Category: Car Accident

This blog has previously discussed the clear and present danger posed by intoxicated teenagers who get behind the wheel. Minors have less driving experience, and this lack of experience means less ability to control a car in an emergency. Mix in alcohol, wherein the reaction time is slowed and their bravado might be increased; this lack of concern for dangerous conditions grows–and you have a recipe for disaster.

In a new study, a traffic safety research organization claims that the steady increase in nighttime highway accident fatalities among teen drivers nationally over the past ten years comes more from distracted drivers rather than drunk drivers. All this is happening while overall highway fatal accidents are on the decline, although drunk driving fatalities are apparently increasing for the 20-and-0ver cohort.

A senior research engineer for the Texas Transportation Institute, the study’s author, explained  that nighttime driving is the most common, documented factor associated with crashes involving young drivers. Other factors include darkness, slow response time because of fatigue, and–as we noted above–lack of experience driving under adverse conditions. Additional variables include other minors in the car, speeding, not buckling up, and of course, alcohol. But cell phone use appears to be the major risk factor.

“Being on a cell phone behind the wheel impairs our driving ability,” the engineer said. “When you add the nighttime danger, you create the perfect storm, and that storm is much more severe for young drivers, largely because of their lack of driving experience.”

The report concludes as follows:

The findings of this analysis suggest that alcohol is contributing to an increase in nighttime fatal crashes involving drivers age 20 and older. However, the same is not true for teenage drivers, suggesting that factors other than alcohol are responsible for the trend of increased nighttime crashes for teens…However, it is cell phone use – propelled by rapid technological advancement and increased affordability – that is likely the most notable new driving risk factor for contemporary teens.

To read the entire report, including statistics for Indiana, visit the Texas Transportation Institute’s website.

John P. Young is your Indiana Injury Attorney. Mr. Young has been an Indiana Injury Attorney practicing in Indianapolis for more than 22 years. At Young and Young we work only for Hoosiers who have been severely injured. We handle injury cases arising out of car crashes, highway accidents, semi tractor-trailer accidents, drunk driving accidents, construction accidents and all other types of accidents. In the 56 years Young and Young has been working for injured Hoosiers and their families, we have come to know and understand the medicine of severe injuries. We represent Hoosiers with severe injuries including, but not limited to, broken bones, amputations, burns, brain injuries, wrongful death, spinal cord injuries with paralysis and virtually all other severe injuries.

In previous blogs we have discussed topics of interest to Hoosiers who have been injured by another person’s negligence. We would like to follow up with a few accidents we have been following and then turn to what we believe is encouraging news.

Regarding the very sad story of the three Carmel teens out joy riding in one of the teens father’s car, running from police and crashing, causing the death of his two friends, things are moving forward with criminal charges against the surviving teen. The teen, who has not been identified because he is a minor has been charged in the incident as a minor. The charges include fleeing law enforcement resulting in death and involuntary man slaughter causing death. We want the public to know that apparently this young man did not flee the scene leaving his friends to die, as was originally reported. The young man sustained severe burns upon exiting the vehicle. It was unlikely that he could have done anything to save his friends. This is not to excuse his actions. We believe he should be made responsible to make up for the harm he caused to the fullest extent. However, he is a human being and deserves the benefit of the doubt in these criminal proceedings.

The Man who intentionally ran over a mother and daughter who were collecting money for the Indiana School for the deaf is now claiming he was delusional at the time he acted. Derek Dewitt claims to have seen something evil when he swerved and hit the two women.

In a bright spot, Hoosiers are buckling up. The Indiana Department of Transportation estimates that 93% of Hoosiers are buckling up. Keep the good work, all.

John P. Young is your Indiana Truck accident lawyer. Mr. Young practices truck accident Injury law out of Indianapolis. Mr. Young’s practice includes all highway accidents including semi tractor-trailer accidents, large truck accidents, bus accidents , motor cycle accidents and car accidents.

