Category: Drunk Driving

We have stated many times that drunk driving collisions must end. I personally think the serious personal injury and even wrongful death caused by the recklessness of the drunk driver is shameful. It can be summed up in this way: What is good for me is good, it matters not how it affects you. The drunk driver is only thinking of themselves. They do not think about the consequences of their decision to drink and drive. Sad as it is to kill or maim a fellow Hoosier, it is just as sad when the drunk driver accident causes the death of the drunk driver. I know, it is hard not to say they deserved it, but try and say that to a child who will never have the benefit of hugging their mother, brother, father, or sister.

I know I am not alone in these feelings. I share with you the following link that proves others want to do away with drunk driving. I hope it helps you find a way to prevent others from driving drunk. Be careful.

Click here

John P. Young

On Monday afternoon, while I was enjoying Labor Day with my family I received a call from a distraught driver.  He told me of how he was driving through an intersection, on the green light, and was hit broad side by a drunk driver who ran the red light.  The caller’s partner was killed in the collision. The next day, my wife and I were walking our dogs near our home when we noticed paint marks on the road of a busy intersection.  I knew they meant that there had been a collision at the intersection, but I did not think much of it.  As we walked on, we met my wife’s sister who lives near the intersection.  She told us that a drunk driver had disregarded the stop sign and hit a motorcycle.  The two Hoosiers on the motorcycle were killed. 

What is going on?  I know we have done much better in the last decade focusing attention on drunk driving collisions, but this destructive behavior continues to kill, maim and ruin lives.  Consider these statistics from the National Highway Traffic Safety Administration:

More than a third of the people killed when an alcohol-impaired-driver* crashes are not the impaired drivers. In 2011, 9,878 people lost their lives because of drunk driving. These people make up one-third (31%) of all motor vehicle crash fatalities in the United States. The total number of people killed in motor vehicle crashes has fallen, but the proportion of those fatalities that are from drunk-driving crashes has remained the same for the past 10 years.

Our attitudes on impaired driving have changed but we still have room for improvement. Forty years ago in a roadside survey of drivers, almost 1 in 12 (8%) were driving drunk. The most recent data (2007) from the same survey shows that rate is down to 1 in 50 (2%), which is good progress. Those impaired drivers still claim the lives of nearly 10,000 people a year – and one-third are their passengers, occupants of other vehicles, pedestrians, or bicyclists. Drunk drivers cost our economy nearly $60 billion

Before you drink and drive, consider this- It can happen to you. 9,878 people is a good night for the Indianapolis Indians. Think about all those people, gone in the swig of a bottle. Do not drink and drive.

John P. Young –

Stupidity was out in full force and on full display this weekend. The worst thing about this stupidity is that these drunk driving collisions could have seriously injured an Indiana State Trooper. The events unfolded on Sunday morning June 30th. The mayhem was to take place at the intersection of 465 and east 56th street. Indiana State Troop Josh Graves was on duty and looking out for the good of us all. He was responding to a deer being hit by a car. The deer’s remains were still in the road when Trooper Graves arrived. Those remains were a potential hazard to other drivers on the road and had to be removed. Trooper Graves did what needed to be done and was clearing the road when a drunk driver, Fredrick Allen, hit Grave’s squad car. We are thankful that Allen did not hit the Trooper. Yet, the trooper’s lights were in operation, so we assume Mr. Allen had to be significantly impaired when he chose to get behind the wheel and drive.

The stupidity does not end there, however. Another trooper was called to the scene to investigate the first drunk driving collision. Trooper Mike McCreary and Mr. Allen were sitting in Trooper McCreary’s car when a second drunk driver, Edwardo Frias, hit McCreary’s car. Again, thankfully, Trooper McCreary was not hurt.

Come on fellow Hoosiers. If you drink, do not drive. Save yourself. Save others.

