Category: Car Accident

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!

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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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.

On 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

Fellow 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.

At Young and Young, we work very hard to be the best Indiana Serious Injury lawyers we can be.  Serious injuries arise from serious accidents.  If you or a loved one is involved in a serious highway accident, drunk driving accident, big truck accident, construction accident, or any other serious accident, we know the medicine and know how to aggressively represent your interests.

We want to take a minute, in these days of danger and concern, to send out our thanks to the family and colleagues of IMPD Officer David S. Moore.  Thank you Officer Moore for dedicating your life to the protection of Hoosiers living in Indianapolis.  Thank you for your bravery.  Thank you for your selflessness.  We  want you to know that we support your family and your fellow employees on the IMPD.   For those who survive Officer David S. Moore, please be careful, thank you for your hard work.  We all sleep better because you are willing to stand between us and those who would do us harm.

Along these same lines, we have noticed a troubling lack of empathy in our society.  Empathy is the ability to understand the situation of a fellow human being.  It is not sympathy, sympathy allows us to feel sorrow or pain when another is dealing with a loss.  We see this lack of empathy all around us.  We see it when someone walks across the street despite the other person having the right of way.  We see it when someone throws their trash on the street, for others to have to look at and pickup.  We see it when a drunk gets behind the wheel and places everyone else on the road in danger. We see it in a felon with a gun taking the life of an officer because the felon does not want to get caught.  The sad part about this lack of empathy is that it is a learned behavior.  It can be learned as a child when that child is abused.  It is learned as a child when parents do not train and guide their children. It is learned when children are shown that whatever is good for me is good, no matter how it might affect anyone else. I do not have the answer to this problem. I do know, however, that every day, I can empathize with others and show concern for their suffering.  I can be kind to others, and not always think about myself.  What is best for me is not always best, if it will hurt others. I can keep this in mind as I move through my day.

David S. Moore, thank you for living this truth.  May God hold you in the palm of his hand.

The Indiana State Police warn that snow and ice don’t cause crashes… but rather driving behavior causes crashes.  Old man winter is dishing out more than a fair share of snow , ice and cold for us this winter and there are a few things the state police recommend to help safely travel in these conditions.

You should be prepared. First,  you should check the forecast and let someone know your route before traveling. Next, you should keep your gas tank full.  You should also carry a winter driving kit.  This should include blankets,flashlight and extra batteries, a brightly colored cloth, sand or cat litter, a shovel, candle, matches, non-perishable high calorie food, a first aid kit, jumper cables and a cell phone(preferably with a car charger).

You should also drive according to the road conditions. You should allow extra time to get to your destination.You should clear all windows of ice and snow, including removing snow from the hood, roof and all lights, including both headlights and taillights. Take added care at bridges,underpasses,shadowy areas and intersections ,where ice is slow to melt. It is wise to slow down to increase traction and don’t use your cruise control on slick roads. The use of low beam headlights decreases the glare from ice. You should avoid abrupt stops and starts. It is better to slow down gradually and keep your wheels turning to avoid losing traction.

If you become stranded don’t leave your car as it is the best protection you have. You should tie a brightly colored cloth to your antenna to alert your need for help. Rolling down a window a little amount lets in some fresh air. You should keep the exhaust pipe free of blockage to prevent carbon monoxide poisoning .  It is important to not panic.  A car idling only uses a gallon of gas per hour.

Statewide road and weather information can be gained by calling 1-800-261-7623 or visiting INDOT’s website at TrafficWise.IN.gov.

To avoid traffic accidents, Indiana motorists need to drive defensively and generally be wary of other cars on the road.  Hoosiers concerned about roadway safety should also keep in mind that it is now deer migration season. Last year, there were about 16,000 car wrecks involving deer in the state; so far this year, about 7,000 have occurred.

According to the Indiana State Police and others, here are some safety tips for avoiding encounters with the deer population:

• drive cautiously during early morning and evening hours which are prime time for deer
• stay alert in deer-crossing zones
• use high beams when there is no oncoming traffic–high beams reflect in the eyes of a deer
• slow down if you see a deer, and remember they often travel in herds
• If you hit one, stay in your car and call police
• always wear your seat belt

Deer accidents are not exclusively a rural phenomenon. Many deer crashes occur on busy highways,   but they also occur in woodland and parkland areas and near golf courses an  streams.

