Indiana Personal Injury Lawyers » Truck Accident

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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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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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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Indiana Serious Injury Attorneys Discuss Semi Tractor-trailer accident

John Young — Thu, 14 Apr 2011 17:39:23 +0000

Yesterday we discussed the dangers associated with sharing our highways with large semi tractor-trailers. As Indiana serious Injury Lawyers, representing seriously injured Hoosiers all over the State of Indiana from our Indianapolis offices, we know that there are many dangers. Sometimes the dangers stem from the way the trucking company does business. Of course there is always the risk that that truck company will put a driver who drinks behind the wheel and who will cause a drunk driving accident. Fortunately this is the rare exception. However there are many rules that that trucking companies cause to be violated by their push for profits. A trucker is only allowed to drive a certain number hours in a 24 hour period. To insure that the driver is not exceeding these limits, the truck operator must have a log, up to date within a short period of any hour. The trucker must be able to present this up to date log to any state inspecting authority or face fines. The sleep deprived trucker can be as dangerous as the drunk driver because reaction time is impaired and falling asleep behind a big rig, causing a semi tractor-trailer accident has very serious consequences including spinal cord injury, wrongful death, brain injury and other serious injuries.

Another danger is associated with failing to obtain the proper permits for wide loads and or hazardous loads. It has been revealed that the collision on I-70 west in Indianapolis which occurred on Monday April 11, 2011 which involved a semi tractor-trailer hauling an oversized load did not have a permit for the work. This is significant because the route chosen by the trucker required this wide load to move through a construction zone where the width of the lanes were constricted. Normally lanes on I-70 are twelve feet in width. In the construction zone the lanes were squeezed to 11 feet. The area of construction is also not a straight course which adds to the danger associated with a semi tractor-trailer carrying a wide load. The crash resulted in the death of Judson D. Dye.

Fellow Hoosiers this is yet another reminder to be as careful as you can, as there are dangers out there which may not be obvious to you.

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Indiana Serious Injury Attorneys Discuss Semi Tractor Trailer Accidents

John Young — Wed, 13 Apr 2011 13:22:44 +0000

Recently we wrote about the dangers associated with sharing our highways with semi tractor-trailers. We know the benefits of this arrangement far outweigh the benefits, but that does not mean that passenger cars are in greater danger on the highways of having a semi tractor-trailer collision. The danger arises from the serious injuries that are more likely in a semi tractor-trailer accident. Because the trucks are so big and the cars are so small serious injuries such as spinal cord injury, resulting in paralysis, brain injury, broken bones, blindness and even wrongful death are very real possibilities.

States, and the Federal Government, have been taking steps to protect cars from collisions with semi tractor-trailer. One such step is median barriers. There are several different types of barriers including concrete walls, moveable concrete barriers known as “New Jersey” barriers, and more recently a series of reinforced wires. Beware, however of a false sense of safety. When a semi tractor-trailer loses control at 55-70 miles per hour it is a multiple ton missile capable of overcoming such barriers.

Take, for example, the multiple car/semi tractor-trailer accident which happened on Interstate 70 on the west die of Indianapolis on April 11, 2011. The accident started when a semi tractor-trailer drove into the “New Jersey” barriers separating traffic. The force of the impact caused the barriers to be pushed into the opposite lanes of travel. The drivers on that side of the barriers now had to swerve to avoid hitting the barriers, which just a second before were not in their path. As the first cars began to swerve and brake, they hit other cars, or were hit from behind by other drivers. Unfortunately, Judson D. Dye was killed in the collision. Four other people were injured, fortunately not with life threatening injuries. Our thoughts and prayers go out to the family of Mr. Dye.

Please, be careful on our highways. They are there to benefit us all, but danger still lurks there.

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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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Wire Barriers on Highways Help Save Lives- Indiana Truck Accident Attorneys

Fred Crow — Wed, 09 Feb 2011 16:01:28 +0000

Dear Hoosiers, I came to work today on roads covered with ice. As I did, I passed a large truck losing control, skidding into the median. The large truck, a semi tractor-trailer came to a stop causing no injury and little damage, though I suspect the driver might have to change his under garments. I thought back to a time when I had seen another such event, only this time there were no wire guards across the median. The truck slid across the median and into the path of a minivan. The small family never stood a chance. It was a horrible collision with no good outcome, or so I thought. Now I think that the collision that took that families life must have led, in part, to the construction of the wire barriers along Indiana major highways. Although they were not in place to save that family (and we will never know what great things the children in that van were capable of maybe they would have solved our energy crisis with some new invention, you never know) those barriers were in place today and stopped that large truck from causing serious injury, or even wrongful death today. Who knows, maybe those barriers saved the life a person who will solve our energy needs. You never know.

