General Attorney Articles by Young and Young, Indianapolis Attorneys

Do We Handle Civil Lawsuits in Indianapolis, IN?

Posted on March 4, 2013January 10, 2024 by John Young

Does Young & Young Handle Civil Lawsuits?

I received a call today from a potential client. She said she had been on our website and saw that we handled cases involving automobile accidents, drunk driving accidents, semi tractor-trailer accidents , construction accidents and the like. She also said she knew that we worked frequently with people who have serious personal injury including brain injury, broken bones, spinal cord injuries, paralysis and disability. However she did not know whether we handled civil suits. This made me think that our website needs a little clarification.

Types of Legal Proceedings

There are two basics types of legal proceeding, Criminal and Civil.

What is a Criminal Legal Proceeding?

Criminal proceedings (aka criminal cases, criminal suits, criminal prosecutions) involve the government charging an individual with a crime.

What is a Civil Legal Proceeding?

Civil proceedings (civil suits, civil claims, civil lawsuits, or civil administrative matters) involve all other types of legal proceedings. All claims involving serious personal injury are civil suits. This is all we do.

Young & Young is Dedicated to Civil Lawsuits

Basically, we represent anyone who has been seriously injured and the facts of their case establish that their injuries were caused by the negligence of another person. We carefully screen each case to make sure that the facts of any claim support the claim for serious injury. We do not waste our time on frivolous claims.

Need A Top Civil Law Firm in Indianapolis?

Schedule a FREE Consultation with Young & Young Today!

If you have been injured by the negligence of another person, please call or email us, we want to help.

Dangers of Texting While Driving

Posted on February 25, 2013January 10, 2024 by John Young

Texting While Driving is Very Similar to Drunk Driving

Statistics tell us that a person who is texting while driving is distracted to the point that the driver is the equivalent of a drunk driver.

Is Your Teenager Informed About the Dangers of Texting & Drinking While Driving?

I am pleased to report that in my world the teenagers I encounter are well educated about the danger of drunk driving. I hear many stories about parents who speak frankly with their children about drunk driving. This may include telling them to stay where they are, call a cab which will be paid for no questions asked when they arrive home, or even getting up and picking them up. We are not condoning teen alcohol consumption and believe that all steps must be taken to educate teens about the dangers of alcohol, the positive features of abstinence and moderation. However, we know that teens are, at sometime, going to experiment. This means they will lose control. This mean they must know that we are there to help them when they need it.

Texting While Driving Can Have Severe Consequences

Although education programs are increasing teen awareness of the dangers of texting while driving (TWD) more must be done. Parents, the laws against TWD are difficult to enforce. We cannot rely upon the police to protect our children. We must talk with them in the same way we must talk with them about the dangers of drunk driving. Serious personal and wrongful death are the consequences of TWD. Not only does TWD pose a threat to others on the road, but it is a threat to the texter. Paralysis, broken bones, brain injury and other serious personal injury await those who text and drive.

Don’t Text & Drive – It Can Wait!

Put that phone down, or stop at a safe location. Your friends will understand if your response is delayed. If they do not, they are not true friends.

Dear Drunk Driver

Posted on February 4, 2013November 3, 2020 by John 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.

High Speed, Ice and Semi Tractor Trailers

Posted on February 1, 2013September 16, 2020 by John Young

Yesterday, it seems, was a bad day for semi tractor trailer crashes. Two multiple vehicle pile ups occurred. One in Indianapolis, just west of the city on I-70. The second took place in Detroit. Unfortunately three people suffered wrongful death and as many ten people suffered personal injury. Reading about these events reminded me of my recent brush with catastrophe. I was traveling south on I-65 and was near the Southport exit. It was snowing hard and the normally three lane road was compressed into two lanes with the left hand lane partially covered with snow. Almost all the traffic was travelling at a reduced rate of speed. Most of the semi tractor trailers were in the left hand lane and were travelling about 45 miles per hour. This is in keeping with the Federal Motor Safety Carrier Act rules regarding reduced speed on a highway in bad weather conditions. In additions the truckers were maintaining plenty of room between them and the next truck. This is another good safety procedure, given that if the truck in front loses control, there may be room and time enough for the second truck to avoid hitting the first truck.

