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A state motorist recently became subject to the full legal consequences of his involvement in an alcohol-related fatal accident in Gary, Indiana. The motorist, a 41-year-old man from Portage, received a 14-year sentence, the maximum allowable under Indiana law, as a result of crossing the center line and crashing head-on into a car driven by a mother of two from East Chicago, Illinois.  The man registered a BAC of more than twice the legal limit according to authorities.  The woman tragically died at the scene of the accident that occurred about one year ago.

Last month, the driver pleaded guilty to operating a motor vehicle while intoxicated causing death and for being a habitual substance offender. The court formally imposed the prison term on Monday. He may also face a wrongful death lawsuit in civil court arising from the same horrific car wreck.

We’ve issued this warning over and over. For your sake, and for the sake of your family, as well as innocent drivers and passengers in other cars, if you choose to drink, do not, under any circumstances, try to drive. To make matters worse, repeat offenders, in particular, account for a huge number of drunk driving accidents on our roads. If you need to get into an automobile after having one too many, use a designated driver or call a cab.

As we have discussed previously, drivers must be extremely vigilant to avoid traffic accidents when the warmer weather brings out more  motorcycle enthusiasts. Recently Indiana fatalities have established that point unfortunately. By the same token, for enhanced roadway safety, motorcyclists must also take care to operate their choppers safely and legally.

The Indiana State Police offers these suggestions to motorcycle owners to avoid the possibility of a highway accident:

• learn to operate a motorcycle (or an all-terrain vehicle) from an accredited vehicle
• practice on private property
• watch for "objects" (e.g., potholes, pedestrians, traffic) on the road
• do not follow too closely
• avoid sudden swerving
• watch for loose materials on curves and hills
• practice breaking with booth brakes simultaneously
• reduce speed on wet pavement, loose gravel, and before curves
• know how to lay down the motorcycle in case of emergency
• always wear a helmet, shield, or goggles, long-sleeved jacket, sturdy gloves, and over-the-ankle boots  (applies also for all-terrain vehicles)
• don’t ride if you’ve been drinking or taking drugs
• fasten loads tightly to the rear
• pass with caution
• double check blind entries
• wear brightly colored clothing
• signal clearly

Enjoy your motorcycle, but as the ISP recommends, drive defensively for your sake and for the sake of others on the road; it can be a matter of life and death.

Especially (but not only) when highways are clogged with vacation traffic, it is crucial to drive defensively and stay alert. Following the rules of the road all year round makes an essential contribution to traffic safety. While a motorist has no control over the behavior of others, a driver has complete responsibility for his or her own actions behind the wheel. It has been said that for most citizens, the greatest safety threat comes from traveling in a vehicle rather than from violent crime or terrorism.

According to the Indiana State Police, the following consists of the top causes of crashes on state roads:

• following to close
• failure to yield
• unsafe lane movement
• driving too fast for weather conditions
• running off the roadway
• over-steering or over-correcting
• driving at an unsafe speed
• falling asleep at the wheel
• distracted driving

If you or a family member have been injured in a highway accident by someone who drove negligently or recklessly in this way, it is important to retain legal counsel with the experience and skills needed to obtain full compensation for your injuries. The Indiana personal injury lawyers  at Young and Young in Indianapolis have represented thousands of Hoosiers with serious auto accident injuries. We have more than 55 years of experience waiting to help.

Hoosiers need to always give first responders a wide berth on state roads so  they can do their jobs safely without creating an add-on highway accident in the process.

In 1999, Indiana became the first state in the U.S. to pass a law (Indiana Code section 9-21-8-35) requiring drivers to move over or slow down when approaching stopped emergency vehicles–including but not limited to police cruisers on construction details–with lights flashing. Emergency vehicles under the state’s  "move over" law include police cars, ambulances, fire trucks, and rescue vehicles, highway incident response vehicles and highway work vehicles, tow trucks, and utility service vehicles.

Two changes to the law took effect at the beginning of this month:  Motorists must reduce their speed by 10 mph under the posted speed limit if they cannot move to an adjacent lane safely. Secondly, the law now includes the aforementioned utility service vehicles. Indiana State Police and Transportation Department officials warn against coming to a stop on the road rather than slowing down. Stopping could lead to chain-reaction traffic road accidents.

Local media appropriately notes the following in the context roadway safety and the move over law: "During this time of year highway work crews are out in road construction zones repairing Indiana roadways. Always use extra care and reduce your speed in these zones."

