Category: Car Accident

Car crashes cause serious personal injury.  Injuries such as broken bones, brain injury, paralysis and amputations leave the injured person either unable to communicate or unclear in their thinking.  The first thing to try and do at a collision scene is to stay calm.  If you are seriously injured, do not worry about anything but your health.  Follow the instructions of the emergency aid providers and let the police investigate the rest of the claim.

If you are not so seriously injured that you are able to walk and talk and think clearly, then we suggest that you give a concise statement of the facts to the investigating officer.  Ask the officer to record the names of witnesses at the scene.  You may exchange insurance information at the scene of the collision.  If the other driver is not cooperating, do not force the issue.  Allow the police to take care of it.  However, you should record the license plate number and make and model of the other car.

Limit Discussion of the collision and talk only with the police or your claim handler.

If you receive a call, a visit, or a letter from an attorney or attorney’s office within the first thirty days of the collision, know that they cannot be trusted.  They cannot be trusted because the rules of the Indiana Supreme Court prohibit such contact.  If a lawyer, a law firm or one of their workers contacts you within that 30 days, know they are not honest and you must report them to the Indiana Supreme Court Disciplinary Commission.  Someone who would violate this rule cannot be trusted to work for you.

Give no statement to the insurance company for the person who caused the collision. 

If you are injured seek medical attention and follow the doctor’s orders.  It is difficult for those without insurance to obtain quality care, but do what you can.

If you have any questions about your rights, seek the advice of people you know and respect to locate and retain a lawyer.  Experience counts, and your friends and family probably know a good lawyer with whom they have worked and trust.

In my experience, auto accidents do not just happen.  Thus, to call car collisions accidents is a misnomer.  What I mean is they are collisions usually caused by one of the drivers failure to follow the rules of the road.  What about driving in bad weather, does that mean the collision is an accident, meaning no one is at fault?  Well, every case is very fact sensitive, but in my experience most bad weather collisions, which cause serious personal injury and even wrongful death, are usually caused by someone’s failure to follow the rules of the road.  One common negligent cause of bad weather collisions is being in too great a hurry.  One thing everyone knows for sure when they are driving in ice and snow is that they are driving on ice and snow.   Therefore, they must slow down.  Speed limits on roads are devised to keep traffic safe and moving under optimal weather conditions.  However, they do  not mean that when the weather is bad that it is safe to travel at that speed.  When ice and snow are on the road, slow down.  Make sure you have enough room between you and the other car so that you can stop, or evade a collision.

A common negligent act is to drive with bald or significantly worn tires.  We all know that tire treads give us better control in wet conditions as well as on snow and ice.  If the tread is worn, or the tire is bald, you will have less traction and the chances of causing a collision are markedly increased.  Serious personal injury including amputation, paralysis, broken bones and dislocations and brain injury occur when a driver loses control because tires are worn.  Drivers must check their tire treads and change their tires according to manufacturer recommendations.

Never assume that we are at the mercy of the elements.  There are many things we can do to protect ourselves, our families and others using the road.  A little thought and a little caution will go far to keep everyone safe.

In my practice, as Indiana’s serious personal injury attorney, I see little children as in need of special protection.  If you are driving down the road and you see a stop sign, you instinctively take your foot off the gas, you may coast a little, but you will move your foot to the break and stop at the stop sign, after all this is a rule of the road.  It is a rule of the road that keeps everyone safe when we are moving 2000 plus metal objects down the road.  If we think of the little child and the concept of the stop sign together we can see the wisdom in treating every little child as a stop sign.

We all know that small children do not understand the dangers associated with moving cars.  We know they are impulsive and we know that even if they are carefully instructed about cars and streets, they may not always follow the rules that adults and older children will follow.  Finally, we know that if a car hits a small child, serious personal injury and even wrongful death are likely results. So, I ask you to take the drive smart Kids Dart warnings seriously.  One way to drive smart is to see every little child as a stop sign.  If you are driving down the road, especially in a residential neighborhood, if you see a child, no matter how old, assume there are other, younger children around, even if you cannot see them.

