Welcome to HurstInjuryLaw.com, the personal blog of William W. Hurst, Attorney at Law in Indianapolis. This is where Bill will post his research notes, case studies, and legal news for public viewing. Feel free to browse the site and use any content you find for your own blogs so long as you properly cite our site. For information on Bill's legal practice, please visit his business website at BillHurst.com.

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WHAT HAPPENS TO YOUR BRAIN DURING A CONCUSSION? – YOUR TRAUMATIC BRAIN INJURY LAWYER

Filed Under: Personal Injury Cases by jlong — Leave a comment
April 30, 2012

A concussion is a traumatic brain injury (TBI) that may result in bad headaches, altered levels of alertness or even unconsciousness.  It interferes with the way your brain works and it can affect memory, judgment, reflexes, speech, balance, coordination and sleep manner.  A concussion can result from a slip and fall accident, sports activities or car accidents. Significant movement of the brain in any direction can cause you to lose alertness.  How long you remain unconscious may be a sign of severity of the concussions but all concussions don’t involve a loss of consciousness and indeed most people who have a concussion don’t ever “black out.”  In a motor vehicle accident head injuries that result in a concussion are often associated with injury to the neck and spine; especially in rear end auto collision.  Immediately after such a concussion you may be withdrawn, easily upset or confused.

You may have a hard time focusing or concentrating and have headaches.  Certainly young people with a concussion from sports should avoid playing sports until your doctor releases you to return to normal activity.  Some children may need several months before it’s okay to participate again as multiple concussions can lead to severe permanent problems.  Severe concussions can include bleeding in the brain or brain injury that results in permanent physical, emotional or intellectual changes.  The second impact syndrome is when a person gets a second concussions while still having symptoms from the first one. This raises the risk of brain swelling which can be deadly.  http://www.ncb.nlm.nih.gov These are often seen in sporting events and are more recognized as a risk for football players of all ages.

 

Although concussions are usually caused by a blow to the head they can also occur when the head and upper body are violently shaken.  Often a person who is in an automobile accident can have this type of concussion and not realize it.  Every concussion injures your brain to some extent and these injuries need time and rest to heal properly.  While most concussive traumatic brain injuries are mild and people usually recover fully, a certain percentage do not.  www.mayoclinic.com/health/concussion/DS00320 It is the rotational movement of the brain inside the cranium and the shearing forces affecting the upper reticular formation that create torque which leads to the typical loss of consciousness.  These forces cause the brain to move in a swirling fashion and contact the inner prominences of the skull.  Such movement makes the brain bump into the interior of the skull at the point of impact as well as the opposite side of the skull, resulting in contusions (bruises) that damage two sites of the brain.   A concussion involves a host of effects that emerge several hours or days after the trauma.  It is critical that a physician monitor these secondary tissue damages as they are frequently the origin of significant long term effects including brain damage, cognitive deficits, psychosocial/behavioral/emotional changes, and bio mechanical changes at the cellular level.

Concussions and other brain injuries are fairly common.  About every 21 seconds someone in the United States has a serious brain injury and, once again, the most common reasons people get concussions is sports injuries such as in football, boxing and hockey.  This is true even with the use of protective head gear.  The symptoms of a concussion may include:

 

  • Seeing stars;
  • Feeling dazed/dizzy;
  • Memory loss – trouble remembering things that happened right before the injury;
  • Nausea or vomiting;
  • Headaches;
  • Blurred vision and sensitivity to light;
  • Slurred speech and saying things that don’t make sense;
  • Difficulty concentrating or thinking or making decisions;
  • Difficulty with coordination or balance;
  • Feeling anxious or irritable; and
  • Feeling fatigued

 

While someone who has a simple concussion usually has these symptoms and are better in 7 to 10 days, some concussions are more complex and people experience persistent symptoms over a long period of time.  During the first few days following a concussion people should rest.  Both physical and cognitive rest are important, and certainly if you have a more complex concussion you must see a brain injury specialist.  The doctor will do a thorough examination of the nervous system and rule out some of the more serious problems which may result, such as bleeding or other issues with the brain.  Certainly if the symptoms last longer than a week the patient may require further testing of thinking, memory and reaction time and other brain functions.

A person who has a concussion and hasn’t recovered within a few months is said to have post-concussion syndrome.  That person may have the same problems described above such as poor memory, headaches, focus issues, and irritability and these can last for a longer period of time and may even become permanent.  Someone who has these kinds of problems continuing after a concussion may also be referred to a rehabilitation specialist for additional help.  www.kidshealth.org>Teens> Staying>Safe  In the more serious cases of post-concussive syndrome a brain subjected to a violent force could be torn, sheared, crushed or displaced and tissue can be destroyed.  It can bleed, swell, and occasionally it might even shut down.  This condition is known as traumatic brain injury.  This type of injury can easily impair the ability to think, do and know.  Memory, mood and attention are the top 3 complaints of brain injury patients.  Often there are personality changes, including rapid mood swings, alternating with waxing and waning energy levels.  The overall effect can be profoundly disabling.For a brain injury checklist see www.headinjury.com/check also www.ncbi.nlm.nih.gov>Home> Diseases>And>Conditions

 

If you or  a loved one has suffered a brain injury at the fault of another, you should consult an experienced personal injury lawyer.  Our office has represented hundreds of seriously injured clients ; many of whom required long term care. You can see our website at www.billhurst.com or call for a free consultation at 1-800-636-0808.  We only charge a fee if we recover for your family.

www.indianapolisabogado.com

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• LAWSUITS INVOLVING CHILDREN INJURED WHILE AT AN INDIANA DAYCARE – YOUR INDIANA DAYCARE ACCIDENT LAWYER

Filed Under: Uncategorized by jlong — Leave a comment
April 12, 2012

In August of 2008 in Greensburg, Indiana, a parent of a toddler dropped off their 2 year old daughter and two hours later a large console television fell on her daughter crushing her eye sockets, pallet, nose and cheekbone.  It will be many years before she’ll recover because of her age and how things grow.  Unfortunately this kind of an event is not uncommon.   http://www.wthr.com/story/9412088/parents-push-for-day-care-licensing-after-toddlers-accident

 

Indy Channel 6, RTV6, ABC, RTV6 recently did an investigation reviewing a year’s worth of complaints validated by the State’s Family and Social Service Administration Bureau of Childcare and found daycare centers cited for various violations such as having too many children per staffer, staffers using alcohol and cigarettes around children, inappropriate discipline (such as biting and spanking), and even child abuse and neglect.  The Bureau of Childcare gets approximately 1,200 complaints a year and they follow up on all of them.  They have indicated that about 20% of the complaints are validated by State inspectors.  This information may be found online at www.theindychannel.com\news\ 27866630\detail.html and can be seen at the Family and Social Services Administration website. For Indiana daycare inspection reports see www.ehow.com/how_832560_daycare_inspection_report_Indiana.html

 

