Snow Causes A Rash Of Accidents Across Indiana

IIHS Announces Safest Vehicles of 2010

Indiana University Injured In Second Pedestrian Accident In Bloomington

Lafayette Injury Lawyers Can Recover 3 Things

Lafayette, Indiana is best known for being home to Purdue University, however, it also has the distinction of being home to Hwy 52 and I-65, heavily traveled roadways that connect Lafayette to Joliet and Indianapolis to Chicago. Unfortunately, Lafayette injury attorneys have much experience in working serious accidents that occur on both roads.

Many will people often ask us what they are entitled to if they pursue an accident claim that involved injury.  If you have been injured in a Lafayette accident, you are entitled to the following:

      1.      Payment of your hospital/medical bills

2.      Reimbursement of any lost wages

3.      Payment for Pain and Suffering

However, the insurance company will not make the experience of trying to recover pleasant or fair.  And it’s this reason that many people call an accident lawyer.  If you do decide to call a lawyer, make sure they only handle personal injury.  With over 70 years of experience handling personal injury claims, it’s the only type of law Keller & Keller practices, and we only work on behalf of our clients. 

Lafayette injury lawyers should also have a working knowledge of the Tippecanoe County Court system.  Our lawyers have handled several Lafayette accident claims and are familiar with the courts and appropriate filings that will ensure your case is handled expeditiously and effectively.

Even if you don’t wish to retain an attorney for your Lafayette accident claim, at least consult with an injury lawyer before taking actions that may damage your potential recovery. (Attorneys from our South Bend or Indianapolis office will be happy to meet with you if you desire.)

Supreme Court In Michigan Examines Injured Motorists Right To Sue For Pain And Suffering

Mr. McCormick suffered from a serious ankle fracture that required him to undergo two painful surgeries.  After one year his doctor allowed him to go back to work.  Despite his employer placing him into a different job, he was denied compensation because the legal standard established in 2004 by the conservative Supreme Court in Kreiner restricts auto accident victims rights.

The conservative Court in Kreiner added its own language to No-Fault Law by establishing its own threshold that a victim has no right to compensation unless “the course or trajectory of the plaintiff's normal life has been affected.

Insurance companies routinely use this ruling to deny accident victims right to compensation by holding that a victim cannot prove their entire life has been adversely affected by taking the words “course” or “trajectory” to mean for remainder of their life.

Was this really what the legislature intended?  Even conservative minded court advocates who rail against “judge made law” should be able to agree that if the legislature intended the threshold to mean that a person must suffer for the remainder of their life, they could have stated so.

Did you see your auto insurance premium go down in 2004? The McCormick case will be heard by the Court between October, 2009, and May, 2010.

Cayuga, Indiana, Woman Dies In Fall Out Of Truck Bed

Text Messaging Is A Leading Dangerous Driving Distraction

You know that drinking and driving is dangerous.  Nothing about that fact has changed, but a new study conducted by the Virginia Tech Transportation Institute has identified a driving distraction that is equally dangerous: texting and driving.

How dangerous is it? One of the study's lead researchers stated that "texting is in its own universe of risk."  A quick view of google's results for: 'text messaging accident' leads to an endless list of alarming stories that reinforce the researchers' claim.

To ensure that the study returned precise results, researchers installed cameras inside the cabs of trucks to monitor the texting habits of drivers.  The study spanned 18 months and the results were exactly what was expected: disastrous.  Researchers found that when a driver texted, the risk of being involved in a crash was 23 times greater than if they didn’t text.

Another frightening fact revealed in the study involved the amount of time drivers looked away from the road to send or receive a text.  It was discovered that immediately preceding a collision, a driver would spend nearly five seconds looking at their phone.  And though it may not sound like a long time, it's more than enough time for your vehicle to cover the distance of a football field while driving highway speeds!

Unless people refrain from texting while driving, or all states strictly enforce laws against texting while driving, the problem is sure to turn into a deadly epidemic.  In December of 2008, phone users in the U.S. sent 110 billion text messages.  This is ten times the number of texts that were sent three years prior.