You may not see them because they are behind cars or trees or other objects, or they are just so small they are hard to see.  So, you see the child, you take your foot off the gas, you may coast, but as you approach the child, your foot moves towards the brakes.  Maybe, even likely you will not come to a stop, but you are travelling at a speed which will allow you to stop instantly if a small child appears.  No matter how important that meeting, no matter where you need to be, 2-3 extra minutes will not kill you.  However, will you ever be able to forgive yourself if you seriously injure or cause the wrongful death of a small child?

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.

They tug at our heart strings, gripping your finger with their tiny mitts.  Looking at you with all the confidence that love provides.  You feel whole in ways you never experienced before. Unconditional love is a powerful thing.  I hear people lamenting the loss of the good old days when everyone wasn’t so concerned about safety, when we could ride in the back widow of the car and no one thought twice. I want to sit with those people for just a moment and ask them how they would feel if their child was in the back window when a car pulls out in front of the car and the child is flung forward into the back of the front seat, or worse yet, out the front wind screen.  I know these people are just talking, not really thinking about what they are really saying, but I wish they would stop.

Of the great inventions of our times, and there have been many, a precisely constructed child safety seat deserves recognition.  It is a simple device to use.  It is a simple device to make.  It is a simple device to carry from place to place and it can even be transformed into a pumpkin seat.  Yet in this simplicity is an element of safety that protects the apple of our eyes.  I have a case right now involving a roll over crash. One person was suffered wrongful death and another endures an amputation as a result of the roll over.  However, the 12 week old baby was left with nary a scratch.  When the car stopped, on its roof, the car seat held baby fast, allowing the rescue personnel the opportunity to remove him from the wreckage. 

These seats are inexpensive and the companies will work with you to instruct you on the proper use of the seats.  It is a small price to pay for such protection.

Yesterday was a glorious day.  A friend called and invited me to the Indianapolis Moto Grand Prix at the Indianapolis Motor Speedway.  The weather was perfect. The fans were excited.  The food was delicious and the racing was incredible.  I marveled at the bravery and skill of the riders as they sped along at speeds of up to 190 miles per hour.  This got me to thinking.  There was one collision in the two races I saw.  This collision occurred on the last lap at the last turn of the Indianapolis Moto Grand Prix.  Three riders were neck and neck going into the last turn.  Each was desperate to pass the other.  One rider dipped low to pass on the inside.  In order to hold his line he put a huge amount of pressure on the front wheel, but it did not hold and he slid out, off the bike and into last place of the active riders.  He tried, but it did not pay off.  So, how is it that bikers going that fast, in close contact with all the other riders and no one is seriously injured or killed?

In my opinion, the greatest danger to the safety minded biker is the other guy.  So often the car does not take time to see what is clearly there.  It may be because the driver is used to seeing a larger object and reacting to that.  It may be that the driver is not taking enough time to check his blind spot on to look back a second time for oncoming traffic.  Whatever the reason, a major cause of serious injury and wrongful death of Hoosier motorcyclist is having a car turn in front of them, or pull out in front of them.  In either event, there is little time for the biker to react and avoid impact.  As the biker is usually thrown from the bike serious personal injury such as brain injury, spinal cord injury, paralysis, broken bones, and amputation can occur.

Fellow Hoosiers, please take a little bit of extra time to make sure you are not about to pull out in front of a biker.  Look over your shoulder after checking your mirrors, but before merging into the next lane to make sure a biker is not riding along there.  Just a little bit of extra time can save the biker from a lifetime of pain and misery.  It will also allow you to avoid the burden of guilt such a crash will leave behind.