Indiana law has designated the Indiana Family & Social Services Administration, a division of Family Resources, to regulate childcare in the State of Indiana.  Indiana has a number of rules and regulations which are be applicable to daycare centers created by the Indiana State Department of Health and the State Fire Marshall.  These rules/regulations may be found at http://www.in.gov/legislative/ic/code/title12/ar17.2/ch4.html. In Indiana, the Bureau of Child Care conducts annual investigations regarding child abuse and negligence of employees and volunteers at daycare centers who have contact on a regular basis with children.  The Bureau of Child Care often involves Child Protective Services for checking sexual abuse claims in licensed daycare centers and licensed child care homes.  The Bureau of Child Care does not issue licenses or enter into any kind of informal agreement with a licensed home childcare provider when an incident of sexual abuse against a child has occurred.  The rights and licenses of a business where this occurs will be refused or revoked in case of such a finding.  www.daycare.com/Indiana and www.in.gov/fssa/2552.htm and www.daycare-centersite.com/IN.html

 

The National Center for Education and Statistics indicate that 6 out of 10, that is nearly 13,000,000, infants, toddlers and preschool children are enrolled in childcare.  It is known that many children are treated in hospital emergency rooms for injuries that occurred at childcare.  For example, in 1997 about 31,000 children four years old or younger were treated in U.S. hospital emergency rooms for injuries that occurred in childcare settings.  www.safetypolicy.org\ pm\daycare.htm.  The most common injuries are cuts or lacerations (31%), bumps or bruises (15%), fractures (10%) and dental injuries (8%).  Most injuries, 51%, occur on the playground.  Many injuries (18%) and more than half of the fractures and concussions (53%) were due to falls from climbing equipment.  www.pediatrics.8appublications.org\content\93\34\364.

 

Sometimes children are too young to inform parents about the abuses or injuries they’ve suffered in a daycare.  It is therefore very important to obtain immediate medical attention if you suspect your child has been injured or harmed in any way in order to determine the extent of the injuries.  While daycare centers should put the safety and care of children as their first priority, too often a child is left in the care of an underpaid or poorly trained daycare worker.  Daycare workers need training and supervision which they often do not have.  In addition, playground equipment and toys are often not maintained placing children in danger.

 

Tips for parents who want to check on the child care facility include:

1.) “Googling” the name of the facility to look for complaints and inspection reports.

2.) Call the FSSA Bureau of Child Care and ask questions to understand the State’s inspection findings.

3.) You should drop into the child’s daycare unexpectedly during the day from time to time and simply observe what’s going on!

4.) Always ask your daycare provider if they are on “probation” or if there are any issues regarding their license.

5.) Ask questions and understand the daycare’s discipline policy as corporal punishment is not illegal in the State of Indiana.

6.) Ask about the current child to staff ratio is important and accidents are more likely to happen when staffers are watching too many children www.ChildCareIndiana.org.

7.)  To see various daycare centers rating visit www.in.gov/activecalendar/EventList.aspx?…id

If you need more information about childcare facilities and inspection reports in the State of Indiana, contact a local resource and referral representative at 800-299-1627.

 

If your child gets hurt you should know that many daycare centers have insurance to provide medical benefits automatically without a claim for liability being made; and certainly before filing a lawsuit for your injured child, you will present a claim to the insurance carrier of the daycare facility.  When you do this you may want to have an attorney who specializes in personal injury law review your proposal to ensure you do not accidentally waive any of your child’s rights.  Certainly any claim that you make should protect your child, should include medical bills and compensation for any disability, pain and suffering.  Since a child is a minor it will be necessary to do a probate proceeding to appoint a guardian to sue (make claim) on behalf of the child.  Generally, the statute of limitations for a child is extended in most States.  However, the claim a parent may make is subject to the Statue of Limitations which in Indiana is 2 years from the date of the incident.

Our attorneys are constantly “shocked” by the negligence exhibited by some daycare workers who are entrusted with the safety of our children. Our law firm is dedicated to aggressively investigating and pursuing claims for injuries to children caused by careless daycare operators.  If your child has been injured due to the negligence of a daycare or its employees, contact the injury lawyers at the office of William W. Hurst today.  For a free consultation call 1-800-636-0808.

 

 

www.indianapolisabogado.com

 

 

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• WHAT TO DO AFTER A CAR ACCIDENT IN INDIANA

Filed Under: Personal Injury Cases by jlong — Leave a comment
April 6, 2012

Moments after an automobile accident can be emotional and sometimes very confusing.  However, despite thus, during this period of time it is very important that certain things be done  by someone who is not to seriously injured in the accident to do them. Http://www.insure.com>car insurance> car insurance claims

The safety and health of everybody involved in and auto accident is the most important concern in any crash circumstance; and certainly if anybody injured their medical needs need to be dealt with quickly and completely.  Once you get past the stage of checking and caring for the injured, there are practical steps that you need to take.  You must not let your emotions make you do or say things that may effect your personal injury claim.  You can use the following steps as a guide. Generally, what you need to do are divided into categories, (1) what you do at the scene of the accident and (2) what you do immediately after the accident. http://www.dmv.org/insurance/first-steps-following-a-personal-injury-auto-accident.php

Here are some easy steps:

  1. Call for Help. After an accident whether minor or not you should call the police or 911.  The police will be able to control the accident site and make an official report which will save you from getting into an argument later about what occurred and who caused the accident.

2. You should never leave the the scene unless told otherwise by the police.  However in some circumstances if it is a minor collision it is certainly advisable to move your vehicle to a safe position.  In any case always put on your hazard lights and get  yourself in a safe area.

3.  You will need to write down all your contact information with whom ever else was involved in the accident and if possible obtain the names of the witnesses.

 

4. Take pictures on your cell phone if you have the capability.  Pictures are often very important later if you end up making a claim.  As you know pictures are better than a thousand words! This will often determine who is at fault in an accident.

 

 

5.  Make sure you get treated for your injuries.  Of course if anyone else is hurt you must, if physical able, assist in getting treatment for those people also.  This is the most important thing you can do and the very first thing that should be done. Unfortunately injuries at the scene can get worse in time.  Particularly if you have a head injury.  When in doubt you need to seek medical attention even if it seems like a minor crash.

6.  Don’t talk about the accident once you have gathered the information. Don’t say anything about the accident, admit fault, or blame.  Always be polite and never use vulgar language.

 

 

7. If your vehicle is being “towed”  you should remove all valuables and personal items in your vehicle .  You should find out exactly where it will be taken so you can pick it up later.

 

8. After the accident you should call your car insurance company to report that you have been in an accident.  Answer all necessary questions but do not volunteer a lot of information. In particular if they are recording your statement please be concise and directly respond to the question without volunteering any extra information.

9.  Immediately after the accident you should visit your doctor and when you are examined you must tell the doctor about your accident and the specific details of what happened.  When you get home remember to make notes, diagrams and put them in a place where you can find them later.