On a slightly different note, following up on my discussions about our civil justice system, I want to share with you a thoughtful and insightful article on the topic by Fred Thompson. Some of you may know Mr. Thompson as a former senator from the State of Tennessee. Some of you may know Mr. Thompson from a successful film acting career (See JFK) and TV Acting (See Law and Order).. Most of you will not know Mr. Thompson as a trial lawyer with over thirty years experience in our civil justice system. Mr. Thompson writes based on his experience. I have attached a link to the article. I will say no more as the article speaks for itself.

Read Mr. Thompson’s discussion about our civil justice system

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Ice From Passing Trucks Cause Highway Hazard – Accident Lawyers Young and Young

John Young — Fri, 04 Feb 2011 21:20:44 +0000

Fellow Hoosiers, we have all been dealing with ice in new and unusual circumstances. For the first time in my life I saw children playing hockey, with skates on my front yard. We want to warn you all about an unexpected danger. We are hearing reports that ice is being shed by semi tractor-trailers on our highways. Some of the ice is large enough to damage cars trailing the truck. Some of the ice is large enough to cause drivers to lose control and crash, resulting in injury. If you find yourself with property damage to your car, or injury to your body caused by ice flying off a semi tractor trailer there are a few things you can do. If you are able to obtain the license plate of the truck this is the best thing for you. The license plate number will allow the police or your insurance company to identify the truck. Identifying the truck is essential because this may be the only way for you to identify the trucks insurance company. Whether or not you obtain identifying information for the truck, call the police and make a report. This is important to document the damage to your car and to document the accident for insurance purposes. If other drivers stop and identify themselves as witnesses, obtain their name, address and Telephone number. You will provide this to the police.

If you cannot find out the name of the truckers insurance company, you may need to contact your own insurance company. We recommend that if you have uninsured motorist coverage, you turn in the claim on that insurance. In this instance you will not have to pay a deductible. If you do not have uninsured motorist insurance (If you don’t we highly recommend that you talk with your agent and purchase it. UM coverage is not expensive and protects you against those not responsible enough to purchase coverage) then you will have to file your claim under your comprehensive coverage. If you do have comprehensive coverage you will have to pay the deductible. If you have any questions, please contact Young and Young.

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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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Indianapolis Auto Accident Attorney Offers Advise for Winter Driving

Fred Crow — Fri, 21 Jan 2011 22:10:52 +0000

The Indiana State Police warn that snow and ice don’t cause crashes… but rather driving behavior causes crashes. Old man winter is dishing out more than a fair share of snow , ice and cold for us this winter and there are a few things the state police recommend to help safely travel in these conditions.

You should be prepared. First, you should check the forecast and let someone know your route before traveling. Next, you should keep your gas tank full. You should also carry a winter driving kit. This should include blankets,flashlight and extra batteries, a brightly colored cloth, sand or cat litter, a shovel, candle, matches, non-perishable high calorie food, a first aid kit, jumper cables and a cell phone(preferably with a car charger).

You should also drive according to the road conditions. You should allow extra time to get to your destination.You should clear all windows of ice and snow, including removing snow from the hood, roof and all lights, including both headlights and taillights. Take added care at bridges,underpasses,shadowy areas and intersections ,where ice is slow to melt. It is wise to slow down to increase traction and don’t use your cruise control on slick roads. The use of low beam headlights decreases the glare from ice. You should avoid abrupt stops and starts. It is better to slow down gradually and keep your wheels turning to avoid losing traction.

If you become stranded don’t leave your car as it is the best protection you have. You should tie a brightly colored cloth to your antenna to alert your need for help. Rolling down a window a little amount lets in some fresh air. You should keep the exhaust pipe free of blockage to prevent carbon monoxide poisoning . It is important to not panic. A car idling only uses a gallon of gas per hour.

Statewide road and weather information can be gained by calling 1-800-261-7623 or visiting INDOT’s website at TrafficWise.IN.gov.

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