On May 23, 2010, an Franklin Township firefighter died in a truck accident. The accident occurred on the near south side of Indianapolis, on Madison Avenue. For reasons not clear, David Joseph Newsome was travelling at a very high rate of speed when he lost control of his truck, hit another car, hit a utility pole and slammed into a building. Although there were folks in the building, no one was seriously injured. The collision cut a natural gas line, but the utility quickly closed off the leak.

In another reported collision, a 15 year old girl was reported to be in critical condition from injuries received in an accident in the 5000 block of 56th Street near Kessler Blvd, East Drive. Unfortunately the girl was standing in the median, working to collect money for the Indiana School for the deaf where the young girl was a student, when a man intentionally swerved into the median to strike the girl and her mother.

If you or a family member are injured in a truck accident, call John P. Young right away. Mr. Young guarantees there will be no fee unless fair compensation is collected for you and your family. You can contact Mr. Young toll free at 1-888-639-5161 or on the web at john@youngandyoungin.com. There is no charge for our initial private consultation.

An Indianapolis jury today found a 20-year-old driver guilty of  six felonies arising from a December car crash that tragically took the life of three young friends who were passengers in his vehicle. The motorist was convicted on three counts of reckless homicide and three counts of operating a vehicle while intoxicated, causing death. Although the man denied being intoxicated at the time of the accident, he did admit drinking alcohol and smoking pot on the night of the crash.

According to news media accounts, on the night in question, the motorist was operating a Chevy Blazer about 60 mph in a 35-mph zone on Moller Road when he crossed over the center line and smashed into a tree. His BAC tested negative afterward, but that apparently was hours after the actual crash by which time he could have sobered up, according to trial evidence.

Sentencing is scheduled for May 26. He could receive up to 24 years behind bars. The man also could face a wrongful death civil lawsuit for money damages from the victims’ families.

If you or a family member have been injured in a car accident owing to the negligence or recklessness of another driver, or by a drunk driver, it is important to retain legal counsel with the experience and skills needed to obtain full compensation for your injuries in civil court. The accident lawyers at Young and Young in Indianapolis have represented thousands of Hoosiers with serious auto accident injuries. We have more than 55 years of Indiana personal injury experience waiting to help.

A public service announcement in heavy rotation on the radio dramatizes a the angst of a young drunk driver in the emergency room while doctors try to administer to his severely injured girlfriend. When it involves the triple threat of young adults, cars, and alcohol, life has a way sadly and tragically of imitating art.

According to local media,  a 21-year-old motorist who was driving drunk  at speeds of about 80 mph pl0wed into a residence in Zionsville, Indiana, on May 8 after running a stop sign. The driver’s girlfriend, a backseat passenger, died in the crash, while another passenger was injured. The homeowners were trapped in the rubble before being rescued.

After the driver, who has a one-year-old child with the deceased woman, was released from the hospital, he was taken into custody by the local sheriff’s department. The motorist is facing ten charges in the fatal accident, including reckless homicide and DUI. He is being held in Boone County Jail on a $25,000 bond. He apparently registered a BAC of 0.19, more than twice the state’s legal limit.

When it comes to new or relatively new drivers–or anyone with a license for that matter–the only sure way to avoid being a drunk driver is to never drive after you have been consuming alcohol.  For parents, please teach your children this truth; it may save their life and the lives of innocent Hoosiers and their families.

If, on the other hand, you or your family has been victimized by an intoxicated driver, please be aware that the accident attorneys at Indianapolis law firm of Young and Young work hard, using the civil justice system, to force drunk drivers to fairly compensate innocent drivers and passengers for the harm they caused. Contact our office today for a personal, no-cost consultation. We stand ready to help.

It’s prom season in Indiana and around the country.  Most parents are well aware that 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 inexperience with the operation of the vehicle is a potent combination for real trouble on Indiana roads and throughout the country. Perhaps for this reason, three U.S. senators are co-sponsoring a bill that would establish the same licensing requirements for teenage drivers across the country regardless of jurisdiction, including raising the legal driving age.  Currently, each state establishes its own rules for drivers under 21.