 

 

10.  While you do not discuss fault with driver or passengers at the scene you should also not discuss fault with anyone other than (later),  your attorney, or to some extent your insurance company.  You are required to cooperate with your own insurance company or you can void/ lose your coverage.  It is important that you get legal advice prior to making any claim against any insurance company including your own.

 

11. You should get a vehicle repair estimate at a reputable body shop or dealer.  You should also know what your insurance covers for expenses related to an auto collision. In the event you do not know this it should be reviewed immediately.  Once again if you have an experienced personal injury lawyer he can help advise you regarding to your coverages and your rights!

 

 

12. Never accept a final insurance settlement without knowing what your future medical conditions are or what the medical subrogation liens may be on the sums advanced to you. (e.g. – medical payments, health insurance payments and reimbursements.)

 

13. Never ever give a statement to the claims adjuster for the other parties. These statements will reappear months or sometimes years later and impact your ability to testify.

 

14. Keep in mind it is always important to have your drivers license, insurance card, and registration in your car at all times. www.teenhelp.com/teen-issues/car-accidents.html

 

What to do after an automobile accident that is not your fault

You likely will be contacted by the insurance carrier of the party who was at fault in the accident.You will be filing claims with that persons insurance company. Even if the other driver is solely at fault, you do have the obligation to file a claim with your own insurance company and make claims under the appropriate coverages.  The claim you have with your own company is known as a first party claim.  This means that you have a contract with your own insurance company, and the company agreed to fulfill certain conditions set forth in your policy once you make a claim for expenses arising as a result of a collision.  The claim you are making against the wrong doer is known as a “third party” claim, in this case you have a direct contract with the wrongdoer’s insurance company. The parties  obligation to you is through his/her policy, this insurance company has no contractual duty to you and may or may not honor and pay your claims.

Once you have made a claim with the other drivers’ insurance carrier, it will investigate the claim; and if it deems their insured is at fault will offer you a settlement if they determine their insured is responsible.  Generally an insurance company will not settle your claim unless you sign a “Release For Damages.”  A “release” means you agree to a certain amount of money and that is all you will ever receive from the other driver and or his/hers insurance company.  You will, therefore, be barred from making any further claims.

Often you may agree to the amount of the property damage, but not be ready to settle your injury claim due to ongoing treatment.  An insurance company likely will not refuse to pay your property damage simply because your bodily injury claim is outstanding; and if the release they present you is written properly it will not prevent you from making a personal injury claim later. www.Insurance.Illinois.gov/AutoInsurance/auto_other_co_claim.asp

In some instances, the other driver may not have any insurance at all.  In the State of Indiana fault is not determined based upon who has or has no insurance.  This usually is a fairly common occurrence.  In such a case, in the event you have “full coverage” on your automobile, you will  have coverage known as “no fault” insurance. Offers of  money to compensate for your  loses from an uninsured person who caused an auto accident generally,  will simply be difficult and likely minimal, as the burden could not afford insurance he likely, will not have the funds to pay you.   Also if you have a significant claim, the person who caused the accident can file bankruptcy to prevent you from making any recovery.  Your policy (probably) has uninsured motorist coverage. This coverage will be unable to compensate you up to the limits of you purchased. In this event, you must contact you insurance company immediately and let them know that you will be making a claim.  Often proof is required that the other party does not have liability coverage.  Contacting an experienced attorney following a personal injury accident is important to ensure all of the conditions pf your insurance contest involving an uninsured party may be complied with. http://web.finweb.com/insurance/car-accident-with-no-insurance-what-are-your-options.html

In an uninsured motorist claim,  your insurance company “stands in the shoes” of the other driver’s insurance company and compensates you just as if he had these coverage and limits.  Indiana Law requires that every policy sold must include uninsured and under-insurance protection unless waived in writing. http://www.in.gov/idoi/2579.htm

Seeking the advice of an experienced attorney is very important whether you are the uninsured driver facing or losing your drivers license; or if you are the injured driver of the car involved in an accident with an uninsured motorist or an insured motorist.  Only an experienced personal injury lawyer can provide you with sound legal advice.  If you or any member of your family has been involved in a vehicular accident where you are injured whether the other party is insured or uninsured, you may contact William W. Hurst, an experienced personal injury lawyer who has limited his practice to personal injury  at 1-800-636-0808 for a free consultation.

Our office will represent you without fee until you recover money or I’ve won your case.  For a description of our legal services see www.billhurst.com

www.indianapolisabogado.com

 

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• SCHOOL BUS CRASHES END IN INJURY AND DEATH – YOUR INDIANA BUS ACCIDENT LAWYER

Filed Under: Personal Injury Cases by jlong — Leave a comment
April 4, 2012

In Indianapolis on March 12, 2012 a bus driver and a 5 year old girl were killed and at least 10  more students injured in a school bus crash in Indianapolis.  There were 50 students on board a bus carrying Lighthouse Charter School students that crashed into a bridge abutment on the way to school.  Two young boys are still in critical condition.  http://www.theindychannel/news/30658347/ detail.html In Chesterton, NJ, on March 13, 2012, drivers involved in a fatal school bus crash received citations.  This crash happened on the morning of February 16th at the intersection.  A school bus was struck by a dump truck.  The crash killed an 11 year old and injured 17 others.  http://www.abclocal.gov.com/wppn=news/local&id=8579506 Every school day over 22,000,000 ride in the yellow buses back and forth to school, as well as to various activities associated with their education.  Despite these statistics data regarding accidents and injuries related to students’ transportation are poorly maintained, inaccurate and are often misleading.

The National Highway Traffic Safety Administration (see NHTSA 2002 report to Congress) states that on average during the past 11 years school buses have been involved in over 26,000 crashes resulting in less than 1,000 incapacitating injuries and slightly more than 7,000 non-incapacitating injuries.  However, close examination makes it appear that there is something wrong with these statistics as the 1992 injuries and deaths included more than half of the incapacitating injuries.  These statistics have been subject to criticism.   These statistics show that 42% of the overall fatalities are from a side impact or non-collision such as a rollover accident. It is for this 42% of fatal accidents that seat belts have the greatest potential for saving a life.  Since 1977 NHTSA has relied on “high-backed” padded seats to provide passenger restraint during school bus crashes.  However, a 1999 special investigation regarding bus crash worthiness concluded that the current method of restraining school bus passengers is incomplete and it does not protect passengers during lateral impacts with a vehicle of large mass and in rollovers because in such accidents the passengers do not always remain completely within the seating compartment.  www.ncsbs.org/testimonials/fatalities_and_injuries.htm.

So as it has been known for many years that seat belts would be of value in preventing death and incapacitating injuries, the question arises, “why haven’t seat belt laws been instituted regarding school bus transportation?”  The answer lies in the statistics that tell us that school buses have a rate of .02 deaths per 100,000,000 miles traveled; a rate of deaths in automobiles in eight times higher.  So over a span of 11 years from 1994 to 2004 a total of 71 passengers on school buses died in crashes, and in 2004 alone traffic accidents killed 31,693 people in cars and light trucks.  So, school bus travel is much safer without seat belts than traveling in an automobile.

