stop, with reasonable pace.  They also want to know if you can walk from your car, or the bus stop to your place of work in a reasonable amount of time.  If you can, congratulations, you can walk effectively.  Places of employment such as GM, Anthem, and others may be able to use your services.  If you cannot do these things, you are likely eligible for Social Security Disability.

 Remember, the Social Security Administration is not going to take your word for it that you cannot walk effectively.  You will require a doctor to confirm that you cannot walk effectively and why you cannot walk effectively.  In other words, if your doctor is willing to write a note for you in support of your application, the doctor must include your diagnosis, abnormal signs and symptoms and why those issues make it impossible for you  to ambulate effectively.  Without this supporting information, the doctor’s report will do little good.  If you have any questions about Social Security Disability, call John P. Young.  He will talk to you personally, no paralegals.  He will personally prepare you for your hearing and attend the hearing with you.  With over 23 years of experience and hundreds of  hearings personally attended, Mr. Young is the Indiana Social Security Lawyer to help you.

Ice From Passing Trucks Cause Highway Hazard – Accident Lawyers Young and Young

Trucking Accident AttorneysFellow Hoosiers, we have all been dealing with ice in new and unusual circumstances.  For the first time in my life I saw children playing hockey, with skates on my front yard.  We want to warn you all about an unexpected danger.  We are hearing reports that ice is being shed by semi tractor-trailers on our highways.  Some of the ice is large enough to damage cars trailing the truck.  Some of the ice is large enough to cause drivers to lose control and crash, resulting in injury.  If you find yourself with property damage to your car, or injury to your body caused by ice flying off a semi tractor trailer there are a few things you can do.  If you are able to obtain the license plate of the truck this is the best thing for you.  The license plate number will allow the police or your insurance company to identify the truck.  Identifying the truck is essential because this may be the only way for you to identify the trucks insurance company.  Whether or not you obtain identifying information for the truck, call the police and make a report.  This is important to document the damage to your car and to document the accident for insurance purposes.  If other drivers stop and identify themselves as witnesses, obtain their name, address and Telephone number.  You will provide this to the police. 

If you cannot find out the name of the truckers insurance company, you may need to contact your own insurance company.  We recommend that if you have uninsured motorist coverage, you turn in the claim on that insurance.  In this instance you will not have to pay a deductible.  If you do not have uninsured motorist insurance (If you don’t we highly recommend that you talk with your agent and purchase it.  UM coverage is not expensive and protects you against those not responsible enough to purchase coverage) then you will have to file your claim under your comprehensive coverage. If you do have comprehensive coverage you will have to pay the deductible.  If you have any questions, please contact Young and Young.

Homeowner’s Responsibility for Ice and Snow Removal from Indianapolis Premises Liability Lawyers

Personal Injury AttorneysNow that the Midwest is  mired in one of the worst ice and snow  storms in recent times, it is good for homeowners and invitees of homeowners (including social guests) in Indiana, to know what to expect from the Courts if someone were to fall and be injured on the homeowners premises.  The good news for invitees is that Indiana law requires homeowners to exercise reasonable care to protect them against physical harm.    

The good news for homeowners is that their responsibility to protect invitees on their property is the exercise of reasonable care.  The homeowner does not guarantee the safety of his/her invitee.  Even if someone is hurt on the property, there is no liability so long as the homeowner has exercised reasonable care under the circumstances.

The legal requirements for liability are as follows:

An owner/occupant of property is liable for injury caused to an invitee by the property’s condition only if the owner/occupier:

  1. Knew that the condition existed and realized that it created an unreasonable danger to an invitee, or should have discovered the condition and its danger;
  2. Should have expected that the invitee would not discover or realize the danger of the condition, or would fail to protect himself or herself against it ; and
  3. Failed to use reasonable care to protect the invitee against the danger.

The end result is good for everyone.  The invitee knows that the homeowner is not guaranteeing his/her safety but will exercise reasonable care to protect them from physical harm caused by the condition of the property.  In the same way, the homeowner knows that he/she is not guaranteeing anyone’s safety, but must do what common decency requires—exercise reasonable care for the safety of his/her invitees.

Experienced Injury Trial Lawyers Young and Young, a Legacy of Representing Hoosiers

The lawyers of Young and Young travel all over the state of Indiana representing Hoosiers who have been seriously injured in drunk driving accidents.  We are your Indiana Drunk Driving Accident lawyers.  It makes no difference if the drunk driving accident was a car accident, a truck accident or a motor cycle accident, we are relentless in pursuing those who make terrible choices such as getting behind the wheel after drinking and causing injury to our beloved Hoosiers.  Young and Young has been representing Hoosiers since 1903.  We have had a continuous legal presence from then until now.  Our ancestors first settled in what is now Johnson county in the 1820s and we have been Hoosiers ever since.  Our great great grandfather, looking for work, walked from Johnson County to Indianapolis.  He had a son, Howard S. Young, who would become an Indiana Supreme Court Justice before starting Young and Young.

Young and Young HistoryHoward taught his son, who taught us, that there are two essentials to representing Hoosiers, hard work and a dogged determination to understand medicine.  The hard work involves getting to the scene of the accident as soon as you are hired, taking pictures, talking to witnesses and documenting all the facts of the case.  The medicine is essential to informing the jury about the severe nature of the injuries.  We work with nationally renowned doctors who have taught us the medicine of serious injury including brain injury, spinal cord injury resulting in paralysis such as paraplegia and quadriplegia, severe burns, back injuries, broken bones, blindness and wrongful death.

If you have been drinking, call a cab, use a designated driver, call a friend, walk, or rent a room.  Do anything but get behind the wheel.  You cannot undo the harm you do in  a severe drunk driving accident, so prevention is the best answer.  Love yourself, love your family, love your fellow Hoosiers, do not drink and drive.

NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.

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