Brothers Perish in SUV Road Accident

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

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

I have a Headache – Was it Caused by my Accident?

You are in a car accident.  Your head moves forward real fast and then backward real fast, but it does not hit anything.  You are not knocked unconscious, but you feel ok.  This can happen in a motorcycle accident, a highway accident, and accident with a semi tractor trailer.  These kinds of traffic accidents happen all the time.  You may have a back injury, or a spinal cord injury or other kind of injury.  You go to the hospital and they check your head, but find nothing wrong.  After a couple weeks your other injuries are starting to get better.  Now, though, you are starting to have headaches.  You have had headaches in the past, but these are a little different.  They come on frequently and they ruin your day.  You may have nausea and vomiting.  You may see lights before the head ache hits.  Are these headaches caused by the road accident or car wreck with the drunk driver?  The answer is they may be.

 

First, the pain you feel from these headaches is not like pain from the brain.  The pain is most likely from irritation of the lining of the brain within the skull. There are many reasons why you might have a headache after a car wreck, even though you were not knocked unconscious.  Headaches caused by a truck accident, or any other type of trauma, are generally caused secondary headaches.  That is the headache is secondary or caused by an event such as a collision.  Therefore, it is very important that if you develop headaches after an accident, you need to go see your doctor and let the doctor know what is going on.  This will allow the doctor to properly observe your condition and prescribe the best treatment.  Treatment can range from medications and rest, to chiropractic treatment, to other remedies such as biofeedback and acupuncture.

Police Officer, K-9, Killed by Drunk Driver

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

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

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

Indiana Fatal Road Accidents Set Record Low

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

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

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

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

Group Seeks to Educate Motorists About The Dangers of Talking or Texting

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

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

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

Driving in Ice and Snow

The weather conditions this morning reminded me of  watching Peyton Manning and the Indianapolis Colts play in the driving snow of Buffalo, New York, against the Bills. I noticed that all the players were missing plays.  They were missing tackles, missing holes to run through and missing coverages.  It was all due to the snow on the ground.  I watched all this from the comfort of my living room thinking how nice it was that it was not snowing here, and I did not have to worry about driving to work on snowy icy roads.

On days like today, I see a lot of problems that could be avoided, if people would just slow down and use the techniques they learned in drivers education.  The first thing I recommend on such days is a two hour delay for all schools in the affected area.  If the children are allowed to go to school two hours late, they will not be on the roads.  This gives two distinct advantages.  First, there is less traffic on the road and therefore less opportunity for traffic jams.  The second is that our children will be out of harm’s way during rush hour.  Good accident attorneys and good accident lawyers know that any car accident, highway accident, or truck accident can result in severe injuries.  These injuries include brain injury, back injury, spinal cord injury, paralysis, amputation, and wrongful death.  If the children are not on the roads, they cannot be hurt and everyone is better off.

Never ride a motorcycle when it is snowing or there is even a possibility of ice on the road.  A two wheel vehicle has no lateral stability.  If the motorcycle starts to slide, or the wheels lock up, the bike is going down.  The rider will be hurt from the fall, but may also slide into a car or another object, and it may be a fatal accident.

If you are driving a rear wheel drive vehicle, know you have less traction than a front wheel drive vehicle.  It helps to put weight over the rear axle to help with stability.  Sand bags are very good.  Bags of road salt can serve two purpose.  The first is to put weight over the rear axle.  The second is to provide snow melt if you become stuck.  If you are driving a rear wheel vehicle, it is essential to press on the gas pedal gently with a smooth fluid motion.  If you press too hard on the gas, the tires will begin to spin and you will lose traction.  The back end of the vehicle will start to move left or right.  This is called fishtailing.  If you feel the back end of the vehicle begin to fishtail, let off the gas.  This will allow the tires to spin less and reduce or eliminate the fishtail action.  Never slam on the brakes when you begin to fishtail, this may cause a loss of control and further exaggerate the fishtail.

