Reckless, Impaired Driving Create Highway Accident Headlines

In the news: Prosecutors have charged a Hammond, Indiana man with reckless driving and leaving the scene of an accident involving death in a March 16 accident that claim the life of a construction worker.  Police say the man took off from the scene of the crash after he allegedly hit and killed a worker who was filling potholes in a construction zone on I-80/94 in the Lake County area. He was arrested the next day after calling his girlfriend on a pay phone. The motorist apparently admitted to police that he had been drinking before the early morning accident although no additional charges have been filed as yet.

Separately, a Lanesville, Indiana, woman recently entered a not guilty plea in a host of charges flowing from a wrong-way, multi-vehicle crash on I-65 in Louisville, Kentucky, back in January. According to toxicology reports, the motorist apparently registered four times the legal blood alcohol limit, and has been charged with charged with DUI, criminal mischief, operating on a suspended license, no insurance, assault, wanton endangerment and careless driving.

In highly dangerous, often tragic incidents of this nature, the legal process operates on a parallel track. Prosecutors bring criminal charges against the offender, while the victim or the victim’s family can hire a private attorney to seek money damages from the offender in civil court. A criminal conviction provides powerful evidence of the offender’s civil liability.

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 driver that operated a vehicle while impaired, 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 serious auto accident injuries. We have more than 55 years of experience waiting to help.

Indiana Governor Signs Drew’s Law Expanding Drunk Driver Sanctions

Following up a previous post, Indiana Governor Mitch Daniels signed into law the bill known as “Drew’s Law.” The measure was among 57 bills that the governor approved on March 12.

The law makes it a Class D felony to cause the death of an unborn child in a drunk driving accident. The bill is named in the memory of  Drew Steinberger, the unborn son of Danielle and Dustin Steinberger,  who was tragically killed on New Year’s Eve 2007 when the car his mother was driving was hit head-on by another driver.

The motorist of the other vehicle in this particular case was apparently believed to be drunk. Owing to a mix-up, however, authorities never took a blood sample, so there was no DUI prosecution.

The bill previously sailed through the Indiana Senate and House with no opposition. State Senator Allen Paul, R-Richmond, originally sponsored the bill at the request of the Steinberger family. A similar law is in effect in 36 other states.

Drew’s Law becomes effective in Indiana on July 1, 2010.

In addition to facing criminal charges, drunk drivers who injure other motorists or passengers can also be sued in civil court for money damages. 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. We stand ready to assist. As we mentioned in another blog entry, we keep tabs on criminal prosecutions of drunk drivers,  including convictions or plea deals, which forms crucial evidence to help you recover fair compensation for your injuries in civil court.

High-Tech Billboards–A Roadway Safety Risk?

Some highway safety advocates claim that digital highway billboards constitute “weapons of mass distraction” as potentially dangerous as cell conversations or mobile texting.

According to a recent article published in The New York Times, “These high-tech billboards marry the glow of Times Square with the immediacy of the Internet. Images change every six to eight seconds, so advertisers can flash timely messages — like the latest headlines, coffee deals at dawn, a cheeseburger at lunchtime or even the song playing on a radio station at that moment. The billboard industry asserts there is no research indicating they cause crashes, and notes that the signs do not use video or animation.”

Last year’s Virginia Tech Transportation Institute study on mobile texting focused the nation’s attention on distracted driving. Yet the Times notes that an earlier Virginia Tech study, in 2007, apparently found that digital billboards and ordinary billboards had about the same effect on motorist behavior. The lead researcher in the study now says, however, that further investigation is necessary to reach a more definitive conclusion. In the meantime, lawmakers in Michigan and Minnesota are considering temporary bans on new digital billboards.

If you have been injured by distracted motorist regardless of the cause of the distraction, 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 on
Indiana roads.

More Legal Woes For Toyota

The well-publicized runaway Prius in San Diego on Monday afternoon was more bad news for Toyota. As we discussed in a prior posting, if you drive a Toyota vehicle, please go to either Toyota’s website or the website of the National Highway Traffic Safety Administration to see if your particular model is the subject of a recall and if it is, what you need to do to protect yourself and your family.

Apart from the wrongful death and personal injury lawsuits that may arise, Toyota must also deal with the potential of a separate, huge legal liability. According to AP, “Toyota owners claiming that massive safety recalls are causing the value of their vehicles to plummet have filed at least 89 class-action lawsuits that could cost the Japanese auto giant $3 billion or more.”