We know that by law “kids” on bikes have to ride helmets and “kids” in cars must be secured, so it’s often a surprise to learn that Federal Law does not require seat belts on most school buses.  In a few States buses are equipped with seat belts.  The states of New York, New Jersey and Florida have their own laws requiring lap belts on all school buses but not belts that go over the shoulder and lap or a 3-point safety restraint.  All small buses in the U.S. are required to have lap belts.  Essentially these bus types are usually built on van frames; however, the conventional big yellow school bus is designed to meet a different federal safety standard.  Unfortunately the NHTSA contends that compartmentalization alone (above described) is adequate crash protection and that to mandate seat belts in addition would be messing with success.  Seat belts will limit the number of kids who can squeeze into a bus seat and that might mean some schools would have to buy more buses or else tell kids to find another way to school.  Opposing this advice the American Academy of Pediatrics wants to see a 3-point safety belt in every school bus and this is a position that’s held by the Academy since 1996.  The Academy cites too little information is known about injuries in school bus accidents to truly conclude that buses are safe enough without seat belts.  Certainly under no circumstances if a bus rolls over does compartmentalization protect the passengers.  Often cited is an October, 2005 accident which happened in Plainfield, NH.  A bus taking kids home from school ran off the road and flipped over on its side.  None of the 28 children on board were injured and all but one were wearing seat belts.  www.webmed.com/parenting/features/child-safety-school-bus-still-best- The National Highway Transporation Safety Act on July 11, 2007 held a public meeting to discuss the effectiveness of seatbelts on school buses.  An NHTSA administrator at that time made a public commitment to investigate options for improving the safety of bus transportation. On November 21, 2007 as a result of this meeting the NHTSA released a notice of a  proposed rule making the FMVSS 222 regulation for bus seat design and performance to incorporate a performance specification for lap/shoulder belts.

According to the information reviewed by the NHTS in making this decision included data that in their 2002 report every day there are over 144 school bus accidents with approximately 26,000 a year and more than 9,500 children are injured in school bus accidents every year.  The American Academy of Pediatrics estimates that 51,100 school bus related injuries are treated in emergency departments between the years of 2001 to 2003 which averages about 17,000 children injured in school bus accidents every year.  According to the 2005 data reviewed by NHTSA in their rule making an average of 21 school age children die in school transportation related traffic deaths every year.  This number applies only to daily school routes and does not account for extracurricular activities that often take place outside the normal school hours.  The NHTSA research on lap/shoulder belts indicates that lap/shoulder belts in every vehicle in which they  have ever been introduced reduce injuries and fatalities by 45%. Increasingly school buses are traveling longer distances and children use school transportation to travel to sporting events and other activities outside their communities.  www.safeguard4kids.com/statistics.htm.  Most manufacturers estimate that seat belts would add about $2,000 to the cost of a new bus.  Retrofitting an existing bus would cost more, perhaps around $3,400.  Some parents believe it’s not the school bus but the driver that they should worry about.  There’s no federal law requiring background checks for drivers but a number of states and individual school districts do have that requirement.  Some states also require drivers to undergo extensive training on various aspects of their job, have frequent driving record checks and pass periodic drug testing and medical exams.  www.safetyissues.com/cite/school/school_bus_accidents_threaten_kis_safety.html

In Indiana in particular the accident that happened recently leaving a student and a bus driver dead has raised concerns in Indiana about school bus safety.  Another bus in Quincy, Washington that had to do with a rollover caused critical injuries.  In both of these accidents neither bus was equipped with a passenger seat belt, which the National Highway Safety Traffic Administration does not require in the larger school buses.  An NHSTA spokesman indeed claims that buses are “even safer than their parents’ cars” and therefore will not make any effort to currently enact any laws requiring seat belts on a federal level.  It’s true that the government did strengthen its compartmentalization rule in 2009 to require higher seat backs in school buses for better protection.  However, as to whether large buses are equipped with seat belts that decision has been left up to the states and individual school districts.  www.abcnews.go.com/blogs/headlines/2012/03/ school-bus-crashes-raise-the-issue-of-seat-belts-and-bus-safety/ In Indianapolis, Indiana, a local company manufacturers seats for school buses and have conducted research on bus safety.  This research concludes that restraints do work and all the seats that they’re currently building (IMMI) now come with seat belts and shoulder restraints.  The company notes that children are now used to climbing into the vehicle and putting on lap and shoulder belts, and sometimes they wonder where they are!  There are now six states that mandate seat belts on school buses but there is no effort anywhere to retrofit old school buses.  The cost apparently is the major factor.

The Governor apparently believes that it’s time for a new law requiring seat belts and now State lawmakers have taken up the discussion.  The need for school corporations to have the school bus safety reviewed by bus experts is needed immediately and should not wait.  www.wishtv.com/dpp/news/indiana/ will-school- bus-seat-belts-become-law  It’s clear that advocates of school bus seat belt laws are gaining steam in Indiana.  State legislatures who support such a requirement are becoming persistent in their efforts.  Unfortunately, the State Education Department’s Director of School Transportation a day after the deadly school bus crash in Indianapolis stated that while they would love to require safety belts in every school bus the system simply can’t afford it.  In defense of the current safety standards the Director stated that this past Monday’s accident was the first fatality of a school age child riding or getting on or off a school bus since 2009.  He indicated that it would cost approximately $160,000,000 to equip all of Indiana’s 16,000 school buses with effective restraints.  At this time the State nor individual districts could shoulder that cost.  Our current state laws require the Indiana State Police to inspect all school buses at least once a year.  Current legislators have stated that they can’t remember any legislative push prior to now to require the restraints on the buses in recent years.  However, now in view of this accident it may come up, particularly if the media coverage continues or another accident occurs.  He points out that only six states currently mandate that larger school buses are to be equipped with seat belts.  The director of the State’s Education Department does note that some districts are installing safety belts and covering the cost themselves.  But he fears that if this was a requirement of all public schools many would just stop providing the bus service all together rather than shoulder the cost.  www.ibj.com/indiana-can-t-afford-to-add-seat-belts-to-buses/PARAMS/article/33202

 

The Law office of William “Bill” Hurst has been in business since 1981 in the State of Indiana, representing Hoosiers across the State for personal injuries sustained in various kinds of accidents or events.  If you would like to contact our office to discuss a bus accident injuring you or your child you may contact this office for a free consultation at 800-636-0808.  You can also browse our personal injury website for more information at www.billhurst.com There is no fee unless there is a recovery and you receive money.

