Month: November 2011

Anytime there is a collision between a car and a pedestrian, the law of gross tonnage applies.  The law of gross tonnage means that the body in the collision with the greater weight is going survive the collision and inflict great damage on the other body.  It is for this reason I write this blog.  Pedestrian car collisions result in serious personal injury to the pedestrian including brain injury, broken bones, spinal cord injury, amputations, paralysis and even wrongful death. For these reasons, pedestrians in a cross walk are given greater protections which place greater duties on drivers.

A cross walk is specifically defined in Indiana Law.  A crosswalk is either part of the roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the road measured from the curbs , or in the absence of curbs, from the edges of the traversable roadway. Or A part of the roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.  It is my experience that cars hit pedestrians at cross walk most often in one of two ways.  The first is at the intersection.  A driver wants to make a right turn, and to do so is looking to the left for oncoming traffic.  Once traffic clears, the driver fails to look left, starts the turn and hits the pedestrian in the crosswalk.  Remember to look back to the right in these situations, before entering the intersection.  The second common collision is at the non-intersection crosswalk.  This crosswalk may be in the middle of the block.  Another car stops to let a pedestrian cross, and the second car does not stop and hits the pedestrian.  Be warned, it is against the law for a car to pass another car stopped at an intersection. See  Indiana Code 9-21-17-6. 

Please keep alert for pedestrians.  You will never forgive yourself for the harm you cause and the family who suffers the loss associated with a pedestrian/car collision may never recover.

At Young and Young we represent thousands of Hoosiers who are seriously injured in automobile collisions.  We represent those injured in drunk driving accidents, large truck accidents, and motorcycle accidents.  We know the medicine involved in the care in treatment of brain injury, amputations, paralysis,  nerve damage and broken bones.  We want to take this time to discuss what to do if you are involved in a collision that is someone else’s fault.

If your car is not on fire, or if you are no longer in immediate danger, while in your car, do not move.  Your body is in shock as a result of the crash.  Your pulse is up, your blood pressure is up, your thoughts are not carefully ordered.  Your body’s response to the impact may by, and probably is, masked by the shock condition.  This means you may not feel the pain that indicates injury.  To be on the safe side, stay where you are until emergency personnel arrive.  If you have a cell phone, and are able to make a call, call 911 immediately.  It is likely that good Samaritans will arrive at your vehicle before the emergency people do.  If so, tell them where you are injured, and allow them to make calls for you.  Do not allow them to move you unless there is an immediate danger if you stay where you are.

If you are able, completely cooperate with the police.  This includes giving a statement to them about what happened.  It is also a good idea to ask the police officer if he/she has the names of all the witnesses.  Sometimes the witnesses approach the officer, but their names and addresses are not recorded by the officer.  Make sure you keep your insurance information in your glove compartment for easy reference .  If there is any question of injury, seek medical treatment immediately.

If you require legal assistance, Young and Young is ready to assist you.  We represent seriously injured Hoosiers all over the State of Indiana out of our Indianapolis offices.

I read in the paper today about the death of Ross Faris, the owner of Your Neighbor’s Garden, and former executive at Lilly.  Immediately upon reading the piece, I was taken back to driving along Grandview Drive and seeing the little self help stand.  It is one of those little “summer in Indy” memories that will always bring a smile to my face. 

I do not know any of the details of the Mr. Faris’ accident, but I want to take this time to talk about bike safety.  Bicyclists have a right to use the roadways.  Bicycling is good for so many reasons, not the least of which include improved physical fitness of the cyclist and conservation of fossil fuels.  I am both a cyclists and a motorist.  As a cyclist, I have encountered hostility from drivers. As a cyclist I have also encountered negligence by drivers, mostly those using cell phones, which have put me in danger.  As a motorist, I have encountered cyclists who do not observe the rules of the road and put themselves in danger, or at the least cause motorist frustration.

 There are a few ideas I always consider when I am a cyclist and a motorist that may help the situation.  Motorists:  Relax, you may get where you are going just a tad later than you wanted, but compared with a life time of guilt for that one moment of impatience getting there a little later is a small price to pay.  Get off the cell phone while you are driving.  In the context of this discussion,   it will save the health and welfare of a cyclist.  In the big picture it will save you from killing yourself.  Give the cyclist at least three- four  feet of leeway when passing.  This room will increase the safety for the cyclist immeasurably.  Do not yell at a cyclist as you pass them.  The cyclist has the right to use the road, and if they are using it responsibly, yelling at them does nothing but show you are at best impatient, and at worst a bone head.

Cyclists. Wear your helmet.  Be seen- Meaning wear light clothing, use flashing lights and use reflectors. Obey the rules of the road. Be careful.

I hope to see many more cyclists of the roads.  Let’s make sure everyone has a positive experience, and makes it home safe.

We see it quite frequently, a car pulls out in front of a motorcycle and causes serious personal injury or wrongful death of  the motorcyclist.  Our heartfelt sympathies go out to the family of Hamilton County Sheriff Deputy Leanea Nyeayea.  Deputy Nyeayea suffered wrongful death as the result of a collision at the intersection of Kessler Boulevard and Binford Boulevard this past weekend.  Deputy Nyeayea leaves behind his wife and several children.  This very unfortunate collision could have been avoided.  We start by thinking that the car  driver did no intentionally pull out in front of Deputy Nyeayea. Therefore, the driver must not have seen Deputy Nyeayea as the driver pulled out onto Binford. If the driver did not see what was plainly there to see, then one of two things probably occurred. The first is that the driver was in a hurry and  simply glanced to the left as they rolled into the intersection.  The glance did not provide the driver a full field of vision and therefore the driver did not see what was plainly there to see, i.e. Deputy Nyeayea on his motorcycle.  The second possibility also involves the driver being in too much of a hurry.  It is possible that Deputy Nyeayea was in the driver’s blind spot.  We all know that cars have a blind spot.  Based on this knowledge, it is our duty, as drivers, to take extra care to make sure a motorcyclist or car is not in the lane we wish to enter, before we even attempt to enter that lane.

Pulling out in front of a motorcycle causes serious risk of harm to the motorcyclist and can have terrible emotional and economic impact on the family.  In addition, the driver of the car causing the collision, and the wrongful death, has to live with the haunting memory of what their failure to use reasonable care causes.  Please be careful out there for your fellow Hoosiers, their families and your family.