John P. Young –

You are at a party, a bar, in your home.  You choose to drink alcohol.  You don’t think much of it, everyone does it.  Your start to feel good.  If you don’t feel invincible, you don’t really care about anything.  Your sense are dulled, and you are sluggish.  It is time to go home.  It is time to go to another bar.  It is time to get fast food.  You do what you always do, you go for your car keys.  Only most of the time you are not drunk.  Now you are, and you are getting into a 2000 pound powerhouse of glass steel and rubber.  You do not think what it takes to operate this machine safely, heck you have been driving safely for years, you say to yourself, I can handle it.  You don’t think about what the energy in this car can do to the human body.  You don’t think about the horrific personal injuries you can inflict.  You don’t imagine what it must be like to lie in a bed, trapped in a body that no longer moves because it is paralyzed.  You don’t think about what it must be like for the injured Hoosier to lie awake at night and deal with the anxieties that afflict one who is responsible for taking care of a family and can no longer do that.  You don’t think about the little child who wakes up and has to be told that his mommy won’t be coming home because she has suffered wrongful death at the hands of one who does not think, or care..

It would be nice if an angel could show you what your thoughtlessness does to families, but that is not the world we live in.  We have to anticipate the consequences of our actions, and take steps to ensure that we do not needlessly endanger those around us.  Think while you are sober about the dangers.  Drum it into your head. Maybe, just maybe, if you do that you will choose not to be a drunk driver, and another family will be allowed to enjoy each other and the security a family provides.

Merry Christmas. What I want for Christmas is for every loved one to be home, in the bosom of their family for the season.   If we all pull together we can make this happen.  What I mean is do not drink and drive. Drunk Driving Accidents prevent loved ones from being with their families over the holidays. Drunk Driving crashes cause serious personal injury including, but not limited to broken bones, spinal cord injury, Brain injury and wrongful death.  Brain injury not only takes the loved one out of the home and puts them in the hospital.  Brain injury will affect the family every Christmas to come because of the care needed by the survivor, and the fact that brain injury changes the survivor, such that they may not be the same person they were. Spinal Cord injury, please don’t place this burden on a fellow Hoosier, and their family.

Drunk Driving crashes also take the driver out of the home.  If the drunk driver is not dealing with a serious personal injury, and in the hospital, then they will be in the drunk tank.  Either way, they are not home for Christmas.  Please don’t make little Billy and Suzie ask “where is my mommy?”  or “When is daddy coming home?”.  Be there for them.  Allow your fellow Hoosiers to be their for their families.  Give your keys to a designated driver.  Take a cab.  Walk home.  Call a friend, just don’t drive drunk.

Drunk Driving causes serious personal injury and wrongful death.  Drunk Driving in a semi tractor-trailer magnifies the danger to Hoosier families.  Alcohol, speed and great weight are a recipe for disaster.  The Federal Government recognizes this danger and has taken steps to minimize the danger associated with big trucks being operated by drunk drivers.  Of course, the reputable and smart corporations and drivers recognize that drunk driving is not in their best interest either.  The reputable and smart companies and drivers take steps to insure that alcohol is not used when the driver is operating a semi tractor-trailer.  However, there are always those few companies, and those few drivers who do not know how the use of alcohol and driving drunk will hurt not only others, but themselves and their businesses.

We have copied the pertinent rules from the Federal Motor Carrier Safety Regulations and pasted them below for your ease of reference.  As you can see each employer is required to conduct alcohol, and illicit drug, testing as an ongoing part of the drive to reduce drunk driving accidents. We study these rules and know that a violation of these rules indicate that the violators are not being careful and how that lack of being careful has caused you and your family serious injury and possibly wrongful death.  If you have any questions about a semi tractor-trailer collision that is affecting your family, loved ones or friends, please give a call.  We will meet with you and explain your rights.