Chains on your tires can be very helpful, as can studded tires.  Some jurisdictions do not allow either, and if they do, they may be limited to certain times of the year.  The most helpful winter driving hint is to take your time and leave a lot of space between you and the driver in front of you.

Good luck and be safe out there.

Car Wreck Black Box

We have all heard about the black box in an airplane.  The black box (it’s not really black, but brightly colored to stand out among crash wreckage) is the cockpit voice recorder.  The National Transportation Safety Board (NTSB) always searches for this voice recorder to try to piece together  the facts about a jet crash or helicopter crash.  The recorder gives a good insight into the thoughts and actions of the pilots before and during a midair emergency.

Did you know that every modern automobile and truck is equipped with a version of the black box?  Why?  Car crashes cause hundreds of millions of dollars in property damage and personal injury every year.

Injuries are often quite severe.  They include brain injury, back injury, paralysis, spinal cord injury and wrongful death.  In fact, car accidents and highway accidents are a leading cause of lost wages and lost productivity in the USA.  Accident lawyers, like Young and Young, have known that the primary purpose of the tort law (the law allowing compensation for injury caused by negligent acts) is accident and injury prevention.  It is only when we fail in the initial purpose that we turn to the secondary purpose of the law, compensation for the injured people and their families.  The car black box is designed and used in an attempt to prevent future collisions.

The black box is a computer device that records several sources of information during the operation of a vehicle.  The black box records, among other things, the speed of a car just before and at the time of the collision, and whether the brakes were applied and when.  The information recorded is objective, meaning that it is not likely to be influenced by the people in the collision.  As we are coming to understand, eyewitness testimony is generally not a reliable source of information in a complex collision involving high speeds and multiple cars or events.  Without intending to, in most cases, the position of the witness, his/her relationship to the people in the car crash and other factors influence what they recall and to what they can testify.   Another problem with eyewitness testimony is generally it can take a couple of years for a trial to be held after a collision, and memories can fade.  The black box is not subject to these complications.

If a highway accident or car accident occurs and fault for the collision is disputed obtaining the information from the black box can determine who was really at fault.  This means that initially after the collision both cars should be preserved until the information on the black box can be retrieved.  In some cases the cars will be a total loss and storage fees will build up.  In other cases the cars can be fixed and driven off.  Therefore, it is very important to hire a good accident attorney.  A good accident lawyer will have the resources and contacts to hire an engineer with the know how to get the black box information.  Getting the information does not take a long time, but it does require specialized equipment and know how, so a qualified engineer or expert is essential.

If you, or your family or friends, are in a highway accident or a car collision, call Young and Young right away.  We have the experience (55 years)  and the contacts and the resources to immediately get the information from the car black box that can be the difference between proving who was the cause of a car accident and who was not.  Please call.

Government Immunity

If you are in a car accident, or highway accident with a car or truck owned by the government you get hurt just as bad as if the car or truck is owned by a private person.  You can have a back injury, a brain  injury, paralysis, or even wrongful death.  But, what you did not know is that if the car or truck is owned by the government, you may get no compensation for your injuries.

In Indiana, the government gave itself a lot of protections that the little guy is not entitled to.  To do this, the government  created the Tort Claims Act.  This Act, which is a legislative creation, limits the amount of money the government owes in compensation.  So, take for example a person who is in a car accident with a car owned by the government.  Let’s also say the person has a brain injury and is paralyzed.  Let’s also say that the medical bills for this injury total $1,000,000.00.  In that case, the government is only responsible to pay $750,000.00.  This means that the person will owe out of his own pocket $250,000.00 for medical bills even though the accident was not his fault.  He will not be able to send his kids to college because he can’t work, but that makes no difference, the Government protected itself by limiting how much it has to pay.

In addition to this protection the Government gave itself a bunch of other protections.  They are called immunities.  These immunities make it so the government does not owe a dime to the person it is responsible for hurting, even if the government was the sole cause of the car accident or highway accident.  The Tort Claims Act gives the government 16 different immunities.  The little guy gets no immunities.