John P. Young is your Indiana drunk driving accident lawyer.  Mr. Young practices out of Indianapolis with his partners at Young & Young.  Young & Young was founded in 1954 with the sole purpose of assisting Hoosiers injured in accidents including drunk driving accidents.  For over 56 years Young & Young has been hard at work using the law to help Hoosier families get back on their feet with the aid of fair compensation for their injuries.  We have been studying the medicine involved in accident cases for those 56 years.  We have learned from local, national and international experts in medicine all about the medicine necessary to treat serious personal injuries.  Knowing this medicine assist us in teaching jurors all about your injuries, what it will take to heal your injuries and why you deserve fair compensation for those injuries.

At Young & Young we respect organizations which work tirelessly to educate the    public about the dangers of drunk driving.  We salute Mothers Against Drunk Driving (MADD).  MADD was started by a grieving mother whose child suffered a wrongful death at the hands of a drunk driving accident.  At that time society looked the other way when it came to the crime of drunk driving.  We seemed to think hey everyone does it, it is not so bad.  Losing a child is the most traumatic event a person can live through.  Worse yet, to know that a drunk driver was responsible is worse yet.  Thank you to the people dedicated to educating the public that have led to stiffer penalties and intolerance in society. 

We have frank discussions with our children about the dangers of alcohol.  Part of those discussions are that if you have chosen to drink, do not, under any circumstance try to drive.  Call us, we will come pick you up.  We will discuss, the next day, their choice to drink, but we will never find fault with the call that keeps them from getting behind the wheel.  You can find ideas about how to talk with your children by visiting the MADD website.

Preventing Drunk Driving Accidents is everyone’s business – it is in all our best interests, it may be our child lost to the drunk driver.  Let’s put a stop to it.

John P. Young, your Indiana brain injury lawyer, and his partners at Young & Young, practicing in Indianapolis, Indiana since 1954, is proud to announce that Young & Young is now a Corporate sponsor of the Brain Injury Association of Indiana. The Brain Injury Association of Indiana serves over 155,000 Hoosiers living with brain injury, in addition to their families, and the researchers, clinicians, and professionals who provide treatment, rehabilitation and long term care. The goal of the Brain Injury Association of Indiana is to be the direct entry for Hoosiers and their families, dealing with Brain Injury for resources, education and support.

John P. Young has served the Brain Injury Association of Indiana in various leadership roles over the last 15 years. Mr. Young has served on the Board of Directors, as Chair of the Board of Directors, and as Emeritus member of the Board of Directors. Mr. Young has been in attendance at multiple fund raisers and educational seminars. Mr. Young has represented Hoosiers dealing with brain injury for the entire 22 years he has been practicing law. Through his experience, he knows what is necessary to support and assist families to lead enriching lives after brain injury.

Young & Young is proud to partner with the Brain Injury Association of Indiana.

What do you want in an Indiana Injury Attorney?  If you want experience with serious injury cases, if you want experience all over the state, if you want a lot of trial experience, if you want a board certified injury attorney, then you want John P. Young of the Indianapolis Law firm of Young and Young.  Young and Young has been representing injured Hoosiers since 1954, more than 56 years. John P. Young has been an Indiana Injury Attorney for more than 22 years with over two hundred trials as experience.  Mr. Young represents only seriously injured every-day people.  Mr. Young has recovered fair compensation for people with amputations, spinal cord injuries, paraplegia, quadriplegia, burns, broken bones, brain injury, blindness, and wrongful death.  When a serious injury prevents the injured person from working, Mr. Young also represents that individual before the Social Security Administration for their Social Security Disability benefits.

A few days ago, Sunday June 11, 2010, a motorcyclist suffered a wrongful death at the hands of a hit and run driver.  It is a crime to leave the scene of an injury accident.  Generally people leave the scene of an injury accident because they are scared.  They are scared because they have probably violated the law, by either drinking and driving or some other offense.  Whatever the reason, the coward who leaves the scene of an accident is leaving a person who desperately needs assistance, assistance that might save the person’s life.  This type of low down behavior robs the injured individual of the opportunity to live, and leaves the family to grieve twice. In this instance a dark colored SUV hit a motorcyclist at the intersection of south Meridian Street and Southern Plaza.  The SUV was later found, but as of Monday, the driver had not been located.

