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.

Archive for July, 2011


This article was published on msnbc.com 
WTHR-TV WTHR-TV
updated 7/21/2011 5:19:31 PM ET 2011-07-21T21:19:31

INDIANAPOLIS – The heat wave is certainly carrying some hidden dangers that many parents may not know about, especially if your children want to play outside.

Thursday brought summer fun on the playground for Eyewitness News anchor Anne Marie Tiernon’s son Luke and her daughters. They are more cautious than ever in the heat wave.

Luke recently suffered from second-degree burns from a hot backyard slide.

“I accidentally went down the slide and I didn’t have a shirt on and I accidentally hurt my back,” said Luke, six.

Two weeks later, the signs and sores from the accident are still with him.

“It’s crazy. It’s kind of scary how hot it can actually get,” said Katherine Ducharme, who was babysitting Thursday.

We took our infrared thermometer to a playground to find out how hot the equipment gets. In Fishers at 11:00 am, a child’s slide was 153 degrees. There were similar readings all over the playground. The climbing wall was 111 and the steps were 126. Park benches were 105 and a playground floor was 154.

That’s too hot for the usual fun.

“If a parent isn’t comfortable putting their hands on a piece of equipment or a slide they should avoid having their kids come in contact with it,” said Catherine Oplinger, pediatric nurse practitioner.

Babysitter Katherine Ducharme headed home earlier than usual with her charges, Evan and Grant.

The heat interrupted some of the fun at Conner Prairie’s summer camp

“We’ve been taking water breaks every hour and we went tubing on the river and making sure the kids are drinking a lot of water,” said Amelia Gerometto, camp counselor.

Some campers had to go home early after getting sick in the heat. The camp took more precautions the next day, and along with a breeze and a dip in the pond, there was some relief.

Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than 1 and 3 deaths in this age group.  In 2009, eight teens ages 16 to19 died everyday from motor vehicle injuries.  For every mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash. http://www.cdc.gov/MotorVehicleSafety/Teen_Drivers/teendrivers_factsheet.html  

In 2009, about 3,000 teens in the United States ages 15 to 19. With more than 350,000 were treated in emergency wards.  While young people account for only about 14% of the U.S. population, they account for about 30% of the total cost of motor vehicle injuries among males, and 28% of the total cost of motor vehicle injuries among females.  In 2006 the motor vehicle death rate for male drivers and passengers ages 15 to 19 was almost 2 times that of their female counterpart.  About half the teen deaths from motor vehicle crashes occur between 3:00 p.m. and midnight and 55% occur on a Friday, Saturday or Sunday.

The Insurance Institute for Highway Safety notes that crash rates for young drivers are higher largely because of their immaturity combined with driving inexperience.  Immaturity is apparent in young drivers with risky driving practices such as speeding and tailgating.  At the same time, teenagers lack experience behind the wheel which makes it difficult for them to recognize and respond to hazards.  Fatal crashes involving young drivers typically are single-vehicle crashes and often involve driver error or speeding.  They often occur when other young people are in the vehicle with the young driver.   http://www-fars.nhtsa.dot.gov/Main/index.aspx

In an NHTSA study it is noted that 81% of teenage motor vehicle crash deaths in 2008 were passenger vehicle occupants.  Automobile deaths are not the only vehicular fatalities.  In 2005, 326 young motorcycle operators were killed and an additional 9,000 were injured.  NHTSA estimates that helmets saved the lives of more than 1,500 motorcyclists of all ages in 2005, and that if all motorcyclists had worn helmets an additional 728 lives could have been saved.  During that year, 32% of all motorcycle drivers between the ages of 15 and 20 who were fatality injured in crashes were not wearing helmets and more than 1/3rd were either unlicensed or driving with an invalid license.

 It is also noted in the NHTSA 2005 study that 21% of all teen drivers involved in fatal crashes had been drinking alcohol.  It was found that alcohol involvement was higher among males than females.  It was also determined that drivers are less likely to use restraints when using alcohol.  In 2005, 64% of young drivers in passenger vehicles involved in fatal crashes who’d been drinking were unrestrained.  Of the young drivers who’d been drinking and were killed in crashes, 74% were unrestrained.  More information on young drivers is available from the National Center for Statistics and Analysis, NPO-120, 407th Street Southwest, Washington D.C. 20590. 

