Category: General

On my way to work, I pass through three school Zones.  During the hours of 7:30 -9:00 am and 3:00-4:30 pm, the speed limit is reduced to 25 miles per hour.  In the last week, since school has been in session, I have had drivers race up to my back bumper and tailgate me from three feet behind, honk at me, yell at me and give me the finger,  as he raced around me on the right, all because I was travelling at 25 miles per hour for 2 blocks.  I know these people feel comfortable being that aggressive within the anonymous protection of their air conditioned womb, but I wish, just once we could all have a “It’s a wonderful Life” moment.  I wish that each one of these drivers could feel what it is like to stand over the bed holding the broken body of a child, their child, run over by a driver who wanted to get someplace three minutes faster.  I wish they could feel the agony of dropping that rose on the casket of their child as the most precious gift in their lives turns to dust.  I wish they could be that person on the side of the road tending a memorial to what they have lost.  I wish they could be awakened in the middle of the night to the cries of pain and need because the little body in the next room can no longer walk to go to the bathroom and needs help with taking care of the ordinary activities of living, like making it to the toilet on your own without having an accident.

 I wish Clarence, the Angel, could be with them as they realize the horror they feel when they realize that it was their own lack of caring for the welfare of others that has inflicted these agonies upon them.  Clarence would point out, as they are screaming, “No”, that it is their face upon which they must look as blame is being assessed and meted out.  I wish I could be there as Clarence takes each of them into his arms and comforts them.  Clarence will ask, “Do you believe in the sanctity of life?” and they will sob “I do”. Clarence will ask, “Do you understand the searing pain you cause when you think of no one but yourself?” and they will cry out, “I do, God help me, I do!”. Clarence will ask, “What will you do now?” and they will come to themselves at the stop light, just before the school Zone, sweating and shaking and sobbing, but they will know that honoring the safety rules designed to protect our children is their duty.  They will thank the Lord it was a dream, and smile at the faces of our children from 25 miles per hour and get where they are going three minutes later.

As I was driving home, the other day, from our Personal Injury law firm, I saw a site that never ceases to amaze me.  I was stopped at the intersection of Delaware Street and Fall Creek Parkway on the near north side of Indianapolis.  I was the first car at the intersection waiting for the light to change.  The speed limit on Fall Creek is in the 30-45 mph range. A pickup truck was travelling east on Fall Creek.  In the bed of the truck, sitting on camp chairs, You know the type-cloth with a metal frame that squeeze shut and fit into a small bag, was what appeared to be a grandmother, and two small children.  Their hair was blowing and their faces were impassive, as if this was the most common thing in the world.  Of course the children do not know what danger they are in, but the driver and the grandmother must know the danger, and yet they apparently do not care.

While riding in a car or truck, a person is travelling at the same speed as the vehicle.  If the vehicle has to make a quick stop, the people in the bed are going to keep moving because they have no brake (ie the seatbelt). So they either fly out of the truck bed or they hit the truck itself.  A quick stop is the least dangerous action, and it can result in death or serious personal injury, so you know all the other actions, (hitting another car, swerving, rolling) can only lead to worse results.  Ejection from a vehicle almost always lead to serious personal injury such as brain injury, broken bones, spinal cord injury and paralysis, amputations and wrongful death.  The only way to avoid such results is to not ride in the bed of a pickup.  Do not allow your friends or family to do it.  In this instance an ounce of prevention avoids a lifetime of whoa, or worse yet wrongful death.

 As your Indiana Serious Injury Lawyers, we at Young and Young want you to talk with your kids about horseplay. Horseplay is any action of a passenger or passengers, that distracts the driver of a car.  Horseplay can be as dangerous as drunk driving.  The reason we have drunk driving accidents is because the driver’s reflexes are too slow and their thinking is impaired.  We have talked quite a bit about the dangers of drunk driving and drunk driving accidents.  A car can be, in the hands of a driver who is not fully attuned to the road, a dangerous machine.  Passengers, do not take actions that will demand the attention of the driver away from the road.

