Indiana Injury Lawyer Blog

If an accident victim was operating a motor vehicle without a valid driver’s license at the time of their motor vehicle accident, they will likely receive a ticket and can be arrested in some circumstances. However, this does not mean they are not entitled to pursue a claim for their injuries.

Under most circumstances, if an injury victim is involved in an accident and suffers injury as a result of someone else’s negligence or fault, they are likely entitled to bring a claim for those injuries, even if they did not have a valid driver’s license at the time of the accident.

On Wednesday, U.S. Transportation Secretary Ray LaHood announced a federal ban on drivers of commercial vehicles, including buses and semi-trailer trucks, from text-messaging while driving. Click here to read an article on the ban posted at www.washingtonpost.com.

This ban comes in the wake of a recent study by the Virginia Tech Transportation Institute, which found texting truckers to be 23 times more likely to be involved in a crash or near crash. Distracted driving has become a concern of Congress, and many view this ban as a first step in passing more laws and bans to eliminate or reduce cellphone use among drivers.

Continue reading "Federal Ban on Bus Drivers & Truckers Text-Messaging While Driving " »

Parr Richey partner Paul Kruse obtained a jury verdict for his client for $75,000 in a trial held this month in Marion County, Indiana. Our client was a 54 year old dump truck driver whose vehicle was overturned when he was cut off by a driver insured by Allstate Insurance. Our client suffered neck and shoulder injuries, and had permanent pain and lost range of motion after therapy and exercise failed to resolve the injuries.

Allstate Insurance only offered $10,000 before trial to settle the matter, despite healthcare expenses and lost wages in excess of $14,000. Allstate admitted fault one week before trial and elected not to have the defendant driver appear at trial.

Of note in the trial was that plaintiff's healthcare was provided by a physician assistant (PA). Physician assistants are often utilized in busy medical practices and are allowed to examine, treat and prescribe healthcare, including prescription medication, under the supervision of a medical doctor. PAs have postgraduate schooling in medicine, although they do not participate in clinical training and do not receive a doctorate degree. We used the PA to testify in court regarding our client's condition and prognosis for the future and chose not to have a medical doctor testify. After the trial, jurors said they had no concern about the credibility of the PA, and several acknowledged that they had seen PAs for their own healthcare.

Jury trials for damages for personal injuries are difficult, especially in a political climate in which insurance companies try to poison public perception about lawsuits and claims. But we are lucky to have a constituion that provides for a trial by our peers in resolving civil disputes.

Whitetail deer season is underway here in Indiana and motorists are being cautioned to stay on the lookout for deer crossing Indiana roadways. There are several factors contributing to the rise of deer/motor vehicle accidents in these fall months: opening of deer season, deer mating season and a reduction in habitat due to fall harvest.

Indiana is one of the top states in the U.S. for the number of deer/motor vehicle collisions annually. Deer collisions can cause significant property damage and serious personal injury. Indiana drivers are cautioned to stay alert and be on the lookout for deer crossing Indiana roadways.

Be sure you are sufficiently covered through your insurance policy in the event of a deer collision. Collision coverage in your insurance policy generally does not cover deer collisions. Look to see if any provision within your automobile insurance policy covers deer collisions and determine if you are adequately covered.

WLFI.com reported that a Cass County truck driver's semi-trailer was struck by a train when his it stalled while crossing the railroads tracks. Fortunately, several nearby onlookers came to the man's rescue after he was ejected from the truck and found buried under debris from the collision. Watch the video to hear from those coming to the man's aid.

White-out conditions along Interstate 69 caused a 28 car pileup today killing at least 2 people and injuring at least 11 more. More than 30 miles of I-69 was closed following the wreck near Fishers, Indiana, until it was opened up around 4 p.m. today. The pileup occurred during the early morning commute and was described by some responders as the worst accident scene they had ever seen. For more information, follow the link below to theindychannel.com.

http://www.theindychannel.com/weather/18627461/detail.html

The Anderson Herald Bulletin reported that a Muncie man was killed while driving on Interstate 69 in Madison County, Indiana Friday morning January 30, 2009. According to the report, a semi truck hauling car batteries was travelling on I-69 from from Mattoon Illinois when it lost control and crossed into the median. The trailer then became detached from the truck and proceeded into the oncoming lane, striking and killing the oncoming motorist from Muncie. For more information on the accident, visit the Herald Bulliten online at http://www.theheraldbulletin.com/local/local_story_030174240.html

When Indiana car accident victims file claims for their injuries, most people assume that the lawsuit will be filed against the negligent driver's insurance company. This is not the case. Under Indiana law, when an injury victim files a lawsuit against a negligent driver, the suit will be filed against the negligent driver, not his insurance company.

Continue reading "Are Indiana car accident cases filed agianst the insurance company?" »

Indiana car and motorcycle accident victims often want to know where their case will be filed if a settlement is not reached with the other driver's insurance company. Most motor vehicle accident cases are filed in state courts. The few cases filed in federal courts either involve a federal law which has been allegedly violated or the parties are from different states and the case value exceeds $75,000.

When cases are filed in state court, as the majority are, each state has different rules regarding what county the case can be filed in. In Indiana, the Indiana Trial Rules, adopted by the Indiana Supreme Court, sets forth what counties are the appropriate venue, or location, for cases to be filed. While the rules have several subparts and exceptions always exist, Indiana accident victims must generally file their cases in either the county where the accident occurred or the county where the defendant lives. The decision of which county to choose, if they are different, is left to the injury victim and his attorney filing the case.