The ISP adds the following recommendation: “Drivers should watch approaching vehicles to see if what interrupts their headlights beams could be a passing deer. This technique allows extra time to slow your speed and be alert for the deer.

License Plate Scanners Are Being Tested To Help Prevent Crime

The Indianapolis Metropolitan Police have deployed new technology for finding car thieves, motorists leaving the scene of a traffic accident, and other wanted persons: License plate scanning.

How Do the License Plate Scanners Work?

According to IndyStar.com, the technology is a police cruiser-mounted camera  that can take a picture of a license plate and then automatically run it through a crime database. The technology will then alert the officer in the patrol car if owner of the plate is wanted on an outstanding warrant or if a vehicle in question itself has been reported stolen. The technology apparently can scan multiple license plates in all directions for hits at the same time as the squad officer drives through an area.

How Many Police Vehicles Are Using This Technology?

So far, only five patrol cars have been outfitted with the expensive cameras but the officials hope to get federal funding for more. Each camera is mounted either on the bar that holds the overhead lights or on the trunk of the police car. The technology is already is in Cincinnati and Detroit.

The technology could also in some circumstances wind up cutting down on high-speed police chases, which can occur after hit-and-run highway accidents,  and which sometimes can unfortunately result in follow-up injuries to officers and other citizens.

We’ve blogged previously about the shared responsibility for defensive driving on Indiana roads. Defensive driving is essentially operating your car  in a manner that anticipates the actions, reactions, and mistakes of others sharing the road with you.

Although we have no control over the behavior of other motorists, defensive driving is a way to make a good faith effort to avoid accidents. if we all work together, the roads will be safer, with the less likelihood of a vehicle accident.

Courtesy of the Indiana State Police, here are a few tips for defensive driving especially as summer ends and we head into the adverse weather season:

• wear your safety belt at all times
• don’t tailgate–always leave a safety cushion of at least two car lengths per 10 mph that you are traveling
• when braking on ice, apply gentle but firm pressure without locking brakes
• watch for pedestrians–poor visibility and slippery conditions provide hazardous walkways and crossing
• anticipate the actions of others
• to regain control during a skid, release brakes and gently steer the car in the direction of the skid.

The summer does seem to fly by, doesn’t it? The ISP also says that the fall is a good time to refill your antifreeze, check your brakes and battery, replace wiper blades, and refill washer fluid if necessary.

If you have been injured in a road accident despite your best efforts at defensive driving, contact the Indiana personal injury lawyers at Young and Young in Indianapolis. We stand ready to help with 55 years of experience.

As Indiana Injury Attorneys, practicing out of our Indianapolis offices, we are very concerned about the use of cell phones and driving.  Cell phone use is an increasingly common cause of accidents by young drivers.  However, this problem is not just limited to the young.  As the cell phone distracts the driver, it matters not their age or experience level, if the driver is distracted, problems occur.  Anecdotally, I ride my bike to work several days a week.  My route takes me six miles along roads that have only marginal traffic flow.  I do this on purpose so as to not interfere with drivers, and to not place myself in danger from those drivers.  From the perspective of my bike, I see a lot of driver mistakes being made.  Most, fortunately have not ended in collisions, but some have.  Of all the mistakes I have seen, most of the drivers are talking on a cell phone.  In fact, that is so common, I am now surprised when I see a mistake and the driver is not talking on cell phone.

Newer cars and phones have blue tooth accessibility.  If the car does not have Bluetooth, an ear piece can be used.  Is this use of a cell phone safer while driving? A University of Utah study demonstrated that “[b]oth handheld and hands-free cell phones impaired driving, with no significant difference in the degree of impairment.” Reference the University of Utah News Center, “Drivers On Cell Phones Are As Bad As Drunks”, (2006), www.unews.utah.edu/p/?r=062206-1.    The study found that drivers on cell phones are slower to engage the brakes, were less inclined to maintain proper following distances, and were more likely to crash.   The National Safety Council issued a white paper in 2010 indicates that talking on a cell phone, whether handheld or hands-free, increased the risk of accident four fold.

