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.

Category: FAQs


• 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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• AMUSEMENT PARK RIDES – INDIANA ACCIDENT, INJURY AND DEATH LAWSUITS

Filed Under: FAQs, Indiana News Articles, Personal Injury Cases by jlong — Leave a comment
January 20, 2012

           November 2, 2011 at the State Fair in Louisiana a 3 year old boy suffered serious critical injuries when a kiddie ride accidentally started while the ride operator was unloading passengers.  The child was left pinned for 20 minutes while workers used the jaw of life to free him.  He was seriously injured. http://www.coaster-net.com/news/1643-accidents-at-the-louisiana-state-fair/  October 31, 2011 there was a collision between two monorails at the Disney resort in Florida.  The accident and injuries to the occupants was caused by the failure of the monorail manager to verify the position of a switch.  There were several serious personal injuries. 

          On October 24, 2011 a 31 year old woman suffered a fatal fall from a tiptop ride in Dublin Ireland.  She was ejected from her bucket seat and landed on the metal steps leading to the platform. She died instantly.  August 30, 2011 at Bottoms Amusement Park in Berkshire, England, an amusement park ride called a Surf Rider malfunctioned and left seven riders hospitalized.  A gondola attached to one end of the arm remained horizontal throughout the ride keeping the passengers upright and the gondola crashed in a vertical position.  Firefighters had to use a hydraulic platform and ropes to extract all 22 riders who were trapped and injured. Many of these accidents and those mentioned above have been catalogued by RideAccidents.com, which is a non-profit research and education site which focus on Amusement Park Safety.

          The list of amusement park accidents around the world is lengthy.  The site has been established to bring awareness to the risks associated with rides.  A similar site reviews accidents and causations at www.amusementsafety.org\safety_news_11.asp.         Families around the world find amusement parks a favorite destination year round.   The public relies upon the parks and fairs to ensure the rides are safe for the public.  Behind the scenes there are several organizations that also work to provide safe and enjoyable visits for guests at the amusement parks.  There are State laws that require the states to certified rides and provide inspectors  to police the facilities.  The International Association of Amusement Parks and Attractions (IAAPA) and the National Safety Council (NSC) have worked together to establish a nationwide amusement ride injury reporting system for all facilities that have permanent amusement rides in the United States.  These organizations have; for example (in 2009) determined there were approximately  280,000,000 guests in U.S. amusement park facilities and enjoyed 1.7 billion rides.  Only 65 of these personal injuries were reported as serious.  http://www.iaapa.org/pressroom/AmusementRideInjuryStatistics.asp

The Consumer Product Safety Commission also tracks injuries related to amusement rides.  They have established charts and tables summarizing ride related injuries for the years 1997 to 2006 which include the victim’s age and medical diagnosis as well as a description of the incident.  In 2006 this organization estimated that amusement rides caused 8,800 injuries  and most of these involved “gokarts”. 

 http://www.saferparks.org/safety/injuries/us_injury_statistics.php        

 Although the statistical odds of injury apparently are low the consequences of an accident can be catastrophic, including death.  Some amusement experiences are more risky than others.  Consumers should be very careful in choosing rides particularly for children.  If the ride simply looks poorly maintained or the operator appears distracted or the child is not well restrained, don’t allow the child to board the ride.  Clearly those seeking to enjoy an amusement park ride or involve their children in a ride can significantly reduce the risk of injury to themselves and other riders by simply paying attention and following the rules and not “horsing around”.  One must be realistic and use common sense when choosing rides for small children; and if you or your child have a condition, limitation, or disability you need to take the time to really consider whether the amusement ride is worth it. 

          Here are 10 tips to making your day at the amusement park safer  for your children:

1.      Be aware of the safety equipment limitations.  Ride manufacturers provide seat belts, lap bars, and other safety equipment to reduce the risk of injury.  However, many safety devices used on children’s amusement rides often aren’t well designed to keep young children in their seats.  You should not rely on lap bars and seat belts to restrain children!  Solid metal lap bars only fit closely against the largest passenger in the car often leaving young children with room to slide around and out.  Shockingly, there are no mandatory federal standards for the design of amusement rides and their safety devices.  Amusement rides are neither childproof nor often child-safe!  Watch the children using amusement rides before you decide to put your child  on the ride to see how they get along and are protected.  After  observation, use your common sense judgment to determine if the ride is safe for your children.  Do not rely on a ride attendant’s representative that the ride is safe for your child.  Judge for yourself!  If you have any doubt, Don’t ride.  http://www.saferparks.org/faq/

2.      Discuss the ride with your child.  Read warnings out loud to your child and discuss each warning.  Tell your child that even if the ride  stops, he/she can not attempt to get off the rude until the ride attendant says it is time.  Tell to your child that if the ride gets scary, do not attempt to get off no matter what is happening.  It is too dangersous.  Explain that rides might seem scary, but they are safe as long as the riders stay seated and  keep their hands, and hold on tight.  Let your child know how to “behave” and set a good “example”.   

