Pulling out in front of a motorcycle causes serious risk of harm to the motorcyclist and can have terrible emotional and economic impact on the family.  In addition, the driver of the car causing the collision, and the wrongful death, has to live with the haunting memory of what their failure to use reasonable care causes.  Please be careful out there for your fellow Hoosiers, their families and your family.

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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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Just such a motorcycle crash happened in Indianapolis yesterday.  The motorcyclist was exiting I465 onto west bound 56^th street.  The motorcyclist had the right of way.  As the motorcyclist entered the intersection, a box truck operated by Christopher Schell, of Kokomo, entered the intersection and struck the motorcycle causing the wrongful death of the rider.  The truck was apparently towing a trailer and could not stop.  Clearly it is foreseeable that if you increase the load a truck is pulling or carrying, you are going to increase the stopping distance and the pressure on the brakes.  Although it is not yet known whether the brakes did not respond properly or the driver did not properly judge his stopping distance.  In either event, an avoidable collision occurred and resulted in the wrongful death of an innocent Hoosier.  Our sympathies go out to the family for their loss.

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In what must be one of the most ironic stories of the year,  Police say a motorcyclist participating in a protest ride against helmet laws died after he flipped over the bike’s handlebars and hit his head on the pavement. 55-year-old Philip A. Contos of Parish, N.Y., was driving a 1983 Harley Davidson with a group of bikers who were protesting helmet laws by not wearing helmets. He hit his brakes and toppled over the handlebars. He was pronounced dead at a hospital. Troopers say Contos would have likely survived if he had been wearing a helmet.  We are saddened for Mr. Contos’ family.  However, this story is a teaching moment.  Helmets prevent more serious injuries.  Helmets are comfortable.  Helmets should be worn at all times.

I often wonder if the same folks who do not want to be told by the government to wear a helmet, have any objection to receiving social security and Medicare for the rest of their lives after a severe brain injury in a motorcycle accident.  After all, for the rest of their lives the Government they did not want telling them what to do, will be telling them what to do for the rest of the lives.

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An encouraging piece of news was just recently released. Motorcycle deaths dropped 2 percent in the first nine months of 2010. The Governors Highway Safety Association just released its report.  Unfortunately the report also indicates that the trend was not holding for the last three months of that year. 

Drivers, remember we must all share the same roads.  The motorcyclist is entitled to use the roads and is entitled to be safe from inattention.  The number one cause of motorcycle car collisions is blamed on the driver not seeing the motorcycle.  Put down that cell phone.  Keep alert for all other traffic including motorcycles.  Let’s all be safe on the road.

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 John P. Young has been a Board Certified Trial Lawyer for over 9 years.  This certification was earned, through exhaustive education and experience.  It is not an advertisement like the “Super Lawyer” tag.  Super Lawyer means nothing, it is not earned, it is a marketing ploy.  Less than 100 lawyers in Indianapolis are Board Certified because of the rigorous requirements of becoming board certified.

In the news lately, we revisit the continuing saga of David Bisard.  You may know him as the IMPD police officer accused of killing a motorcyclist while driving his squad car while drunk.   Well, here is a new twist, other accused criminals are now using Bisard’s troubles to call into question the investigation he performed in their cases.  Ronald L. Davis, suspected in killing two women and two children on Hovey Street in 2008 has filed a motion asking IMPD to turn over records on Bisard, including mental health records and other accidents.  Presumably this is to cast doubt about Bisard’s actions in investigating the charges against Davis.

In other news, Brownsburg police arrested a Zionsville woman accused of drunk driving.  To make matters worse, the woman was transporting seven children at the time she was arrested.  The driver, Brandee L. Polak admitted to police to drinking six beers before getting behind the wheel.   She was speeding and weaving when she was arrested.  Thank God no one was killed or seriously injured.  These are the ingredients we always see when we represent seriously injured Hoosiers as Indiana Drunk Driving accident attorneys.