The Lebanon Indiana Auxiliary Fire Department and other surrounding area departments, are having a fundraising breakfast on Saturday January 17 to help raise proceeds for Jamestown Indiana firefighter Fred Long. Firefighter Long is currently in adult critical care at Methodist Hospital in Indianapolis Indiana recovering from injures he received after being struck by a semi-tractor trailer while assisting on an accident scene on Interstate 74 in Boone County. Because Mr. Long has numerous injuries and will require ongoing medical care, the fundraiser is being help to provide assistance to Mr. Long and his family. The breakfast event is being held at Trinity Lutheran Church in Lebanon Indiana from 7-10 a.m. and the cost of the breakfast is $6.00 per person. Trinity Lutheran will also match any profits up to $1000.00. Donations can also be made at the State Bank of Lizton

A firefighter from Jamestown Indiana was seriously injured while responding to an accident scene on Interstate 74 in Boone County Indiana. The accident occurred on December 26, 2008 when a semi truck ran over the emergency response firefighter while he was at the scene of two accidents on I-74. The firefighter was reportedly pinned under the truck for approximately 30 minutes before being rescued and taken to Methodist Hospital in Indianapolis.

By now, many people across Indiana have sadly learned of the heartbreaking school bus accident that occurred last Friday on U.S. 24 west of Logansport, that claimed the lives of four young special-needs students. At the time of the accident, the Twin Lakes School Corporation bus was in route from Logansport to Monticello after the school day had ended.

Wndu.com reported that the accident was caused after an eastbound dump truck on U.S. 24 quickly swerved into the westbound lane to avoid colliding with a moped making a left-hand turn into a driveway. As the dump truck swerved into the westbound lane, it collided with the school bus, sending it over on its side and into the eastbound lane. The school bus was then struck in its hood by a second dump truck following in the eastbound lane.

Mopeds and moter scooters have become increasingly popular in the last year due to our country's current fuel crisis and the rising gas prices that have resulted. Many mopeds and motor scooters gain over 100 miles per gallon of fuel, which makes them an attractive alternative to driving SUVs and four-door sedans. However, being that they are physically smaller means of transportation, mopeds and motor scooters provide additional safety concerns on our roadways. In most cases, mopeds and scooters are smaller than motorcycles and do not have the loud exhaust that alerts automobile and truck drivers to the presence of a motorcycle. As mopeds and motor scooters become a more and more familar sight on our roadways, it is necessary that all drivers take extra precautions in sharing the roadway and preventing accidents.

Each year, thousands of people across the United States will suffer injury or death from their involvement in a semi-trailer trucking accident. One of the main causes of these accidents continues to be driver fatigue. Financial and other incentives prompt semi-trailer truck drivers to take on longer hauls for more hours at a time.

The Federal Motor Carrier Safety Administration ("FMCSA") has in place driver-related regulations that limit the maximum driving time for drivers of property-carrying vehicles (including, but not limited to semi-trailer drivers). The FMCSA has also promulgated regulations that require drivers of commercial motor vehicles, such as semi-trailers, to record their hours spent driving in order to ensure compliance with the maximum driving time limits.

Nevertheless, fatigue continues to be a major problem in causing semi-trailer trucking accidents. In an effort to reduce these accidents, the National Transportation Safety Board ("NTSB") has recently encouraged government officials to pass laws mandating alarm systems to be used in alerting truck drivers of their fatigue. A recent article posted on www.nationalsafetycommission.com details several options the NTSB offers to curb fatigue related trucking accidents.

These include: 1.) supporting development research and implementation of dashboard-mounted cameras that track a driver's eye and eyelid movements, alerting them when it senses fatigue; 2.) technology that warns of collisions and automatically engages the trucks braking system; 3.) technology that senses when a truck is veering from its lane and deploys a light or alarm signal to the driver; 4.) stricter oversight by the FMCSA in making commerical trucking companies comply with regulations; and 5.) further implementation of rumble strips on the edge of highways and interstates that have proven very effective in preventing trucking accidents.

Wave3.com has reported that police are seeking the driver of a S-10 truck that was involved in a hit-and-run accident early morning on August 2. Indiana State Police reported that the truck, identified by state police to look nearly identical to the truck shown in the picture below, collided with a motorcycle, leaving the operator fatally injured. The truck subsequently left the scene of the accident after the collision occurred.

Police ask that you call the Indiana State Police or Crime Stoppers with any information relating to this accident.

Picture Courtesy of Wave3.com and Indiana State Police

The Post-tribune.com has reported that Monday afternoon two trucking accidents occurred on Interstate 65 near the Roselawn, Indiana interstate exit. Both accidents combined to injure 4 people total, which included leaving a 38-year-old mother and her 4-year-old son critically injured, and also caused traffic to be backed up on Interstate 65 for hours.

Initially, a semitrailer rear-ended the motor vehicle carrying a mother and her son, who were slow moving due to construction work on the interstate. The semitrailer pushed the family's car into a guard rail, ultimately pinning it between the rail and the semi, while hitting two other motor vehicles in the process.

Indiana State Police blocked off the roadway as rescue and emergency teams dealt with the first accident scene. As traffic built up, a second semitrailer jacknifed at a location further south of the initial Interstate 65 accident scene, which resulted in a second closure. Indiana State Police closed Interstate 65 for more than 4 hours dealing with the two accidents.

The ChicagoTribune.com has reported that three people were killed in a train/automobile collision early Monday evening in Gary, Indiana. The car was hit when the driver attempted to drive the car around crossing gates at the intersection, but was unable to do so in time to miss the oncoming CSX freight train. Upon impact, two of the individuals were ejected from the car. None of the indiviudals in the car were wearing safety belts at the time of the collision.

Click here to read about the accident on ChicagoTribune.com.