As Indianapolis Accident and Injury Attorneys working all over the State of Indiana for Hoosiers seriously injured by negligent drivers, we are very concerned about the dangers that cell phone use while driving creates.  We have seen, firsthand, Hoosiers dealing with spinal cord injury, paralysis, broken bones, brain injury, amputations, all because the driver was distracted by cell phone use.  The Utah study likened the distractions caused by cell phone use to a drunk driver causing a drunk driving accident with a blood alcohol level of .08, the legal limit from driving while intoxicated.

Be careful out there.  Get off that cell phone while driving.  Your child wants you home safe, and all the others human beings on the road want to get home safe to their families.

Many Hoosiers will be sharing the roads with other travelers during the Labor Day holiday as the long weekend marks the unofficial end of summer. Indiana State Police will deploy extra patrols as part of the federally funded Operation CARE (Combined Accident Reduction Effort).  

Troopers will specifically look for motorists who speed, follow too closely, make unsafe lane changes, drive aggressively, and fail to buckle up or to use seat restraints for young children.  Patrol units will also be on the road looking for violations by commercial trucks drivers.

Another reason to stay vigilant behind the wheel and drive defensively: construction projects will continue to operate during the holiday weekend in Indianapolis and surrounding areas.

Here are some additional safety tips from the ISP that will allow you to do you part in minimizing the possibility of a road accident:

• Make sure you are well rested; a fatigued driver is a dangerous driver
• Avoid tailgating; increase your following distance between vehicles
• Buckle-up
• Let family know your route of travel and have your cell phone charged
• Avoid drinking alcohol and driving

The accident attorneys at the Indiana personal injury firm of Young and Young in Indianapolis wish everyone a safe and happy holiday weekend.

Local media reports that a Brazil, Indiana, teenager was injured in a one-car traffic accident on State Road 46 near Bowling Green yesterday morning.  The driver apparently became distracted while reaching for a cell phone, lost control, and struck an embankment and then a culvert.  First responders extricated her from the vehicle; the teen was then transported to the hospital and later released. Fortunately for the driver, the injuries (lacerations, contusions, and chest pain) do not appear to be serious.

We’ve previously blogged that cell phones in cars can be the perfect storm for inexperienced and sometimes reckless teenager drivers who have a tendency to wind up in a car wreck. In fact, cell phone use and texting is illegal in Indiana for drivers below age 18.  In this an instance, it should be noted that the driver was in danger by merely looking for the phone and wasn’t even using it. As we’ve pointed out, defensive driving means being alert behind the wheel at all times and staying away from wireless devices. Distracted driving can be a huge risk factor in a fatal accident.

The Indiana State Police reminds motorists of all ages that cell phone use while driving is inherently dangerous and should only be used in emergency situations. Roadway safety for the entire family is something to keep in mind as we approach the long Labor Day weekend.

A local Indiana media outlet is reporting that an 18-year-old man avoided serious injury despite being in a car-minivan accident westbound on the Indiana Toll Road. The accident occurred on Monday afternoon near the S.R. 19 overpass in Elkhart. The driver may have fallen asleep, according to the media report and perhaps as a result, his car struck the minivan. The minivan went off  into a ditch but the minivan operator was unhurt. The car, however, flipped and burned, although the driver fortunately escaped with minor burns. The car was a total loss.

In June, we blogged about a Virginia study suggesting that sleep deprivation may be a factor the high rate of teen traffic accidents. Police are investigating this incident, and it  remains to be seen if the driver in this case dozed off.  As another common-sense principle, drivers should never get behind the wheel if they are having a hard time keep their eyes open.

Leaving aside the age of an offender, if you or a loved one have been seriously hurt in a traffic accident on Indiana roads owing to the actions of a reckless, impaired, or negligent driver, please contact the Indiana personal injury lawyers at Young and Young to obtain full information about your legal rights to recover money damages in civil court. With 55 years of experience, we stand ready and able to help you make the person who caused the harm to fully compensate you for that harm.

