Indiana Personal Injury Lawyers » Roadway Safety

Pedestrians in The Crosswalk

John Young — Mon, 28 Nov 2011 15:34:53 +0000

Anytime there is a collision between a car and a pedestrian, the law of gross tonnage applies. The law of gross tonnage means that the body in the collision with the greater weight is going survive the collision and inflict great damage on the other body. It is for this reason I write this blog. Pedestrian car collisions result in serious personal injury to the pedestrian including brain injury, broken bones, spinal cord injury, amputations, paralysis and even wrongful death. For these reasons, pedestrians in a cross walk are given greater protections which place greater duties on drivers.

A cross walk is specifically defined in Indiana Law. A crosswalk is either part of the roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the road measured from the curbs , or in the absence of curbs, from the edges of the traversable roadway. Or A part of the roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. It is my experience that cars hit pedestrians at cross walk most often in one of two ways. The first is at the intersection. A driver wants to make a right turn, and to do so is looking to the left for oncoming traffic. Once traffic clears, the driver fails to look left, starts the turn and hits the pedestrian in the crosswalk. Remember to look back to the right in these situations, before entering the intersection. The second common collision is at the non-intersection crosswalk. This crosswalk may be in the middle of the block. Another car stops to let a pedestrian cross, and the second car does not stop and hits the pedestrian. Be warned, it is against the law for a car to pass another car stopped at an intersection. See Indiana Code 9-21-17-6.

Please keep alert for pedestrians. You will never forgive yourself for the harm you cause and the family who suffers the loss associated with a pedestrian/car collision may never recover.

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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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Avoiding Serious Personal Injury with Child Safety Seats

John Young — Wed, 31 Aug 2011 14:47:14 +0000

They tug at our heart strings, gripping your finger with their tiny mitts. Looking at you with all the confidence that love provides. You feel whole in ways you never experienced before. Unconditional love is a powerful thing. I hear people lamenting the loss of the good old days when everyone wasn’t so concerned about safety, when we could ride in the back widow of the car and no one thought twice. I want to sit with those people for just a moment and ask them how they would feel if their child was in the back window when a car pulls out in front of the car and the child is flung forward into the back of the front seat, or worse yet, out the front wind screen. I know these people are just talking, not really thinking about what they are really saying, but I wish they would stop.

Of the great inventions of our times, and there have been many, a precisely constructed child safety seat deserves recognition. It is a simple device to use. It is a simple device to make. It is a simple device to carry from place to place and it can even be transformed into a pumpkin seat. Yet in this simplicity is an element of safety that protects the apple of our eyes. I have a case right now involving a roll over crash. One person was suffered wrongful death and another endures an amputation as a result of the roll over. However, the 12 week old baby was left with nary a scratch. When the car stopped, on its roof, the car seat held baby fast, allowing the rescue personnel the opportunity to remove him from the wreckage.

These seats are inexpensive and the companies will work with you to instruct you on the proper use of the seats. It is a small price to pay for such protection.

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Indiana Serious Personal Injury Lawyer Talks School Zone Safety

John Young — Tue, 23 Aug 2011 14:35:22 +0000

On my way to work, I pass through three school Zones. During the hours of 7:30 -9:00 am and 3:00-4:30 pm, the speed limit is reduced to 25 miles per hour. In the last week, since school has been in session, I have had drivers race up to my back bumper and tailgate me from three feet behind, honk at me, yell at me and give me the finger, as he raced around me on the right, all because I was travelling at 25 miles per hour for 2 blocks. I know these people feel comfortable being that aggressive within the anonymous protection of their air conditioned womb, but I wish, just once we could all have a “It’s a wonderful Life” moment. I wish that each one of these drivers could feel what it is like to stand over the bed holding the broken body of a child, their child, run over by a driver who wanted to get someplace three minutes faster. I wish they could feel the agony of dropping that rose on the casket of their child as the most precious gift in their lives turns to dust. I wish they could be that person on the side of the road tending a memorial to what they have lost. I wish they could be awakened in the middle of the night to the cries of pain and need because the little body in the next room can no longer walk to go to the bathroom and needs help with taking care of the ordinary activities of living, like making it to the toilet on your own without having an accident.