July 1: No Cell Phone Laws Go Into Effect For Indiana Teens

How to Avoid Car Trunk Entrapment Dangers

Problem:
Children love to explore and hide.  Their innocent play can be deadly if the child gains access to the trunk of a car.   

Prevention Tips for Avoiding Trunk Entrapment Accidents:
• Make sure that children know not to play in and around vehicles, especially the trunk of car 
• Always keep a watchful eye on your children when playing near vehicles 
• If your child goes missing, always remember to immediately check the trunk of your vehicle(s)
• When the vehicle is not in use, lock the doors and trunk, and ensure that the keys are out of reach of your children  
• If your vehicle has rear fold-down seats, keep them up and/or locked at all times

Update Your Car’s trunk:
•Auto manufacturers were required to build all vehicles after September 1, 2001, with a glow in the dark trunk release.
•Make sure that you children know this is available if they were to get accidentally locked in the vehicle.  
•If your vehicle was built prior to September, 2001, an automobile dealership may be able to install a trunk release latch for you. 

What you need to know about trunk entrapment:
• Cars parked in direct sunlight can reach internal temperatures up to 131-172 degrees when outside temperatures are 80 degrees . Cars that are parked in direct sunlight and that are poorly ventilated also reach higher temperatures more rapidly than cars that are parked in the shade or that have windows completely opened. Most temperature increases inside cars occur during the first 15 minutes of being left in the sun. In at least two incidents during the summer of 1998, deaths occurred in dark cars, and the dark color probably contributed to the intense heat in the trunks.  Trunk entrapment is extremely dangerous.

Power Window Safety Tips for Children

Car and Truck "Roll-Aways" Cause Serious Injury and Death

Problem:
Whenever the key is in the vehicle’s ignition, an automatic transmission can possibly be moved out of ‘PARK’- even when the vehicle's engine is off and the brake is not depressed.

Prevention Tips to Keep your Child Safe:
• Never leave a child or children in the vehicle 
• Supervise children when they are getting in or out of a vehicle
• Make sure to keep your vehicle locked and the keys out of reach when not in use
• Never leave the keys to a vehicle in the car
• Utilize the emergency brake when your vehicle is parked
• Verify whether or not your vehicle has a Brake Transmission Safety Interlock (BTSI). Check your vehicle’s manual, or check this list to find out if you have a BTSI-equipped vehicles.  The Dodge Caravan was under investigation for not having the BTSI. 

What you need to know about vehicle rollaway:
• If the vehicle accidentally begins moving, the child may become scared and attempt to jump out while the vehicle is moving.  In doing this, the child can become injured, or possibly run over by the vehicle.
• Many newer vehicles are equipped with BTSI technology, which prevents the vehicle from accidentally being put into gear. 
• All vehicles built with an automatic transmission with a ‘PARK’ position, after September 1, 2010, are required to have BTSI technology.

"Backover Accidents" and Children

What is a Backover Accident? 
A backover accident occurs when a vehicle is backing out of a driveway or parking space and hits a child because the driver did not see the child.  Backover accidents generally involve toddlers, or small children that do not understand the risks of being behind or near a moving vehicle and then subsequently wander unnoticed into the pathway of the backing vehicle.

The Problem:  
Thousands of children are killed or seriously injured in backover accidents that could easily have been prevented.
 
Statistics:  
Each week 50 children in the United States are injured after being backed over by a vehicle.  This danger accounts for almost 50% of all non-traffic fatalities involving children younger than 15-years-old. 

Car and Truck "Backover" Prevention Tips for Parents:
• At an early age, teach your children not to play in or around vehicles
• Provide proper supervision of children when they are in and around vehicles
• Always remember to inspect the areas around and under your vehicle before backing up
• Use extreme caution if you are in an area (schools, neighborhoods, playgrounds) where small children are   commonly found 
• Teach your children to move away from a vehicle when it is started
• If children are in your immediate area, ask them to stand to the side where you can see them as you back out
• Constantly check and re-check while backing out slowly
• Use added caution if you are driving a larger vehicle such as an SUV or van (bigger vehicles = bigger blind spots) 
• Teach your children not to leave their toys, bikes, or other items in driveways
• Kids move quickly and unexpectedly; keep checking your mirrors until you are done backing
• Even if a vehicle is equipped with detection devices like backup cameras or warning sounds, do not let them take the place of active watching and listening while backing up

What else?
• Every vehicle has blind spots--be aware of what you cannot see
• Many components of a vehicle, such as the driver’s seat, or the view through the windows and mirrors, can affect what is visible to the driver 
• SUV’s and larger vehicles are more likely to be involved in backup accidents
• Backup accidents often occur when an adult is unknowingly followed by a child to the area where the adult will soon be backing up their car or truck.  ALWAYS be aware of children who may be close by when you start your vehicle!