382.101 Purpose.The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

382.105 Testing procedures. Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part.

382.103 Applicability.(a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to:(1) The commercial driver’s license requirements of part 383 of this subchapter;(2) The Licencia Federal de Conductor (Mexico) requirements; or(3) The commercial drivers license requirements of the Canadian National Safety Code.(b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.(c) The exceptions contained in §390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in § 390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section. (d) Exceptions. This part shall not apply to employers and their drivers: (1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or(2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or (3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:

Code of Federal Regulations171

(i) Operators of a farm vehicle which is:(A) Controlled and operated by a farmer;(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;(C) Not used in the operations of a common or contract motor carrier; and(D) Used within 241 kilometers (150 miles) of the farmer’s farm.(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.

The holidays are upon us.  We spend time with friends and family giving thanks for the love of our families and friends and for the bounty we enjoy.  Part of the festivities will probably include alcohol.  We want to take this time to remind you to give the gift of life, Don’t Drink and Drive.  Drunk driving accidents lead to serious personal injury and wrongful death that ruin families.  The greatest gift you can give another person is to put away the keys and make the choice to avoid drunk driving.  Call a cab, sleep where you are, walk, ask a friend to take you home.  This gift will spare innocent drivers from broken bones, paralysis, spinal cord injuries, brain injury and wrongful death.  This gift will allow other drivers to get home safe to their children and spouses.  This gift will allow you to get home to your spouse, children and or parents.  This gift will keep on giving as it will allow you to walk with your head up, knowing that you did the right thing, and without the guilt associated with causing another human being the suffering caused by serious personal injury.  This gift will keep on  giving because you will not have to answer that question about a felony on the job application in the affirmative and then have to explain how a very bad decision changed the lives of so many fellow Hoosiers.  This gift will keep on giving because your children, and people who look up to you will follow your example and save themselves from the horror caused by drunk driving.  This gift may keep on giving by allowing another to live who might find the cure for cancer who might save one of your loved ones.

There are so many reasons to give the keys way if you have been drinking.  Find the one you can get behind and give those keys away.  Have a Happy Thanksgiving.

There is a dirty little secret about drunk driving accidents in Indiana.  Mothers Against Drunk Driving (MADD) has done a tremendous job educating the public about the dangers of drunk driving accidents.  Drunk Driving Accidents cause serious personal injury and wrongful death.  Its affects reach to the families who lose their loved ones or who must become caregivers to those no longer able to do for themselves because of the injuries caused by drunk driving accidents.  As we all know, a drunk driver is not a responsible member of society and may not have enough insurance to pay for the harm they cause.  That is why, at Young and Young, we recommend that you make sure you have at least enough in “Medical Payments Insurance” to pay the deductible on your health insurance policy.  This protects you against out of pocket expenses.  Second, we recommend that you purchase as much Uninsured Motorist Coverage/Underinsured Motorist Coverage AS YOU CAN AFFORD.  This insurance will pay for the damages you have, but for which the drunk driver does not have enough insurance to cover your losses and harms.

Now for the dirty little secret.  You probably know that bars can be held responsible for harm to a person if they serve a person alcohol who is visibly intoxicated, and that person drives off from the bar and causes serious personal injury or wrongful death.  What you don’t know is that the bars are not required to maintain insurance which will pay for your damages if the bar serves a visibly intoxicated person and that person causes a drunk driving accident.  We do not have statistics as to how many bars do and do not carry this coverage, but we do know that a substantial number of bars do not carry such insurance.  This means that the injuries you suffer at the hands of the drunk driver who was over served at a bar will fall to you and your family.  The bar continues to make money, but you can’t work, you have huge medical bills and your family suffers.  We do not think this is right. You may say, well isn’t it really the drunk drivers fault? And the answer is that the drunk driver is to blame, but, if the drunk is in the bar, and is visibly intoxicated, they must not be served and caused to become even more drunk.  We encourage all bars to car liability insurance which will cover the harms caused by this kind of negligence. We also encourage bars to properly train their employees to take seriously their obligation to identify visibly intoxicated persons, and not serve them.