I am in the left lane and travelling about 50 miles per hour. In front of me is another car going the same speed. I honor the 2 second rule I was taught in drivers ED. many, many years ago. I am passing a semi tractor trailer, and the snow it is kicking up is almost blinding me. I say to myself to remain calm, keep control and I will get by. Just as I am saying this, a car approaches me from the rear. I can see it is going much faster than I am, but there is nowhere for me to go, so I brace. The car comes up on my rear, less than a car length behind me and flashes their lights. I think to myself, “Where am I going to go, and where does this person think they are going”. What I am now sure of is that if there is any trouble with my car, the truck immediately to my right, or even the car in front of me, this car in back is going to hit me and all hell is going break loose. I keep my cool and slowly move past the truck and ease into the right lane. This takes about 5 minutes. As I do, the car behind me, with a 20 something at the wheel gives me a dirty look, looks down at her phone and runs right up on the tail of the driver in front.

I was glad to be rid of my tailgater. However, I am hoping this little story will help you remember to reduce speed on the highway, give the car in front plenty of room, and remember that everyone on the road deserves to get home to their loved ones alive and safe.

How to Get Medical Bills Paid When Injured

Posted on January 30, 2013March 12, 2024 by John Young

Learn Helpful Tips to Get Your Medical Bills Paid

When you are injured and have lost wages, have medical bills and serious injuries you are confronted with financial hurdles you were not expecting. If you remember these tips it can save you some stress and get your medical bills paid more easily and efficiently.

The Party that Caused Your Injury Is NOT Always the Best Path Forward

If you are injured in a traffic accident, a fall, by product failure or other means you are going to incur medical expenses. Often injured people think the other side (i.e. the person or business that caused their injury) should pay for their medical expenses. This is not always the best path.

There Maybe Alternative Paths with BETTER Outcomes

Sometimes you have no choice, for example if you are hurt at work your workers compensation should pay medical expenses and some wage loss for your injuries. Note however even if you are hurt at work there may be another party that also caused your injury and you may have a personal injury claim against them as well. That is helpful because workers compensation does not pay for all your injuries and harms. If you are a trucker in a truck collision you may have a workers compensation claim and a claim against other driver(s) who contributed to the collision occurring. This claim would compensate you for your full wages, pain and suffering and other harms not covered under workers compensation.

You Could Lose Control of Your Medical Care

If it is not workers compensation then having the “at fault ” parties insurance paying for your expenses takes your control of your medical care out of your hands and places control of your medical care in the hands of the wrongdoers insurance company. That can be disastrous. When the other insurance company says they will pay but then does not do so promptly or disagrees with the method or amount of treatment it can affect your physical recovery and economic recovery. This can affect your ability to get well and gives them control over your care.

3 Types of Insurance to Cover Medical Expenses

There are usually 3 types of insurance that could help you with your medical expenses.

1) Workers Compensation Insurance

The first is workers compensation if you are hurt at work and we have discussed that already.

2) Your Health Insurance

The second is your own health insurance, if you have it. This could include private insurance, Medicare or Medicaid.

3) Med Pay

The third type of coverage is what is called med pay and it is like a health insurance that is tied to a particular vehicle or location and will pay a limited amount of medical bills. Health care providers will want to use you med pay first because they will get more money that way. For your protection you are better to have medical providers bill your insurance ( even if it is Medicare or Medicaid first ) and use your med pay to pay any deductible or co-pays. This gives you the best protection and gets your bills paid.

The last thing you need when injured in collision, or accident is for a collection agency to keep calling you regarding an unpaid medical bill.

If a medical provider refuses to bill your health insurance or an insurer refuses to pay a bill you should consult an attorney who handles personal injury claims to help you get your medical expenses payment plan on the right track.

If you need help dealing with bills after an accident, you can count on the expert personal injury attorneys at Young & Young Law in Indianapolis – contact us today for a FREE consultation!

What Does Super Lawyer Mean?

Posted on January 28, 2013January 10, 2024 by John Young

When Choosing A Lawyer or Law Firm for Your Case, Look at Their Legal Experience

I am a double Board Certified Trial Lawyer. I am Certified by the National Board of Trial Advocacy and by the National Board of Civil Pretrial Practice Advocacy. In order to achieve this status, I had to represent seriously injured Hoosiers in a number of cases. This includes participating in trials, participating in the preparation necessary to bring the cases to trial and then passing an eight hour written test. I have to renew my Certification every 5 years. In other words, I earned this certification. I earned it by representing Hoosiers in automobile collisions, semi tractor-trailer accidents, construction accidents, drunk driving accidents, road design cases and many, many more. I earned this certification by representing seriously injured Hoosiers including those with paralysis, spinal cord injuries, brain injury, broken bones, wrongful death and more. I earned this certification through almost 25 years of hard work.

