Indiana Personal Injury Lawyers » Motorcycle

Indiana Serious Personal Injury Lawyer Discusses Motor Cycle Safety

John Young — Thu, 03 Nov 2011 16:44:35 +0000

We see it quite frequently, a car pulls out in front of a motorcycle and causes serious personal injury or wrongful death of the motorcyclist. Our heartfelt sympathies go out to the family of Hamilton County Sheriff Deputy Leanea Nyeayea. Deputy Nyeayea suffered wrongful death as the result of a collision at the intersection of Kessler Boulevard and Binford Boulevard this past weekend. Deputy Nyeayea leaves behind his wife and several children. This very unfortunate collision could have been avoided. We start by thinking that the car driver did no intentionally pull out in front of Deputy Nyeayea. Therefore, the driver must not have seen Deputy Nyeayea as the driver pulled out onto Binford. If the driver did not see what was plainly there to see, then one of two things probably occurred. The first is that the driver was in a hurry and simply glanced to the left as they rolled into the intersection. The glance did not provide the driver a full field of vision and therefore the driver did not see what was plainly there to see, i.e. Deputy Nyeayea on his motorcycle. The second possibility also involves the driver being in too much of a hurry. It is possible that Deputy Nyeayea was in the driver’s blind spot. We all know that cars have a blind spot. Based on this knowledge, it is our duty, as drivers, to take extra care to make sure a motorcyclist or car is not in the lane we wish to enter, before we even attempt to enter that lane.

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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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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Motorcyclist, Trucks and Wrongful Death

John Young — Mon, 08 Aug 2011 18:07:26 +0000

It is a fact of life, the rule of gross tonnage. This means that in a collision the vehicle with the highest gross tonnage is going to prevail. In the situation involving a motorcycle accident with a truck, the motorcyclist is in the greatest danger of serious personal injury or wrongful death. This is why it is so important for trucks to follow all safety rules and regulations to make sure their trucks are safe for operation on the road. It can fairly be said that truck failures have much to do with a failure of proper maintenance and inspections. It is not acceptable that a trucks brakes fail. It is not acceptable for two reasons, the first is that with regular maintenance, a trucks brakes will not fail. The second is because the harm a truck can do to a passenger in a car, or a rider of a motorcycle can be catastrophic. The damage is easy to imagine, broken bones, spinal cord injuries resulting in paralysis, brain injuries, amputations and wrongful death. It is hard to imagine having to endure these damages simply because the trucking company was taking short cuts and endangering people’s lives.

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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Motorcycle Helmets and Serious Personal Injury or Wrongful Death

John Young — Thu, 07 Jul 2011 12:43:22 +0000

I am always amazed at people I see riding bikes and scooters and motorcycles without helmets. I am even further amazed and how strongly some of these people feel about laws requiring the use of helmets. A couple years ago, the Indiana legislature was all set to pass a mandatory helmet law. On the day of the final vote several hundred motorcyclists filled the halls of the state house to voice their opposition to mandatory helmet laws. I understand smaller government, but I do not understand not wearing a helmet.

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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Indiana Motorcycle Saftey Should be Top Priority

John Young — Tue, 19 Apr 2011 13:13:38 +0000

Motorcycle safety should be a priority for all riders. Did you know that in Indiana there is special training available for motorcyclists? Check with your local BMV if you are a rider, to ensure you receive proper training and licensing. Additional training is available through the organization ABATE www.abateofindiana.org/. (American Bikers Aimed Toward Safety). Remember to wear your helmet.

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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Indiana drunk driving accidents

John Young — Fri, 10 Sep 2010 17:46:01 +0000

At Young & Young, we are Indiana Injury Attorneys. We practice all over the State of Indiana out of our Indianapolis offices. As Indianapolis Injury Attorneys, we vigorously pursue Indiana drunk driving accident cases. We pursue Indiana drunk driving accident cases because we know they often times result in severe injury to our fellow Hoosiers. We know the medicine and the law that will benefit Hoosiers severely injured in Indiana drunk driving accidents. That is why we are Indiana drunk driving accident lawyers. The Hoosiers we represent in drunk driving accident cases have severe injuries including amputations, brain injury, broken bones, spinal cord injuries, including paraplegia and quadriplegia, blindness, and wrongful death. Knowing the medicine, learned from speaking with specialists, in all medical fields, from all over the United States allows us to not only understand your severe injuries, but to be able to convey them to juries all over the State.