 

www.indianapolisabogado.com

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• SCHOOL BUS CRASH IGNITES SEAT BELT DEBATE – YOUR SCHOOL BUS LAWYER

Filed Under: Personal Injury Cases, Uncategorized by jlong — Leave a comment
March 16, 2012

A bus driver and a student were killed on March 12, 2012 in Indianapolis, Indiana and 10 other children were injured.  A school bus driver and a 5 year old student died this week in in a bus accident on the southeast side of Indianapolis.  Two other students were critically injured and several children were hurt.  The accident happened about 7:40 in the morning in the 900 block of S. Emerson near English Ave., two miles away from the Lighthouse Charter School where the bus was going.  The bus struck a railroad bridge abutment peeling back one side of the bus.

Speculation among the students and parent at the recent vigil on the cause of accident range from the bus driver being distracted by something to a sudden health problem such as Cardiac Arrest.  While the accident is currently under investigation, the cause is no known.

Indianapolis students that were injured in the bus collision were taken to Wishard Memorial Hospital and Riley Hospital for Children and all the children were released to their parents except for two critically injured who are still being treated at the hospital.  There were 50 children on the bus ranging in age from 5 to 16, and many of these students were trapped inside the bus after the accident for some period of time when in required extrication by the emergency rescue personnel.

Miller Transportation which owns the bus has hired experts including an accident reconstructionist to do an independent investigation.  There is a camera on the bus but apparently there were some problems in its operation.  Most of the kids all stated the the bus driver was very nice and well liked.

According to the National Association of State Directors of Pupil Transportation Services, bridges and tunnels such as the location involved in this accident are considered a hazard.  It has been recommended that School Districts and bus drivers take these hazards into account when planning bus routes.  The State Head of the Department of Education has indicated that a bridge like the one involved in Monday’s crash should be considered as dangerous.  It is clear that road hazards will be a hot topic at the State Transportation Conference this June, as well as this deadly bus crash.  www.theindychannel.com/news/30679918/detail.html.

In addition to the Indianapolis bus crash, there were at least two other bus accidents across the nation in a similar time frame, raising issues regarding bus safety.  Three hours after the Indianapolis bus crash, in Quincy Washington a school bus rolled over on its side with 38 students onboard.  The driver of this bus and three children were very seriously injured.  That same afternoon in rural Ohio a bus ran off the road and several students aboard suffered minor injuries that required medical attention.  All of these bus crashes in one day have many wondering if the seat belts should be required on buses.  Only six states currently require seat belts on school buses and it has been a long running debate in most state legislatures.  Some state officials, including Indiana, argue that equipping new buses and retrofitting older buses with seat belts would be too expensive; and that buses are generally safe anyway with the protection afforded by the “compartmentalization” of the seats seating and arrangements. http://www.whas11.com/news/Indy-bus-crash-2-other-across-nation-raise-questions-about-bus-safety-142497355.html

If you or your child is injured in a bus collision or other tragedy in a motor vehicle accident, you should consult with an experienced personal injury attorney immediately.  You may contact our office or call William “Bill” Hurst at (800-)636-0808 for a free consultation.  You can also browse our personal injury website for more information at www.billhurst.com.

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• INDIANA FATAL CAR ACCIDENTS AND VEHICULAR CRASHES – CALL YOU INDIANAPOLIS WRONGFUL DEATH LAWYER

Filed Under: Personal Injury Cases by jlong — Leave a comment
March 9, 2012

There are over 200,000 automobile and truck crashes in Indiana every year.  Various organizations have studied these fatal accidents and have established accident statistics between 2000 and 2010.  The State of Indiana reported 754 deaths caused by traffic accidents for the year 2010 which are the most recent statistics.  These fatalities account for roughly 2.3% of all the car accident fatalities that occurred in the United States that year.

Between 2006 and 2010 Starke County, Indiana had the most fatalities per 100,000 population with 42.8 in 2006 and then 42.79 in 2010.  The county with the least overall fatalities statistically would be either Sullivan County or Wabash County.  http://www-nrd.nhtsa.dot.gov/departments/nrd-o/ncsa/STSI/18_IN/2010/18_IN_2010.htm This web site allows a person interested in determining the location and reasons for fatalities in Indiana to view the Indiana counties and their rankings between 2006 and 2010.  This website also looks statistically at the following facts involved in the fatal crashes.

  • fatalities involving alcohol
  • single vehicle crash fatalities
  • fatalities and crashes involving a large truck
  • fatalities and crashes involving speeding
  • fatalities and crashes involving a roadway departure
  • fatalities and crashes involving an intersection
  • crashes involving passenger car fatalities
  • light truck and van occupant fatalities
  • motorcyclist fatalities by county
  • pedestrian fatalities by county
  • bicyclist fatalities by county

The National Highway Traffic Safety Administration accomplished a study that further determines the area of the Indiana county where the automobile/truck/motorcycle crashes, and even further whether it’s a rural or urban area, whether or not the occupants were restrained or unrestrained and the age group involved.  In the case of motorcycle fatalities NHTSA statistics further determine whether the deceased motorcyclist was helmeted or unhelmeted.

The top five Indiana driver errors that play a role historically in causing accidents are (1) failure to yield (30,000), (2) following too closely, (3) unsafe backing, or (4) speed too fast for weather conditions.  The fifth reason stated for the least serious accidents involved “running off the road to the right”.  www.in.gov/cji/files/teenage_ drivers2-pdf

Indiana City accident statistics were compiled and cities were ranked for the most serious auto accidents.  In Indianapolis, fatal crashes and road traffic accidents in 2009 included 55 fatal accidents.  There were 90 vehicles were involved in these fatal accidents.  Of the fatal accidents 17 were caused by drunk drivers and pedestrians were involved in 15 fatal accidents.  These fatalities states were down from the 2008 deaths reported in Indianapolis.  The fatal statistics indicate that there were 79 fatal car accidents in Indianapolis in 2008.  http://www.city-data.com/accidents/acc-indianapolis-indiana.html During this same time period, in Muncie, Indiana there were 8 fatal car/truck accidents with 10 vehicles being involved.  The Muncie fatal accidents caused by drunk drivers involved 2 cases and no pedestrians were killed.  There are maps showing exactly where all these accidents took place each year at www.city.data.com/accidents/acc-Muncie-Indiana.html.

In 2009 motorcycles accounted for 13% of all traffic accidents and 60% of all accident fatalities.  In 2009 alone 4,462 people died in the United States in motorcycle crashes.  However this was down substantially from 2008.  Older motorcyclists account for half of all the motorcycle fatalities.  For example, in 2008 51% of all motorcyclists were age 40 or over compared with 33% ten years earlier.  In contrast fatalities among young motorcyclists have declined in the past 10 years.  www.nrd.nhtsa.dot.%20web%20report.htm

While these statistics include all sorts of vehicles, automobiles, motorcycles, semi trucks and straight trucks, tractor trailers and other commercial vehicles, it is clear that the vehicular accidents involving semi trucks generally result in the most serious injuries.  Semi-tractor-trailer and commercial vehicle accidents continue to rise annually.  The Insurance Institute for Highway Safety indicates that over 100,000 people sustain serious personal injury accident and over 5,000 people die annually in these vehicular crashes.  The National Transportation Safety Board (NTSB) also compiles similar statistics and reports for truck driving accidents in the United States and attempts to identify and correct hazards that face truck drivers.  Http://blog/billhurst.com/2012/02/

If you, a family member or friend has been killed or serious injured in a vehicular crash you should contact an experienced personal injury lawyer.  You may contact William “Bill” Hurst at our office for a free consultation.  If we agree to take your case we will charge on a contingency fee basis.  This means we will not get paid unless you receive a verdict or settlement.  You may call us at 1-800-636-0808 or in Indianapolis at 317-636-0808 for a free consultation.