The holidays are a time to be of good cheer.  Common at all parties is alcohol.  Common to alcohol is drunk driving.  Common to drunk driving are drunk driving accidents.  Common to Drunk driving accidents are serious person al injuries including brain injury, broken bones, paralysis and even wrongful death.  Common to serious personal injury is the devastating impact on families.  Bread winners can’t work.  Crushing medical bills drive Hoosiers into bankruptcy. Homes are lost.  Families are splintered. All because someone does not have the restraint or sense to call a cab, or walk or let someone else have their keys.

For the sake of all Hoosier families, including your own, if you are going to be drinking, resolve beforehand that you will not drive.  Keep a cab telephone number in your purse or wallet.  Leave your car at home and take a cab both ways.  Allow someone who has not been drinking to take your keys and drive you home. Do anything, but do not get behind the wheel drunk.  Do not destroy your life and the lives of Hoosier families. Don’t drink and drive.

Drunk driving accidents are a scourge on the Hoosier state and the Country.  Serious personal injury, including but not limited to, broken bones, paralysis, spinal cord injuries, brain injuries and wrongful death are what we reap when drunks drive.  Hoosier families are ripped apart on both sides of the steering wheel.  One family either loses a loved one or has to watch as their loved one struggles to pay bills, earn a living and support their children.  On the other side of the steering wheel, a Hoosier family has to watch their loved one go to jail, and struggle to make ends meet while the bread winner is in jail.  It is a no win situation.  It starts with a person’s lack of empathy (the ability to feel and understand the situation of other people), and leads to making decisions that cause death and destruction.

Well, we finally have good news to report.  We are making headway in the fight against drunk driving.  A new federal report (from the Centers for Disease Control) indicates that drunk driving accidents have decreased 30 percent over the last five years.  To put this in perspective, out of every 100 Hoosiers, 30 fewer people suffered serious personal injury or wrongful death in the last five years than was the case in the five years preceding.  This means there are 30 people who are still working, earning a living, caring for their families and being productive members of society.  While this is a great thing, it is still not enough.  For those thirty people who escaped injury, there are 70 who needlessly fell victim to the reckless indifference of a few Hoosiers who do not care enough about themselves and others to avoid driving while drunk.  

Please, designate a driver, call a cab, walk, call a friend.  Do anything, but do not get behind the wheel of that car after you have been drinking.

In law school we talked a great deal about the mythical reasonable person.  A reasonable person is easy to identify in some situations such as, a reasonable person will always stop at a stop sign.  A reasonable person will always follow warnings on products. But it is not always easy to know what the reasonable person will do.  If a person reads a warning on a product, but does not understand it, are they being reasonable if they use the product?  If a person is attempting to pull out of a parking lot, but cannot see and another driver waives them out is the first driver being reasonable if they pull out and then is hit by a car they did not see?  Why is reasonable person worth discussing.  The reasonable person is worth discussing because as we go through life, in this social world of ours we try to behave in such a way that we allow everyone to live their life the way they wish to, including ourselves.  When we fail to act reasonably, such as driving while drunk, causing a drunk driving highway accident, or we do not follow OSHA rules and regulations at a construction site and a construction accident happens.  When accidents happen people suffer serious injury such as amputations, paralysis, broken bones, brain injury and even wrongful death.

When injuries do happen, and a person is forced to sue (usually because the insurance company for the person who failed to acted reasonably and the injured person cannot agree on what is fair compensation), the law tries to look back and see if the person who caused the injury acted reasonably.  If you are ever selected to serve as a juror in a case involving personal injury, you will hear a lot about the reasonable person.  You will be instructed by the Court that id the person who is charged with causing the injury failed to act like a reasonable person, then that person will be responsible to fairly compensate the injured person for all their injuries.  (Remember, this compensation will be paid by the person’s insurance company and the person will not have to pay anything out of their pocket).