Later, on Wednesday July 14, 2010, the police identified and apprehended the cad who left his fellow Hoosier to die.  David R. Pedigo, with two previous drunk driving convictions, was arrested and charged with felony leaving the scene of an injury accident.  Bobby Moore was identified as the motorcyclist who was killed.  Our sympathies go out to Mr. Moore’s family.  We say, Mr. Pedigo, if alcohol was involved in this accident you are an alcoholic.  You require treatment.  We understand that you will not voluntarily get treatment until you admit your addiction to alcohol.  Unfortunately for you, however, society cannot wait for you to come to Jesus.  We advocate the strictest sentence available, because you have been given two opportunities to deal with your addiction and you have not taken the opportunity seriously.  In jail, you should be required to attend AA.  In jail you should receive counseling.  After you get out of jail you must make up for the harm you have caused.  You cannot resurrect Mr. Moore, but there are always ways to make right a wrong.

Mr. Pedigo, you owe the Moore family just compensation for taking away Mr. Moore.  Be quick about it.  Do what your mother taught you, when you cause harm, fix it, make up for it, and make up for it fully.

Contact Mr. Young, if you have been injured by a drunk driver, or by anyone else who was not using reasonable care.  Our toll free number is 1-888-639-5161.  You may contact us on the web at john@youngandyoungin.com. 

Continuing our discussion of bicycle safety for you and your family…the Indiana State Police reminds bicyclists that they have to take the initiative to make themselves visible to motorists, especially after dark. Never assume that motorists sharing the road with you can see you. According to the ISP, sufficient visibility to avoid traffic accidents includes the following considerations:

wear bright colored clothing, particularly with fluorescent colors

at night, wear light colored clothing with reflective patches and wristbands

bikes should have reflectors on the front and rear, and on pedals and wheels

use bright, white headlight(s), preferably with a range of 500 feet

 

Bicyclists are smaller and slower than vehicles, obviously, so they need to be even more alert than drivers in terms of roadway safety. You should have an awareness of passing pedestrians, too (pedestrians have the right of way).

In sharing the road with cars and people safely, here are some additional thoughts:

ride far enough away from the curb to avoid running into parked cars

always check behind you when changing lanes

watch out for litter, potholes, gravel, storm grates, or other hazards

securely attach any items to your bike or carry them in a backpack

use bells or horns to alert pedestrians and other vehicles

Before getting out on the road, the ISP recommends that you engage in due diligence: simply put,  learn to ride your bike in a safe and controlled manner first. Makes good sense, doesn’t it? Among other things, controlling your bike means that you can look behind you safely and as well as being able to ride with one hand while signaling. No one wants to spend their summer vacation in the hospital recuperating from an avoidable road accident.

Bicycle Safety Tips #1

For bicycle enthusiasts, we’ve blogged previously about the importance of roadway safety, a responsibility shared by the person on the bike as well as motorists in cars and trucks, especially now in the midst of  the warm weather and vacation season. When they are out and about on Indiana roads, bicyclists should never assume that motorists see them. Bike defensively and alertly to avoid getting into a vehicle accident.

We’ve also noted that wearing a helmet all the time should be a priority for cyclists to minimize the potentially devastating consequences of a road accident. The Indiana State Police says that your helmet is as much a part of your bicycle as the handlebars or tires.

To avoid bike/car traffic accidents, the ISP also offers some specific recommendations for bike safety. These include the following:

• Your helmet should meet the safety standards established by the American National Standards Institute (ANSI)
• Always ride with the traffic
• Know your local traffic laws (e.g., some Indiana towns require lights on the front and back of the bike to improve night visibility)
• Obey traffic lights, signs, speed limits, and lane markings
• Signal in advance of a turn, using the proper hand signals
• Yield to pedestrians and other vehicles as appropriate
• Make sure your bike is the correct size and that it gets regular maintenance
• Never wear headphones while riding a bike

We’ll continue this discussion in a follow-up posting.