Heat Exposure Inside Cars can Lead to Heatstroke and Heat Exhaustion

Problem:
More than 30 children die every year from heatstroke (hyperthermia) because they are left in unattended vehicles on warm days.  Leaving a child in a car may not have been intentional, but no matter how it happens, it can be very deadly, very fast.

Statistics:
Between 2000-2009 approximately 500 children lost their lives due to heat-related illness that occurred inside a vehicle. 51% of these cases happened after the child was "forgotten" by the parent or caretaker.  Another 30% died after the child was left to play in an unattended vehicle.  And 18% died after the parent left the child in the car intentionally while running an errand, etc.

(Heat-related disasters happen quickly inside vehicles--leaving your child in the car for a few minutes while running into the store can be deadly.  Even cool days, with temperatures in the 60 degree range, can cause the interior of a car to rise in temperatures above 110 degrees very quickly. The temperature inside a vehicle can rise 20 degrees or more within the first 10 minutes after the vehicle is turned off.)  

Heatstroke and Heat Exhaustion Prevention Tips:
• Never leave a child unattended inside vehicle for any amount of time
• Do not allow children to play in a vehicle that is unattended
• If you have children, make sure you check the front and back seats of your vehicle every time before locking it
• If your routine is altered and you would not normally have your child in the vehicle at a certain time, remind yourself  that a child is in the vehicle by using the following:
      Write a note and place the note where you will see it before leaving the vehicle
      Place an item in the backseat you have to have before leaving the car
•Keep the vehicle doors and trunk locked, secured and keep the keys away from the child’s reach
•If you see a child that has been left in a vehicle, call the police ASAP 

What you need to know:
• The inside of vehicles get hot very quickly. Even if a window is rolled down a few inches, with outside temps near the 80s, the inside vehicle temps can reach deadly levels within 10 minutes!
• Children overheat much easier than adults, especially infants and children under the age of 4
• Children absorb more heat than an adult on a hot day, and children also are not able to cool their body by sweating as easily as an adult
• A child's boy heat increases much faster than that of an adult’s body. In a hot car, this increase  at a rate of 3-5 times faster
•High body temperatures cause permanent injury and death 

Symptoms of Extreme Heat Exposure:
Common signs of heatstroke or heat exhaustion can include red, hot, moist or dry skin, lack of sweating, an abnormally high or low pulse, dizziness, nausea, confusion and abnormal mood. 

Anaheim Angels’ Pitcher Nick Adenhart dies in car accident hours after promising outing

April 9, 2009--A few hours after Anaheim Angels' pitcher Nick Adenhart's most impressive game of his brief career -- just seven miles from the mound where he threw six scoreless innings -- the 22-year-old right-hander was killed by an alleged drunk driver who broadsided the car he was traveling in at a Fullerton intersection.

Two of Adenhart's friends, Henry Pearson, 25, and Courtney Frances Stewart, 20 were also killed. Jon Wilhite, another friend of Adenhart's was critically injured in the accident.  Police believe the defendant driver, 22-year-old Andrew Thomas Gallo, who ran the red light, had a suspended license and a previous drunk driving conviction.

Police said Adenhart and three of his friends had just left Stewart's apartment and were headed to a nearby dance club, In Cahoots, when they passed through a green light at the intersection of Orangethorpe Avenue and Lemon Street just after midnight. Police estimate that Gallo was driving his Toyota Sienna minivan at 50 to 60 mph when he struck the Eclipse.

Pearson, whom friends described as a law student, was killed along with Adenhart and Stewart, a Cal State Fullerton student. Wilhite, a former catcher for the Cal State Fullerton team, was in critical condition at UC Irvine Medical Center.