I wish Clarence, the Angel, could be with them as they realize the horror they feel when they realize that it was their own lack of caring for the welfare of others that has inflicted these agonies upon them. Clarence would point out, as they are screaming, “No”, that it is their face upon which they must look as blame is being assessed and meted out. I wish I could be there as Clarence takes each of them into his arms and comforts them. Clarence will ask, “Do you believe in the sanctity of life?” and they will sob “I do”. Clarence will ask, “Do you understand the searing pain you cause when you think of no one but yourself?” and they will cry out, “I do, God help me, I do!”. Clarence will ask, “What will you do now?” and they will come to themselves at the stop light, just before the school Zone, sweating and shaking and sobbing, but they will know that honoring the safety rules designed to protect our children is their duty. They will thank the Lord it was a dream, and smile at the faces of our children from 25 miles per hour and get where they are going three minutes later.

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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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Photograph or Video When Someone is Injured Says Indiana Injury Attorney

Fred Crow — Fri, 08 Jul 2011 14:08:30 +0000

If you are a witness to someone being injured or are injured yourself it is important to get photographs or video of the scene of the injury at the time or as near the time of the event as possible. Subjects for photographing could include vehicles location, damages and people at the scene. Other subjects for video or photographs could include stairs ,walkways,ice conditions etc.The importance of documenting the scene of the injury may not seem important at the time but months later when trying to describe why or how someone was injured the video or photographs can be extremely important to show just exactly what occurred. E.G. if a store says wet floor signs were in place , photos taken at the time showing no signs can help to establish the truth of what actually occurred. Most everyone has a cell phone with some video capability.If you are injured then obtaining this information can be invaluable later on.IF you witness someone being injured then taking pictures or video can be invaluable to them at a later date. You should always be sure that you give your name and contact information to the injured person or someone who knows them. By taking these few measures you can assist in making sure that the truth of what occurred prevails.

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Serious Injury Lawyer Revisits Bicycle Safety

John Young — Thu, 09 Jun 2011 17:48:00 +0000

Again, I was riding my bike to work today. A part of my route gives me two options. Neither option has bike lanes. The first option is to ride south on Pennsylvania Street from 16^th street to Ohio. Pennsylvania is a one way south with four lanes and is a busy artery into the city from the north side. The other route is Delaware Street. Delaware Street, south of 16^th street is also a four lane street, but it is a one way north. It had 8 foot wide sidewalks and in the morning is not really heavily travelled. I choose to take the Delaware Street route because it is less congested and I think is safer than the Pennsylvania Street route. I have noticed a few things about this decision that I would like to share. The first is that when cars come to Delaware Street, whether they are coming out of a parking lot, a street or an alley, the driver inevitably looks only to the south (the direction from which car traffic is traveling). At first I was kinds put off by this. Then it occurred to me that this was only natural because that is the only direction the driver expects a hazard my come from. Given this fact, whenever I come to an intersection or any outlet on to Delaware Street, I always yield to the car. I never pass in front of them because I know they probably with not look for me. Those who do look, always look startled to see me waiting for them to pass. This surprise always gives way to a thankful smile as I waive them on. It is a little curtsey that has saved my butter on many occasions.

When I ride south on Delaware, I ride on the sidewalk when traffic is so close that we may pass. If I ride on the road the drivers do not seem to know what to expect from me. I think they think that if I am crazy enough to ride south on a one way north street, I may be capable of doing anything. They give me weird looks and sometimes the looks are hostile. I think that to be safe, I want the driver to believe that my actions are going to be predictable. To this end, I ride on the sidewalk when cars are coming at me. If there are people on the sidewalk, I slow down, give them the right of way at all times and make sure they are aware I am there with an audible signal. Pedestrians appreciate knowing what is going to happen the same as a driver does. If the sidewalks were not so wide on Delaware Street, I may have to choose another route, but they are wide, and with a little courtesy, my rides are accident free.