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We have been following the sad story of the Indianapolis Metropolitan Police Officer.  As you know a Marion County Superior Court judge cast significant doubt on the admissibility of the blood tests taken from Officer David Bisard.  Officer Bisard was involved in a collision while operating his police cruiser, allegedly under the influence of alcohol.  The crash killed Eric Wells, who was stopped on the road on his motorcycle.  The judge refused to suspend the officer’s license because there was no probable cause to take blood from the officer.  The police officers at the scene state that they did not smell alcohol on Bisard, nor did he appear to be impaired.  Therefore they did no field sobriety tests to justify the taking of the blood sample.

The Wells family, and many members of the public are outraged at the decision.  Suspicion is high that the officers of IMPD are not being truthful about what they observed of Officer Bisard after the collision.  The logic goes like this:  The blood test came back .19.  At that level a person is drunk and exhibiting signs of impairment and would smell of alcohol.  The officers at the scene, therefore, are not being honest about their observations of Officer Bisard.  They are not being honest to cover for one of their own.  In any event, IMPD is the center of the firestorm.  The Wells family is planning a rally on monument circle on August 20, 2010, at 6:30 is support of Eric.  We will continue to follow this story. However it ends, we hope that the Wells family can find some peace from this tragedy.

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John G. Wilson, III was sentenced yesterday to 12 year in prison. He was convicted this month of driving while intoxicated causing death. The deaths were of his three friends. The drunk driving accident took place while Mr. Wilson was driving drunk in the 4700 block of Moller road in Indianapolis. He lost control of his car and slammed into a tree. Two of his friends were killed instantly and the third died from the injuries he sustained in the claim. We advocate that in addition to the jail time he received he should be forced, through a civil claim to make up for the harm he caused, the wrongful death of his three friends. The families have lost so much. Society has lost the intelligence and energy of these three young men. Who knows one of these men might have invented something that saved the world from a grave problem. However, we will never know.

In another accident, Donnie Gipson was jailed for driving drunk and killing two people on a motorcycle. The accident took place on Massachusetts Ave. near its intersection with Samoa Street. Killed were Donald Wilson and his passenger Erica Alexandria Ford, both of Indianapolis. Our thoughts and prayers go out to the families of the deceased. We also hope and pray that Mr. Gipson pays his debt to society, makes up for the harm he caused to these families, quits drinking and lives the rest of his life in a way which will honor those lost.

Lastly, a Franklin High school teacher was arrested for suspected drunk driving. Matthew Krulik, age 26 now faces charges and potentially the loss of his job. Thank goodness no one was injured or killed.

If you or a loved one has been injured by a drunk driver in a drunk driving accident, call John P. Young toll free at 1-888-639-5161 or on the web at john@youngandyoungin.com. We guarantee we will charge no fee until we have collected fair compensation for you and your family.

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Learning to be safe on a motorcycle should be the first step.  Indiana requires a rider to obtain a special license to ride a cycle.  Riders are encouraged to take a special course to learn the tricks and the dangers in riding.  ABATE offers a great class.

Most collisions or crashes between a cycle and a car occur because the driver of the car does not see the motorcyclist.  This happens when a car makes a turn across a cycle’s path, pulls out in front of the cycle or changes lanes when the cycle is in the car’s blind spot.  To avoid being put in this danger as a motorcyclist, you must always assume that you cannot be seen and ride defensively.  Your headlight must always be on.  Fortunately headlights today automatically come on when the cycle is started.  We are seeing dual headlights and flickering headlights which draw a car driver’s attention to the light.  Even with these aides you must drive within the speed, limit, pass only in passing zones, maintain a safe distance between cars, etc.

Even though a helmet is unpopular with many riders, it is an essential piece of safety equipment. One spill on the bike, with no helmet makes it likely that the old melon ( your head) is going to hit the pavement.  There is only a small piece of bone and a couple shear pieces of tissue between your brain and the pavement.  There is no cure for a brain injury.  The only way to deal with it is to avoid it.  You only have one brain, so protect it.  Protect it, if not for yourself, then for your lover, your child, your mom or dad, but protect it.  Be safe, wear a helmet.

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