What is A Super Lawyer?

A Super Lawyer is an advertising gimmick. You do not have to have any skill to be a super lawyer. You do not have to have tried any cases. You do not have to know anything about preparing a case for trial. It is true that you have to be elected , at one point to be a Super Lawyer. However, two of my partners have been Super Lawyers for more than ten years and they do not even know why. In fact, one of my partners has complained to the Indiana Supreme Court that the Super Lawyers gimmick is misleading to the public and is not a true reflection of a lawyers worth or merit. You will see a magazine put out in a few weeks that has a bunch of glossy adds about Super Lawyers. Know this about that, they are only ads, and the real reason it is being done is to make money by the magazine for the costs of the adds.

Be Careful Who You Hire As A Lawyer – ALWAYS Do Your Research First!

Choose A Top Law Firm with Years of Experience in Indianapolis

I know I am tilting at wind mills, but you do not select your doctor based on an ad, you ask people who they use or would recommend. Why would you trust your case to a person about whom you know nothing other than that they advertise. Consult your friends and family on important issues such as this.

You Should ALWAYS Consult with A Lawyer First

If you are in a serious personal injury collision you should consult with a lawyer before talking to the other parties insurance company.

A Lawyer Can Help Maximize Your Compensation

The reason is simple. The insurance company has an adjuster whose job it is to get facts regarding how the incident occurred and how you are injured.Their goal is to obtain facts that will allow them to minimize what they will compensate you for as a result of their insureds negligence.

When should you talk to a lawyer?

Soon after the incident to get advice on what things you should do and what you should not do. You might unknowingly do something that will make it more difficult for you to be compensated for your losses. There are also time limits that you need to know about that can affect your presenting a claim. They include statutes of limitations, insurance contract limitations and tort claim notices.Your failure to meet these deadlines can hinder or preclude you from making a valid claim.

How do you find a lawyer?

The best way is to talk to your own lawyer if you have one and see if they do this type of law and if not have them refer you to a personal injury lawyer that they trust . If you do not have a lawyer ask your friends , relatives or co workers who they might suggest.

Do you have to sign a contract to talk to a lawyer?

No, A Lawyer SHOULD provide a FREE Consultation

A responsible and professional personal injury lawyer will consult with you regarding your case without charging you a fee for their time or making you sign a contract. If you decide to hire them then they will work for you on what is called a contingency fee. This means they will only be paid if they are successful in obtaining a recovery for you.

You should make sure you are talking to a lawyer and not a staff member when you do your first consultation. Also be sure the lawyer who is talking to you will be the one handling your case.This includes being the one trying your case in the event it is not settled.

Learn valuable information about steps to take after your accident

The lawyer in an initial consultation can tell you about time deadlines, whether to give a statement to the other side, where to send your medical bills and other details important to you and your claim. No lawyer has a crystal ball and they can not tell you how long your case will take or how much it is worth at the initial meeting … They must get the facts before being able to give you reliable advice on those issues. If they try to do that you should perhaps get a second legal opinion.

Don’t Be Pressured, Don’t Sign An Agreement For Simple Advice

If the lawyer tells you that you must sign an agreement before they can give you advise or answer your questions you should get a second opinion. You should not let yourself be pressured into signing an agreement at the first meeting. If you want to think about it or talk to someone you trust before signing you should. Your decision to hire a personal injury lawyer to protect your interests is an important decision and you should choose a lawyer you trust and one who you feel will best represent your interests.

If you we’re involved in a car accident in Indianapolis, please contact the expert car accident attorneys at Young & Young Law today!

Serious Personal Injury and The Golden Rule

Posted on January 22, 2013June 15, 2020 by John Young

I have often said, but not as eloquently as I have recently read in the paper. As you all know we represent Hoosiers seriously injured in auto accidents, construction accidents, semi tractor trailer accidents, drunk driving accidents and so on. Our job is to advocate on behalf of folks dealing with brain injury, broken bones, spinal cord injury, paralysis, and wrongful death. Our philosophy is that we only take serious injury cases with merit. What I mean by this is that there is evidence that the person who we contend was negligent was actually negligent and that that negligence caused our clients injury. We do not advertise. We rely on other lawyers and former clients to recommend us to our clients. In this way we know that our clients are taking the issues seriously.