If you are in a car accident with a government owned car, call Young and Young.   We have represented hurt Hoosiers for more than 55 years.  We know how the government works to protect itself.  We are accident attorneys who know how to protect you.

Trial Driving Statutes

If you have a car accident or a highway accident, resulting in severe injury such as brain injury, back injury, paralysis, spinal cord injury or wrongful death, you may have to have a trial to sort out who caused the car accident or highway accident.  If this happens, it pays to have experienced accident lawyers on your side.  How do you know if a lawyer is a skilled accident attorney?   Well there are a couple of ways.  Usually an advertisement is not the way to find out.  Most lawyers who advertise cannot get work any other way.  It often means they do not have experience and other lawyers or former clients will not recommend them.  Those lawyers who invade the privacy of a car accident or construction injury victim  appear to be chasing the ambulance. It doesn’t take much to advertise. Experience in the Court room is the key issue.

Go to the website for the National Board of Trial Advocacy.  This group certifies lawyers, in the same way doctors become board certified.  To be board Certified, a lawyer must have a minimum number of trials.  They must also pass a test.  To remain certified, the lawyer must complete a minimum number of trials in the last five years.  A certification from the National Board of Trial Advocacy is good evidence that the accident lawyer you select has the know how to properly represent you if you are injured by a drunk driver, or hurt in a construction accident, or any other type of injury.

Another way to find a good lawyer is to ask a friend who they recommend.  If the first friend does not know, ask a second.  If your friend or family member has gotten good results with a particular lawyer, chances are good the lawyer is able to properly handle your case.  Just because a lawyer says he means business, or its just that easy to recover, does not mean they have the know how to represent you.  Ask the lawyer questions.  Ask about his experience, not the people who work for him, but his experience.  How many trials has he had in the last 10 years?  His experience, not the experience of the people who work for him.  Ask if he will personally handle your case.  Ask if he is board certified.  If he’s not board certified, or promises to handle the case and then doesn’t, or you can’t get him on the phone, then you probably do not have a lawyer who will be able to handle your case.

I spoke about trial experience because a good accident attorney knows from experience what to expect at trial.  In a car accident case, whether against a drunk driver or a sober driver, statutes controlling the use of the road are extremely important to who will win the case at trial.  The rules of the road are there to keep us all safe.  We all have to work together to make the roads safe, and rules of the road do just that.  Good accident attorneys will use the rules of the road to show who was the cause of the accident.  If a driver violates the rules of the road, the law says that violation can be used as evidence as to who caused the collision.  Take for example a person who is driving 45 miles per hour in a thirty mile per hour zone.  Travelling that much faster than the speed limit  is evidence that that driver was negligent.   There are many different rules that are effective at showing who is negligent.

If you are a juror, and you hear that someone violated the rules of the road, know that you are being told that driver was negligent and likely was a cause of the collision.  This is good evidence upon which to base your verdict.

At Young and Young, both John P. Young and Fredrick W. Crow have been board certified trial lawyers for more than ten years.  John and Fred are accident attorneys who have the knowledge and experience to win at trial. Give us a call.

Crossing the Street

We do it everyday.  When we are children, it is so dangerous that our parents will not let us  do it on our own.  Schools hire guards to make sure we are safe crossing the street.  Cars are so much bigger and heavier than we are that a car wreck between a car and a pedestrian almost always results in serious injuries to the pedestrian.  These injuries include paralysis, spine injury, spinal cord injury, brain injury and wrongful death.  In traffic accidents between pedestrians and cars, the cars always win.  Therefore, the pedestrian has to be careful.

The first rule of good street crossing is to always cross in a cross walk.  You may have heard that you should always cross at an intersection.  While this is a good rule of thumb, it is not hard and fast.  Some crosswalks are in the middle of a street.  These are marked with heavy white stripes (like those on the album cover of the Beatles Abbey Road).  Many times these cross walks are also accompanied by a flashing light.  Nine times out of ten, if a pedestrian is hit while fully in a cross walk, the fault for the car accident is the driver of the car not paying attention.  In fact, there are a series of statutes in the Indiana Statutory code which give pedestrians in cross walks special privileges.  One statute requires all cars to stop at a cross walk if another car is already stopped.  This is true even if the light is green for those cars.

