Indianapolis Personal Injury Blog

Woman And Child Killed In Daviess County Car Accident

Driving in the rain: when is it most dangerous?

Why are fatal car accident cases declining in the U.S.?

IN Woman Dies In Steuben County ATV Accident

Why Indiana car accident news should similarly affect you and accident lawyers

12 car accident statistics and strange facts that you didn't know

Linton, IN, Parents Sue Railroad Company Following Fatal Car And Train Wreck

Traumatic Brain Injury (TBI) Statistics and Prevention

Which states are home to the worst drivers in America?

Who are America's worst drivers? Men? Women? We have the results...

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