 

www.indianapolisabogado.com

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• INDIANA HIT AND RUN AUTO ACCIDENTS INVOLVING INJURIES AND INSURANCE ISSUES – CALL AN ACCIDENT LAWYER

Filed Under: FAQs, Personal Injury Cases by jlong — Leave a comment
March 2, 2012

When a driver flees the scene of a car accident without leaving his personal information, a crime has been committed.  The State of Indiana has passed specific legislation that outlines the actions that must be taken after a vehicular accident which makes a hit and run event a crime.  Under Indiana Code  9-26-1-1, any driver involved in an accident resulting in injury, death, or entrapment in a vehicle must stop at the scene immediately (IC9-26-1-1).  The law mandates that each driver provide personal information, assistance to injured parties and/or facilitate transportation to a hospital.  Even if there are no personal injuries if an accident has caused property damage, the drivers involved must exchange information.  If there is more than $1,000 in property damage, the drivers must also report the accident to the local authorities.  Drivers who cause damage to parked vehicles must also stop immediately and provide personal information.  Under Indiana L aw, if you strike a parked car and the owner of the parked car is not available, the driver of the vehicle causing the damage must make efforts to find the owner and after exhausting those efforts, leave his contact information and a statement about the accident with the vehicle.  http://www.in.gov/legislative/ic/code/title9/ar26/ch1.html

The driver who commits a hit and run violation can be charged with a misdemeanor or a felony, depending on whether or not there were injuries involved pursuant to Indiana Code 9-26-1-8.  The penalties are much more severe when a death is involved or if the driver causing the injuries and damages is intoxicated.  Also, in a hit and run, if a report is not filed, the driver’s license of the person who commits the hit and run can be revoked or suspended – even if the injuries or damages caused are minor.

So what should you do after causing a hit and run accident? Did you “run?”  There are number of reasons why individuals do not remain at the scene of an accident:  panic, not having a proper driver’s license, being under the influence of alcohol, or a lack of proper insurance are just a few.  If you do leave the scene of an accident, you should return.  Police departments are highly sophisticated when it comes to tracking perpetrators that leave the scene of the accident; especially if there is an injury to a person, as it carries very severe criminal penalties.  In such an even, there are certain measures you should take to protect yourself.  First of all you should not volunteer any information to police officers.  You must be cooperative but only answer the questions asked  and keep in mind that whatever you say can be used against you in court.  Clearly, it is crucial to contact an attorney as soon as possible to obtain sound legal advice.  Only an experienced attorney licensed in your area can provide you with representation during the legal process.  For a discussion of what to do after causing a hit and run accident, see http://www.hitandrunaccident.com/resources/hit-and-run/hit-and-run-accident/hitting-car-running.htm. This is true whether you were in your automobile, on a bike or a pedestrian.

On the other hand, if you are a victim of a hit and run accident or you or your family member has received a personal injury, you should contact your auto insurance carrier immediately.  You may have a claim under the uninsured motorist portion of your policy which will cover your claims up to a specific limit or “dollar” amount.    Some insurance policies require you to know the name of the person (identify him or her) who caused the accident for you to be covered under the uninsured motorists provision of your auto policy.  You will have to read your policy to determine whether or not you do have hit and run auto insurance designed to protect you at times when another person leaves the scene, perpetually if the person is not found nor identified.  For a general discussion on hit and run auto insurance, the claim, and the coverage see http://www.carinsurancequote.net/hit-and-run-auto-insurance.html.

Often your auto insurance plan will have hit-and-run auto insurance built into the plan but the details are likely unknown to you as it was not discussed when you bought your policy. What is needed to make a claim for a personal injury or property damage varies from policy to policy.   When you are purchasing your automobile insurance policy, you should request a quote with a hit and run (uninsured motorist) provision added to the policy unless it is mandated by state law.  In addition, you should have an explanation made of what is necessary to make a claim when damage is done by a hit and run driver.  In some instances your agent may be able to compare policies and policy provisions for uninsured motorists coverage which usually includes hit-and-run coverage, and find you the most favorable.

When you find yourself in a hit-and-run situation, make sure you get the name, address, phone number of any witnesses who were around when the hit-and-run occurred call the police and promptly report everything to your automobile insurance company.  In the event there is any kind of an injury involved, you should never sign anything which might release your claim without the advice of a personal injury attorney even with your own insurance company adjuster.

For a review of the Indiana hit-and-run laws, and http://www.ehow.com/print/list_6899359_Indiana-hit-run-accidents-insurance.html.  This site will also inform you what the police involvement would be regarding criminal prosecution in a hit and run circumstances.

If you have been injured in a hit-and-run accident and need an experienced attorney who is knowledgeable with regard to the insurance law and injury law relating to hit-and-run accidents, contact William “Bill” Hurst who has represented hundreds of victims in hit-and-run accidents or call him at  (800) 636-0808 for a free consultation.  If Bill or his office takes your case, there will not be any fee paid unless you recover.  See our website at  www.billhurst.com

www.indianapolisabogado.com

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• INDIANAPOLIS POLICE CAR RUNS ENDING IN AUTO CRASH AND INJURY

Filed Under: FAQs, Uncategorized by jlong — Leave a comment
February 20, 2012

On July 1, 2011 an Indianapolis Metropolitan police officer was hospitalized after she was involved in a crash on the “Far South side” while responding to another traffic accident.  The officer had lights and sirens activated when she drove through a red light at Southport and Bluff roads and was struck by a northbound Ford Explorer at about 4:30 p.m.   http://www.indystar.com/article/20110701/news02/107010373/indianapolis-police-officer-hurt-afternoon-crash

The following Wednesday, July 6, 2011 on the “Near Northside” of Indianapolis a Fishers woman was injured in a car crash with an Indianapolis Metropolitan police officer.  The Fishers woman, who has not been identified, had minor injuries and both were being treated at Methodist Hospital.  The officer was on a dispatched run and traveling south on Fall Creek Parkway when a 2006 Dodge Durango exited the parking lot of the BP gas station and pulled into the officer’s path of travel.  After impact both cars struck a tree on the west side of Fall Creek Parkway.  The officer was not using his lights and sirens at the time of the crash.  http://www.indystar.com/article/20110706/NEWS/110706018/IMPD-officer-injured-crash-Near-Northside

Indianapolis Metropolitan Police Department’s General Order #4.16 V. “Emergency Operations” states that:

Police Department vehicles must be operated 1. Under emergency conditions only when the officer is responding to a reported or confirmed emergency condition or when properly operating under pursuit conditions.  With regard to that, the officers must refer to a general order regarding vehicle pursuits for definition. 2. When operating a police vehicle under emergency conditions, the emergency lights and sirens must be utilized. 3. An officer may disregard an automatic traffic control or stop sign only when responding to an emergency situation under pursuit conditions.  Even then the officer must approach the intersection with caution and be prepared to stop.  The officer may proceed only when it is safe by clearing the intersection lane by lane.  The police vehicle must be prepared to take evasive action and brake if necessary.  In all cases the police vehicle operator must proceed with caution.