In 2008, the Rocky Mountain Insurance Information Association reports that 81% of all teenage motor vehicle crash deaths were passenger vehicle occupants, and that 2 out of every 3 teens killed in these crashes were males.  Of the male teen drivers 37% involved in fatal crashes were speeding and 31% of the drivers who were killed had been drinking some amount of alcohol.  Statistics show that in 16 and 17 year old drivers, death rates increase with each additional passenger.  www.rmiia.org/auto/teens/Teen_Driving_Statistics.asp   For teen crash statistics in Indiana see http://www.dmv.ca.gov/teenweb/more_btn6/traffic/traffic.htm

There are proven methods to help teens become safer drivers.  The Center for Disease Control’s research suggests that the most comprehensive Graduated Drivers Licensing programs are associated with 38-40% in fatal and injury crashes among 16 year old drivers.  www.cdc.gov/injury/wisqars/

Often taking an auto accident prevention course or driving school course will allow for a discount for some car insurers.  However because statistics show that teen drivers are nine times more likely to have an accident than drivers age 30 to 59, the rates are proportionately higher.  www.auto.erieinsurance.com/Auto-insurance-discounts.aspx  

Clearly, discounts on insurance can provide a considerable savings on the auto policy for young drivers.  Good grades and driver accident prevention courses can help reduce the premium of a young driver’s policy.  After some period of time often discounts are available if no claims or accidents occur.  The choice of the specific vehicle may also affect the insurance rate.  Highly rated vehicles such as sports cars, SUVs and luxury models will quickly increase the rates of the young driver’s insurance policy.  High performance vehicles are often capable of high speeds, require expense repair and targeted by pilferers.  To maintain reasonably priced insurance premiums young drivers should look towards modest vehicles with average values and repair costs.  www.ehow.com/info_8053072_factors-young-drivers-car-insurance.html

Some states have enacted a special program for young drivers.  At least 32 states have addressed the problem of teenage driver crashes with a Graduated Drivers License (GDL) program.  This legislation varies in forms from state to state, but includes restrictions to help the young drivers from hazardous situations while they learn to drive, and extended supervised learning period to improve driving skills, and sanctions to help motivate young drivers to drive safely.  For example, Kentucky’s current program includes a) a 6 month learning permit level which may start at age 16; b) a restriction on driving after midnight during the permit levels; c) a 6 point limit on traffic violations till age 18 with a penalty with license suspension; d) a requirement for a 4 hour driving education class.  In addition blood alcohol concentration levels are lower for drivers under the age of 21.  To qualify to become a full GDL program under the NHTSA guidelines, Kentucky would need to include 3 additional provisions: a) a visibly distinctive intermediate level license; b) a limit on unsupervised nighttime driving; c) a requirement to be free of traffic violations for a period of time before graduating to the next level of licensure. 

In Kentucky, researchers have determined that as a result of instituting these graduating licensing requirements, that there is a 31% reduction in crashes for 16 year old drivers after the program and a similar reduction in fatal crashes and injury crashes.  This reduction was due to an 83% decrease in crashes for drivers aged 16 to 16 and a half.  Unfortunately there were no decreases in the number of crashes or traffic violations passed the learner permit level.  For a discussion of Graduated License Level see the University of North Carolina Safety Research Center athttp://www.hsrc.unc.edu/safety_info/young_drivers/gdl_overview.cfm

                                                                                                                                                                                                                                                                                                          

The University of Michigan Transportation Research Institute has accumulated a number of publitions and resources regarding teen driver risks and accident prevention; not only identifying the factors that contribute to this, but also the psychological issues and factors that contribute.  Interventions to promote safe driving and behaviors in teens and the research that has been done in recent years is categorized at their website. http://www.umtri.umich.edu/about.php

If a teen in your family has been injured or killed in a vehicular accident you should hire an experienced personal injury lawyer.  You may see a lawyer in our office for a free consultation and we do not charge unless we recover for you and your family.  www.billhurst.com

Most lawyers who specialize or limit their practice to personal injury law will either represent injured people or defend against personal injury lawsuits but usually don’t do both.  If you’ve been injured in an accident you probably want to hire what is called a “plaintiff’s lawyer”. 