3.      Always obey height, age, and weight restrictions. If your child does not meet the necessary requirements, do not attempt to “sneak” them on the ride.  These restrictions are there for a reason!  The  manufacturer of the amusement ride take into account the forces exerted by the ride and the maturity required to ride safely.  A child who does not meet the ride requirements may not be physically or mentally able to stay safety seated.  Also keep in mind that  manufacturers base their guidelines on height/weight ratios of children based on the average child.  So for example, children who are tall for their age may not be mentally ready for a certain ride.    The bottom line is if you cannot count on your child to stay seated with hands and feet inside, don’t let your child on the ride! 

4.      Don’t put children on rides that could scare them.  Most children who get scared try to “run” and may try to “get off” the ride.  Children are hurt every year becoming afraid and try to exit a ride while it is still moving.  Don’t put a crying child on a ride.  Ared child will get hurt more often than those who are calm. 

5.      Follow any special instructions about seating procedures.  Spinning rides sometimes require that smaller riders sit on the inside (closest to the center pole) to avoid being “smashed” by the bigger riders as the spinning force increases.  Thus, small children should be seated away from open sides.  If you ignore these instructions and reposition your child after the child has been seated , you may be endangering your children. 

6.      Never seat your child in your lap on rides.  If your child is on your lap and the safety bar is above the child’s lap, that position could cause the bar or belt to put too much pressure on your child’s small body.  If the ride doesn’t have restraints and the ride takes an unexpected turn, your child could slip out of your hands and out of the ride. 

7.      Stay out of the sun.  Statistics show that heatstroke and exhaustion out number all other injuries put together.  Stay hydrated and remember alcohol dehydrates. Use sunblock and wear comfortable shoes. 

8.      Teach your kids what to do if they get separated from you.  Have each child wear an ID (such as an ID bracelet, or personalized tag) that includes your cell number so that a security can call with the location of your child if lost.  Play the “What if…” game with your children so they know to stop a security guard if they get separated.  If you can afford it, consider a child locator or tracking device. 

9.      Don’t Over Do It:  If you have eaten a large meal or consumed alcohol, you should consider waiting an hour before riding a ride that spins.  Otherwise, you may not only feel sick, but also have an “bad”  experience.  Most people do better at amusement parks eating and drinking small amounts (plus lots of water) throughout the day. 

10.    Focus on your children: Do not leave your children on their own while you play games and ride rides. If your children are old enough to be on their own you should stay in contact by meeting at designated places and times to see how and what they are doing.  You should have fun but be responsible.  Pace yourself. 

The foregoing is found in The Safety Report – Summer 2011, Vol. 2, Ed. 3. P. 16-19 and Child Safety Techniques to prevent  Amusement Park Injuries at http://www.saferparks.org/pdf/child_safety_guidelines.pdf       

  These tips can be reviewed along with other suggestions at

           www.themeparkinsider.com/safety

 At least 44 States have regulations requiring inspection and safety enforcement.  In Indiana see: http://www.in.gov/legislative/iac/T06850/A00010.PDF?

          For other states see http://amusementsafety.org/states_beta.asp. The U. S. Consumer producer Safety Commission is authorized to investigate accidents and work with manufacturers to correct defects in carnival rides.  The State and Federal government are responsible for safety for rides in the United States.  Full burden regulatory saftey for permanent rides fall to the State government.  www.saferparks.org/regularion/

          We have successfully represented clients injured at amusement parks, carnivals, and fairs.  If you or a member of your family has been injured in an amusement park fall or carnival contact the Law Office of William (Bill) Hurst for a free consultation.  We would be happy to talk to you for free.  You may call us at (800) 636-0808 and see our website at www.BillHurst.com.  We do not charge a fee unless we win your case. 

www.indianapolisabogado.com

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• IS IT MORE DANGEROUS TO DRIVE DRUNK OR STONED ON MARIJUANA?