In general, a class-action is a legal process in which a large group of people file their claim collectively in one (or more) cases. Often, class-action complaints are consolidated in a single court jurisdiction for judicial efficiency, and a panel of federal judges is considering such a move for the Toyota cases. AP explains that “After that, a judge will decide whether all claims filed by Toyota owners nationwide can be combined in a single legal action — known as ‘certifying a class’ — and whether the claims have enough merit to move toward either trial or settlement.”

Again, those cases involve disgruntled owners suing for economic damages based on the theory of lost value. The personal injury aspect is a separate matter. If you have been in a collision with your Toyota, and were injured, and the car rapidly accelerated or the braking system failed, give Young and Young in Indianapolis a call. Our firm can help you and your family work through all the issues you are now facing.

Indiana Drunk Driving Accident Lawyer Keeps Eye on Criminal Prosecution

John P. Young is your Indiana drunk driving accident lawyer.  Mr. Young knows that keeping tabs on the criminal prosecution of the drunk driver who caused your injuries is crucial to helping you recover fair compensation for your injuries.  Why is it so important?

We know from experience that drunk driving accidents can be devastating.  Your injuries will probably be worse if it is a motorcycle accident.  Those injuries may include broken bones, spinal cord injuries including paraplegia and quadriplegia, brain injury, scarring and even wrongful death.  With these kinds of injuries, you will build up medical bills fast.  You may not be able to work immediately after the accident and for a long time after.  Therefore handling your claim against the drunk driver right is crucial.  Mr. Young knows working with your investigating police and prosecutor is very important.

It is important for many reasons.  The police should do a thorough investigation of the facts leading up to, during and after the collision.  This includes taking measurements and pictures at the scene, talking to witnesses, taking evidence to test the drunk driver (breath and blood tests).  Our investigation follows the police investigation to collect any evidence which might have been missed.  We work with the police, not against them, to insure all the evidence is collected.  We follow the prosecution of the drunk driver, providing any and all information they may need. We also consult with our client who has been requested to speak with the prosecutor about the prosecution, just to make them feel more comfortable with the process.

If the drunk driver is convicted, or accepts a plea agreement, we obtain the transcripts of the drunk driver’s admissions.  These admission are admissible in civil court (where we bring the claim for fair compensation for your injuries) to prove that the drunk driver was negligent and caused your injuries.  This is a very efficient and effective method of establishing the drunk driver’s obligation to make up for the harm he/she caused you and your family.

If you have been injured by a drunk driver, in a drunk driver accident, call John P. Young for a free consultation.  Mr. Young and his partners will work for you and with you to protect you and your family.

Highways Keep Getting Safer

As your Indiana Truck Accident Lawyer, we keep our eye on the news about highway  safety. A highway accident with a large truck, including a semi tractor-trailer or other large truck, can have devastating effects on Hoosier families.  We know these traffic accidents cause paralysis including paraplegia, quadriplegia, amputation and even wrongful death.   Prevention of Tractor trailer accidents, and all other accidents is the primary goal of the civil justice system.  Keeping vigilant, proving when a truck crash was caused by negligence and requiring the culprit to fairly compensate the injured Hoosiers when negligence occurs is a powerful incentive for trucking companies to comply with over the road safety regulations.  After all it is never acceptable to needlessly endanger Hoosier families.  Hoosier families are needlessly endangered when truck concerns ignore safety rules and regulations.

The Indianapolis Star reported on March 12, 2010 that the number of people dying on our highway system is at its lowest point since the 1950s. The Star obtained these statistics from the United States Transportation Department.  These statistics show that wrongful death on our highways fell nearly nine percent in 2009.  This seems like a small number, but it translates to more than 10,000 fewer deaths in 2009 than compared to 2005.  This is truly significant given that highway traffic and use has increased in that same period.

It is also gratifying to hear that the National Highway Traffic Safety Administration is striving further still to bring this number down further.  The NHTSA credits wearing seat belts, programs to discourage drunk driving, and cars with better safety features.  These are all developments which trial lawyers have advocated and championed for decades.

Unfortunately, 680 people died on Hoosier Highways in 2009.  We can do better, but this number represents the lowest number of highway deaths since 1925, when Calvin Coolidge was president, and no one had heard of the great depression or World War II.