With the school year about the start,  safety concerns for new and returning students comes to the forefront. For one thing, it won’t be long before your nearby school bus stop will be crowded with kids waiting for transportation.  In a previous blog entry, we noted that to avoid traffic accidents involving school children, police are reminding motorists of all ages to exercise caution when traveling on school bus routes and through school zones.

It might also be a good time for parents with younger children who will be riding the school bus, perhaps for the first time, to go over some basic bus stop safety rules. The Indiana State Police offers the following dos and don’ts to pass along to your kids:

• – Don’t run around or play games while waiting for the bus to arrive
• – Stand well way from the roadway until the bus comes to a complete halt
• – If your children must cross a street to board a bus, urge them to make sure
•   traffic in both directions has come to a stop before stepping into the roadway
• – A child should never try to retrieve any item they may have dropped while
•   boarding or exiting the bus. Instead, inform the bus driver what happened. Make
•   sure the bus and/or car traffic has moved on and it’s clear to enter the roadway.
• – Younger children should have an older student or adult retrieve the article.
• – Children should secure loose drawstrings and other objects to avoid  getting them
•   caught in the handrail door of the bus they are exiting.
• – Once on the bus, children should behave appropriately and keep aisles clear and
•   remain seated until the bus arrives at its destination

The Indiana personal injury law firm of Young and Young wishes you and your family a very productive and safe school year.

The summer seems to go by fast, doesn’t it? Schools in some parts of Indiana will be back in session as early as next week, with the resulting increase in car traffic (and the possibility of a road accident) in the morning and late afternoon. Avoiding any kind of traffic accident should be on your back-to-school list.

With that in mind, state and local police are reminding motorists of all ages to exercise caution when traveling on school bus routes and through school zones. Drivers should be particularly alert in case a child darts out into the roadway. The Indiana State Police particularly warn that traffic in both directions must stop for the extended “stop arm” on the school bus while it loads and unloads children. Remember that this also includes traffic in all lanes in both directions on multi-lane roadways unless there is a physical barrier, a median, or a diving section constructed to impede vehicular traffic.

According to the state police, anyone who sees a motorist disregarding a school bus stop arm or other forms of reckless driving behavior around school buses or school zones should try to note the license plate number and vehicle description (and driver description if possible) of the vehicle in question, and then call the police.

In a subsequent post, we’ll pass along some safety recommendations for students on their way to school, especially for if you have kids that might be riding the school bus for the first time.

Teenagers and cars can be risky business, even under the best of circumstances.  But it’s perhaps the worst of circumstances, i.e., when alcohol is involved, that highway safety for all concerned could be most compromised. The  inexperience of teenagers with the effects of alcohol, their fearless and/or reckless attitude towards real danger, and their skills (or lack thereof) with the operation of the vehicle  in general becomes  a potent combination for real trouble on Indiana roads and throughout the country.

According a study by the National Cooperative Highway Research group, young drivers continue to die on the roads at higher rates than any other age group. The good news is that young driver fatalities decreased 36 percent in our state in 2009. About 48,000 young drivers were involved road accident collisions in Indiana in 2009.

The study identifies five contributing factors for teens and car wrecks:

• Among 16 year olds, the risk of  a fatal crash is about three times higher after 9 p.m. than during the day
• Alcohol-related crashes increase from low rates among those age 16 to a peak for drivers in the 20-to-24 age group
• Drivers 18 and older are more likely to not live at home, resulting in more time spent behind the wheel and with fewer “protective constraints” on their activities
• While 15-to-20 year old cohort represent about 8 percent of the U.S. population and about 6 percent of licensed drivers, they account for about 14 percent of the drivers involved in a fatal accident
• Younger drivers (especially ages 16 and 17) are responsible for a larger number of passenger injures and fatalities per crash than more experienced drivers; more than 50% of all fatalities occur when there is no adult in the vehicle.

The Indiana State Police advise parents of younger drivers to always find out where their children are going, who their passengers are, and when they will return home. The ISP adds that young drivers should carry full charged cell phones for emergencies (but don’t use them while driving) and make sure to use their seatbelts.