Police said Gallo, convicted in San Bernardino County of drunk driving in 2006 and marijuana possession the following year, ran from the scene but was quickly apprehended.

Adenhart was in his fifth professional season, most of it in the minor leagues, and made his big league debut last May against Oakland, becoming the youngest active-roster pitcher in the majors. His first and only major league victory came that month against the White Sox. This season, for the first time, Adenhart made the Angels' opening day roster.

Crawfordsville Man Killed In Two-Car Crash – Cell Phone To Blame

Head-On Crash Closes I-70 In Henry County; Injures One

Natasha Richardson's tragic story is evidence that a minor head injury can turn deadly

The recent death of actress Natasha Richardson has brought needed attention to a very serious type of injury that can arise from even the smallest of car accidents: closed head injury and/or traumatic brain injury (TBI). Because these injuries often leave no external signs of injury, and are sometimes deadly, they are referred to as the Silent Epidemic.

It's very common for someone who's had a fall or been in a car accident to appear perfectly healthy immediately after impact, yet suddenly and rapidly deteriorate from the after-effects.  In fact, many people will walk away from the accident and go home without seeking any treatment.  This is often when things turn for the worse. The assumption that they are ok can cost them their life.

Often, victims of a closed head injury will have a brain bleed that slowly causes pressure to build up,   causing them to experience the classic symptoms of TBI.        

What are the symptoms?

• Headaches or neck pain that do not go away
• Difficulty remembering, concentrating, or making decisions
• Slowness in thinking, speaking, acting, or reading
• Getting lost or easily confused
• Feeling tired all of the time, having no energy or motivation
• Mood changes (feeling sad or angry for no reason)
• Changes in sleep patterns (sleeping a lot more or having a hard time sleeping)
• Light-headed, dizziness, or loss of balance
• Urge to vomit (nausea)
• Increased sensitivity to lights, sounds, or distractions
• Blurred vision or eyes that tire easily
• Loss of sense of smell or taste

Remember: just because there is no pain, or no sign of external injury, if a car accident or slip and fall
causes you to strike your head, you must get an immediate medical evaluation as well as follow-up evaluations.  As evidenced by the tragic story of Natasha Richardson, even minor blows to the head can cause serious brain injury, or death. 

What type of traumatic brain injury (TBI) leads to "Talk and Die" syndrome?

What is "Talk and Die" syndrome?
 
Talk and Die syndrome is the after-effect of a head injury that is commonly seen by neuroscience physicians and surgeons.  (Patients suffer a head injury, assume they are ok, but then decline rapidly.)  Talk and Die syndrome is one of many names describing several different types of brain injuries.  If you type "fatal brain injury" into Google, you'll be able to better understand the serious attention doctors give to the many types of existing brain injuries.

The actual injury known to cause Talk and Die syndrome is an epidural hemorrhage.  This type of head injury causes blood to become trapped between the skull and the hard layer of skin between the bone and brain known as the dura mater. As the blood flows from the ruptured artery, the fluid continues to build until it punctures the dura.

Most car accident victims who fracture their skull are often unaware of their injury. In these cases, the fracture typically occurs just above the ear, in the temporal bone. If the artery that runs above the skull gets torn and begins to bleed above the lining of the brain, pressure begins building on the brain causing the brain to swell.  As the blood flow to the brain is reduced the patient begins to feel the symptoms associated with Talk and Die syndrome.     

IMPORTANT: the initial impact does not have to be hard at all. And a delay in any noticeable symptoms or signs of injury can range from three minutes to three hours, or several days, after their car accident or slip and fall.

Getting to a hospital within the first few hours after your accident is critical.  Not doing so can result in permanent brain damage.

What are the most common brain injury symptoms that can lead to Talk and Die syndrome?

• nausea
• severe headache
  
• glossy eyes
  
• abnormal size in pupils
• sudden sleepiness
  
  
  
  

What is a crossover accident?

Last week a Muncie, Indiana man was killed on I-69 when a truck's trailer traveled across the interstate median into oncoming traffic, striking an unsuspecting driver of a sedan. The out-of-control truck was not stopped by the steel tension guardrail in the median which was installed to prevent this exact type of accident.