Our greatest tool has always been what our mother taught us and what we know your mother taught you. If you make a mess you are responsible for cleaning it up. We have always known we are not alone in making this a core value of our lives. Yesterday, in the Indianapolis Star, we read the following and want to repeat it here as we think it sums up the essence of a meaningful life, and the essence of why injured people are entitled to be made whole when another causes their injury. The peace is entitled “Golden Rules for Living”, by Miriam Hamilton Keare.

If you open it, close it.

If you turn it on, turn it off.

If you unlock it, lock it up

If you break it, admit it.

If you can’t fix it, call someone who can.

If you borrow it, return it.

If you value it, take care of it.

If you make a mess, clean it up.

If you move it, put it back.

If it belongs to someone else, obtain permission to use it.

If you don’t know how to operate it, leave it alone.

If it’s none of your business, don’t ask questions about it.

We hope you have a productive, healthy and joyous new year.

Five Things to Do if You Are Hurt in an Auto Accident

Posted on January 18, 2013March 12, 2024 by John Young

We’re You Injured in An Auto Accident?

If you are hurt in an auto accident whether it be auto, truck or motorcycle there are five things you should do to make sure that your rights are protected.

1) Call the Police & Obtain a Police Report

If there are injuries or property damage it is important to call the police and have them do a report. This better insures that you will get the other parties correct address and accurate insurance information.

2) Take Pictures / Videos of the Accident Scene

It is also important that you, if possible, or someone on your behalf take pictures of the scene, vehicles, skid marks and other drivers. This provides valuable information for later on if there is a dispute as to any facts.

This is easy now with most cell phones having cameras. If your phone has video capability this can also be helpful, especially if the other driver is admitting their fault at the scene. It is also important to get the names, addresses and phone numbers of any witnesses at the scene. Often not all witnesses give statements and often not all witnesses appear in the police report.

3) Contact YOUR Insurance Company

You should contact your insurance company and find out what coverage’s you have that might apply. You might have medical coverage that would supplement your health insurance and if you do not have health insurance it might pay some of your bills . Your property damage coverage could be helpful if the other sides insurance in reluctant to resolve your property damage claim. In serious personal injury claims uninsured and underinsured coverage’s might provide relief to you where the other driver either has no insurance or has insufficient coverage.

4) If injured – Seek Medical Treatment Immediately

If you are injured you should seek medical treatment promptly because often the earlier treatment is sought it results in a better physical recovery.

5) Call A Lawyer to Get Legal Help

You should also call a lawyer that you know and find out if they do these types of cases. If they do not then ask them to refer you a trusted personal injury lawyer so that you can find out what you should do and not do. This will preclude your doing something that might make any claim you might have more difficult or in the more extreme case miss a deadline that could result in your claim being denied.

It is ALWAYS a good idea to keep a copy of our Car Accident Checklist in your glovebox so that you are prepared incase of an accident. If you were in an accident and need help in Indianapolis, call the expert personal injury lawyers at Young & Young Law today!

Skills to Look for In A Social Security Lawyer

Posted on January 16, 2013September 16, 2020 by John Young

Yesterday, I spoke with a woman who received an unfavorable decision from the Administrative law judge on her Social Security Claim. She called her lawyer and was shocked to find out that this lawyer would not pursue her claim in the next step in the appeals process. A little background might be in order here. The steps in a social security claim are 1. Application, 2. Request for Reconsideration, 3. Request for hearing Before Administrative Law Judge, 4. Appeal to the Appeals Council, 5. Appeal to Federal District Court, 6 Appeal to Federal Court Of Appeals, 7. Appeal to Supreme Court of United States. The lawyer did not refuse to file the appeal before the Appeals Council based on the merits of the client’s case. He refused because that is not a part of his practice. In other words he either does not know how to file such an appeal or is too lazy to properly represent his client. In either event, he should have told the client that he was only willing to go half way in representing her at the start.