Simply because you are in a crosswalk does not guarantee your safety.  Always be on the lookout for your best interest.  A drunk driver is not going to honor the rules of the crosswalk or your right of way, and because the car is bigger than you, you will lose the battle.  So, do not walk out into traffic unless you are certain you can make it across without being hit.  Be especially careful for the good Samaratin who stops and waives you across.  Although all other cars are supposed to stop, most won’t.  So do not step out from behind that car until you can confirm you will not be hit.  Always cross with the light at an intersection, but keep an eye up the road to make sure that everybody sees you and the red light.  Some won’t and you will have to act fast.  Also keep an eye out for the turning driver, especially if you are walking in the direction opposite travel on a one way street.  The turning driver on the one way street will always look for cars coming at them, but rarely looks for the pedestrian coming from the opposite direction.  In those cases, always wait for the car to pass unless you make eye contact with the driver and they acknowledge your presence.

Pedestrian collisions are a common road accident.  Injuries from these traffic accidents can be severe.  If you or a loved one is injured, we have more than fifty five years of experience waiting to help.  Please call or email.

Final Word on Drunk Driver Compensation

As we have discussed in parts one and two of this topic, thousands of Hoosiers are killed, paralyzed, suffer spinal cord injury, brain injury, amputation, and wrongful death in a car accident with a drunk driver. Traffic accidents with drunk drivers cost injured or killed Hoosiers and their families dearly not only in medical bills and lost income, but also in the loss of the injured or killed persons love, attention and affection.  How can Hoosiers protect themselves against a drunk driver with little or no insurance?  Imagine a parent is heading home from work.  This parent is the bread winner for the family of three, the other parent and two young children.  The working parent earns $80,000.00 dollars per year.  She is hit by a drunk driver.  Her injuries are so severe she is admitted to the hospital.  The hospital bills total over $300,000.00 dollars.  Her future medical bills will be $25,000.00 per year for the rest of her life.  She is only 30 years old, so she is expected to live another 50 or so years.  This makes her future medical bills about $1,250,000.00.  She will have lost wages of about $2,975,000.00.  The drunk driver has no insurance, what happens?

If the wage earner had planned ahead, she will be able to make a claim against her own insurance company under her “Uninsured motorist coverage”.  You may say, “That’s not right, why should she have to make a claim against her own insurance policy when it was the drunks fault?”  You would be right, of course, it’s not fair.  In a perfect world everyone would carry enough insurance to compensate people they hurt in a car crash.  We all know this is not a perfect world.  As such smart drivers protect themselves by buying uninsured motorist coverage.  The smart thing to do is to buy a policy in an amount of say $250,000.00.  Then you buy an “Umbrella policy.”  An umbrella policy will pay after the first policy is exhausted.  Umbrella policies are relatively less expensive than the underlying policy.  You should be able to purchase $1,000,000.00 for as little as $150.00 per year.  The increases for $1,000,000.00 and up are progressively less expensive.

I have been handling cases where the victim has been seriously injured for more than twenty years.  I’ve given seminars for more than ten years on the subject and am coauthor of what many consider to be the definitive book on Unisured Motorist Coverage in Indiana.  If you have been injured by someone else’s negligence, call me. Put my know-how to work for you and your family.

More Drunk Driver Compensation

In our last discussion about the drunk driver, and forcing them to properly compensate the person they injured or killed, we discussed  that the drunk driver harms their victims in many ways.  The physical injuries, including paralysis, spinal cord injury, back injury, brain injury, amputation, may last for the rest of the victims life.  This impacts not only the injured Hoosier, but his or her family.  If the victim cannot work, the family suffers the loss of support. Children may not eat properly, may not have proper housing and clothes, and may have their education impacted.  If the Hoosier suffers wrongful death, all these things will happen unless the victim and his family is properly compensated.