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Indiana Auto Accident Attorney talks about “The Blind Spot” and Defensive Driving

John Young — Wed, 08 Jun 2011 14:37:30 +0000

Yesterday, I was coming back to our serious injury offices in Indianapolis, from Richmond. We just concluded a significant hearing. I was travelling west on I-70 near the Keystone interchange (Mile marker 83.5, just east of the I-65-I-70 split). At that location, I-70 is five lanes wide. I was in the second lane from the right. (I was travelling the speed limit, but there is not much of that at that location). There was a small car to my right. My front bumper was just about even with his back bumper. I was in his blind spot. He put on his left turn signal and immediately started to move into my lane. He obviously did not know I was there and did not bother to turn his head to look before moving over. There were cars immediately to my left so I could not move left. Although there was a car on my tail I hit the brakes and the car moved into my lane with about ten feet to spare.

To my surprise, he just kept moving left. The car to my left hit the brakes and the merging car barely missed him, then his luck ran out. The merging car kept on going, but in the next lane was a semi tractor-trailer. The semi cannot slow as efficiently as a car and the merging car hit the semi on the passenger front corner. The merging car was suddenly fully in front of the semi being pushed down the road. The driver of the merging car could only see the grill of the semi as he looked left. Unfortunately both the semi and the merging car were not only moving down the road, they were also merging into the left lane. An SUV clipped either the merging cars front or the semi’s front lost control and started to roll. The SUV landed on the wheels. I do not know what happened to the merging car. I pulled over, called 911 reported the collision, gave the State Police my name and telephone number. I thought about going back to the scene, but many, many people had already stopped to help and I was on the opposite side of the highway from where they all came to a stop, so to reach the scene I would have had to cross three lanes of traffic, which oddly enough barely seemed to slow down.

The point of this story is that we want to you to be careful when merging into another lane. Every car has a blind spot. To properly merge you must signal your intent and then look to make sure no one is in your blind spot. If the merging car, in my story, had followed this simple rule, there would have been no collision and several families would have made it home safe.

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Retention Pond Dangers and What to Do in an Emergency

John Young — Fri, 03 Jun 2011 15:36:32 +0000

We have spoken of them in the past, retention ponds. You see them in every new development. They are ponds purposely placed by builders to control water flow and flooding. Sometimes they are attractive and sometimes they are scars in the ground, but always they are dangerous. Several months ago a teenager, leaving a party drove into a retention pond and suffered wrongful death. Even sadder was that he was listed as missing for several days because no one saw the car enter the pond and the car sank below the top of the pond. Yesterday, a frightening but injury free crash involved a retention pond. A car with two women entered a retention pond near the Church of Acts in the 3700 block of South Dearborn. A quick thinking teenager, Olivia Martin waded into the pond, which was about five feet deep and rescued those in the car. Her quick thinking may have saved the passengers’ lives.

Remember a couple things about cars and water. Do not panic. The car will float for a few minutes giving you time to plan. Because the water on the outside of the car is heavy and is pushing against your door, it will not be possible to open the door until the car fills with water. If this is the only way out, stay calm as the water fills the car, then open the door and swim out. Most retention ponds are less than 10 feet deep, giving you opportunity to reach the surface and swim to shore. Remember, if the car ignition is still on, the electrical system is still on. This mean the electric windows will still operate. If you choose this route of escape, when the window is lowered, water will rush in and will block your exit until the water fills most of the car. As hard as it will be to wait, do so. Fighting the rush of water will only cause you to tire and will not be effective. You will need your energy to swim, save it. Some companies sell a hammer like device to allow you to break a window to get out. If you use this method, you will also have a rush of water into the car when the window is broken. Don’t panic, wait and when the car fills swim out. All this is easy to say when the panic is not upon you, but if you mentally prepare, you will have a better chance of survival.

About Pools: Designate someone to be the eyes on the pool, more than one is better. Do not talk to that person while they are working. Children die in the blink of an eye. An 8 year old girl died in a Brownsburg pool when 50 or more people were standing by, apparently no one designated to watch the pool. Our sympathies go out to the family of Aalayah L. Willis. Please do not let another precious child out of sight. Watch those pools.

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