You might say that she could always get a second lawyer to finish the appeal, and you might be right. However, there are many issues which attach to the case that make it more difficult for the client because of the lawyers refusal to fully represent her. First, when the Administrative Law Judge issues an opinion, the client has 65 days from the date on that letter to file their appeal with the Appeals Council. This means that the client has to spend several days, probably weeks, trying to find a second lawyer. That lawyer has to review the decision of the ALJ and the file and make a decision whether there are good reasons for an appeal. This delay is nerve racking for the client. They have pinned their hopes on receiving the benefits they believe they are due, and being turned down is bad enough without learning at the last moment that the representative they trusted is not going to help them any further. Second, in many instances the first lawyer has not done all that should have been done to help the client. In other words, he has made a mess of the case. It is difficult to follow a lawyer who has made a mess of the case in the first place. It is difficult because the burden of proof is different at the Appeals Council, and it is difficult to please somebody who has already been poorly represented in the first place.

To avoid these potential problems, ask your lawyer, up front, “Are you willing to represent me all the way through this process?” If they say anything other than an unequivocal yes, find a lawyer who will.

Semi Tractor-Trailer Crashes, Car Crashes and the Little Black Box

Posted on January 14, 2013December 24, 2020 by John Young

What do semi tractor-trailer collisions, automobile collisions, drunk driving accidents and motorcycle collisions all have in common? They are all likely to have data recording devices which can provide a huge amount of information about the vehicle involved in the crash. I refer to this device as a black box. I call it this because this is what we are accustomed to hearing when we hear about a plane crash. It is a good descriptor because even though the data recording devices in land vehicles might not yet record as much information as a plane recorder, the technology is improving. Depending how advanced the recorder is it probably records information such as the speed of the vehicle for twenty seconds prior to the crash. This twenty seconds is likely to be broken into 10ths of seconds. The device will also record acceleration, deceleration, timing of the application of brakes, whether the seatbelt was engaged, and much more. The device will also record this information for several seconds after the crash.

The device is easily located within most cars, but it is best to have it accessed by an expert. This insures that the information is properly preserved and admissible at any court proceedings. It is important to note that if the car is driven after the collision, the recorder will record over the information saved after the collision. Therefore, if you are in a crash, and this information will be important, do not move the vehicles. Allow them to be towed. Contact an attorney immediately so that this vital evidence can be properly preserved. We have a great deal of experience with these recording devices. We know the experts who are trained to retrieve this information. Give us a call so that we can help you and your family.

What is an Umbrella Policy of Insurance and Why Have One

Posted on January 8, 2013September 16, 2020 by John Young

As trial lawyers representing injured persons, we are often asked what is an Umbrella insurance policy and why should I have one. This is an important question because it affects others and yourself. As any insurance policy is for the protection of others and yourself, the more coverage you purchase, the more you are protected.

An umbrella policy is an “extra” policy on top of your regular policy (which can cover your home car or business). The umbrella policy pays on a claim only after the underlying, or main, policy limits are paid in full. Thus, as an example, if you are in a car accident that is your fault, and the person you hit is severely injured (brain injury, paralyzed, broken bones etc.) or killed, you would be protected against a judgment by that person against you up to the limits of your underlying (main) policy and the limit of your umbrella policy.

Typically, insurance companies require a higher limit on the underlying policy before they will sell you an umbrella policy. The underlying limit of coverage is usually required to be at least one hundred thousand dollars, sometimes two hundred and fifty thousand dollars, sometimes even more. Umbrella policies usually are sold in million dollar increments.

In our example, if you purchased one hundred thousand dollars of coverage and a one million dollar umbrella policy, you would be protected from a claim by the injured person against you in the amount of one million one hundred thousand dollars. If a judgment higher than that amount were entered against you, the injured person could collect the judgment against you by having the Sheriff execute on your property to pay the balance.

Obviously, having enough insurance is important to protect, (1) to the injured person to compensate them for any harm you may cause); (2) your own assets; and (3) yourself in the case where the accident is not your fault but rather the fault of another driver. If that other, at fault driver, has little or no insurance, you would still be protected by your own underlying policy and umbrella policy (be sure your company links the two policies together) for your own injuries, or loss of income from work caused by your injuries. So, ask your insurance agent about umbrella insurance policies, and if you can do it, protect yourself and others with adequate insurance coverage for any serious injuries or death you might cause, or you might suffer at the hands of a negligent driver.

Understanding Your Rights in the New Year

Posted on January 3, 2013June 15, 2020 by John Young

I want to try and take a moment to ask all my readers to consider something from a new perspective. Automobile accidents, construction injuries, drunk driving collisions, semi tractor trailers crashes all have one thing in common. They both have the potential to cause Hoosiers serious personal injury. These injuries can include wrongful death, spinal cord injury resulting in paraplegia, broken bones, all of which can interfere with a person’s ability to support themselves and their family.