The good injury attorney starts by preserving evidence as we already discussed.  Another important aspect of such a claim is working with the police and prosecutors to make  sure the best evidence is available at the criminal trial.  There are five different levels of investigation performed by the investigating police agency.  The level of investigation is generally directed by the seriousness of the highway crash or car crash.  If the car crash caused a death, a level five investigation is generally performed.  This includes taking pictures, and in depth witness statements.  The pictures include of the street, for skid marks or other marks on the street.  This investigation usually includes measurements of the skid marks from start of the crash to the end.  If death does not result from the car crash, the police agency may do a lesser investigation.  This is why it is important for the victim and his family to do their own investigation.  This starts with hiring a competent injury attorney.  The competent injury attorney has the resources available to complete the investigation the police do not perform.  This includes finding witnesses, taking additional pictures and other important matters.

Once the investigation is complete, cooperation with the prosecutor is essential.  The reason for this is, a conviction of the drunk driver on charges of driving while intoxicated, or a plea agreement pleading guilty to these charges can be used in the civil claim against the drunk driver to show they are responsible for the harm they caused.  A short review may be helpful.  In any drunk driving crash two separate cases arise, criminal and civil.  The criminal case is handled by the prosecutor and is based on the state’s criminal code.  The result of a conviction in a criminal case is usually jail and probation.  The civil case is brought to compensate the victim, to try to obtain sufficient funds to pay medical bills both past and future, lost wages both past and future, and money for permanent injury and pain. Both types of cases are extremely important.  The criminal case is brought to deter others from drunk driving.  The civil case is brought to compensate the injured person and his family.

In our next installment, we will talk about the sources of money available to compensate the hurt Hoosier, and his family.

At Young and Young, we are a family firm with a legal presence in Indiana for more than one hundred consecutive years.  We have been focused solely on injury accidents for the last 55 years.  We have the experience and resources to help Hoosier families recover what they need to live fulfilling lives.  Whether you have been injured in a car accident, a traffic accident, a truck accident, a motorcycle accident, or hit by a drunk driver, we stand ready to help.

Drunk Driver Compensation

Thousands of Hoosiers are killed, paralyzed, suffer spinal cord injury, brain injury, amputation, and wrongful death in a car accident with a drunk driver. Traffic accidents with drunk drivers cost the injured or killed Hoosier and their families dearly not only in medical bills and lost income, but also in the loss of the injured or killed persons love, attention and affection.  The reader might say that the lost wages and the medical bills are the real burden, but I say that loneliness is what we humans fear most.  Isolation from our friends and loved ones is terrifying.  It costs us our support network and our sense of security.  Taking a spouse or a child away from us opens a hole in our lives we may never again be able to fill.  If loneliness is not the worst loss we can suffer, then why are internet match services so popular, why do churches have mixers for singles, why is that when an old person is left alone they die more quickly?  Loneliness is devastating.

When the drunk driver enters our world and causes a fatal accident, or a car wreck that paralyzes, or a traffic accident that result in back injury and brain injury, the law gives the injured a remedy.  Often an accident attorney or accident lawyer will be an important early call.  This is important because the capable accident lawyer will immediately begin an investigation to preserve all the evidence needed to ensure proper compensation for the victim.

Tire marks on the road, such as skid marks, fade quickly on busy streets.  A good accident lawyer will visit the scene within days of being hired to document the scene with pictures and measurements.  You may think, well hey, the police have been at the scene, surely they will document the scene.  While this may be true, often they do not take enough pictures and often will make no measurements at all.  If a thorough documentation of the scene is not made, crucial evidence may be lost, allowing the drunk driver the opportunity to get away with not compensating you or your loved one.

In our next blog, we will continue with how a good accident and injury attorney insures you and your family are protected when a drunk driver causes a traffic accident or a highway accident.  The tips contained in this blog are based on more than fifty five years of experience investigating drunk driver car wrecks.  Fifty five years  of experience from a family law firm helping our fellow Hoosiers.

