Author: yny_2020

Not every personal injury case on Indiana roads involves one car smashing into another. Motor vehicle accidents can involve more than just automobiles. Motorists are required to drive in a safe and observant manner and to abide by all Indiana traffic laws, including exercising reasonable care when sharing the roadway with pedestrians. Pedestrians in a crosswalk have the right of way. While this is the law, many drivers do not follow this rule of the road which is aimed at preventing injuries. Serious pedestrian accident injuries could include brain or spinal cord injuries, broken bones, or even death. Pedestrians aren’t of course always blameless: We have all seen a pedestrian crossing a multi-lane road that reminds us of the video game called "Frogger." That’s why motorists have to be extremely vigilant at all times.

If a vehicle has stopped at a crosswalk to let a pedestrian cross, all other vehicles are required by law to also stop at the crosswalk. No matter how much of a hurry a driver is in, it takes a lot less time to stop and let the pedestrian cross safely than it does to wait for a police officer to come to the scene of a collision and take an accident report.

The Indiana Bureau of Motor Vehicles Driver’s Manual reminds Hoosiers that crosswalks or a pedestrian signal indicate that pedestrians may be nearby. In addition to yielding the right of way to persons on the street, the BMV recommends the following: don’t make a turn that causes a pedestrian to stop, slow down or make some other special effort to avoid a collision; be especially careful if children are in the vicinity, because children are not fully aware of the dangers of traffic; and be respectful of others who have difficulty in crossing streets, such as elderly persons or persons with a visual disability.

In a  previous blog entry I discussed the legal liability that can attach for following too closely on Indiana roads. Many of those incidents can result in what appears to be minor fender-benders. However, so-called “low impact cases” (those that generally involve speeds of less than 10 mph) can at times be deceiving. The amount of injury to a human body in a car accident is not always directly proportional to the damage to the cars involved in the traffic accident. This is a matter of energy management. We all know of incidents where vehicles have been completely torn to shreds but the driver walked away without a scratch, and other cases where despite minimal amount of visible property damage to the car, the occupants were seriously injured.

By way of example, one basic method for understanding energy management is the Indianapolis 500 race cars which splinter and disintegrate on impact. This disintegration is dispersing and managing energy so it does not go through the frame of the car and into the driver. If a car is struck and does not have much damage, the energy is being transferred through the car, i.e., the metal and the frame, into the softest part of the car–which is the human body occupying the car. This can result in significant soft tissue injuries, i.e. injuries to the ligaments, tendons and muscles. even at low speeds. An easy illustration of this is the novelty item with 5-6 balls suspended from a frame. You take the end ball and pull it back and let it strike the other grouping of 4-5 balls and the ball on the opposite end receives all of that energy and is catapulted forward and the energy goes back and forth through the middle 3-4 balls.

Neck and beck issues are particularly common in soft tissue injuries. Insurance companies tend to deny or minimize claims from low impact accidents, however.

If you have suffered bodily harm in a low impact crash, it is important to retain legal counsel with the experience and skills needed to obtain full compensation for your injuries. At Young and Young, we have represented thousands of Hoosiers with soft-tissue injuries. If you or a loved one has been hurt in a car accident, we have more than 55 years of experience waiting to help.

Rear-end collisions of various degrees of severity are a common occurrence on Indiana roads. In general, one of the most helpful driving hints for any driver who wants to avoid being a defendant in a personal injury lawsuit is to take your time and leave a lot of space between you and the driver in front of you.

In a motor vehicle accident case, following too closely and then crashing into the car in front can be a basis for a negligence claim. The reason this is so is if a motorist tailgates another vehicle, that motorist cannot keep a proper lookout for hazards and conditions in the roadway ahead of the vehicle in front. If that vehicle (let’s call it vehicle #1) suddenly stops and vehicle #2 rear-ends it, the operator of vehicle #2 can be held liable in court. If vehicle #1 suddenly swerves to the left and there is a stopped vehicle in the roadway ahead, and you collide with that stopped vehicle, you may also be held liable.

The Indiana Bureau of Motor Vehicles talks about the “two second rule” in relation to proper following distance. This means that a driver should keep a distance of at least two or three seconds between his or her car and the car in front. You can do this by picking a landmark or fixed object on the side of the road and when the car in front of you passes it, it should be at least two seconds before you pass that same landmark. The BMV manual also identifies several factors that in addition to speed that affects a car’s ability to stop safely, including the condition of the brakes and tires, and road conditions. Although a driver has no control over slick roads especially in the winter months, it is important to keep your vehicle in good operating shape for your safety and the safety of others.

At Young and Young, we have represented thousands of Hoosiers who have been injured in rear-end collisions. We would be happy to sit with you and your family to advise you as to how the law can help you receive compensation for the injuries you sustain when another’s negligence causes your injury.