John P. Young is your Indiana Truck accident attorney.  Mr. Young works out of the Indianapolis law firm of Young and Young.  Young and Young has been in continuous operation since 1954, more than 56 years! Mr. Young and his partners have combined legal experience of more than 100 years.  Mr. Young represents Hoosiers injured in every type of truck accidents including SUV collisions, pick-up truck crashes, box trucks, step vans, right on up to semi tractor-trailer accidents.  Mr. Young deals with drunk driving accident cases and any highway accident.  Mr. Young studies and understands the rules and regulations administered by the U.S. Department of Transportation Federal Motor Carrier Safety Administration which can be accessed on the web at www.fmcsa.dot.gov.  These rules and regulations apply to operators, vehicles, transportation of hazardous materials, companies and more.  Adherence to these rules and regulations is what keeps our highway systems safe for passenger cars to travel alongside the big rigs.  Almost any big truck collision can be contributed by human error, mostly in violation of the safety rules.  Reasonable responsible companies follow the rules.  Those that don’t cause accidents and injury.

In an unfortunate crash over the weekend a small child, a baby, was critically injured in an SUV crash on Interstate 65 in Clinton County. Justice Hans was taken to Riley Children’s Hospital in Indianapolis, IN after the collision.  She was listed in critical condition.  Justice was thrown from the vehicle when the accident occurred at about 2:00 pm, Sunday July 11, 2010.   The SUV in which Justice was a passenger  was south bound on I-65 when the driver lost control and the SUV rolled several times.  Justice’s mother, Kia Tonge-Goliday was also thrown from the vehicle, but was not reported as injured.  Our thoughts and prayers go out to Justice for a complete and speedy recovery as well as to Kia, in what must be a very difficult experience.

If you, or a loved one, has been injured in a truck accident, and the accident was another person’s fault, call John P. Young toll free @ 1-888-639-5161.  You may also contact Mr. Young on the web at john@youngandyoungin.com. Mr. Young guarantees there will be no fee unless you receive just compensation.  Be careful on our roads.

John P. Young is your experienced drunk driving accident lawyer. Are you a member of MADD, Mothers Against Drunk Driving? Maybe you should consider membership. You can access MADD on the web at www.madd.org. Why should you join? You should join because in 2008 11,773 people died in wrongful death accidents caused by drunk drivers. MADD is supporting initiatives to try to prevent one of the greatest dangers associated with drunk driving, repeat offenders. Repeat offenders account for a huge number of the drunk driving accidents on our roads. Estimates put repeat offense at one third of the overall problem. These repeat offenders cause injuries including broken bones, spinal cord injuries, paraplegia, quadriplegia, brain injury, amputation and wrongful death. These repeat offenders hurt more than just the immediate victim. If the victim is severely injured and either has no insurance or not enough, they will be forced to rely upon Medicaid. If they are injured badly enough and cannot work, they will be forced to go on Social Security Disability. So not only are they not able to work and pay taxes, they are forced to tap into the system.

One solution involves the ignition interlock system. The purpose of the ignition interlock system is to require the operator of a car to blow into the device prior to starting the car. If the ignition interlock system detects alcohol in the operator, the care will not start and will not be able to be started for a specified duration after the device detects the alcohol. The interlock system is simply a part of an integrated program which includes counseling and treatment, to help the repeat offender kick the alcohol habit and return to a healthy productive life.

Studies cited by MADD demonstrate that ignition interlock systems can help reduce repeat offense by up to 64%. As many as 13 states now require or provide strong incentives for the ignition interlock system. Indiana is not one of them. Contact your legislators and ask them to support the use of ignition interlock systems.

If you have been injured by a drunk driving accident, call John P. Young now, toll free, at 1-888-639-5161, or on the web at john@youngandyounin.com. Mr. Young guarantees there will be no fee unless you recover just compensation for the harm caused by the drunk driving accident.

John P. Young, your Indiana Injury Attorney, practicing out of the Indianapolis law firm of Young and Young wishes you a very happy Fourth of July. Remember to fly your American Flag proudly. Remember to honor our country and her defenders, even if you do not agree with everyone, for all her faults America is a sweet dream and a wonderous country. Honor your parents if they have sacrificed for you, if they have not, honor those who have. Celebrate with fireworks, but honor those who have to work early on Monday.

Be Careful:

No booze and fireworks, let your designated fireworks handler light the fuse.

Getting hit with a fireball hurts, only light on a solid surface.

Kids want to look over the top of a shooting firework if they think it takes too long to shoot, keep them back.  An eye is a terrible thing to lose.

Water is the wicked witch’s enemy but it your friend, keep one handy for the duds.

I am sure you like your house, and so do the neighbors, don’t let the ashes fall on the houses.

Fireworks are beautiful for an instant, burns hurt forever.

• Young and Young
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