Drawbacks of the Interstate Highway System

Since President Eisenhower created the interstate Highway system in the 1950’s America has enjoyed the ability to move freely across the country in rapid pace.  In addition the trucking industry eclipsed the rail system in the volume of goods moved across the country.  In a real sense, the interstate highway system is a key factor to America becoming  a super power.  A consequence of the high speed roads, passenger cars must travel side by side with semi tractor trailers. This creates the very real potential for car wrecks which result in fatal accidents, back injuries, brain injury, motorcycle accidents, spinal cord injury and wrongful death.  A truck accident is one of the most devastating types of traffic accidents because of the vast difference in size between a truck and a car or motorcycle.  It is kind of like the rule of gross tonnage in shipping.  The ship with the highest gross tonnage usually wins in a collision.

In an effort to minimize the devastating effect of car truck collisions, trucks are highly regulated.  The Federal Motor Safety Carrier Regulations are an attempt to keep us all safe.  These rules and regulations were put into effect by an act of congress, after several statistical studies, included those performed by the Office of Motor Carriers of the Federal Highway Administration.   These studies revealed some startling statistics.  In 2005, 5,212 people died in accidents with trucks.  Those who were not killed, but were injured totaled more than 100,000. Almost 40% of those truck accidents were caused by truck driver error.

The Federal Rules can be found at Title 49 of the Code of Federal Regulation. Indiana adopted the Federal Motor Carrier Safety Regulation as part of our state regulatory scheme.   It may seem obvious, but the purpose of these rules is to promote uniform rules, applicable across the country for trucks and trucking.  In this way everyone has the same set of rules to follow so everyone can be safe.  This uniform set of rules also justifies the basic idea that ignorance of the law is no excuse.  This helps avoid truck accidents which might result in bad accidents resulting in paralysis.

In our next blog we will be covering specifics of the act.  Rest assured that Young and Young has the knowledge to fully and aggressively represent Hoosiers, and their families who have been hurt or killed in a truck accident.  We have had a presence in the Indiana Legal community for more than one hundred years.  Our Firm has been operating under the Young and Young name for more than 55 years.  We have represented hundreds of families involved in truck accidents.  We have represented families with serious injury including brain injury, spinal cord injury, paralysis and death.  We stand ready to help you and your family.

Protect Your Motorcycle Freedom

Motorcycles are a great way to see the country side.  Cruising down the road with the wind in your hair and nothing but the open road between you and happiness.  Motorcycles express the American dream in ways we feel deep in our collective souls: independence, rebel, free spirit.

Learning to be safe on a motorcycle should be the first step.  Indiana requires a rider to obtain a special license to ride a cycle.  Riders are encouraged to take a special course to learn the tricks and the dangers in riding.  ABATE offers a great class.

Most collisions or crashes between a cycle and a car occur because the driver of the car does not see the motorcyclist.  This happens when a car makes a turn across a cycle’s path, pulls out in front of the cycle or changes lanes when the cycle is in the car’s blind spot.  To avoid being put in this danger as a motorcyclist, you must always assume that you cannot be seen and ride defensively.  Your headlight must always be on.  Fortunately headlights today automatically come on when the cycle is started.  We are seeing dual headlights and flickering headlights which draw a car driver’s attention to the light.  Even with these aides you must drive within the speed, limit, pass only in passing zones, maintain a safe distance between cars, etc.

Even though a helmet is unpopular with many riders, it is an essential piece of safety equipment. One spill on the bike, with no helmet makes it likely that the old melon ( your head) is going to hit the pavement.  There is only a small piece of bone and a couple shear pieces of tissue between your brain and the pavement.  There is no cure for a brain injury.  The only way to deal with it is to avoid it.  You only have one brain, so protect it.  Protect it, if not for yourself, then for your lover, your child, your mom or dad, but protect it.  Be safe, wear a helmet.