The remedy granted to these people, by the United States Constitution, and the State of Indiana Constitutions is the right to a trial by jury when injured. This is a right just like the right to free speech, the Right to Freedom of Religion and the Right to Keep and Bear arms. The right to free speech permits people to say offensive things, however it is an essential protection for the people against abusive government. The right to the freedom of religion has spawned much disagreement and litigation, however, the right to practice your religion as you wish is what sets us apart from the Taliban and other religious fanatics who would force you to practice only the religion of which they approve. The right to bear arms results in many tragic deaths, however the right to bear arms has always been an essential bulwark against the tyranny of abuse.

Like these rights, the right to a trial by jury for injuries to persons and properties has difficulties. One difficulty is those who would abuse the system for their own gain. However, by far and large, the claims of injured persons are legitimate. The system is very good at rooting out the fakers. It is a system that is operated in the private sector free of the bureaucracy of bloated government. It is self regulating. The right to a trial by jury puts the individual on the same footing as the corporation, despite the disparity in wealth and resources of the corporation. As you sit in your kitchen, reading about a verdict for an injured person please bear in mind a few things. A jury has listened to all the facts, the news story has very few facts, and those are not always accurate. A person who has been injured has medical bills and has not been able to work. The money they receive will help them pay their bills and get back to work able to earn, pay taxes and pull their own weight. This is good for you, and it is good for everyone else. Lastly for this missive is the fact that your mother was right when she taught you that if you make a mess you are obligated to make up for that harm. If you hurt somebody, you make up for that harm by having your insurance company pay the injured person.

In this new year, keep in mind that when corporations, the chamber of commerce and insurance companies tell us that we should do away with this system, they are really saying that your constitutional rights are not worth protecting. If they can do away with one constitutional right they can do away with others, including the right to bear arms, and the right to say what you want. Do not ever let that happen. Do not ever let them convince you that the injured person is the bad guy. The founding fathers knew better.

Drunk Driving is Not Christmas Spirit

Posted on December 22, 2012December 24, 2020 by John Young

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.

Winter Driving Tips and Avoiding the Car Collision

Posted on December 20, 2012September 16, 2020 by John Young

The first winter advisory of the year is in effect tonight, which leads us back to our annual be safe and avoid the crash annual missive. This is an especially good time to have a discussion, and maybe a test run, with your new drivers. We all know how we knew everything when we started to driver, so the lecture alone is not likely to sink in on the teenager. However, we have found that going to a nearby parking lot and practicing a few maneuvers was time well spent. Cars handle differently in the snow, and new drivers have no experience with it. What works on a dry road is likely to lead to a car crash in the snow. In the parking lot, clear of other cars, have your driver practice applying the brakes, making turns and over correcting. With front wheel drive cars, the driver has more control, but it still takes a little practice.

Remember to keep more distance between you and the other drivers. Remember to make sure your tires are properly inflated and have proper treads. Give yourself more time to get to where you are going and above all, be patient. I struggle with patience and have to remind myself that getting where I am going 10 minutes faster is not going to materially benefit me in anyway. Heck, if I want to get there 10 minutes earlier, then I should start my journey 10 or even 15 minutes earlier. Make sure your brakes are in good working order and all your lights are working. It will help to have a bag of salt in the car if you get stuck. Remember to keep an extra set of warm clothes in the car in case you get stuck and have to walk. Do not assume that you will not need your coat for a short trip, that is when you will get stuck and you will need your coat more than ever.

Please, take your time, look out for the other driver and give your family the greatest gift you have to give, yourself with them at this special time of the year.

Holiday Driving and Semi Crashes

Posted on December 17, 2012September 16, 2020 by John Young

It is close to Christmas. It is currently Chanukah. Sons, daughters, Mothers, Fathers, cousins, aunts, uncles and more are on the State and Federal highways trying to get home. We hope everyone has a safe and peaceful holiday season. All these folks have to share the road with semi tractor-trailers. Being so close to these big trucks at high speed inevitably lead to semi tractor-trailer crashes. The big truck accidents can be devastating because of the size difference in the vehicles involved. The weight differential causes the likelihood of spinal cord injuries, brain injuries, paralysis, and even wrongful death.