Various media outlets are reporting on a fatal accident that occurred on the morning of January 16 in Washington County, Indiana, involving two Amish brothers riding in a horse-drawn buggy. A motorist in an SUV allegedly rear-ended the buggy on State Road 160 near Salem, Indiana. Tragically both brothers, ages 17 and 9, were killed at the scene. The driver of the SUV was apparently unhurt. An accident investigation by the Washington County Sheriff’s Department is underway, and heavy fog may have played a role in the collision.

This incident has an unusual fact pattern since most traffic accidents in Indiana and everywhere else are usually car on car. It may turn out that there is no liability involved in this particular horrific calamity. In general, however, Indiana statutes establish various rules of the road which all drivers must follow. Failure to follow these safety statutes can be a basis for a finding of negligence as a matter of law unless there is some reasonable excuse or justification for not following those rules.  Young and Young has more than 55 years experience in ensuring that Hoosiers injured in car accidents receive full compensation for their injuries. If you have been injured on Indiana roads, put our know-how to work for you.  Contact us for a no-obligation consultation in Indianapolis.

A horrific accident in Mishawaka, Indiana: A driver fleeing from a traffic stop on January 9 ran a red light and crashed into another police cruiser, tragically killing an officer and his police dog. The motorist, who apparently had an extensive rap sheet, allegedly registered a BAC of .239, almost three times the legal alcohol limit. His blood is also said to have tested positive for drugs. The motorist also apparently violated his probation by being out after 9 p.m. Police will arrest the man once he is released from the hospital.

A person under the influence that gets behind the wheel creates a lethal weapon. Obviously drunk drivers can wreak havoc on ordinary citizens as well as law enforcement personnel. In addition to criminal charges, the victim and/or the victim’s family can sue the offender for money damages in civil court.

Thousands of Hoosiers are killed, paralyzed, suffer spinal cord injury, brain injury, amputation, and wrongful death in a car accident with a drunk driver. Traffic accidents with drunk drivers cost injured or killed Hoosiers and their families dearly–not only in medical bills and lost income, but also in the loss of the injured or killed person’s love, attention, and affection. Young and Young has more than fifty five years of experience in ensuring that Hoosiers who are hurt by the drunk driver are fully compensated.  We stand ready to help.

Some good news to start the year: According to Indiana State Police preliminary statistics, the number of traffic-related fatalities in 2009 was the lowest on record since the presidency of Calvin Coolidge. The last time less than 700 Indiana highway deaths occurred in a single year was 1925, when 670 persons lost their lives on the roads according to state Department of Health archives.  This result is even more noteworthy in that there are eight times more vehicles registered in Indiana now than in the “Roaring 20s.”

Year-end totals indicate 680 deaths on Indiana roads for 2009, representing a 16 percent drop from the previous year alone, even though Hoosiers apparently drove the same number of miles in both 2008 and 2009.

Authorities say that the improved statistics result from stricter enforcement of DWI, traffic safety, and seat belt laws, among other initiatives.  In particular, state police say that wearing a seat belt is the single most effective thing a motorist can do to survive a crash.

We certainly hope that Indiana traffic safety trends continue on this positive track through the new decade. The alternative can be very dangerous if not life threatening: a serious traffic accident caused by an impaired, reckless, or distracted driver can have devastating consequences on the victim and the victim’s loved ones. Young and Young has more than 55 years experience in ensuring that Hoosiers injured in car accidents are fully compensated. If you have been injured on Indiana roads, put our know-how to work for you.  To learn how our experience can benefit you and your family, contact us for a no-obligation consultation in Indianapolis.

The federal government and the National Safety Council have joined together to further raise awareness about the dangers of distracted driving. The new initiative comes in the form of FocusDriven, a nonprofit advocacy group along the lines of Mothers Against Drunk Driving that will push for a nationwide ban on cell phone use in the car. FocusDriven’s new website hosts information on distracted driving, help for victims and family members, and ways to get involved.

Laws vary from state to state about whether it’s okay to talk on your cell phone while driving. Some experts even argue that hands-free operation (which is usually legal everywhere) is unsafe. In the meantime, the U.S. Transportation Department has vowed to push for an outright ban on using wireless devices while driving that would apply to all 50 states. But texting behind the wheel in particular has emerged as a major cause of national concern. You are more 23 times more likely to get into a car crash while texting, according to one study. And when it comes to road accidents, some safety experts say it is even more dangerous than drunk driving. Nineteen states have already banned the practice by adult motorists. Current Indiana law prohibits texting by teenage drivers only, although a bill has just been introduced in the Indiana General Assembly that would apply to everyone.

Fortunately, most Indiana motorists drive responsibly. However, if you or a loved one have been injured on Indiana roads by a distracted driver, contact the personal injury lawyers at Young and Young. Rest assured that our firm, which has been operating under the Young and Young name for more than 55 years, has the knowledge to fully and aggressively represent Hoosiers and their families who have been hurt or killed in a traffic crash on Indiana roads. Although the technology has obviously changed over the years, our high-level of legal representation has remained constant. We stand ready to help you and your family.