Under certain conditions police officers may make “silent runs”.  A silent run is the operation of a police vehicle under emergency conditions utilizing emergency lights but no sirens or other audible signal.  Silent runs are authorized for robberies, burglaries, burglaries in process or a situation in which the officer determines through his training experience requires silent run response to avoid alerting the criminal.  A police officer on a silent run still must stop at all stop signs and traffic signals and proceed safely.  In all instances he must operate his vehicle with caution and at a reasonable speed without endanger the life and property of others.  The violation of these rules may result in liability for the Police Department involved.

It is the policy of  the Indianapolis’ Metropolitan Police Department (IMPD) to require all officers to operate the police vehicles with due regard for the safety of others.  This is required under General Order 4.16 whether it is a marked or unmarked police vehicle.  The police officer’s must exercise due caution at all times regardless of the nature of the run for the protection of the life and property for himself and for others.  Department personnel in both off-duty and on-duty status are prohibited from operating any city-owned vehicle after taking any “restricted” prescription medication, alcohol or intoxicant.  Indeed officers are prohibited from operating any city vehicle with any traceable amount of alcohol determined by chemical test.  The operation of a vehicle with a BAC above .08 and/or arrest for DWI for the first offense results in a ten day suspension, second violation; a thirty day suspension and on a third offense the officer will be dismissed.  Mandatory alcohol counseling is an additional requirement for any and all violations.

The Indianapolis Metropolitan Police Department recognizes that it is inevitable that police vehicles will be involved in accidents.  The IMPD requires that all vehicle traffic crashes to police vehicles will be investigated thoroughly and reported properly according to procedures established in General Order 7.4.  Under this general order, the police officer must contact the communication center immediately, who dispatches the necessary personnel and assistance to the location.  The vehicle must not be moved. When there are personal injuries, all injured parties will be sent to Wishard Hospital for treatment unless medical personnel  determine it necessary to transport to a hospital which is closer.

It is the responsibility of a designated IMPD crash investigator to investigate and report all details of an accident.  In Indianapolis, there is an Accident Review Board which was established under the direct authority under the Indianapolis Chief of Police as set forth in department’s rules and regulations.  The administrative body is responsible for review of all crashes, reports and investigations involving motor vehicles under the control of the police department.  Formal hearings and administrative reviews may be conducted in accordance with established procedures to determine compliance with the department’s orders, rules and policies.  While not a disciplinary board, the Accident Review Board will make specific recommendations for disciplinary action to the Disciplinary Board of Captains.  The Accident Review Board will make a judgment as to whether the accident was preventable or not preventable.

Despite all the rules and regulations “high speed” police chases create an extremely dangerous situation for pedestrians and motorists.  While it is the responsibility of local law enforcement to apprehend criminals to ensure the safety of the general public, when the pursuit of criminals puts innocent third parties in danger it is up to the officer making the “run” to make a decision that serves the greater good and the safety of the community.  Sometimes the “wise” decision is to ”break off” the “run” or ”chase”.  Often after these accidents there are many questions must be answered.  Why did police continue to pursue the vehicle; when the danger to the community was apparent? Did the police officer fail to comply with the polices, rules and regulation of his department?  Only an experienced personal injury lawyer can help you with obtaining this information and evaluating it.

If you are injured in a police chase crash or squad car accident, you should consult with an experienced personal injury attorney who has represented persons seriously injured in similar circumstances.  Whether the incident involves officers from Indianapolis Police Department, Marion County Sheriffs Deputies or police officers from other police agencies, our office can help.  Contact our office for a free consultation with an experienced accident lawyer at (800) 636-0808 and see our website at  www.BillHurst.com

www.indianapolisabogado.com

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• ACTOS, LAWYERS AND LAWSUITS – A DANGEROUS DRUG?

Filed Under: Personal Injury Cases, Uncategorized by jlong — Leave a comment
February 14, 2012

Takeda Pharmaceutical Company is Asia’s biggest drug maker and they face tens of thousands of lawsuits in the United States courts over allegations that the Actos diabetes drug causes bladder cancer.  This drug was marketed for Takeda in the United States by the Indianapolis based Eli Lilly & Company from July, 1999 until March, 2006 and in several other companies up until this year. This drug, coupled with diet and exercise, was used as therapy to improve glycemic control for Type II diabetics.

U.S. regulators found in June that an analysis of a company sponsored study showed that some users of Actos faced an increased risk for developing the potentially fatal disease.  There has been other evidence linking Actos to an increased risk of other serious side effects such as blindness and macular edema. Personal Injury Attorneys across the nation are indicating that they are getting calls every day and believe that it may result in as many as 10,000 lawsuits.

Takeda officials this year recalled Actos, its top-selling drug, off the market in Germany and France because of the linkage to increased cancer risk.  The medication had sales of 4.8 billion in the last fiscal year and was 27% of the Japan based company’s revenue.

Pioglitazone hydrochloride, (Actos) was developed by Takeda and was distributed in markets since 1999.  Actos oral tablets were marketed as a medication which would help the body use insulin more efficiently.  There were a lot of warnings and contraindications that accompanied the drug and users were cautioned to have regular blood tests to monitor potential damage to their liver.  However, this list did not include the increased risk of cancer.  According to a December 1, 2011 article by the Associated Press in the Indianapolis Star, Eli Lilly, one of the distributors, lobbying costs in the third quarter of 2010 approached 2.3 million focusing on patent reform, trade issues and hospital discounts.  Actos sales in this article in 2010 were shown to be approximately 3.35 billion dollars with the drug going generic in 2012.  It is noted that not withstanding Takeda’s patent for Actos actually expiring last January, 2011, Takeda, and possibly Lilly and Glaxos Smith Klein, may be battling the forthcoming tide of Actos lawsuits.  Despite that Takeda has already agreed to several generic drug makers on the future marketing of a generic form of Actos.

Both Germany and France have suspended sales of Actos.  The suspension was effective July 11, 2011.  The Food and Drug Administration recently released a safety alert and required a label change for Actos regarding the risk of bladder cancer for users taking the medication for more than one year or taking it in the highest dose.  According to the FDA announcement, Actos can lead to a 40% increased risk of bladder cancer based on a study of more than 200,000 patients with Type II diabetes.  Since 2007 the competing diabetes drug Avandia was shown to increase the risk of heart attack the Actos sales have escalated to approximately 4.3 billion in 2010 alone.