The Safe Teen and Novice Driver Uniform Protection (STAND UP) Act–a one-size-fits-all measure–would strengthen safety on U.S. roads, according to its sponsors.  If enacted, the STAND UP law would establish a three-phase licensing process–learner’s permit, intermediate stage, and full non-restricted license. This is also referred to as a graduated driver licensing (GDL) program. According to USA Today, “There is little debate about the effectiveness of good GDL programs on highway safety. States that impose major restrictions have seen crash reductions of 10%-30%.”

The intermediate stage (a minimum of six months), which begins when the new driver’s learner’s permit expires, would remain in effect until the driver is 18 or older.

The law would also mandate the following:

• Learner’s permits issued at age 16 or older (rather than 14 or 15), and non-restricted drivers licenses issued at age 18
• Prohibit night driving during stage one and two
• Prohibit the use of wireless devices during stage one and two except in emergencies
• No more than one non-family member under the age of 21 may travel with driver operating on a learner’s permit, unless a licensed driver over the age of 21 is in the vehicle

States that decline to comply with the law would risk losing federal highway safety funding. With all the issues percolating on Capitol Hill right now, however, it remains to be seen if Congress will give serious consideration to this measure. Opponents claim it would infringe on the rights of states to enact driving requirements unique to each state’s needs.

Back in late March, a highway construction worker was killed by an alleged hit-and-run, drunk driver on I-94. Tragically, a similar ghastly highway accident has happened again. On April 30, a midnight shift construction worker was filling cracks  along westbound I-94 near Burns Harbor, Indiana, when he was run over by a motorist making an illegal U-turn and who then fled the scene. The worker, of Michigan City, Indiana, later died at Loyola University Medical Center. Police arrested the driver, age 21, of East Chicago, Indiana, a few hours later.  According to press accounts, the driver admitted that he drank too much while bar hopping that night. His blood alcohol content apparently registered a .124, well above the legal limit. Prosecutors have charged the man with five felonies.

Time and again, intoxicated motorists on Indiana roads cause serious injuries to other drivers and passengers such as amputations, paralysis, spinal cord injury, paraplegia, quadriplegia, brain injury, broken bones, and as in this case, a fatal accident. Based on our long-term legal representation of accident victims, we know that drunk drivers can devastate Hoosier families.

If you or a family member have been injured in a car accident by a driver operating a vehicle while under the influence of alcohol and drugs, it is important to retain legal counsel with the experience and skills needed to obtain full compensation for your injuries. At Young and Young in Indianapolis, we have represented thousands of Hoosiers with serious auto accident injuries. We have more than 55 years of experience waiting to help.

Apart from the potential penalties imposed by law, common sense tells us not to drink and drive. Alcohol slows reaction times, impairs judgment, and leads to highway accidents. But if you happen to watch the popular TV show “Cops,” you also  know that it’s never a good idea to run from the police regardless of the circumstances (such as a long rap sheet or outstanding warrants).  Last Thursday night, a local man with four priors for drunken driving found that out. He led police on a pursuit where he weaved in and out of cars at up to 130 mph before losing control of his vehicle. According to the Indianapolis Star, he “crashed his red 1995 Mercedes at the split where eastbound I-70 meets northbound I-65 at about 11 p.m. Thursday. Police said the car drove into a ditch before going airborne over I-65 and landing at the bottom of a ravine.” Although he wasn’t buckled in, the man managed to avoid serious injury. Apparently no other vehicles were involved fortunately. The motorist submitted to both a breath and blood test after the accident. Police have charged him on a preliminary basis with operating a vehicle while intoxicated, reckless driving, felony operating a vehicle as a habitual violator, and criminal recklessness. Police indicated that the motorist was already designated as a habitual traffic violator for life under Indiana law (which could mean a lifetime license suspension) and possible jail time if found guilty in criminal court.

Drunk drivers on Indiana roads can cause serious injuries to other drivers and passengers such as amputations, paralysis, spinal cord injury, paraplegia, quadriplegia, brain injury, broken bones, and even wrongful death. The role of the civil court is to compensate victims for their injuries in these incidents by providing a forum for seeking money damages from offender. If you or a loved one have been seriously hurt by a driver under the influence, please contact the personal injury lawyers at Young and Young in Indianapolis. With more than 55 years of experience, we stand ready to assist.