Although somewhat rare, crossover accidents (when a vehicle crosses the median and enters the opposing lane in the wrong direction) are usually fatal, because they almost always result in head-on collisions. In recent years, many states, including Indiana, have installed steel railings between lanes to prevent such accidents in the most common areas of occurrence. Interstate 69, for example, received several miles of installations in the past few years. However, this incident calls into question the functionality of the rails, especially when a massive vehicle such as 18-wheeler can crash into the barriers at high speeds.

As always, the best ways to stay safe from fatal crossover accidents is to stay aware, keep your eyes on the road, drive the speed limit, and wear your safety belt.

"Do I need a personal injury lawyer?" If you answer "yes" to any of these questions, you should contact an injury attorney

It's a very popular question, and one that our firm receives everyday: "I was in a car accident, do I need to get a lawyer?"

The answer we give, though seemingly ambiguous, is: MAYBE. MAYBE NOT.

Many people are filled with apprehension about attorneys.  They will consult family and friends to help them make a decision about whether to hire a lawyer.  They will probably receive both "yes" and "no" answers from those around them, yet never receive actual legal advice.  Unfortunately, it's highly likely your friends and family don't know the right answer. The truth is, without consulting with an attorney, you wouldn't be able to make this determination. 

A common assumption is that personal injury attorneys will represent anyone who has been in an accident.  That is absolutely untrue.  Every day, Keller & Keller rejects more cases than it accepts. 

If you answer yes to any of the following questions, it's possible that Keller & Keller might be able to represent you:

• Was the accident someone else's fault?
• Were you a passenger in a vehicle in which your driver was at fault?
• Were you only placed partially at fault for your accident?
• Did you suffer any injuries?
• Have you seen a doctor for your injuries?
• Have you not seeked treatment because you are without health insurance?
• Have you not seeked treatment because a doctor refuses to see you?
• Are you unsure of what to do because you didn't have auto insurance?
• Were you a pedestrian or a bicyclist that was struck by another vehicle?
• Are you investigating a potential claim on behalf of a family member or friend?
• Were you working at the time of the accident?
• Has the insurance company denied your claim?

Even if you decide not to hire an attorney, you should at least call one to discuss the legal merits of your case and ensure you don't do anything to damage the potential value of your claim.

"What happens if I miss a doctor's appointment?" Missing your appointment, or creating a gap in treatment will hurt your personal injury case!

"I'm not sure if I should go to the doctor, I feel fine."

You've been in a car accident.  You think you should be hurt, but you don't feel any pain.  Why?

Your body's immediate reaction to an auto accident is very similar to the response it might experience while riding a roller coaster.  After a roller coaster ride your bloodstream is pumped full of endorphins, and this masks the pain you would otherwise feel.  The same is true of a car accident. 

THERE IS NOTHING MORE DAMAGING TO A PERSONAL INJURY CASE THAN DELAYS OR GAPS IN TREATMENT!

An accident victim's intentions may be noble when he/she avoids treatment, but the insurance company does not reward good intentions.  In fact, a person's good intentions are often penalized and the value of your injury claim will suffer.

At our law firm we have witnessed countless instances in which accident victims did not seek the treatment they needed.  The victims thought their pain would eventually subside, that their injuries were not severe, and that the insurance company would treat them fairly. 

Unfortunately, this doesn't usually happen.

A PERSONAL INJURY CASE IS ONLY AS STRONG AS ITS PROOF OF TREATMENT AND COMPLIANCE WITH A DOCTOR'S ORDERS.

No matter how experienced the attorney, he/she will never be able to successfully represent a victim of an accident if that victim doesn't have documented medical treatment.  Insurance companies rarely compensate victims who fail to seek out medical care, or who fail to attend doctors' appointments and follow doctors' instructions.  An insurance company will view "no shows" or "delays" and "gaps" in treatment as proof that you are not seriously injured, or that you are not injured at all.  They also know that a jury will side with them on this opinion.

Also, it's important to understand that an insurance company will not compensate you for the "could have" scenarios.  In other words, if the accident "could have" been worse, or your injuries "could have" left you with permanent disability, then your case will have little merit.  There must be documented, objective injuries in order for you to obtain fair compensation, as well as to help an attorney analyze the value of your case.  