Drive Like a Reasonable Person

In the Indianapolis Star, Monday December 14, 2009, a story describes the charges brought against a school bus driver who, allegedly, did not extend the stop sign on the bus when dropping off a child. The bus driver is facing potential jail time for her actions. The school bus is the most iconic transport for our children. It is equipped with stop signs to make the travels of the children, to and from the bus as safe as possible. The bus stops at all railroad crossings and has extended mirrors for safety. Those who refuse to stop for the bus stop sign or proceed with caution when a bus begins to slow or accelerate are not acting reasonably. A reasonable person knows that children do not always use good sense and do things which will put them in danger. Therefore, the reasonable person moves more slowly and cautiously around a school bus.

The reasonable person also behaves the same way when driving in a residential neighborhood or near a school. Children live and play in these areas. Children will do silly things, like run into a street without looking. We see all the time the “Kids Dart” signs. The reasonable person will treat a child like a stop sign, i.e. when there is a child, or children, present the reasonable person will be able to come to a complete stop in an instant to save the child. I tell my driving children that it makes no matter who’s fault the collision might be, if you strike and injure or kill a child, you will be haunted by it for the rest of your life. Getting to practice or the game or the party five minutes later is a small price to pay to live without that weight on your conscience.

The reasonable person is also always scanning for kids in the residential neighborhood. Kids are small and can be blocked by a car or a tree or other things. If there are children present, the reasonable person knows they can run into the street, and drives more carefully because of that knowledge. The reasonable driver knows that children sometimes sled down hills that lead into the street and that such a child will not be able to stop. The reasonable driver drivers more cautiously in residential neighborhoods because of this knowledge.

We all must live together. We must use caution to protect the lives of the precious children who cannot protect themselves. The reasonable driver does this by driving at reduced speeds in residential neighborhoods, and evermore cautiously when children are present.

Tiger Woods was Lucky in SUV Rollover

Tiger Woods drove out of his drive way at a high speed and lost control of his SUV.  Apparently the SUV hit a fire hydrant, and during this, Tiger Woods over corrected and the SUV rolled over.  Fortunately for Tiger Woods, the world’s greatest golfer and first billionaire athlete, he was not seriously injured.  To be sure, he suffered minor cuts and bruises, and his reputation is taking a beating, but he can still walk, and swing a club.  Many of our fellow citizens are not so lucky.

One reason for the SUV roll over is that it has a higher center of gravity.  The auto companies have placed a passenger compartment on top of a truck chassis.  This raises the weight of the vehicle and makes it just that much more unstable.  When the vehicle is involved in turning, the higher center of gravity may cause the vehicle to lift onto two wheels.  This causes or contributes to cause the roll over effect.

It has been thought that most rollovers resulting in death, paraplegia or quadriplegia were the result of the roof crushing down in the roll over and striking the driver or passenger causing a fractured cervical (neck) injury.  Depending on how high in the neck the fracture might result, the person is either killed or paralyzed.  Much study has gone into this issue.  One response is to strengthen the posts holding up the roof.  Other solutions have focused on the passenger restraint system (Seatbelts).  One theory has it that the person in the vehicle is thrown upwards toward the roof, causing the injury.  If the person can be held in place, on the seat, head impact with the roof is reduced or eliminated, as is the risk of death or paralysis.

Currently all vehicles have a three point restraint system for front seat passengers.  This consists of a lap belt and a shoulder strap.  Testing demonstrates this system is more effective in preventing ejection (being thrown out of the car) than the lap belt alone, but it is not effective in keeping the person firmly in their seat.  The three point system allows the rider to move about, side to side and up and down, while preventing ejection.  An alternative to the three point system is the five point system.  This system is modeled on racing restraint systems.  The five point system is excellent at keeping the passenger firmly in the seat.

The key to making this system work for a passenger vehicle is cost and comfort.  After, all if a passenger will not wear it, it is worse than the obsolete single point restraint (lap belt).   I hope that the auto industry does everything a reasonable person would do to make sure its SUVs and trucks are safe on the road, for every family driving one.

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

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