Filed Under: FAQs by jlong — Leave a comment
January 12, 2012

Marijuana is the most commonly used illicit drug in the United States.  It’s a dry green and brown mix of stems, seeds and leaves dried from the hemp plant, cannibus sativa.  It is generally smoked but can be mixed in food or brewed as tea.  In its more ­­­­­­­­­­­­­­diluted form, it is called “hashish”.  Scientists have learned a great deal about how marijuana acts on the brain to produce its many effects.  When smoked the active ingredient rapidly passes from the lungs into the blood stream which carries the chemical to the brain and other organs.  The drug acts on the brain’s “canniboid receptors”, setting off a series of cellular reactions that all lead to the “high” that users experience when they smoke marijuana.  The highest effect is in the parts of the brain that influence pleasure, memory, thinking, concentration and time perception.  Research into the effects of long term marijuana use on the structure of a brain has yielded inconsistent results as this article will reveal.  http://pbskids.org/itsmylife/body/drugabuse/article2.html

A recent study suggests that legalizing medical marijuana may reduce traffic fatalities. http://medicalxpress.com/news/2011-11-medical-marijuana-laws-traffic-deaths.html The researchers (Dan Rees Professor at the University of Colorado and Mark Anderson Professor at Montana State University) conclude that legalizing medical marijuana reduces alcohol consumption and reduce traffic deaths.  It is thought that people are more wary of driving when “high” than when drunk on alcohol.  The question is which drug (when one or the other is ingested) is actually more dangerous on the road.  The answer clearly is alcohol.  “Pot” does make drivers less able to complete mindless tasks like staying in a lane, while alcohol undermines behaviors that require more attention like yielding to pedestrians or taking note of stop signs.

www.Slate.com/articles/health_and_science/explainer/2011/11/does-make-you-a-more-dangerous-driver-than-alcohol.html See also

http://abcnews.go.com/blogs/health/2011/12/02/driving-stoned-safer-than-driving-drunk/

Yale psychiatrist, Dr. Robert Sewell reviewed academic literature on driving while intoxicated in his 2009 article and found that alcohol is significantly more dangerous.  A drunk driver is approximately 10 times more likely to cause a fatal car accident than a “stoned” driver.  In most studies smoking 1/3 of a joint or less has virtually no impact on a driver’s performance.  A couple of studies even suggest that pot smokers are less likely to cause an accident than sober drivers.  http://www.ncbi.nlm.nih.gov/pubmed/21601379

Despite the foregoing, experiments testing the skills required for driving under the influence of “pot” fare significantly worse than sober drivers; but when you put them behind the wheel they perform reasonably well.  Those who have smoked moderate doses of “pot” show minimal impairment; and very experienced “smokers” show almost no deficit at all (interestingly, habitual stoners are also better at driving drunk than non-smokers).        No one is sure how to explain these results!  Participants in one study who smoked 1/3 of a “joint” perceived themselves as being impaired even though the experiments suggest they were not.  By contrast, people who had two alcohol drinks thought they were fine despite performing poorly in driving tests.  Drunk drivers drive faster, tailgate and are more reckless.  Experiments using larger doses of marijuana indicate very “high” drivers can’t stay in a lane, react slowly to yellow lights and unexpected obstacles, and are unaware of speed.  The most consistent result found in these driving studies is that using marijuana and alcohol together creates a greater hazard than taking either one alone.  Drivers who are drunk and high seem to suffer from the worst effects of both drugs.  They meander, pass recklessly, drive too fast, take unnecessary risks, and are unaware of their incapacity and put pedestrians at risk. www.slate.com\articles\health_and_science\explainer\2011\ 11\does-marijuana-make-you-a-more-dangerous-driver-than-alcohol.html

Recently the Department of National Highway Safety; and, as well, the White House Director of the National Drug Control Policy have made public statements that marijuana is a significant and important contributing factor in the growing number of fatal accidents.  Despite this warning some States (for example California) argue the possibility that relaxed marijuana laws have created more drivers who are driving under the influence of pot than previously occurring; and that this is a safety benefit.  While it is an established fact that alcohol increases a driver’s accident risk but apparently the issue as to whether pot or marijuana places drivers at risk is still a matter of controversy in the literature.  There is no question that marijuana has a measurable effect on psychomotor skills, but despite this there is a significant question as to whether or not it plays a significant role in vehicle crashes.  As noted below there is an argument that marijuana use replacing alcohol use may make the highways safer.