In conclusion, as you interact with everyone else, the law requires that you act as a reasonable person would act so as to not cause injury to another.

We have preached over and again about the dangers of drunk driving.  We have talked about making the personal decision not to drink and drive.  However, we have left off the issue of preventing your friends from drinking and driving.  As we all know, the drunk driving accident causes wrongful death and serious personal injury including brain injury, spinal cord injury resulting in paralysis, broken bones, amputations and other very serious and debilitating injuries.  The social cost of drunk driving accidents is in the billions of dollars in terms of medical bills, lost wages, inability to work and support ones family.  We all know that there are people who have not made the commitment to themselves and to the rest of their fellow Hoosiers to not drink and drive.  These folks will get drunk and not think twice about the harm they are going to cause.  There are also those who, because they are drunk, have forgotten their sensible commitment not to drink and drive.  It is for both these groups of people that the friend needs to step in and prevent a tragedy.

In this light, we salute the efforts of Timothy Bolger, age 20, for his efforts to stop his friend from drinking and driving drunk.  On Tuesday night, August2, 2011, Mr. Bolger’s friend, one Madeline Lemke, age 18 was at a party where the friends of Patrick Trainor were gathered.  You may remember Mr. Trainor, he, lost his life when he drove into a retention pond and drowned a few years ago.  Mr. Bolger tried to stop Ms. Lemke from drinking and driving.  Unfortunately for Mr. Bolger, Ms. Lemke was too intoxicated to respect his efforts and injured him with her car, while he was trying to stop her from driving.  We wish Mr. Bolger a speedy and full recovery while we acknowledge his bravery and empathy for other Hoosiers using our roads.  His efforts stopped Ms. Lemke from killing others on the road.

Anytime there is a gathering where alcohol is being served, non alcoholic drinks and water should be made available.  The designated driver must be found and supported.  There job is so important to the welfare of everyone.  The designated driver should have available to them the number of a reputable cab company, and the ability to talk to those who are drunk so that they see the danger they are putting themselves in and the danger they are putting others in.

We all know about drunk driving accidents and how they cause wrongful death and serious personal injury to the victims. I have written several blog entries on the subject of DWI. Given all the attention to automobiles, it is likely that boating while intoxicated may be overlooked.  The laws against operating a motor vehicle apply with equal force to motor boats, after all, a motor boat is a motor vehicle.  It is illegal to operate a motor vehicle, including a motor boat with a blood alcohol level of .08 or more.  It is also illegal to operate a motor boat in an impaired state. The Indiana Department of Natural Resources, and other law enforcement agencies, are charged with the task of enforcing these laws on our state lakes, reservoirs and rivers.  That’s right, it is illegal  operate a boat on White River in an impaired state.  I know it has been more than twenty years ago, but the shock of the accident is still strong.  Two boats collided on the white river near the Keystone Bridge in Indianapolis.  One boat was taking a slow cruise.  The other boat was travelling at a high speed.  The fast moving craft road up and over the slower moving vessel and killed a passenger on the slower moving vessel.  Alcohol was a factor in the collision.

We recommend that boaters take the same preventative steps as car travelers and designate a designated driver.  Bring plenty of water and soft drinks.  These soft drinks and water are not only for the designated driver, but are also for the others on the boat.  The combination of consuming alcohol in the direct sun will cause dehydration, a dangerous condition. We love to boat.  We love to boat with our friends.  We love people who take responsibility for their actions by planning ahead and are prepared to protect themselves and all others on the waterways.

As most of my regular readers know, I am not fond of people who drink and drive. It is a selfish act, part of that what’s good for me is good way of thinking no matter how it might affect fellow Hoosiers.  Well, I can tell you how drunk driving accidents affect your fellow Hoosiers, it causes them to mourn the wrongful death of their loved ones. Drunk driving accidents take parents away from children, including their guidance and their support.  Drunk driving accidents take away your fellow Hoosiers ability to walk if they have a spinal cord injury resulting in paraplegia. It takes away their freedom from pain caused by broken bones, burns and amputation.  Drunk driving crashes take away a parents hopes for a bright future for their injured or wrongfully killed children.