The France Medicine Agency has suspended the sales of Actos after reviewing a cohort study conducted by the French Health Insurance linking Actos to bladder cancer.  Drug regulators in Germany have also disallowed new prescriptions for Actos pending further investigation.  The European Medicine Agency began a review of Actos in March, 2011 which has not yet concluded but may ultimately yield similar findings.  Between January and October of 2010, 2.3 million patients filled prescriptions for Actos according to the FDA.  Based on the 40% increase of risk the number of people who may develop bladder cancer since the drug’s approval in 1999 could easily number in the thousands.

On December 29, 2011, the U.S. Judicial Panel on Multidistrict Litigation ordered that all Actos lawsuits pending in Federal Courts nationwide be consolidated and centralized in the nearest District Court for the Western District of Louisiana and assigned to the Honorable Rebecca Dougherty.  This is a consolidation of all Actos lawsuits filed by individuals alleging that the Type II diabetes medication caused them to develop bladder cancer.  When reaching the decision to consolidate the Actos lawsuits the Panel determined that there were common questions of fact to warrant the transfer of these actions into one Federal District Court for coordination, consolidation and pretrial proceedings thereby eliminating duplicative discovery and consistent pretrial rulings and conserve the resources of the parties, their counsel and the judiciary.  At that time there were only a few, perhaps less than 20, Actos lawsuits currently pending in Federal Courts nationwide.  All of these lawsuits were filed after the June, 2011 determination by the U.S. Food and Drug Administration that Actos users are at increased risk for developing bladder cancer. 

 www.webmd.com/cancer/bladder-cancer/news/20110616/new-bladder-cancer-warning-for-diabetes-drug-Actos

 www.fda.gov/Drugs/DrugSafety/ucm259150.htm

http://www.ibj.com/takeda-lilly-may-face-thousands-of-suits-over-actos-cancer-claims/PARAMS/article/31087

http://www.bloomberg.com/news/2011-12-31/takeda-suits-on-actos-diabetes-drug-combined-in-one-louisiana-court.html

The side effects of Actos at http://diabetes.emedtv.com/Actos/side-effects-of-actos.html 

For several previously known side effects of Actos, including problems such as headaches, sinus infection, and upper respiratory infections.  More serious side effects would include low blood sugar, rapid weight gain, vision changes, pain, tooth problems, sore throat, water gain, edema.  Actos was also promoted as increasing the good cholesterol and decreasing triglycerides.  www.Actos.com

If you or a loved one has experience bladder cancer as a result of taking Actos,  contact our office or call William “Bill” Hurst at (800) 636-0808 for a free consultation.  Our office has successfully represented thousands of clients in .

www.indianapolisabogado.com

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• INDIANA SEMI-TRUCK ACCIDENTS ON THE RISE CAUSING SERIOUS INJURY – YOUR SEMI-TRUCK LAWYER

Filed Under: Uncategorized by jlong — Leave a comment
February 10, 2012

Semi-truck, tractor- trailer and commercial vehicle accidents in the United States continue to rise.  The Insurance Institute for Highway Safety indicates that over 100,000 people sustain serious personal injuries, and over 5,000 people die in these crashes annually.  The National Transportation Safety Board (NTSB) compiles statistics and reports for truck-driving accidents in the United States and attempts to identify and correct hazards that face truck drivers.  Even insignificant driving errors can result in consequences where a small vehicle is in a collision with an eighteen wheeler (18-wheeler) which can result in catastrophic injuries.  Many drivers fail to understand that trucks have limited field of vision on their right side and that large trucks traveling at high speeds cause a draft which can pull a vehicle into the danger zone or cause an automobile to over correct and run into the truck or off the road.  www.todaystrucking.com and www.auto-accidentresource.com/statistics.html

In Indiana, investigation of truck accident statistics involving 18-wheelers, semi-tractor trucks or large trucks have been compiled by the Center of Criminal Justice Research www.criminaljustice.iupui.edu based upon National Highway Traffic Safety Administrative studies as well as the Indiana State Police Automated Report Information Exchange System.  In prior years, one in every six fatal traffic collisions involved large trucks.  This was based on traffic collision trends between 2004 and 2008.  The summer months show the highest number of total large truck collisions and the highest number of fatal collisions involving them.  Over 50% of the collisions occurred on interstates with the least likely roads for them to occur on Indiana County Roads.  32% of the fatal collisions reviewed occurred on State Roads and 30% on Interstates.  Between 2004 and 2008 there was a gradual increase in involving fatal collisions occurred.  The Indiana Officers Standard Crash Report requires investigating officers to indicate the primary contributing factor for the collision.  In fatal collisions involving large trucks that were reviewed by the Center, 27% of the large truck drivers contributed to the occurrence compared with 64% for other vehicular types.  Large trucks were 2.5 times more likely than drivers of other vehicles to be attributed to the occurrence of the collision in instances where distracted driving was listed as the primary factor.  In total collisions between 2004 and 2008, involving large trucks where speeding was a factor, the large truck involved was reportedly speeding about half of the time.  www.in.gov/It is sad, but in most large truck, semi-tractor trailer, 18-wheeler accidents involving an automobile, it is the car and it’s passengers that come out the loser.  There have been numerous examples of this in recent times in Indiana.  On March 1, 2011 a semi-truck that was driven by a 41year-Indiana operator was issued a citation for failure to control his vehicle after he rear-ended a pickup truck on I-77 South.  The driver of the pickup truck was transported to St. Joseph hospital and all of the passengers in the pickup truck from Waverly, Indiana were taken to Candem Park Memorial Hospital after the accident.  In this case, the injuries were not life threatening, however in a Jackson County, Indiana accident on February 25, 2011, a Michigan man was killed on I-65 in Jackson County.  The police described this as a horrific crash.  On that date, three people called to report a speeding driver, weaving along the road just south of Seymour.  This car collided around the 37-mile marker in Jackson County with a semi-truck.  The driver of the car was thrown from the vehicle and pronounced dead at the seen.  The driver of the semi-truck, who was not at fault, had no injury whatsoever.  In a recent Indianapolis collision between an automobile and a semi-tractor trailer, an Indianapolis Public School thirteen-year old girl was killed.  The child died at the seen of the accident.  This accident happened on the Southwest side of Indianapolis.

Clearly truck drivers are professional and generous and some of the best drivers on the road, but the areas behind and beside large trucks are hazardous areas where drivers should proceed with great caution.  It’s clear when semi trailers are involved in accidents with smaller vehicles, the forces generated by the collision are so tremendous that serious injuries and death often occur.

If you or a loved one has been involved in a semi-tractor trailer accident resulting in serious injury contact our office or call William “Bill” Hurst at (800) 636-0808 for a free consultation.  Our office has successfully represented thousands of clients injured by Big Rigs.

www.indianapolisabogado.com

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