If you or your family have been injured or wrongfully killed in a highway accident, call John P. Young, Your Indiana Truck Accident Lawyer, for a no charge consultation.

State Police Ramp Up Roadway Safety Enforcement Operations

A recent posting at South Bend’s WNDU.com indicates that the Indiana State Police will be increasing their enforcement activities in areas around the state that have been deemed dangerous. Its part of a state-wide crash reduction effort that police say has been very effective in reducing traffic fatalities.

In addition to speed limit enforcement, troopers will target violations such as failure  to yield, and running red lights or stop signs at known dangerous intersections.

The last thing any Hoosier wants is jacked up insurance premiums because of traffic tickets. And most motorists probably have experienced that sinking feeling when suddenly coming upon a speed trap.  But it’s important to consider the big picture of traffic safety when you’re out and about on the roads. As ISP Sgt.  Jim Strong says in the posted article, “Every fatal crash we reduce, we’re saving someone’s life.”

On the other hand, if you’ve been injured in a car accident owing to the negligence of another driver, 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 serious auto accident 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.

What is an Indiana Drunk Driving Lawyer?

Although it is illegal, many people still drink and drive. Drunk drivers cause all kinds of havoc.  It is common for drunk drivers to be in large truck accidents, semi tractor trailer accidents, traffic accidents, accidents with motorcycles, trucking accidents, accidents with pedestrians. The injuries and damages caused by a wreck with a drunk driver can be horrible.  So what is an Indiana Drunk Driving lawyer and why do you need one?

An Indiana Drunk Driving lawyer is an experienced accident lawyer and injury lawyer who makes it their business to make drunk drivers clean up the messes they make.  The smart injury attorney knows that fair compensation is essential for Hoosiers who have been injured by a drunk driver.  Experience is key.  You cannot afford to risk your family’s financial welfare by hiring a lawyer who does not work every day on pursuing drunk drivers when they have hurt another.  What does experience give you?  It gives you rapid response when the case first occurs.  It gives you the ability to work with police and prosecutors in the prosecution of the drunk driver who caused the injuries.  It gives you the knowledge of how to use the guilty plea or conviction of the drunk driver to your advantage when pressing your rights to fair compensation.  It gives you the ability to interact with your doctors to most effectively demonstrate the full extent of your injuries.  Sometimes graphic depictions of your injuries or how the injuries affect your life are essential to proving the full extent of the harm.

An experienced Indiana Drunk Driving Attorney gives you that personal touch, based on working with thousands of Hoosier families.  It gives you home visits and hospital visits and rehabilitation visits and discussions about how you are going to get through all of this with your family and life intact. At Young and Young, we are experienced Indiana Drunk Driving attorneys.  John P. Young has been on the front line with families who have been devastated by drunk drivers. Mr. Young has represented Hoosiers injured by drunk drivers for more than 21 years.  Mr. Young is a member of Mother Against Drunk Driving and has been for years.  Mr. Young has been in attendance at Mothers Against Drunk Driving Victim Impact Statements.  Mr. Young has created day in the life videos telling those who need to hear it, all about this special person who was killed by the drunk driver, or all about the injuries caused by the drunk driver.  Mr. Young is an experienced and aggressive Indiana Drunk Driving injury attorney.  Call today.

Bicycle Safety and Sidewalks

As bicycle and bike use are increasing there are some things both the biker and the motorist need to know.  First, as we all know, in a collision between a bicycle and a car, the car is going to win every time.  These collisions can result in very severe injuries, including, brain injury, back injury, broken bones, scarring, road rash, spinal injuries causing paralysis including paraplegia and quadriplegia, and wrongful death.

What is the law regarding the use of bicycles and sidewalks?  In Indianapolis, there is an ordinance that gives us clues on this subject, it reads as follows:

The Revised Municipal Code of Indianapolis-Marion County can be found online.

The local ordinance(s) regarding this topic are found at Chapter 431 regarding Streets, Sidewalks and Public Ways. State Law regarding bicycles is found at IC 9-21-11.

ARTICLE VI.  BICYCLES*

Sec. 431-601.  Definitions.

As used in this article, the following terms shall have the meanings ascribed to them in this section.

