Indiana Personal Injury Lawyers » Fatal Accident

Indiana Serious Injury Lawyer Discusses Sam Mack

John Young — Thu, 27 Oct 2011 15:21:36 +0000

I knew Sam Mack as a child, then lost touch with him as he grew into an adult. Sam struck me as a child with immense potential, once he grew out of the awkward stages of life. He was smart and energetic and entertaining. So, I guess, Sam Mack was a lot like any child. I read today, with despair, that Sam has made a fatal mistake. He got behind the wheel of a car while intoxicated and caused a drunk driving accident that led to the wrongful death of his passenger, 18 year old Daryn Barnett. Our heartfelt sympathies go out to the family of Miss Barnett. We hope that the memories of your daughter, sister, or grandchild will help you through these awful times. Know that you do not have to go through this alone. There are support groups and counseling that has helped other families deal with the grief you are now enduring.

Sam, it is apparent that you have a disease. That disease is alcoholism. This is your second arrest for drunk driving, and you are only 21 years old. Alcohol has severely affected not only your life, and the lives of Daryn Barnett and her family, but it has also affected your families lives. For your family, I hope they seek out the counsel of AL-ANON Family Support. You can find them at www.al-anon.alateen.org. These folks know what you are going through and talking it out, and hearing the experiences of others can help.

As for you, Sam, you now have to live with knowing that your disease has taken the life of your friend. If you do not do something about it, it will take your life too. Certainly it has irrevocably changed your life, but you are still alive. You still have a chance to make up for what has happened. Admit your disease. Take steps to obtain help. Work to improve your life. It would be fitting to dedicate your recovery, and a fruitful life of service, to your friend Daryn, so that her loss was not in vain. Sam, your mistake does not have to crush your life and spirit. Do not allow that to happen, if for no other reason, then for Daryn’s sake.

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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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Horseplay is Dangerous Driving

John Young — Tue, 05 Jul 2011 13:28:33 +0000

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.

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Indiana Serious Injury Lawyer knows Speed Kills

John Young — Thu, 30 Jun 2011 15:35:50 +0000

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.

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Serious Injury Lawyer Says Watch Out For Cyclists

John Young — Thu, 23 Jun 2011 14:57:54 +0000

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.

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Fire Safety is Important

John Young — Tue, 05 Apr 2011 20:07:21 +0000

Fire safety is no laughing matter. As Indiana Serious Injury Lawyers we have seen the devastation fire can wreak. Burns are life threatening. Basic first aid divides burns into three categories or degrees. First degree burns cause the skin to turn red and warm. The skin becomes sensitive to heat and the burns are painful. A sunburn is a good example of a first degree burn. A second degree burn usually causes blistering of the skin, pain and sensitivity to heat. A third degree burn destroys the top layers of the skin. In so doing, the burns interfere with the skins natural ability to fight off contamination and or infection. The burns cause sensory nerve damage and are excruciatingly painful. Rehabilitation for third degree burns is long and difficult. Skin grafts are often necessary. Unfortunately, burns cause severe scarring to the skin. Scar tissue is not nearly as flexible as healthy skin and it does not grow like healthy skin. If the burn victim is a child, multiple surgeries are necessary, as the child grows, to “let out” the skin. Wrongful death is always a risk from infection. This short description of the problems associated with burns and fire make it clear that fire safety is key because avoiding burns is the best way to treat burns.

Fire safety suggestions, in no particular order include: Make sure your smoke detectors work and the battery is fresh and working. Do not maintain open flames in your home. If you must use open flame, make sure that no combustible materials are near the flame. Also make sure that the flame source, such as a candle, is anchored properly and will not fall over. Do not over load circuits with too many electrical appliances. If you use space heaters, never leave them running while you are away, make sure they are away from any burnable items and are on a level and solid surface. If you are unsure about the safety of the device do not use it until you have had it checked out for safety. Do not put extension cords under rugs or carpeting. Do not place flammable liquids in an area where the fumes may come into contact with an open flame, such as a water heater. As a family perform a fire safety inspection of your home. If you are not sure how to do such an inspection, contact your local fire department and ask for advice. Have a safety plan for exiting your home in case of a fire. Have a meeting place where you can be sure all family members are accounted for. Do not reenter a burning home. Nothing is more valuable than your life, leave objects behind.

Recently, a wonderful example of fire safety has occurred. A fire broke out at Regina’s Child Care Ministry in Indianapolis, IN. Twenty four children ages 6 months to 9 years and four adults were alerted to the fire by smoke detectors and the smell of smoke. Although we do not know the specifics of the Ministry’s fire safety plan, it was executed well as all children and adults were able to get out of the building to safety. We applaud all those persons who took the time to prepare their fire safety plan and to practice the plan so that when an emergency did occur they were able to put the plan into effect and save 24 children from burns and burn treatments.

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Make the Right Choice: DUI or DD?

John Young — Mon, 04 Apr 2011 14:50:00 +0000

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

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

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

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Indiana Serious Injury Attorneys Talk About Personal Responsibility

John Young — Fri, 11 Mar 2011 15:05:58 +0000

This week, Justice Holifield, a 13 year old student at Harshman Middle School in Indianapolis, along with other students decided to ride with their teacher, Kyle Bieda, to the store to pick up some necessary items for their participation in a band contest. The trip was innocent, no allegations of the type we are used to seeing when a sad story about a student and teacher usually make the papers. Unfortunately, the teacher, Kyle Bieda appears to have failed to yield the right of way to a semi-tractor trailer resulting in a highway accident that resulted in the wrongful death of Justice Holifield. Other students in the car sustained serious injury. We are certain that Kyle Bieda did not intend the harm caused, however, as we all are taught by our mothers, Kyle Bieda is responsible for making up for the harm caused by the negligence.

