Indiana Personal Injury Lawyers » Accident Attorneys

Serious Personal Injury from Drunk Driving Accidents

John Young — Tue, 31 Jan 2012 21:45:25 +0000

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.

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Seeing salt makes for dangerous winter driving

John Young — Fri, 20 Jan 2012 20:52:42 +0000

I have been representing seriously injured Hoosiers for 23 years. We handle all different types of automobile collision cases. One thing that is common to most collisions, whether they be automobile crashes, truck crashes, or semi tractor-trailer crashes is impaired sight. We see serious personal injury arise out of drivers not seeing motorcyclists and turning into their path. Many times people will not look over their left shoulder to check their blind spot, enter the lane to their left and hit the car properly in that lane. People turning right at an intersection will look to their left to see if there are any oncoming car, but forget to look back to the right to see if there is a pedestrian.

.A couple of tips can help you drive safely. Make sure you have a scraper in your car so you can clear all the ice off your front, rear and side windows You have seen the guy driving with just a small area of the windshield cleared and none of the other windows cleared. This guy will run into something, because he can’t see. Keep plenty of washer fluid in the reservoir. Salt on the road builds up fast on the wind screen. When the sun hits that salt, you are blind. This is especially true when you are driving on the highway with the spray from large trucks covering your wind screen. Make sure you do not have any signs impairing your rear sight line.

Being able to see reduces the risk of causing a collision and seriously injuring, or causing the wrongful death, of your fellow Hoosiers.

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Indianapolis Auto Accident Attorney Discusses the Little Black Box and Auto Accidents

John Young — Thu, 19 Jan 2012 14:44:05 +0000

We all know that Jets have a “Black Box” that is the subject of intense searching after any plane crash. The reason for the “black box” search is because the “black box” is a data recorder. It records information about the operation of the jet and its pilots and can help investigators reconstruct the events leading up to a crash and will, hopefully, assist investigators in figuring out what happened. Fewer people know that all modern cars are equipped with a “black box” or more particularly a data recorder. In automobile crashes causing serious personal injury, the data recording device may be the difference between knowing what actually happened in the crash and what witnesses say happened in the crash.

In my line of work as a auto accident attorney, we know that eye witness accounts of a collision often vary greatly about what happened in the car accident. Scientific studies. Barbara Tversky, in her article “The Problem with Eyewitness Testimony”, Stanford Journal of Legal Studies, April 1999, observed, “The mere fault of being human results in distorted memory and inaccurate testimony.” We humans are subject to memory bias and the introduction of false memories which interfere with our ability to accurately remember and repeat exactly what we have seen. So, what can be done about this problem? Retrieve the information from the data recording device for the cars, or trucks involved in the collision.

Modern automobile data recording devices record up to 20 seconds of information before any crash. The data recorded can include whether the passengers of the car were wearing seatbelts, the car speed at any point in that 20 seconds, the acceleration of the car in that 20 seconds, the percent of the engine throttle and gas pedal, when the brakes were activated, when the antilock braking device was activated and more. This information is very important, but any accident expert worth their salt will collect all the objective evidence at the scene of the car crash and compare it to the data on the recording device. The objective evidence includes the damage to each car, the final resting place of the cars after the impact, the direction the cars went upon impact, and other information. When the “black box” data matches up with the objective evidence at the scene of the collision the jury can be very confident that the data recording device is telling the accurate story about what happened in the crash. This is very important when eyewitnesses give contradicting versions of what happened.

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Indiana Personal Injury Lawyer Talks About Bad Weather Driving

John Young — Tue, 06 Dec 2011 15:17:22 +0000

In my experience, auto accidents do not just happen. Thus, to call car collisions accidents is a misnomer. What I mean is they are collisions usually caused by one of the drivers failure to follow the rules of the road. What about driving in bad weather, does that mean the collision is an accident, meaning no one is at fault? Well, every case is very fact sensitive, but in my experience most bad weather collisions, which cause serious personal injury and even wrongful death, are usually caused by someone’s failure to follow the rules of the road. One common negligent cause of bad weather collisions is being in too great a hurry. One thing everyone knows for sure when they are driving in ice and snow is that they are driving on ice and snow. Therefore, they must slow down. Speed limits on roads are devised to keep traffic safe and moving under optimal weather conditions. However, they do not mean that when the weather is bad that it is safe to travel at that speed. When ice and snow are on the road, slow down. Make sure you have enough room between you and the other car so that you can stop, or evade a collision.