Bicycle  means and includes every conveyance or device which is designed:

(1)   To travel on two (2) or more wheels in contact with the ground;

(2)   With a saddle or seat for the use of a human rider; and

(3)   To be propelled solely by human muscular power.

However, bicycle shall not include a pedal cab, as defined in chapter 903 of the Code, or a wheelchair.

Greenway  means a linear open space which is intended for the use of pedestrians and non-motorized devices, and which facilitates transportation to neighborhoods and other community destinations.

(G.O. 45, 2001, § 1)

Sec. 431-602.  Operation by children under twelve years of age; responsibility of adults.

(a)   It shall be unlawful for the parent, legal guardian or custodian of a child under twelve (12) years of age to suffer or permit such child to operate a bicycle in a roadway in the city while such roadway is open and used by vehicular traffic; however, this subsection shall not apply when and where:

(1)   The child is at least eight (8) years of age, and is accompanied by a parent, legal guardian or custodian who at all times is in position to observe and direct such child’s bicycle operation; or

(2)   The child is riding only in that portion of a roadway which is designated by signs or pavement markings as being set aside for the exclusive use of bicycles; or

(3)   The street where such roadway is located is designated by the city as a play street.

(b)   A child under twelve (12) years of age may operate a bicycle upon a sidewalk or greenway in the city in the manner provided by section 431-603(b) of the Code.

(c)   After a law enforcement officer gives one (1) warning to a parent, legal guardian or custodian that he or she has committed a violation of this section, it shall be unlawful for such parent, legal guardian or custodian to commit a second or subsequent violation of this section. A second or subsequent violation of this section is subject to the enforcement procedures provided in chapter 103, article III, of the Code.

(G.O. 45, 2001, § 1)

Sec. 431-603.  Operation on roadways, sidewalks and greenways; violations.

(a)   A person who operates a bicycle in a roadway shall comply with the provisions of IC chapter 9-21-11.

(b)   A person who operates a bicycle on a sidewalk or greenway in the city shall do so only in the following manner:

(1)   The bicycle shall not be operated at a speed, or in any manner, which constitutes a threat to the safety of either the bicycle operator or other persons, or diminishes or impairs the free use of the sidewalk or greenway by other persons.

(2)   The person propelling, and each person riding upon, a bicycle shall be seated upon a permanent and regular seat firmly attached to the bicycle;

(3)   The person propelling the bicycle shall not allow more persons to be carried at one (1) time than the number for which the bicycle is designed and equipped;

(4)   The bicycle shall be equipped with a bell or other device capable of giving an audible signal, lamps, and brakes in the same manner as is required by state law for bicycles operated upon a highway; and

(5)   The bicycle’s bell or other device capable of giving an audible signal shall be sounded not less than fifty (50) feet from any pedestrian or vehicle approaching upon the sidewalk or greenway; and

(c)   It shall be unlawful for a person to operate a bicycle in a manner prohibited by this section. A person’s first violation shall be subject to the enforcement procedures provided in chapter 103, article III, of the Code, and each second and subsequent violation is subject to the enforcement procedures and penalties provided in section 103-3 of the Code.

(G.O. 45, 2001, § 1)

Secs. 431-604–431-606.  Reserved.

Editor’s note:  G.O. 45, 2001, § 1, adopted May 21, 2001, repealed in their entirety §§ 431-604–431-606.

Formerly said sections pertained to manner of operation; impoundment of unregistered, stolen or abandoned bicycles and enforcement of this article as to children, respectively, as related to the operation of bicycles. See the Code Comparative Table.

Please, be very careful when riding your bicycle on the road.  If you have been hit by a car, while riding your bicycle, and are injured, call injury lawyer John P. Young, right away.

What Should I do if I am Injured in an Accident?

Knowledgeable accident attorneys and injury lawyers know that the dangers of having an accident – be it a motorcycle accident, highway accident with a semi tractor-trailer, a large truck accident, a wreck with a drunk driver, a truck crash , a construction accident , a fall, or even a battery.  Aggressive accident lawyers and injury attorneys also know that these types of accidents can cause all sorts of serious injuries.  When a traffic accident occurs what are some of the things you should do? 

Stay at the scene of the collision.  This will allow you to speak with the police and receive medical treatment if necessary.  In addition, state law requires you to stay at the scene. 

Call the police to begin an investigation in the cause of the collision. 