Kyle Bieda cannot change that his negligence caused Justice Holifield’s death. Kyle Bieda cannot take away the serious injuries to the other students, caused by his negligence. However he can compensate those families by paying for the medical bills, funeral bills and burial costs. He can compensate the families by making up for the pain he caused. He can compensate the families by making up for the loss of love he caused. He does this by being a good citizen and following the law that requires him, and every other driver, to maintain liability insurance on his car. His insurance will make up for the harm he caused as best as humans can possibly do after such a tragedy, by compensating the victims of his negligence.

As Mr. Bieda was taking the children to the store as part of his job, the school corporation’s insurance company will also have a responsibility to help make up for the harm caused. That is because Mr. Bieda’s work is a benefit to the School corporation and therefore the school corporation must share in the responsibility for the harm caused.

Our prayers and hopes go out to the family of Justice Holifield. We hope that he memories will sustain you through this very trying time.

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Indiana’s Wrongful Death Statute

John Young — Fri, 28 Jan 2011 21:52:20 +0000

At Young and Young we represent Hoosier families who are coping with the tragedy of the wrongful death of a loved one. These are particularly hard times for families who lose the bread winner. Even more distressing is the loss of the love, affection and guidance of a family member. The Indiana Wrongful Death Act is the statutory law that controls a case when the family loses a loved one to wrongful death. For the purposes of this statute, it matters not how the accident occurs. In many instances the wrongful death is the result of a drunk driving accident, a highway accident, or a big truck accident. However, we also see wrongful death accidents from construction accidents, falls and other accidents.

We set out for your convenience the Indiana Wrongful death statute as follows:

34-23-1-1 Death from wrongful act or omission

Sec. 1. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefore against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission. When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission. That part of the damages which is recovered for reasonable medical, hospital, funeral and burial expense shall inure to the exclusive benefit of the decedent’s estate for the payment thereof. The remainder of the damages, if any, shall, subject to the provisions of this article, inure to the exclusive benefit of the widow or widower, as the case may be, and to the dependent children, if any, or dependent next of kin, to be distributed in the same manner as the personal property of the deceased. If such decedent depart this life leaving no such widow or widower, or dependent children or dependent next of kin, surviving her or him, the damages inure to the exclusive benefit of the person or persons furnishing necessary and reasonable hospitalization or hospital services in connection with the last illness or injury of the decedent, performing necessary and reasonable medical or surgical services in connection with the last illness or injury of the decedent, to a funeral director or funeral home for the necessary and reasonable funeral and burial expenses, and to the personal representative, as such, for the necessary and reasonable costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney’s fee, and in case of a death under such circumstances, and when such decedent leaves no such widow, widower, or dependent children, or dependent next of kin, surviving him or her, the measure of damages to be recovered shall be the total of the necessary and reasonable value of such hospitalization or hospital service, medical and surgical services, such funeral expenses, and such costs and expenses of administration, including attorney fees.

The claim must be brought by a person appointed by the Court to bring the claim. This person is called the administrator and is usually the spouse, parent or sibling of the deceased Hoosier. The administrator may seek assistance from an attorney to file the proper paperwork and pursue the claim. Remember, the person whose negligence caused the wrongful death is covered by insurance which is responsible for paying the fair compensation the family of the deceased deserves

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Indiana Serious Injury Attorneys on Defending Tort Law

John Young — Thu, 27 Jan 2011 19:21:00 +0000

As you know from our recent talks, we have been taking this time to defend the civil justice system against those who would rather strip the American public of their rights than have to make up for the harm they do. We, as Americans, have done a poor job defending our right to jury trial. Our founding fathers thought enough of this right to specifically place it in our constitution. We should be defending it more vigorously than the gun lobby works to defend the right to bear arms. We have let the insurance companies and the moneyed interests chip away at our rights over the last 40 years. These interests have been very effective with ad campaigns and smear tactics to redirect our attention away from our rights so they be taken away from us without us really know or understanding why it is happening. Imagine, if you are involve in a serious automobile accident or seriously injured in a drunk driving accident, not being able to demand, yes I say demand that the person whose negligence caused your serious injury be required to make up for the harm they cause, to fully make up for the harm they caused. You may think this is impossible but we are sliding ever closer to this reality. In Indiana, hundreds of immunities now exist in our law to protect those who cause injury from having to fairly make up for the harm they cause. We see stories in the papers and on TV telling us another out of control jury has awarded outrageous damages for no injury. These stories are believed despite the fact that the jury heard all the facts, were controlled by the judge and strict rules of evidence and made their decision based on those facts rather than the inflammatory accusations made by those who stand most to lose by a fair jury, the Insurance companies, and vested interests. We are barraged by false stories about lawsuits, such as the Stella Awards, and instead of checking the facts, we believe the hype and condemn the system, the very system designed by our founding fathers to protect us. If guns were assaulted as heavily as our right to a jury trial America would be howling.

For this reason, I want to recommend you watch a new documentary entitled “Hot Coffee.” It tells the story the jury heard about the McDonalds Hot Coffee case from 20 years ago, and then goes into other examples of “Tort Reform.” Most important, it explains why the lies have been told for over 20 years about our Tort system, and the corporate interests behind the public relations nightmare. The documentary is so good that it’s been accepted at the prestigious Sundance Film Festival. Here’s a link to the first official critique of the film: Sundance Review: Hot Coffee

I do not ask you to swallow whole what you see in this documentary. I ask you to think about what you see. Check the facts and make your decision. After doing so, I am confident that you will have a renewed respect for jury trials, the civil justice system and your rights. Pass on what you learn.

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