AFTER YOU'VE BEEN IN AN ACCIDENT, SEEK IMMEDIATE MEDICAL ATTENTION!

Getting to the doctor needs to be done before you have a chance to "walk it off," before waiting to see if the insurance company will "empathize," and before contacting a personal injury attorney.  Your health is primary.

Talking on a cell phone while driving is as dangerous as drunk driving

A car full of friends is safer and less distracting than the risk of driving while talking or texting on a cell phone--it's true.  In fact, the likelihood of getting into an accident while talking on your cell phone is just as high as if you were driving while legally impaired, which is .08 in most states. Again, it's true.

Surprised?

A study performed by researchers at the University of Utah confirmed the aforementioned dangers as well as the fact that using a hands-free device does not make talking on a cell phone any safer. In fact, operating a cell phone while driving will drastically slow the reaction time of a driver to a level that is comparable to that of a senior citizen.

Doesn't make sense?

Lets think about it this way: a passenger in your car serves as an extra set of eyes.  Even if they are talking, they can act as a lookout for dangerous situations that you otherwise are unlikely to notice if you were fidgeting with a cell phone.  The person on the other end of a phone call or text message isn't able to see what's waiting for you on the roadway, and they surely won't suffer from the physical injury in the resulting car crash.

Put the cell phone away while you're driving:  The call can wait.

10 winter driving tips to help keep you safe on ice and snow

Cold temperatures, snow, and freezing drizzle rolled through Indianapolis over the weekend causing several car accidents, most resulting in minor injuries.

As the winter grip takes hold on Indiana, it's important to be reminded of a few safety precautions that can decrease your likelihood of being in an accident.

1. Build in extra time for your morning commutes and all other highway/interstate travel.

2. Give yourself more distance between vehicles. Your stopping time will be dramatically affected by snow and ice.

3. Check your tires.  Make sure that they are inflated to proper levels and that the tread is not worn.

4. Be sure that your windshield wipers are in good working order.

5. Keep your gas tank full. Don't take a chance of being stuck out in the cold.

6. Increase your awareness, as wintry conditions can create disorientation among drivers.

7. SLOW DOWN!

8. Keep your headlights on to help increase your visibility to other drivers.

9. Be especially careful on bridges, overpasses, and rural roads, as these will freeze first.  Even if temperatures are above freezing, these areas still may contain icy patches.

10. Brake gently to avoid skidding.  If your wheels lock up, don't stomp on the brake. Gently ease off the brake, tap the brakes, let off, tap again, and repeat until the car begins to slow.  At the same time, turn the steering wheel in the direction which your car is sliding.

Pregnant women in car crashes require immediate medical attention

There is nothing stronger than the bond between a woman and her unborn baby.  And losing this child before, or shortly after birth, due to a car accident is perhaps the most devastating blow a mother could ever experience. 

Anytime a pregnant woman is involved in a car accident, no matter the size of the collision, or whether or not they believe that they are ok, it's imperative that they remember one critical message: SEEK IMMEDIATE MEDICAL ATTENTION.

We have heard too many tales of miscarriages, birth defects, and high-risk pregnancy that followed an auto accident for you to risk not being checked out by a medical professional.

Keller & Keller has posted an informative document in our library section that discusses some of the questions you may have regarding the correlation that exists between pregnancy and car crashes.  It also defines many helpful terms that your doctor may discuss with you.

Please take the time to read through this document, and even if you don't want to hire an attorney, call us with any questions you may have.           

How much is my personal injury claim worth? Can Keller & Keller tell me?

"How much is my case worth?" There will come a time after your accident that you will ask yourself this question.  Keller & Keller answers this question everyday for many accident victims and their families.

We have posted a very honest, informative document in the library section of our website that discusses the value of claims for auto accidents, semi-truck accidents, slip and fall incidents, as well as dog bite cases.

After you have read the material related to case value, please contact an experienced personal injury attorney for a free case evaluation.  During this initial case evaluation, the attorney will be able to determine the strengths and weaknesses of your case in terms of liability (a vital element that determines case value) as well as advise you on what steps you need to take next.