Wait for the police to tell them what happened, you do not need to give a statement to anyone else. 

If there are witnesses to the collision at the scene, and you are able to do so, write down their name, address and telephone number.  Sometimes witnesses do not have time to wait for the police.  Sometimes the police do not obtain all the names of the witnesses. 

Seek medical attention right away.  Even if you think you are okay, injuries have a way of showing themselves after the adrenaline rush is over.  

Follow your doctor’s advice.  

Contact Young and Young to assist you in the investigation of the vehicle accident.  As we have said in other blogs, a thorough and immediate investigation is very, very important.  Waiting can cause evidence and witnesses to be lost. 

Allow Young and Young to contact the insurance company for the negligent driver who caused the collision and your injuries.

 Focus on your recovery, following the medical advice you are given and allow Young and Young to worry about the claim.

Should I get a Police Accident Report?

Many times people who are in automobile collisions do not think they are hurt or there is  much property damage.  They will not want to take the time to call the police and have a police report completed.  This can be a very costly mistake if they later find out that they are injured or find more damage to their vehicle than meets the eye.  A police report can result in valuable photos at the scene and the names and addresses of witnesses who may not otherwise offer their contact information. A police report can better assure getting accurate information from the person who caused the collision. This can include correct name, address and insurance information.  It is best to error on the side of caution and take the time to get a report made at the scene. If you find out later that your injuries are more serious than you originally thought or your vehicle has damage that was not visible to the eye at the scene, this valuable information could be lost and cause a whole set of new problems for you in getting reimbursed for your damages.

I was in a Traffic Accident – What do I do?

Today, you were in a traffic accident. It was your first, and you are injured.  What do you do?  

Experienced injury attorneys and accident lawyers know this is a scary time for you.  You do not know the full extent of your injuries.  You do not know how long you will be off work, and you do not know how long you will have this pain.  First things first, do not panic.  Take a deep breath.  From the collision scene, you should seek medical attention.  If your injuries are severe enough – go to the hospital by ambulance.  Do not play the hero.  Your injuries are unpredictable at this time and an ounce of prevention is worth a pound of cure. If you do not go to the hospital by ambulance seek medical care immediately.  Have someone drive you to the hospital.  Go to your doctor’s office, go to an immediate care center, but seek out medical care. 

As to the damage to your car, let it be towed to where you want, a body shop, your favorite dealer, an impound lot.  Let your insurance company know what has happened either by calling them yourself of by having a family member or friend call.  You do not have to wait for the person whose negligence caused the collision to turn in the claim to their insurance company.  You can call them yourself or have a family member or friend turn in the claim.  Give the insurance company the location of the vehicle and ask them to appraise the damage.  I recommend that you do not give them a statement at this time.  Also ask them for a rental car until your car is repaired or the settlement for the total damages on the car is paid. 

If these things seem a little overwhelming, you may want to contact an attorney to perform these tasks for you.  This gives you the opportunity to relax, and concentrate on your healing.  This will also allow the smart accident attorney and injury lawyer to begin their investigation by speaking to witnesses and taking pictures. 

One thing you will receive in the mail is an SR-21 form from the State.  This is a proof of financial responsibility form which the State requires to be completed within 90 days of the collision, even if it was not your fault.  You provide this to your insurance agent, who then completes it and sends it to the state.  If you do not complete this form, your license will be suspended.  There will be fees for reinstating the license if you do not complete the SR-21 form in a timely fashion. 

Young and Young has 55 years of experience handling auto accident cases.  Let our family help your family.  Give us a call.

Toyota Troubles

Sudden acceleration and braking problems, what a crazy combination!  Aggressive accident lawyers and accident attorneys know that either one of these problems can cause highway accidents with semi tractor-trailers, motorcycle accidents, large truck crashes, crashes with drunk drivers, fatal accidents, trucking accidents, and all kinds of traffic accidents. Smart injury lawyers knows these car wrecks can result in severe injuries including spinal cord injuries resulting in paralysis including paraplegia and quadriplegia, brain injuries, back injuries, broken bones, burns, amputation and even wrongful death.  However the combination of unexpected acceleration and braking problems is likely to result in more traffic accidents and more severe injuries. 