On my way to work, I pass through three school Zones.  During the hours of 7:30 -9:00 am and 3:00-4:30 pm, the speed limit is reduced to 25 miles per hour.  In the last week, since school has been in session, I have had drivers race up to my back bumper and tailgate me from three feet behind, honk at me, yell at me and give me the finger,  as he raced around me on the right, all because I was travelling at 25 miles per hour for 2 blocks.  I know these people feel comfortable being that aggressive within the anonymous protection of their air conditioned womb, but I wish, just once we could all have a “It’s a wonderful Life” moment.  I wish that each one of these drivers could feel what it is like to stand over the bed holding the broken body of a child, their child, run over by a driver who wanted to get someplace three minutes faster.  I wish they could feel the agony of dropping that rose on the casket of their child as the most precious gift in their lives turns to dust.  I wish they could be that person on the side of the road tending a memorial to what they have lost.  I wish they could be awakened in the middle of the night to the cries of pain and need because the little body in the next room can no longer walk to go to the bathroom and needs help with taking care of the ordinary activities of living, like making it to the toilet on your own without having an accident.

 I wish Clarence, the Angel, could be with them as they realize the horror they feel when they realize that it was their own lack of caring for the welfare of others that has inflicted these agonies upon them.  Clarence would point out, as they are screaming, “No”, that it is their face upon which they must look as blame is being assessed and meted out.  I wish I could be there as Clarence takes each of them into his arms and comforts them.  Clarence will ask, “Do you believe in the sanctity of life?” and they will sob “I do”. Clarence will ask, “Do you understand the searing pain you cause when you think of no one but yourself?” and they will cry out, “I do, God help me, I do!”. Clarence will ask, “What will you do now?” and they will come to themselves at the stop light, just before the school Zone, sweating and shaking and sobbing, but they will know that honoring the safety rules designed to protect our children is their duty.  They will thank the Lord it was a dream, and smile at the faces of our children from 25 miles per hour and get where they are going three minutes later.

As I was driving home, the other day, from our Personal Injury law firm, I saw a site that never ceases to amaze me.  I was stopped at the intersection of Delaware Street and Fall Creek Parkway on the near north side of Indianapolis.  I was the first car at the intersection waiting for the light to change.  The speed limit on Fall Creek is in the 30-45 mph range. A pickup truck was travelling east on Fall Creek.  In the bed of the truck, sitting on camp chairs, You know the type-cloth with a metal frame that squeeze shut and fit into a small bag, was what appeared to be a grandmother, and two small children.  Their hair was blowing and their faces were impassive, as if this was the most common thing in the world.  Of course the children do not know what danger they are in, but the driver and the grandmother must know the danger, and yet they apparently do not care.

While riding in a car or truck, a person is travelling at the same speed as the vehicle.  If the vehicle has to make a quick stop, the people in the bed are going to keep moving because they have no brake (ie the seatbelt). So they either fly out of the truck bed or they hit the truck itself.  A quick stop is the least dangerous action, and it can result in death or serious personal injury, so you know all the other actions, (hitting another car, swerving, rolling) can only lead to worse results.  Ejection from a vehicle almost always lead to serious personal injury such as brain injury, broken bones, spinal cord injury and paralysis, amputations and wrongful death.  The only way to avoid such results is to not ride in the bed of a pickup.  Do not allow your friends or family to do it.  In this instance an ounce of prevention avoids a lifetime of whoa, or worse yet wrongful death.

 As your Indiana Serious Injury Lawyers, we at Young and Young want you to talk with your kids about horseplay. Horseplay is any action of a passenger or passengers, that distracts the driver of a car.  Horseplay can be as dangerous as drunk driving.  The reason we have drunk driving accidents is because the driver’s reflexes are too slow and their thinking is impaired.  We have talked quite a bit about the dangers of drunk driving and drunk driving accidents.  A car can be, in the hands of a driver who is not fully attuned to the road, a dangerous machine.  Passengers, do not take actions that will demand the attention of the driver away from the road.

 A collision in Noblesville, over the holiday weekend, is more evidence of the dangers associated with distracting a driver. Nicholas Killinger was northbound on Ind. 37, just south of 206^th street, when he was distracted by a passenger.  Killinger’s pickup truck crossed the center line on collided head-on with a Kia Spectra driven by Daniel Stone.  Daniel Stone, and his passenger, Lisa Stone both suffered wrongful death as a result of Mr. Killinger being distracted. Mr. Killinger’s passengers were seriously injured in the accident. 