The trucking industry is committed to safe operation of trucks on the road. After all, avoiding collisions saves them money from repairs, lost stock, increased insurance rates and down time. Reputable companies follow the safety guidelines issued and enforced by the Federal government. These are known as the Federal Motor Carrier Safety Regulations, or FMCSR for short. These regulations cover all aspects of the operation of large trucks on the road. They control training for drivers, how much time they can spend behind the wheel in a 24 hour period, maintenance on vehicles, inspections and much much more.

When a family comes to us with questions about their rights arising out of a semi tractor-trailer crash or big truck accident, we turn first to the police investigation and then immediately to the FMCSRs to determine if a violation of one or more of these regulations might have caused, or contributed to cause the collision and injuries. We have been representing Hoosiers injured in car and semi accidents all over Indiana since 1954. Give us a call for a free consultation.

Federal Motor Carrier Safety Regulations, Semi Tractor-Trailers and Drunk Driving

Posted on December 11, 2012September 16, 2020 by John Young

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.

Trucking Accidents and Pressure for Speed

Posted on December 4, 2012September 16, 2020 by John Young

The trucking industry is highly competitive. The basic idea is to get the most freight from point A to point B with the lowest cost. Some carriers might be tempted to overload their trucks and put pressure on their drivers to get that freight to its destination in the lowest amount of time. One way to get the freight there in the shortest amount of time might be to penalize slow drivers or to give bonuses to fast drivers. This kind of pressure can result in truck accidents. Truck collisions usually result in serious personal injury such as spinal cord injuries, paralysis, broken bones and even wrongful death. The trucking industry knows this is true and therefore regulations exist to prevent this kind of pressure being exerted on the drivers to take short cuts or to drive too fast or to drive for too long. The Federal Motor Carrier Safety Regulations (FMCSR) address this very issue. The appropriate regulation is set out below.

392.6 Schedules to conform with speed limits. No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.

When we are hired by a Hoosier family which has suffered serious personal injury because of a semi tractor-trailer accident, we require the motor carrier to provide us their records which address the carrier’s use of incentives and the scheduling of deliveries to ensure that the carrier is not violating this provision. If they are violating this provision, or any other provision of the FMCSRs this is strong evidence of the carriers responsibility for causing the collision that injured our client.

If you, a loved one or a friend has been injured as a result of a semi tractor trailer crash, please call us. We can help.

Brain Injury and Social Security Disability

Posted on November 29, 2012September 16, 2020 by John Young

If you or a loved one has suffered a Brain injury, the law provides two potential remedies for the injury. The first remedy depends on whether the injury was the result of a negligent act of another person. Examples of negligent actions which might cause a brain injury a auto mobile collisions, motor cycle crashes, drunk driving accidents, semi tractor-trailer collisions, slips and falls, and many more. We have been representing Hoosiers coping with brain injury for more than 25 years. John Young is an Emeritus member of the Board of Directors of the Brain Injury Association of Indiana. He served as chair of the board of Directors for two years, saving the organization from collapse after fiscal problems became intense. Mr. Young has a family member who has been living with Brain Injury for 30 years. He has represented many, many Hoosiers coping with Brain Injury to recover the money necessary to put their lives back in order and deal with the long terms effects of brain injury.

The second legal remedy for Hoosiers dealing with brain injury is Social Security Disability. Every brain injury has different impacts on the person dealing with the injury. Some folks are fortunate enough to either return to their former job. Some folks, although unable to return to their former jobs are fortunate enough to return to another full time employment. There are, unfortunately, those Hoosiers that , try as they might, cannot get back to any type of gainful employment. For these folks Social Security Disability is a viable option. As you know, the brain is the central feature of the central nervous system. Thus, if we represent a person coping with brain injury before the Social Security Administration, we turn first to the listing of Impairment dealing with neurological impairments. The neurological impairment listing, found in 20 CFR Pt 404, Subpart P. App.1 has a specific listing for brain injury. The Social Security Administration refers to the listing as Sec 11.18 Cerebral trauma. The listing deals with the impact of the brain injury on the persons overall ability to function, including a review of the ability to perform the activities of daily living, social function, maintaining persistence, concentration and pace, and Episodes of decompensation. As part of our efforts to serve those coping with brain injury, we have studied these rules and regulations carefully and have had great success in using them to help our clients receive the benefits they deserve.