Indiana Personal Injury Lawyers » Truck Crash

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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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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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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Indiana Truck Accident Attorney

John Young — Mon, 12 Jul 2010 23:18:00 +0000

John P. Young is your Indiana Truck accident attorney. Mr. Young works out of the Indianapolis law firm of Young and Young. Young and Young has been in continuous operation since 1954, more than 56 years! Mr. Young and his partners have combined legal experience of more than 100 years. Mr. Young represents Hoosiers injured in every type of truck accidents including SUV collisions, pick-up truck crashes, box trucks, step vans, right on up to semi tractor-trailer accidents. Mr. Young deals with drunk driving accident cases and any highway accident. Mr. Young studies and understands the rules and regulations administered by the U.S. Department of Transportation Federal Motor Carrier Safety Administration which can be accessed on the web at www.fmcsa.dot.gov. These rules and regulations apply to operators, vehicles, transportation of hazardous materials, companies and more. Adherence to these rules and regulations is what keeps our highway systems safe for passenger cars to travel alongside the big rigs. Almost any big truck collision can be contributed by human error, mostly in violation of the safety rules. Reasonable responsible companies follow the rules. Those that don’t cause accidents and injury.

In an unfortunate crash over the weekend a small child, a baby, was critically injured in an SUV crash on Interstate 65 in Clinton County. Justice Hans was taken to Riley Children’s Hospital in Indianapolis, IN after the collision. She was listed in critical condition. Justice was thrown from the vehicle when the accident occurred at about 2:00 pm, Sunday July 11, 2010. The SUV in which Justice was a passenger was south bound on I-65 when the driver lost control and the SUV rolled several times. Justice’s mother, Kia Tonge-Goliday was also thrown from the vehicle, but was not reported as injured. Our thoughts and prayers go out to Justice for a complete and speedy recovery as well as to Kia, in what must be a very difficult experience.

If you, or a loved one, has been injured in a truck accident, and the accident was another person’s fault, call John P. Young toll free @ 1-888-639-5161. You may also contact Mr. Young on the web at john@youngandyoungin.com. Mr. Young guarantees there will be no fee unless you receive just compensation. Be careful on our roads.

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Indiana Truck Injury Lawyer on Speed Limits

John Young — Thu, 01 Jul 2010 21:37:05 +0000

John P. Young has been practicing Indiana Truck Injury law for 22 years. He recently assisted a Hoosier injured in a semi tractor trailer accident. The facts of the case shed light on the speed limits on our interstate highway system. Speed limits on the highway system are regulated by Indiana statutory law. This simply means that the Indiana legislature passed a law which controls speed on our highways. The numerical designation for the statute is I.C. 9-21-5-2. The “I.C.” stands for Indiana Code. This is how law enforcement refers to the statute passed by the Indiana legislature. I.C. 9-21-5-2 deals with speed limits for more than just semi tractor-trailer trucks or other large trucks. It also deals with more than just the Interstate highway system. However for purposes of this blog, we will cite only to the sections applicable to large trucks and semi tractor-trailers, and the Interstate highway system. The statute states:

Sec. 2. Except when a special hazard exists that requires lower speed for compliance with section 1 of this chapter, the slower speed limit specified in this section or established as authorized by section 3 of this chapter is the maximum lawful speed. A person may not drive a vehicle on a highway at a speed in excess of the following maximum limits:

(2) Fifty-five (55) miles per hour, except as provided in subdivisions (1), (3), (4), (5), (6), and (7).

(3) Seventy (70) miles per hour on a highway on the national system of interstate and defense highways located outside of an urbanized area (as defined in 23 U.S.C. 101) with a population of at least fifty thousand (50,000), except as provided in subdivision (4).

(4) Sixty-five (65) miles per hour for a vehicle (other than a bus) having a declared gross weight greater than twenty-six thousand (26,000) pounds on a highway on the national system of interstate and defense highways located outside an urbanized area (as defined in 23 U.S.C. 101) with a population of at least fifty thousand (50,000).

(6) On a highway that is the responsibility of the Indiana finance authority established by IC 4-4-11:

(A) seventy (70) miles per hour for:

(i) a motor vehicle having a declared gross weight of not more than twenty-six thousand (26,000) pounds; or

(ii) a bus; or

(B) sixty-five (65) miles per hour for a motor vehicle having a declared gross weight greater than twenty-six thousand (26,000) pounds.

This is the statement of the maximum speeds. As you have noted on the highways, trucks with a weight over 26,000 pounds have a lower speed limit than do passenger cars. Now we all know about the maximum limit, but there is also a minimum speed limit on our interstate highway system. Truckers know this, it is part of their training. The minimum speed limit is controlled by another Indiana statute.

9-21-5-8 Minimum speed limits

Sec. 8. Whenever the Indiana department of transportation within the department’s jurisdiction or a local authority within the authority’s jurisdiction determines, based on an engineering and traffic investigation, that slow speeds on a part of a highway consistently impede the normal and reasonable movement of traffic, the Indiana department of transportation or local authority may determine and declare a minimum speed limit below which a person may not drive a vehicle except when necessary for safe operation or in compliance with law. A limit determined under this subsection and declared by appropriate resolution, regulation, or ordinance becomes effective when appropriate sign or signals giving notice of the limit of speed are erected along the affected part of a highway.

The minimum speed limit on Indiana highways is 50 miles per hour. In the case referenced, the injured Hoosier was traveling 55 miles per hour when a truck behind him moved into the passing lane to pass him. Just as the truck was passed him, a second truck, which was exceeding the speed limit and not paying attention hit the Hoosier in the rear and hurt him badly.

I hope this is a wakeup call to truckers to maintain proper speed, and look out while on Hoosier roads.

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Federal Government Wants Permanent Ban on Truck/Bus Texting

Fred Crow — Fri, 09 Apr 2010 16:40:06 +0000

In a previous posting, we discussed how texting and driving don’t mix, and that if the texter is a commercial trucker or bus driver, the consequences can be especially deadly. For that reason we at Young and Young applaud the permanent texting ban proposed for large truck operators and bus drivers by the U.S. Transportation Department. Interim rules prohibiting mobile texting in commercial vehicles went into effect in January, but Transportation Secretary Ray LaHood wants to make the ban permanent. The federal rulemaking initiative to do just that "keeps our commitment to making our roads safer by reducing the threat of distracted driving," he said. LaHood’s stated long-term goal is to outlaw all forms of wireless operation on the roads.

On his blog, Secretary LaHood explains that Federal Motor Carrier Safety Administration research indicates that texting motorists take their eyes off the road for an average of 4.6 seconds out of every 6 seconds , and that at 55 miles per hour, that 4.6 seconds is enough time to cover the length of an entire football field including both end zones. "Now, imagine a truck or bus hurtling that distance at that speed with a driver whose attention is not on the road ahead. I think you can see that there would be consequences," the secretary added.

The proposed rules for the commercial texting ban were published in the April 1 edition of the Federal Register as required by federal government procedures. The deadline for public input is May 3. To learn more about the specifics of the proposal and even to file formal comments, go to Regulation Room.

If you have been injured by a texting truck or bus driver, or even by someone texting behind the wheel in a passenger car, please call Young and Young in Indianapolis for a free consultation. We have 55 years of experience to help you and your family obtain full compensation for injuries caused by distracted drivers, regardless of the cause of the distraction, on Indiana roads.

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