John P. Young is your Indiana Injury Attorney. We have 22 years experience in matters involving personal injury.  We represent Hoosiers injured in highway accidents, semi tractor-trailer crashes, motorcycle accidents, car accidents, drunk driving accidents and crashes, construction accidents and more.  We deal with only serious personal injury including broken bones, spinal cord injury with paraplegia and quadriplegia, wrongful death, blindness, amputations. Today I would like to discuss bicycle safety.

I ride my bike to work two to three times a week.  The only time I won’t ride is when there is snow and ice on the roads.  I ride for a couple of reasons.  When I finish my ride to work and sit down at my desk my energy level is high and I feel alert.  I guess it is because of the fresh air and the heart pumping.  Whatever it is, it is better than coffee, no kidding.  I like to think riding is a green action I can take to make the world a better place for my children  and yours.  I think I am keeping my weight under control, but I should also do a few push aways from the table.

A few of the things I notice that can help people be safer on bikes include wearing bright clothing and having a front and rear flasher on your bike or clothes.  The key to avoiding injury is being seen by cars.  You would think in bright sunlight it would be easy to see a full grown man on a bike, but it isn’t.  Riders should go out of their way to be seen. Wear a helmet.  Most of the time we are in control on the bike, but in an instant that can change.  When it does, we may no be prepared and go over the handle bars.  If that happens it is likely we are going to hit our head on something.  An unprotected head is an easy target for brain injury.  Your brain is slammed as hard as your head is.  As your brain is really mostly like jello, it can be easily injured.  The brain injury can leave permanent life altering damage.  A helmet is an inexpensive way to minimize (not eliminate) the danger of a brain injury.

Always ride with traffic.  This seems to be a point of confusion.  Walk against traffic, ride with traffic.  This allows people who are turning from side streets into your path to more easily see you.  This is because they are looking for cars and while they are doing this they will likely see you.  If you are riding against traffic, the driver will look in the opposite direction of the way you are coming last, to avoid the car that might hit them. This is especially true on one way streets.

Finally, watch out for drivers talking on their cell phone.  Of the multitude of things on that drivers mind, you, on your bicycle is one of the last things.  You watch out for them.  They already are demonstrating an extremely careless attitude about their own safety and the safety of other drivers on the road.  Of all the dangerous things I have seen happen on the road in the last four years of riding my bike to work, most (say around 75%) have been done by people driving and talking on their cell phones.

Enjoy your ride, be safe.  If you are injured by another’s negligence while you are riding, call John P. Young for your personal, confidential and no charge consultation.  You may reach Mr. Young toll free at 1-888-6395161, or on the web at john@youngandyoungin.com.

John P. Young is your Indiana/Indianapolis Injury Attorney.  Young and Young has served injured Hoosiers and their families since 1954.  The Young family has had a member of the family practicing in the Indianapolis Metropolitan area for more than 106 years, beginning with Howard S. Young, Sr. who began his practice in 1904.  Over those years we have helped Hoosiers who have been injured in many types of accidents, including highway accidents, semi tractor-trailer accidents, motorcycle accidents, construction accidents car crashes, explosions, bleacher collapses, injuries from defective products.  We are a full service law firm helping disabled people obtain their Social Security Disability Benefits.

We were saddened to read about the young man who made a decision based on inexperience and teenaged judgment to take his father’s car and take his two friends for a joy ride.  As is often the case youthful indiscretion and lack of experience combined to cost the two passengers their lives.  The way we see it, the criminal justice system is not an effective tool in this case to deter future behavior.  It is a tool, do not get me wrong, but putting this young man in jail, and teaching him how to become a criminal helps no one.  Instead, the criminal justice system should ensure that he speaks to other teens and spreads the word about the dangers of making a hasty and frightful decision.  The criminal justice system can put him on probation and keep an eye on him.  Hoepfully, that young man will obtain his high school diploma, and maybe a college degree, and honor the lives of those young men in the car by making a success of his life.  Success includes living his life for others.