It is almost a foregone conclusion that at some point you will be involved in some sort of an accident.  It is not that anyone wishes to be one; that is why they are called “accidents”.  Should you be involved in an accident due to the negligence of some other party, you will need to enter into a process of looking for a good, aggressive and experienced accident lawyer to ensure that you get maximum compensation.  Very different results can occur based on your choice of attorney; therefore when choosing an accident attorney you will want to spend some time researching who will be the best representative for your car accident or other type of accident claim.

A good injury attorney will help you in dealing with the insurance companies involved who are notorious for their efforts in stifling the efforts of victims looking for compensation from them.  There are a lot of legal issues and procedures to be followed before one’s claim is settled most of which are unknown to an untrained victim; and this is why you are advised to hire the services of an attorney.  Trying to do these things by yourself will not only take a long time but may result in mistakes which will diminish your ability to recover.  An attorney who understands the law and legal procedures involved will be able to guide you through this difficult process and if necessary represent you in court to argue your case.  Many claims involve technical issues and little details that if overlooked may lead to the case being dismissed or thrown out of court.  While there are many stories (probably mostly put out by the insurance industry), that talk about greedy lawyers, the vast majority of plaintiffs lawyers are professional and honest.  The quality of the lawyer that you seek may be in direct proportion to how much money you may end up receiving.  You will want to be certain you choose an attorney with experience and the one that appreciates exactly what you are facing.  The attorney will be your confidante and fight for your rights.

Clearly in the selection process you should check out your potential attorney’s references and history.  You of course will see television ads and likely receive mailers.  However, the best source of starting your search for an accident lawyer is through your family, friends and associates.  If you know someone who has been in accident you may talk to them about their attorney.  Certainly if you know a lawyer who is not experienced with personal injury you can check your potential lawyer’s qualifications.    The same is true if you have a friend who is a judge or insurance adjuster.   Checking on the Internet may be a good idea once you have identified an attorney within your geographical area.  There will be many listings to look through.  You can check the lawyer’s website; and if he or she appeals to you, you should make an appointment to meet the person face to face.  For example our firm is listed at www.lawyers.com/Indiana/Indianapolis/William-Bill-Hurst-980965-a.html; this is a good source to review because it is on the Martindale Hubbell site which is a nationally known rating organization for lawyers of every specialty.  Another internet source would be www.bestlawyers.com/lawyers/William_W_Hurst/default.aspx  which is an organization that lists lawyers’ state-by-state who are the top in their fields.  The method of selecting them is by asking lawyers who they would hire in the event that they were involved in a personal injury accident.  You may see our attorney listing and Bill Hurst’s by going to this website.

It is also good to know if the accident lawyer belongs to the State’s Trial Lawyer Association and is active therein.  Involvement in this organization shows a commitment to promoting fair and effective justice.  Another consideration of course is cost.  You want to know if your potential lawyer charges contingency fee, (which most accident lawyers do).  This means that you do not have to pay the lawyer up front; rather the attorney receives a percentage of the award or settlement (usually 1/3rd) as compensation for his or her work.  That means that the lawyer has to be successful to be paid for his or her services.  You also need to determine how additional costs of litigation would be calculated and repaid particularly in the event of a bad outcome. 

Once you’ve gathered all of this information about your potential accident attorneys you will be able to select the attorney who has the most experience in handling the type of claim that you have, the best trial experience and often the best character.

You should not necessarily cross an attorney off your list because he or she did not  have time to meet with you immediately.  Good personal injury lawyers are busy, so they may not be able to spend as much time as they would like with prospective clients.  However, you should always expect to be treated courteously and professionally by the staff and the lawyer.  www.lawyers.com.

Finally, you might want to consider if you have any special needs.  For example, could you benefit from an attorney who speaks a language other than English?  In our office we have attorneys who speak Spanish.

 

At Mitchell Hurst Dick & McNelis, LLC we recommend that you check in the community, family, friends, attorneys, judges and insurance adjustors regarding our reputation for representing persons injured in accidents. 

If you or a loved one has been injured in a car accident contact William “Bill” Hurst for a free consultation at 1-800-636-0808.

Copyright © 2011 William W. Hurst. All rights reserved.
Bill Hurst is a partner in Mitchell, Hurst, Dick & McNelis, LLC.
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