Toyota is now voluntarily recalling at least ten models of cars with one or both of these problems.  This totals more than 8.5 million cars. This recall is prompted from statistics including at least 34 wrongful death accidents since the year 2000.  The National Highway Safety Administration has received more than 1000 complaints about the Prius in the last week.  It should be noted that of these 1000 complaints received, none have as yet been verified. 

One of the truly frightening aspects of this problem is that Toyota cannot reproduce the problems in trials.  This means that Toyota does not really know what is causing the problem.  Toyota has speculated that the acceleration issue might be caused by the electronics involved with the acceleration system.  Toyota has conducted its own testing and hired an outside consulting firm to try to understand the problem.  However their testing tends to support the idea that the problem is not in the electronic system supporting the acceleration system.  This begs an important question, if Toyota does not know what is causing the problem, then what are they doing to your car when you take it in for the recall?   Toyota is installing what they are referring to as a fix, but can it really be a fix if the problem is unknown? 

If you have a Toyota, please go to either Toyota’s website  or the National Highway Safety Administration  to see if it is the subject of a recall and if it is, what you need to do to protect yourself and your family.  The NHSA has issued the following information as of February 10, 2010: Toyota consumers should check the provided list of recalled vehicles and pay close attention to their vehicles. If you are experiencing any problems with your Toyota vehicle, park the vehicle in a safe place and immediately call your Toyota dealer or Toyota’s North American headquarters at 1-800-331-4331. 

If you have been in a collision with your Toyota, and were injured, and the care rapidly accelerated or the braking system failed, give John P. Young a call.  John can help you and your family work through all the issues you are now facing.

Legislature Considers Texting Ban To Prevent Road Accidents

The Indiana House of Representatives is considering legislation that would prohibit motorists from texting behind the wheel. The bill recently cleared the House Policy Committee and is now before the entire chamber. Some 19 states have already outlawed texting while driving for all age groups; currently, Indiana bans wireless device use including texting by drivers younger than 18.

An AAA Hoosier Motor Club official claims that DWT (driving while texting) is more dangerous than driving while intoxicated. “Recent studies show that text messaging decreases a person’s reaction time by 35 percent and their steering control by 91 percent,” the official said. The Indiana law, if enacted, would make texting a Class C infraction punishable by a fine of up to $500. The federal government wants to ban texting in all 50 states. This would require an act of Congress to implement, however.  In an initial step, the U.S. Department of Transportation recently banned bus and truck drivers from texting while operating a commercial vehicle.

As we mentioned in a previous post, although enforcement of these kinds of  well-intentioned laws and regulations may help to improve highway safety to some degree, the best way to avoid a road accident or a highway accident is to not be texting yourself and to keep an eye out for other motorists paying insufficient attention to the road.

If you have been injured by a texting truck or bus driver, or even a person texting 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 your injuries caused by distracted drivers on Indiana roads.

Drive Safely and Defensively

The Indiana State Police and local law enforcement have been very busy responding to major and minor car crashes related to winter storms and hazardous road conditions in the past several days. Indiana motorists should drive defensively and maintain vigilance-especially when the roads are covered with ice and snow.

As alluded to in previous blog entries, Indiana law establishes various rules of the road for safe driving. Non-compliance and bad driving habits can lead to accidents– even under the best of circumstances. Failure to abide by these safety statutes can also be a basis for a finding of negligence as a matter of law unless there is some reasonable excuse or justification for disregarding those rules. These rules include: keeping a proper lookout, maintaining your car under control, reducing speed for conditions whether they be weather, visibility, or some other cause. Also special precautions are necessary in the presence of and when a driver has awareness of children, impaired persons, or intoxicated persons. Distracted driving, especially as it relates to cell phone use, has also captured local and national attention as one of the common accident causes.

The Indiana State Police remind motorists to avoid unnecessary travel during adverse weather conditions such as those Hoosiers are currently experiencing. If you must travel, reduce your speed, increase the following distance between your vehicle and the vehicle ahead of you, leave early for your destination, and be sure to buckle up.

Exercise Caution to Avoid Pedestrian Accidents

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.

Low Impact Collisons

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.

Texting and Driving

Semi tractor Trailers are huge powerful engines driving our economy.  We depend on them for the abundance that is the American way of life.  Other trucks join in making us the envy of the world. However, because of their size, when they collide with a passenger car in a highway accident, the results can be horrific.  Wrongful death is common.  Brain injuries and spinal cord injuries happen frequently, injuries resulting in paralysis, including quadriplegia and paraplegia, change people’s lives. Burns and back injuries are also common.