What part does the civil justice system play here?  As our mothers have taught us, and as this young man’s mother surely taught him, he has made a mess, it is up to him to make up for it.  This can be done by encouraging his insurance company to compensate the families of the two you men for the costs associated with their funeral and burial, and the medical bills for the treatment they may have received after the collision.  The loss of a child rates as one of the most traumatic events a person can endure.  You are not supposed to survive your children.  Though the money from the insurance company cannot bring back those young men, making sure he makes up for the harm he caused includes compensation for the loss of love and affection caused to those families.

Godspeed, young man. Honor your friends by living a courageous life. Make up for the harm you caused as best you can.

A tragic car accident in Carmel, Indiana on Friday night, April 9. A driver apparently refused to pull over when a police officer tried to stop him for speeding. He led the officer on a brief, high-speed chase, and then lost control of the vehicle and crashed into a utility pole, causing the car to catch fire. Two 15-year-old passengers were pronounced dead at the scene. The 15-year-old driver, who obviously had no business being behind the wheel, suffered non-life-threatening burns. The accident is still under investigation, and it remains to be determined the criminal charges, if any, that will be filed against the driver. Apparently the pursuit procedures involved are also being looked into. Our hearts go out to all the families involved in this horrible incident.

It’s been said by someone that an automobile is like a 2,000 pound bullet, which might be especially true in the case of an underage and/or inexperienced driver. As we have discussed previously, the criminal and civil justice system works on a parallel track in similar events of this nature. Prosecutors will attempt to impose whatever sanctions against a driver that might be called for under criminal law. The civil justice system ensures that Hoosier families who are injured on the roads receive fair monetary compensation from the responsible party or parties.

If you or a loved one have been seriously hurt in an accident on Indiana roads owing to the actions of a reckless or negligent driver, please contact the personal injury lawyers at Young and Young in Indianapolis to obtain full information about your legal rights to recover money damages in civil court.

In a previous posting, we discussed how texting and driving don’t mix, and that if the texter is a commercial trucker or bus driver, the consequences can be especially deadly. For that reason we at Young and Young applaud the permanent texting ban proposed for large truck operators and bus drivers by the U.S. Transportation Department. Interim rules prohibiting mobile texting in commercial vehicles went into effect in January, but Transportation Secretary Ray LaHood wants to make the ban permanent. The federal rulemaking initiative to do just that “keeps our commitment to making our roads safer by reducing the threat of distracted driving,” he said. LaHood’s stated long-term goal is to outlaw all forms of wireless operation on the roads.

On his blog, Secretary LaHood explains that Federal Motor Carrier Safety Administration research indicates that texting motorists take their eyes off the road for an average of 4.6 seconds out of every 6 seconds , and that at 55 miles per hour, that 4.6 seconds is enough time to cover the length of an entire football field including both end zones. “Now, imagine a truck or bus hurtling that distance at that speed with a driver whose attention is not on the road ahead. I think you can see that there would be consequences,” the secretary added.

The proposed rules for the commercial texting ban were published in the April 1 edition of the Federal Register as required by federal government procedures. The deadline for public input is May 3. To learn more about the specifics of the proposal and even to file formal comments, go to Regulation Room.

If you have been injured by a texting truck or bus driver, or even by someone texting behind the wheel in a passenger car, please call Young and Young in Indianapolis for a free consultation.  We have 55 years of experience to help you and your family obtain full compensation for  injuries caused by distracted drivers, regardless of the cause of the distraction, on Indiana roads.

It’s spring, which means that many Hoosiers and their families will be out on the roads enjoying the warm weather. It also means simultaneously (for better or worse) a lot of highway construction activity. In 1999, Indiana became the first state in the U.S. to pass a law requiring drivers to move over or slow down when approaching stopped emergency vehicles, including police cruisers on the side of the road in construction zones.

Indiana Code 9-21-8-35 Requires Motorists to Yield the Right of Way to Emergency Vehicles

Indiana Code section 9-21-8-35 requires motorists to yield the right of way (and pull  over to the side) for an approaching an emergency vehicle with flashing lights or with a siren going. On a two-to-four-lane highway, however, motorists must change lanes away from the emergency vehicle if they can do so safely. Otherwise they must slow down and proceed with caution. Violating the law could result in a $10,000 fine and a driver’s license suspension.