Well, just when you thought it could not get any worse, a mother takes her small child on a wild drunken ride, resulting g in the car crashing into a house. Cathy Crawley, Greenwood, endangered her child, the Hoosier home owners and herself by drinking and driving. She likely has an alcohol problem she is not dealing with.  Her license has already been suspended for life for other infractions.  Well, if the proof is strong that Ms. Crawley was drinking and driving on a suspended license with her child in the car, then she is not learning her lesson.  We say, take away her liberty before she kills someone. If she cannot control herself, we must control her.  That is a real shame, but what else can be done.  Ms. Crawley alcohol is already taking you away from your family.  Maybe jail will help you understand your issues and make you seek help.  We hope so for your sake, for your daughters sake and for all Hoosiers’ sake.

As many of you know the David Bisard case arises out of an alleged drunk driving case.  David Bisard, while on duty with the Indianapolis Metropolitan Police Department was allegedly responding to an emergency call.  While on his way, he ran into the back of three motorcyclists, killing 30 year old Eric Wells and severely injuring two others.  The collision scene was treated as a personal injury accident scene, instead of a crime scene.  The difference between the two is with the crime scene evidence is preserved about the alleged crime.  At an accident scene, evidence is not generally preserved.  It is not clear when, if ever,  the officers at the scene began to suspect that officer Bisard might be intoxicated.  Regardless, he was transported from the scene of the collision to a lab to have him tested for alcohol.  The lab was not certified for evidence taking which casts doubts upon the admissibility of the results of the tests at any criminal trial against Bisard.

 Former Marion County Prosecutor, Carl Brizzi, actually dismissed the charges against Bisard citing problems with the tests.  Once in office, current Marion County Prosecutor, Terry Curry, refilled the charges and is now pursuing those charges.  Defense counsel for Officer Bisard has filed papers with the Court, in which the criminal case is pending, asking the Judge to rule that the tests results are not admissible in Bisard’s criminal case. In addition the defense has asked the Court that if it finds the test results are not admissible, to dismiss the drunken driving charges against Bisard.  The logic of that motion is that if you have no admissible evidence that Bisard was intoxicated, you cannot prosecute him for drunk driving.

Marion County Judge Grant Hawkins is holding a hearing today to hear the positions of both the defense and the prosecution on the merits of the defense motion.  It is not likely that the ruling will be issued today.  This is a very complex issue and the judge will probably want to consider the arguments and the law before he issues a ruling.

Although we accept that Bisard is innocent until proven guilty, we still want to take this opportunity to raise awareness about the dangers of drunk driving. Drunk driving is a selfish act that hurts not only the victim, but their family as well as the family of the drunk driver.  Call a friend, call a cab, walk.  Do anything, but do not drink and drive.

 We are Indiana Serious Injury Attorneys.  A big part of what we do is help seriously injured Hoosiers obtain fair compensation for the injuries caused by negligent Hoosiers.  A large portion of those injuries were caused by what we always refer to as drunk drivers. Maybe we should change our words.  Although Mothers Against Drunk Driving has drunk driving in its name, they know that all drivers who are impaired and should not be driving are not drunk on alcohol.  Many drivers are impaired because of the use of illegal street drugs, or the abuse of everyday household products.  Take for instance a tragedy which has befallen a Southern Indiana family. Brandon E. Miller has been charged with causing the death of his step brother in a auto collision where Brandon was impaired on something other than alcohol.  Apparently Brandon Miller was smoking pot, drinking large amounts of cough syrup, to get a high off the chemical in the syrup, and inhaling an aerosol propellants.  One of these chemicals is bad enough, but all three at the same time definitely caused Mr. Miller to be impaired.  Mr. Miller chose to drive in this impaired state and ran off the road into trees.  The collision killed Mr. Miller’s step brother Ryan Vanhentenryck.   Our sympathies go out to this family and we sincerely hope that Mr. Miller will turn his life around, to honor the loss of his brother.