 A collision in Noblesville, over the holiday weekend, is more evidence of the dangers associated with distracting a driver. Nicholas Killinger was northbound on Ind. 37, just south of 206^th street, when he was distracted by a passenger.  Killinger’s pickup truck crossed the center line on collided head-on with a Kia Spectra driven by Daniel Stone.  Daniel Stone, and his passenger, Lisa Stone both suffered wrongful death as a result of Mr. Killinger being distracted. Mr. Killinger’s passengers were seriously injured in the accident. 

Anything that distracts a driver away from their duty of operating a car safely must be avoided. Other examples of common distractions include texting while driving, driving while talking on the cell phone, reading anything such as a map or a paper, the list goes on and on.  If you must do anything that will take your attention away from the road, please pull of the road to a safe location and take care of your business.  After you have safely concluded your work, drive again.  Parents, please have this discussion with your children.  Children, please have this conversation with your parents and your friends. We all want to get where we are going safely.  Avoiding distracted driving will help us all.

It is a common headline, but when it is somebody famous the point is publicized more. “Jackass” star Ryan Dunn died in a fiery car crash in suburban Philadelphia early Monday morning. Of the more shocking details of this crash include that Mr. Dunn texted a picture of himself drinking not long before the crash, the car left over one hundred feet of skid marks, the car was unrecognizable, for a while the damage left the passenger unrecognizable, the car was travelling well over one hundred miles an hour.  Speed Kills.  It causes wrongful death and spinal cord injuries, paraplegia, and brain injury, broken bones and leaves families shattered.

It robs us of so much.  Where is James Dean, Princess Diana and Harry Chapin?

Speed does not just kill famous people.  Our hearts go out to the parents of two young men killed in Muncie, Indiana where authorities believe speed cost the young men their lives. Myles Swoboda, and Jake C. Monroe both suffered wrongful death in a crash involving speeds in excess of 100 miles per hour.

Parents, share these stories with your young drivers, it may save their lives.

Often when someone is injured in a crash or by some other method as a result of someone’s negligence the insurance carrier for the party at fault will come in early and offer a small settlement in exchange for signing a “release”.  An injured person who signs the release gives up all of their rights regardless of how seriously they are injured. It does not matter how many medical bills you have or future medical bills you might have because  a release stops all responsibility on the party at faults behalf. It is not unusual for someone to come to our office after learning that they are hurt worse than they originally suspected. They might have future medical bills and lost wages that they did not anticipate when they signed the release. The reality is that when they sign the release they lose the right to seek fair compensation. You should never sign a release until you are released from you doctor after a thorough examination and period of time to make sure that you are not more seriously hurt that anticipated. Another problem with signing a release it that you might limit or stop your own health insurance companies duty to pay bills if you release the wrongdoer.  You can even limit , reduce or eliminate your ability to make a claim under your uninsured or underinsured motorist coverage if a release is signed too early and without the proper steps being followed. It is always best to consult with a lawyer familiar with this area of law before signing on the dotted line. It is often too late when you come to a lawyers office with a signed release in hand.

The roads are not reserved for the two four wheel variety of transportation. Now that the warm months are upon us, we are seeing more bicycles and motorcycles sharing our roads.  This recognition is the first essential in helping to protect our two wheeled Hoosiers.  Cyclist are not generally as visible as a car.  So, all drivers must keep in mind to be on  the lookout for them.  Keep in mind that if you hit a cyclist and cause serious personal injury, such as a spinal injury, paraplegia, broken bones or even wrongful death, you may not be able to forgive yourself.  Knowing that you have interfered with a fellow Hoosier’s ability to work, earn a living and support their family is a heavy burden.

Sue Ann Vanderbeck is struggling with the guilt and consequences of her negligence this very moment. (Remember, negligence is the failure to use reasonable care, in other words to be on the lookout for a cyclist and avoid impact).  On September 30, 2010, at about 12:30 a.m. Mrs. Vanderbeck struck a police officer on a training ride on U.S. 40 west of Knightstown, IN.  She left the scene.  William Phillips suffered wrongful death as a result of her actions.  I am certain that not a moment goes by that Mrs. Vanderbeck does not wish that she could change the events of that night and let Officer Phillips return to his family. Unfortunately for all involved, that is not possible.

Take a lesson from the tragedy of Officer Williams and Mrs. Vanderbeck, keep an extra sharp lookout for cyclists sharing the road.  An ounce of prevention prevents a lifetime of guilt, grief and loss.