Types of Emergency Vehicles

In Indiana, emergency vehicles include police cars, ambulances, fire trucks, and rescue vehicles, highway incident response vehicles and highway work vehicles, and tow trucks.

Roadside Traffic Stops & Construction Roadwork Are Very Dangerous, So Pay Attention!

Apparently police statistics indicate that an officer is more likely to be run over during a roadside traffic stop than he is to be shot or stabbed. Other emergency personnel and construction workers are also at risk when motorists don’t pay attention to what’s going on around them and fail to slow down when they see flashing lights. Be careful out there!

There been many studies about the dangers of distracted driving, especially texting, but this one is particularly astounding. According to research carried out at the University of Utah, only those motorists among us who are considered “supertaskers” can safely drive and talk on a cell phone, that is, “without noticeable impairment.” And the supertaskers–those with extraordinary multitasking abilities–amounted to only a mere 2.5 percent (one in 40) of the test  subjects. This outcome seems to confirm that very few motorists can operate their vehicle and talk on the phone without being significantly distracted.

CBSNews.com explains the methodology:

In this latest study, the University of Utah psychologists analyzed the responses of 200 participants, who were first tested in a driving simulator, and then again driving while also engaged in a hands-free cell phone conversation involving word memorization and math problem-solving.

The researchers measured reactions in braking, the drivers’ following distance on the “freeway,” memory, and math computation.

Results showed that for 97.5 percent of the subjects, performance suffered across the board when both driving and talking on a hands-free cell phone.

One of the study’s co-authors commented that “Given the number of individuals who routinely talk on the phone while driving, one would have hoped that there would be a greater percentage of supertaskers.”

The full study will appear in an upcoming issue of the Psychonomic Bulletin and Review.

The issue of technologically distracted drivers is not going away anytime soon. Undoubtedly more research data will be coming, along with additional legal restrictions on mobile communications technology. In the meantime, if you or a loved one have been injured on Indiana roads by a distracted driver, regardless of the cause of the distraction, contact the personal injury lawyers at Young and Young in Indianapolis. 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.

Trucking safety is no accident.  The federal government is working hard, through the Department of Transportation Federal Motor Safety Carrier Administration.  This function is necessary because semi tractor-trailer accidents, big truck accidents and generally all highway accidents either cause wrongful death, or severe injuries.  These injuries cause hundreds of thousands of lost hours of productivity negatively impacting our economy.  On the individual scale, Hoosier families cannot earn a living, cannot educate their children and cannot purchase the other necessities of life.  As a Trial Lawyer with over 22 years experience, John P. Young has represented thousands of Hoosiers finding themselves the victim of highway accidents with severe injuries.  Mr. Young knows that the rules set in place by the FMSCA are highly effective tools to use to make those who negligently cause Hoosiers injuries in large truck accidents to make up for the harm they cause.  The FMSCA has started a new program designed to make the roads safer for both car and truck traffic.

Why is this program important? The program is important because crash data compiled by the National Highway Traffic Safety Administration indicates that the truck-involved fatality rate on the nation’s roadways declined 12% in 2008 compared with 2007, with the number of truck-related crash fatalities dropping from 4,822 in 2007 to 4,229 in 2008. Initiatives such as TACT are helping to decrease the fatality rate by making the general driving public more aware of the safe ways to interact with trucks and provide large vehicles with more room and maneuverability. To help reduce crashes and fatalities further, the Federal Motor Carrier Safety Administration (FMCSA) is working to educate motorists on how to share the road safely with commercial motor vehicles (CMVs).

If you or a friend or family member has been injured in a truck crash, call your Indiana Truck Accident lawyer, John P. Young for a free, personal and confidential consultation.  There is no fee unless we recover just and fair compensation for your injuries.  Call Mr. Young at 1-888-639-5161 or email Mr. Young at john@youngandyoungin.com.  Thank You.