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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After Fatal Accident, Indianapolis PD Considers Field-Sobriety Policy For Officers

Fred Crow — Sat, 28 Aug 2010 15:06:43 +0000

John Young has written several blog postings about the firestorm surrounding IMPD officer David Bisard who was involved in a collision while operating his police cruiser allegedly under the influence of alcohol. A motorcycle operator lost his life in the accident. There was no field-sobriety test taken administered at the scene which is in part the source of the controversy, but a change in police department policy may be on the horizon.

The IndyStar.com website reports as follows:

The Indianapolis Metropolitan Police Department doesn’t require officers involved in crashes to take breath tests to determine whether they were under the influence of alcohol…”My sense is we will be moving very quickly in that direction” for police, [Indianapolis public safety director Frank] Straub said.

DUI charges against the officer were dismissed for lack of evidence, but he is far from out the woods. He still faces reckless homicide and criminal recklessness charges.

Mandatory field sobriety testing following accidents is already in effect for Indianapolis firefighters, so the precedent has been established; it’s likely a similar protocol will soon be implemented for police officers.

Leaving aside the specifics of this controversy, drunk drivers sadly come from all walks of live. In a drunk driving-related traffic accident, each motorist should be treated equally under the law, and then let the chips fall where they may based on where the evidence leads.

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Indianan Personal Injury Lawyer

John Young — Fri, 20 Aug 2010 17:37:00 +0000

At Young & Young, we perform the full range of services for Hoosiers who have been injured by the negligence of others, or who have a severe disability. John P. Young, practicing out of the Indianapolis offices of Young & Young was proud to talk about Social Security law with Denny Smith on WIBC on Thursday August 19, 2010. We covered the full range of topics including disabilities from auto accidents, truck accidents, drunk driving accidents and construction accidents. As personal injury lawyers, Young & Young is always looking to help in the community to educate Hoosiers about their rights. The attorneys of Young & Young are frequent speakers in seminars to educate lawyers about the work they do. We also speak at seminars put on by the Brain Injury Association of Indiana, directed at Hoosiers learning to cope with the affects of brain injury.

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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Indy Motorcyclist Loses Life In Utility Pole Accident

Fred Crow — Wed, 28 Jul 2010 14:23:14 +0000

A motorcyclist without a helmet tragically died in Indianapolis in the early morning hours on July 23 when he crashed into a light pole. According to witnesses, the man, 42, was going about 100 mph on Madison Avenue when he lost control. He died at the scene. Police indicated that alcohol did not appear to be a factor.

Whether a helmet could have saved the man’s life at that rate of speed is unknown, but in general wearing a helmet can provide a certain degree of protection against catastrophic motorcycle accidents and injuries. A helmet that meets the basic standards of the U.S. Consumer Product Safety Commission is a good place to start.

In addition to observing the speed limit and always wearing a helmet, the Indiana State Police recommends wearing a long-sleeved jacket, sturdy gloves, and over-the-ankle boots. For greater roadway safety, the Indiana personal injury lawyers at Young and Young also recommends that all motorcyclists participate in a motorcycle training course such as those sponsored by ABATE prior to operating on the road.

Incidentally, on August 13, Indiana Governor Mitch Daniels will participate with ABATE in the Governor’s 6th Annual Charity Motorcycle Ride benefiting the Indiana National Guard Relief Fund, August 13. More information can be found on the ABATE website. The free event open to all motorcyclists will wind through the scenic roadways of northwest Indiana.

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Avoiding Motorcycle Accidents

Fred Crow — Thu, 22 Jul 2010 17:34:50 +0000

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.

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