We take this time to inform our readers that an arrest has been made in the hit and run collision we discussed recently. Geoffrey Collins, age 24 has been arrested and charged with leaving the scene of a serious injury accident.  David Smith died of injuries sustained in the collision and Jason Pedigo is in serious condition at Methodist Hospital. Apparently Mr. Collins admits he was driving the car that killed Mr. Smith and seriously injured Mr. Pedigo.  Thanks to the citizen who provided the police the tip that led to Mr. Collins.  We also salute the Indianapolis Metropolitan Police Department for their fine work in bringing this criminal to justice.

Did you know that there are different statutes dealing with drunk driving? I want to address just a few.  The first is the statute that we are likely to use against a first time offender. See 9-30-5-1.  This statue makes it a crime to operate a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or (2) two hundred ten (210) liters of the person’s breath.  A violation of this statute is a class c misdemeanor, i.e. punishable by among other things less than one year in jail.  We think this is too lenient. It is no secret that drivers with this much alcohol in their blood are dangerous because they cause drunk driving accidents.  In these drunk driving accidents, innocent Hoosiers suffer wrongful death and serious personal injury such as spinal cord injury, broken bones and brain injury. As the rate of drunk driving remains at a constant level, it is clear that this punishment is not effective at deterring drunk driving.

If a driver operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol per (1) one hundred (100) milliliters of the person’s blood; or (2) two hundred ten (210) liters of the person’s breath; they commit a commits a Class A misdemeanor. Still the punishment is less than a year in jail.

While it is true that if the drunk driver causes serious bodily injury or death, the punishment is enhanced to a C felony, punishable up to 8 years in jail, rarely will the drunk driver spend any more than four of those years in jail.  Four years can seem like a long time, but I have yet to know a family that is not shocked at the leniency the criminal justice system shows to one who chooses to drink and drive, knowing the potential consequences, when the drunk driving accident kills or seriously injures a loved one. If we are to deter this kind of behavior we must use a multifaceted approach including alcohol awareness for teens, parents talking to their kids about the dangers of alcohol, effective treatment and strong punishment to make people think twice before they get behind the wheel after drinking.

At Young and Young, we travel all over the State of Indiana from our Indianapolis offices representing Hoosiers who have been seriously injured in drunk driving accidents.  We are your Indiana Drunk Driving accident Lawyers.  Our lawyers aggressively pursue drunk drivers for our clients.  We know that drunk driving accidents cause serious and severe injuries including spinal cord injuries, brain injuries, paralysis, broken bones, blindness , burns and even wrongful death.  Our purpose is to force the drunk driver to compensate you and your family for your serious injuries.  Having represented thousands of seriously injured Hoosiers, we know that these injuries can cause you to have huge medical bills, including future medical bills, lost wages , pain and permanent injury to your body and its ability to function.   The person who chooses to get behind the wheel after having too much to drink is obligated to do what all our mothers taught us when we were very young.  If you make a mess, it is your responsibility to make up for all the harm you cause.  We make sure that the drunk driver makes up for all the harm he causes by making up for your medical bills, both past and future.  We make sure the drunk driver makes up for your lost wages and the pain he causes and the permanent problems you have with your body.  It is, after all, only fair, you did nothing wrong.

We now report the unfortunate news that a Noblesville man was arrested and charged with driving while under the influence causing death. Brent Ward was arrested for causing the death of his girlfriend.  The preliminary reports regarding Mr. Ward’s alcohol level is that he was twice the legal limit for operating a vehicle.   We know Mr. Ward did not intend to harm his girlfriend, but he chose to get behind the wheel while he was intoxicated.  He knew, or he should have known that this was a stupid choice. Now he will live with his choice for the rest of his life, while his girlfriends family prepares to bury her.