Anything that distracts a driver away from their duty of operating a car safely must be avoided. Other examples of common distractions include texting while driving, driving while talking on the cell phone, reading anything such as a map or a paper, the list goes on and on.  If you must do anything that will take your attention away from the road, please pull of the road to a safe location and take care of your business.  After you have safely concluded your work, drive again.  Parents, please have this discussion with your children.  Children, please have this conversation with your parents and your friends. We all want to get where we are going safely.  Avoiding distracted driving will help us all.

It is a common headline, but when it is somebody famous the point is publicized more. “Jackass” star Ryan Dunn died in a fiery car crash in suburban Philadelphia early Monday morning. Of the more shocking details of this crash include that Mr. Dunn texted a picture of himself drinking not long before the crash, the car left over one hundred feet of skid marks, the car was unrecognizable, for a while the damage left the passenger unrecognizable, the car was travelling well over one hundred miles an hour.  Speed Kills.  It causes wrongful death and spinal cord injuries, paraplegia, and brain injury, broken bones and leaves families shattered.

It robs us of so much.  Where is James Dean, Princess Diana and Harry Chapin?

Speed does not just kill famous people.  Our hearts go out to the parents of two young men killed in Muncie, Indiana where authorities believe speed cost the young men their lives. Myles Swoboda, and Jake C. Monroe both suffered wrongful death in a crash involving speeds in excess of 100 miles per hour.

Parents, share these stories with your young drivers, it may save their lives.

Often when someone is injured in a crash or by some other method as a result of someone’s negligence the insurance carrier for the party at fault will come in early and offer a small settlement in exchange for signing a “release”.  An injured person who signs the release gives up all of their rights regardless of how seriously they are injured. It does not matter how many medical bills you have or future medical bills you might have because  a release stops all responsibility on the party at faults behalf. It is not unusual for someone to come to our office after learning that they are hurt worse than they originally suspected. They might have future medical bills and lost wages that they did not anticipate when they signed the release. The reality is that when they sign the release they lose the right to seek fair compensation. You should never sign a release until you are released from you doctor after a thorough examination and period of time to make sure that you are not more seriously hurt that anticipated. Another problem with signing a release it that you might limit or stop your own health insurance companies duty to pay bills if you release the wrongdoer.  You can even limit , reduce or eliminate your ability to make a claim under your uninsured or underinsured motorist coverage if a release is signed too early and without the proper steps being followed. It is always best to consult with a lawyer familiar with this area of law before signing on the dotted line. It is often too late when you come to a lawyers office with a signed release in hand.

The roads are not reserved for the two four wheel variety of transportation. Now that the warm months are upon us, we are seeing more bicycles and motorcycles sharing our roads.  This recognition is the first essential in helping to protect our two wheeled Hoosiers.  Cyclist are not generally as visible as a car.  So, all drivers must keep in mind to be on  the lookout for them.  Keep in mind that if you hit a cyclist and cause serious personal injury, such as a spinal injury, paraplegia, broken bones or even wrongful death, you may not be able to forgive yourself.  Knowing that you have interfered with a fellow Hoosier’s ability to work, earn a living and support their family is a heavy burden.

Sue Ann Vanderbeck is struggling with the guilt and consequences of her negligence this very moment. (Remember, negligence is the failure to use reasonable care, in other words to be on the lookout for a cyclist and avoid impact).  On September 30, 2010, at about 12:30 a.m. Mrs. Vanderbeck struck a police officer on a training ride on U.S. 40 west of Knightstown, IN.  She left the scene.  William Phillips suffered wrongful death as a result of her actions.  I am certain that not a moment goes by that Mrs. Vanderbeck does not wish that she could change the events of that night and let Officer Phillips return to his family. Unfortunately for all involved, that is not possible.

Take a lesson from the tragedy of Officer Williams and Mrs. Vanderbeck, keep an extra sharp lookout for cyclists sharing the road.  An ounce of prevention prevents a lifetime of guilt, grief and loss.