A common negligent act is to drive with bald or significantly worn tires. We all know that tire treads give us better control in wet conditions as well as on snow and ice. If the tread is worn, or the tire is bald, you will have less traction and the chances of causing a collision are markedly increased. Serious personal injury including amputation, paralysis, broken bones and dislocations and brain injury occur when a driver loses control because tires are worn. Drivers must check their tire treads and change their tires according to manufacturer recommendations.

Never assume that we are at the mercy of the elements. There are many things we can do to protect ourselves, our families and others using the road. A little thought and a little caution will go far to keep everyone safe.

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Indiana Serious Injury Lawyer Discusses What to do After An Auto Accident

John Young — Wed, 16 Nov 2011 15:05:38 +0000

At Young and Young we represent thousands of Hoosiers who are seriously injured in automobile collisions. We represent those injured in drunk driving accidents, large truck accidents, and motorcycle accidents. We know the medicine involved in the care in treatment of brain injury, amputations, paralysis, nerve damage and broken bones. We want to take this time to discuss what to do if you are involved in a collision that is someone else’s fault.

If your car is not on fire, or if you are no longer in immediate danger, while in your car, do not move. Your body is in shock as a result of the crash. Your pulse is up, your blood pressure is up, your thoughts are not carefully ordered. Your body’s response to the impact may by, and probably is, masked by the shock condition. This means you may not feel the pain that indicates injury. To be on the safe side, stay where you are until emergency personnel arrive. If you have a cell phone, and are able to make a call, call 911 immediately. It is likely that good Samaritans will arrive at your vehicle before the emergency people do. If so, tell them where you are injured, and allow them to make calls for you. Do not allow them to move you unless there is an immediate danger if you stay where you are.

If you are able, completely cooperate with the police. This includes giving a statement to them about what happened. It is also a good idea to ask the police officer if he/she has the names of all the witnesses. Sometimes the witnesses approach the officer, but their names and addresses are not recorded by the officer. Make sure you keep your insurance information in your glove compartment for easy reference . If there is any question of injury, seek medical treatment immediately.

If you require legal assistance, Young and Young is ready to assist you. We represent seriously injured Hoosiers all over the State of Indiana out of our Indianapolis offices.

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Indiana Serious Injury Attorney Discusses Bicycle Safety

John Young — Mon, 07 Nov 2011 15:25:13 +0000

I read in the paper today about the death of Ross Faris, the owner of Your Neighbor’s Garden, and former executive at Lilly. Immediately upon reading the piece, I was taken back to driving along Grandview Drive and seeing the little self help stand. It is one of those little “summer in Indy” memories that will always bring a smile to my face.

I do not know any of the details of the Mr. Faris’ accident, but I want to take this time to talk about bike safety. Bicyclists have a right to use the roadways. Bicycling is good for so many reasons, not the least of which include improved physical fitness of the cyclist and conservation of fossil fuels. I am both a cyclists and a motorist. As a cyclist, I have encountered hostility from drivers. As a cyclist I have also encountered negligence by drivers, mostly those using cell phones, which have put me in danger. As a motorist, I have encountered cyclists who do not observe the rules of the road and put themselves in danger, or at the least cause motorist frustration.

There are a few ideas I always consider when I am a cyclist and a motorist that may help the situation. Motorists: Relax, you may get where you are going just a tad later than you wanted, but compared with a life time of guilt for that one moment of impatience getting there a little later is a small price to pay. Get off the cell phone while you are driving. In the context of this discussion, it will save the health and welfare of a cyclist. In the big picture it will save you from killing yourself. Give the cyclist at least three- four feet of leeway when passing. This room will increase the safety for the cyclist immeasurably. Do not yell at a cyclist as you pass them. The cyclist has the right to use the road, and if they are using it responsibly, yelling at them does nothing but show you are at best impatient, and at worst a bone head.

Cyclists. Wear your helmet. Be seen- Meaning wear light clothing, use flashing lights and use reflectors. Obey the rules of the road. Be careful.

I hope to see many more cyclists of the roads. Let’s make sure everyone has a positive experience, and makes it home safe.

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Indiana Serious Personal Injury Lawyer Discusses Personal Responsibility