A recent trend is helping to raise accident rates across the country – texting and driving.  You see it all the time, a car swerving, and you wonder what’s going on until you pull up to see if you can help and there is a person with one hand on the wheel and a phone in the other with the driver looking up and down constantly, paying almost no attention to the road.  I see this on the highways.  Talk about a recipe for a disastrous highway accident.  In fact statistics show that texting while driving has a similar impact on the drivers ability to control their car as a drinking and driving. Here is a startling fact issued by the Federal Motor Carrier Safety Administration, drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road.

To deal with this problem there has been a movement in both state and federal legislation to prohibit texting and driving. The United States Department of Transportation passed regulations last week designed to prohibit bus drivers and truck drivers from sending text messages while operating a commercial vehicle.  These rules apply to trucks and buses on the highway, with a weight of more than 10,000 pounds. The penalty for violating these rules is a fine up to $2,750.00.

Smart accident attorneys and injury attorneys know that there is likely no way for the government to enforce these rules and regulations.  Although I hope these rules and regulations help, I still think the best way to avoid a road accident or a highway accident, is to not be texting yourself.   This allows you to keep your eyes on the road, and to look out for other drivers who are not paying attention to the road.  Please, parents have this discussion with your children – tell them not to text and drive.  Tell them to keep an eye out for others not paying attention to the road.

If you want to learn more about highway safety, contact young and Young.  If you have been injured by a texting truck or bus driver, or even a person texting in a passenger car, please call Young and Young for a free consultation.  We will meet in our office or in your home or hospital room.  We have 55 years of experience to help you and your family.

Negligence Liability for Following Too Close

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.

If I am Injured in a Highway Accident, is Social Security Disability Possible?

Every qualified injury attorney or accident lawyer knows that if their client is injured, the injuries may be permanent, or at the very least, likely to last more than twelve months. Some of these types of injuries include spine injuries and back injuries which cause paralysis, either paraplegia or quadriplegia.  Brain injury can be quite debilitating, as can severe burns from electrocution, or amputation of a limb.  Blindness is permanent, and loss of hearing is as well.  It makes no difference whether these injuries were caused by a car wreck with a drunk driver, a highway accident with a semi tractor trailer, a motorcycle accident, a truck accident, or a construction accident.

The Social Security Disability rules and regulations will grant a person disability benefits if that person’s injuries are expected to last more than twelve months.  The injuries do not have to be permanent.  Thus, if the injured person is unable to work for twenty four months, but then is able to return to work in the twenty fifth month, that person is entitled to Social Security Disability Benefits for those twenty four months.  Remember, the injuries must also be severe enough to meet the social security regulations (please see previous blogs for a discussion on how the SSA determines if a person’s injuries are severe enough to merit disability).  It must be noted that the first five months of every period of disability is eliminated from eligibility for benefits.  So in our above example, the person who is entitled to 24 months of benefits will receive only 19 months of benefits because the first five months are not eligible for payment.

If the injured person receives fair compensation for the injuries they receive in the traffic accident or the construction accident, that money does not affect the injured person’s eligibility for Title Two Disability benefits.  If the injured person has not worked five out of the ten years prior to their road accident or construction accident, they may only be entitled to Title Sixteen Supplemental Security Benefits (SSI).  If this is so, then the amount of money received as compensation for their injuries may affect how much money that person is entitled to receive in SSI benefits.

Finally, if the injured person was working when they were in the traffic accident, or in the construction accident, they may be entitled to workers compensation benefits.  If so there are two sets of consequences if the person receives compensation from the negligent person’s insurance company.  The injured person must repay, out of their compensation from the negligent person’s insurance company, 2/3rds of the amount the workers compensation carrier paid.  This is called subrogation.  In addition, your social security benefits will be reduced by a proportion of the amount you received from the worker’s compensation insurance carrier.

Each situation is factually different, so if you have a situation where you think your injury from being in a highway accident with a drunk driver driving a semi tractor trailer involves issues of workers compensation and social security, give us a call.  At Young and Young we have helped thousands of Hoosiers sort through these issues to make their lives less complicated. We look forward to hearing from you.

NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.

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