In closing we want to say to you Butler Bulldog fans, celebrate wisely.  Do not drink and drive.  If you must drink, appoint a designated driver, call a cab, walk, but do not turn what is likely to be a grand celebration into a tragedy for either yourself or for an innocent Hoosier family.

He is a man from a wealthy and prominent Indiana family.  He runs a very successful furniture business.  He is the former head of the Indiana State Republicans.  He had hopes of high political office.  Now Jim Kittle is the center of attention for another reason.  He chose to get behind the wheel after drinking alcohol.  This is not merely an allegation, Mr. Kittle has accepted a plea agreement and has admitted his mistake.  The plea deal does not call for jail time.  This is Mr. Kittle’s first offense and jail time likely will not be of benefit to either Mr. Kittle or society.  I recognize that everyone makes mistakes.  I recognize that jail will not likely do any good in this situation.  That being said, I want to take this situation as an opportunity to reinforce the message: DO NOT DRINK AND DRIVE.         

 Mr. Kittle you were lucky.  No, that’s not really the point.  Some Hoosier family, maybe mine, maybe yours, was lucky when you decided to get behind the wheel after too many. Hoosiers were lucky because the harm you could have caused did not happen.  You could have caused the wrongful death of my mother.  You could have caused a drunk driving accident that caused a spinal cord injury to my son and paralyzed him and his life. Your drunk driving accident could have brain injured a bright and energetic Hoosier who would then no longer be able to live their life as they wanted to.  You could have caused broken bones to an innocent child.  And for what?

 Mr. Kittle, did you stop to think that any of the people you could have hurt would probably have to had to go on disability and be taken care of by the Medicare system.  So, all of society would have had to pay to support the Hoosier you could have wrecked in an instant of bad judgment.   I have heard you speak.  I know you are a social and fiscal conservative.  Your drinking and driving is consistent with neither fiscal conservatism nor social conservatism. Your actions are hypocritical.   These are harsh words, I know, but they pale in comparison with the harsh realities of the devastation you could have inflicted with your careless actions.  Now is the time to do the right thing.  Do not hide in shame.  Stand up, speak to the people.  Tell the people what you have done, why it is wrong and what you are doing to make sure it never happens again.  Maybe an act of selflessness such as this will help another Hoosier avoid the mistakes you have made.  Now is your time to be a man. HOOSIERS: DO NOT DRINK AND DRIVE!

At Young and Young we take drunk driving accidents very seriously.  The drunk driver is careless of the safety and completeness of Hoosiers families.  It is our position that if you drink and drive and you seriously injure a Hoosier and their family, you are responsible for fully making up for the harm you cause.  Think of it in a different way, think what you are doing to yourself and your own family.  If you drink and drive, and you seriously injure another Hoosier, or cause there wrongful death, you are going to jail.  You are responsible for making up for the harm you cause to the other family.  You will be taken from your family and deprive them of your company and support.  Drinking and driving causes drunk driving accidents. It is a no win situation.  Do not drink and drive.

Some safety tips associated with being in a car in water, try not to panic.  The pressure on the door caused by the water will keep you from opening it until the water pressure on the inside of the car equalizes.  This means that you will be in water in the car, but you will soon be able to open the door and swim out.  Remember, retention ponds are generally not deep.  They are there to hold water to prevent flood in developed areas.  Therefore, you will not be forced to hold your breath for a long time before you hit the surface.  It may be advisable to carry a hammer or other blunt object to break the window in order to get out.  Also remember just because the car is submerged and the engine is off, that does not mean the electrical system is not working.  If you have electric windows, they should still function, allowing you to bring one down and escape the car.

 We hope you never have to deal with this situation, but if you do, do not panic.  When you panic you do not think straight and your chances of survival go down.