John Young — Fri, 14 Oct 2011 12:58:05 +0000

We think that we were all taught as children, by our mothers, is a universal truth. If you make a mess (or cause a harm, or hurt someone, or break a window, and wreck another’s car etc.) you are responsible to admit what you have done and take responsibility to make it right. This is PERSONAL RESPONSIBILITY. I do not know if this is the personal responsibility that all the tort reformer are talking about. I don’t think it is. I don’t think it is because the tort reformer’s focus is on making sure the person who is harmed has his rights taken away. Why do I say this? Well let’s discuss an example. In the Indiana Legislature, more and more bills have been introduced over the years to give people who cause others injury immunity for the harm they cause. What is immunity you ask? Immunity is a thumb in the eye to your mother’s advice. Immunity allows a person (or corporation) to cause harm to others and not be responsible for the harm they cause. Last year there were at least thirty bills that sought immunity for various business enterprises. One such immunity that is now law is for the owners of horse operations. If you take your child to ride a horse, and the owner puts the saddle on wrong so your child falls, or puts your inexperienced child on a horse that is known to buck off every rider ever placed upon him, and your child falls and breaks a bone, or suffers a brain injury, or is paralyzed, or suffers a wrongful death, your child cannot ask the owner to make up for the harm they caused. If you ask such a silly question, the horse owner, their insurance company and the insurance company lawyers will first snort, then thumb their nose at you , and if you persist they will threaten you, and you can’t do a thing about it. You just have to take it.

Of course when someone is allowed to thumb their nose at their own personal responsibility a couple things happen. First, the incentive to make property, products and other activities safe is reduced. After all we all know that if there are no consequences, there is little incentive. Second, the injured child will have to seek Medicare and disability. So the Taxpayer is now the person responsible for cleaning up the mess. The mess does not go away, we all now have to make up for what the person who caused the harm refuses to take care of.

We say, NO IMMUNITY!!! If you cause a harm, be a human being, admit what you have done and be responsible for making it right. We stand for what our mother knew was right. We do not need greedy business’s, with political agendas, interfering with the truth.

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Motor Cycle Safety and Serious Personal Injury

John Young — Mon, 29 Aug 2011 14:14:08 +0000

Yesterday was a glorious day. A friend called and invited me to the Indianapolis Moto Grand Prix at the Indianapolis Motor Speedway. The weather was perfect. The fans were excited. The food was delicious and the racing was incredible. I marveled at the bravery and skill of the riders as they sped along at speeds of up to 190 miles per hour. This got me to thinking. There was one collision in the two races I saw. This collision occurred on the last lap at the last turn of the Indianapolis Moto Grand Prix. Three riders were neck and neck going into the last turn. Each was desperate to pass the other. One rider dipped low to pass on the inside. In order to hold his line he put a huge amount of pressure on the front wheel, but it did not hold and he slid out, off the bike and into last place of the active riders. He tried, but it did not pay off. So, how is it that bikers going that fast, in close contact with all the other riders and no one is seriously injured or killed?

In my opinion, the greatest danger to the safety minded biker is the other guy. So often the car does not take time to see what is clearly there. It may be because the driver is used to seeing a larger object and reacting to that. It may be that the driver is not taking enough time to check his blind spot on to look back a second time for oncoming traffic. Whatever the reason, a major cause of serious injury and wrongful death of Hoosier motorcyclist is having a car turn in front of them, or pull out in front of them. In either event, there is little time for the biker to react and avoid impact. As the biker is usually thrown from the bike serious personal injury such as brain injury, spinal cord injury, paralysis, broken bones, and amputation can occur.

Fellow Hoosiers, please take a little bit of extra time to make sure you are not about to pull out in front of a biker. Look over your shoulder after checking your mirrors, but before merging into the next lane to make sure a biker is not riding along there. Just a little bit of extra time can save the biker from a lifetime of pain and misery. It will also allow you to avoid the burden of guilt such a crash will leave behind.

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Indiana Serious Personal Injury Lawyer and Keeping a Lookout

John Young — Mon, 15 Aug 2011 15:16:48 +0000

There is one rule of the road that seems to be violated more than others. It is keeping a safe lookout. A corollary to this rule of the road is to keep your car under control. These are basic rules, so basic that we should not have to talk about them, but we do. Violations of both these rules resulted in the wrongful death of a motorcyclist yesterday. To put this another way (and to put it in perspective) a Hoosier died unnecessarily, a dead father cannot look after his children, children of a dead father will bear this burden for the rest of their days, a wife is without her friend and companion, a solid worker is no longer contributing to our society, schools etc. It is because a driver did not see what was plainly there to see. Is it because the driver was in a hurry? I hope not. She had her own granddaughter in her van as she pulled out of a parking lot and into the path of a man on a motorcycle. The collision occurred on west 38th Street in Indianapolis.

We all know that motorcycles are on the road. We all know that a quick glance, without stopping is not enough to always see what is plainly there. A motorcycle has a bright headlight, it is plainly visible. Slow down, take a better look. Care for the life and welfare of the other guy. He/She probably has a family that loves and needs them. Even if they do not, they are entitled to live their life. Be careful.

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Riding in Bed Of Pickup leads to Personal Injury

John Young — Thu, 11 Aug 2011 13:40:32 +0000

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.

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