The United States Department of Transportation’s 1993 report is one of the first studies where the driving performance under the influence of marijuana (THC) was studied.  This study is often cited in support of marijuana usage.  In this study, subjects under high doses were seen to complete every ride without a major intervention by driving instructors and their safety was never compromised.  These tests are “set forth” in the U.S. Department of Transportation National Highway Traffic Safety Administration, DOTHS808078, November 1993 study.

http://www.druglibrary.org/schaffer/misc/driving/contents.htm

It would seem that when it comes to speed and focus,  “high” and“drunk”

drivers actually have the exact opposite reactions.  Drivers under the influence of marijuana are more aware of their impairment and generally compensate for it by slowing down and increasing focus, while drunk drivers tend to drive in a more risky manner proportional to their level of intoxication, e.i., the more drunk, the more reckless the driving becomes.  http://norml.org/library/item/cannabis-and-driving-a-scientific-and-rational-review

While driving “stoned” is difficult to regulate by law enforcement, it should be kept in mind that it is a crime in most States; and being “stoned” does cause impairment which can lead to mistakes while operating  a motor vehicle under the influence of marijuana.  You are more likely to pull out in front of someone or run a red light.   And by the way, if you get caught, you could go to jail.

If you or a loved one has been injured in an accident caused by a person driving while under the influence of drugs or alcohol make sure you discuss your circumstances with a knowledgeable personal injury lawyer.  You may contact our office at 800-636-0808.  See our website at www.billhurst.com.  We charge no fee unless we recover for you and you can consult with us for free.

www.Indianapolisabogado.com

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• HOW TO AVOID A SLIP AND FALL ACCIDENTS ON ICE

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

How To Avoid A Slip And Fall | Slip And Fall Prevention In Ice And Snow Conditions

        While on sidewalks or entering and exiting your car or truck in parking lots or entering a building after a snow storm you must be aware of the dangers of snow and ice.  This time of year slip and fall accidents injure  and claim the lives of thousands, often causing devastating injuries.  As a matter of fact falls of all kinds account for 300,000 injuries and 20,000 deaths a year.  Slips, trips and falls are the second most common cause of accidental injuries after automobile crashes.  Even when surfaces do not look especially icy or slippery, it is very possible that a thin sheet of transparent ice is covering your pathway putting you at serious risk. When you approach a sidewalk or roadway that appears to be covered with ice or snow, always use extreme caution.  https://www.wcfgroup.com/sites/default/files/slips.pdf       

The following checklist can help you avoid the possibility of an injury from a slip on ice/snow that could lead to an medical costs, pain, disability and even death. 

        1.     When walking use sidewalks whenever possible. If there is no sidewalk and the street is clear, and you have no other choice, walk against the flow of traffic and stay as close to the curb as possible. Avoid walking in the streets if possible.  The vehicular traffic in the area can slip and go out of control also.  If you can’t avoid the street, wear bright or reflective clothing. 
        2.     Wear clothing that does not restrict your vision.  Don’t  impair your vision with hoodies, ski masks, scarves, hats, etc. This type of clothing could prevent you from spotting slippery conditions  or prevent you from seeing  a car that is spinning out of control.

        3.     When crossing the street use extra caution  and always cross at crosswalks.  Be vigilant about the traffic around you. 

        4.     Ice can easily hide under the snow so just because you don’t see the ice doesn’t mean it’s not there.  “Black” or “clear” ice is often difficult to see and results from thawing and refreezing.  Watch the freeze/thaw cycles which causes this invisible ice.  www.en.wikipedia.org/wiki/Black_Ice

        5.     When walking on unfamiliar sidewalks or roads be vigilant, as you may not have knowledge of where potential danger exists.

        6.     If you can’t avoid walking on the ice and snow, bend your knees slightly and take slower, shorter steps to help reduce the chance of a fall. 

        7.     If forced to use the steps at someone’s home, walk slow and take shorter steps when descending. The same is true of unlevel and hilly terrain; these areas are very dangerous when covered with ice or snow. Steps especially can be hard to clear and build up ice easily. So slow down and shorten your stride.  http://www.bcforestsafe.org/walking_on_slippery_surfaces.html 

        8.     Be aware of overhead hazards! Falling icicles and chunks of ice kill innocent people each year. Icicles can build up in size very quickly. Their size and dagger-like formation are extremely dangerous for pedestrians. so be aware of what’s happening above you, and stay clear from the edges of buildings.  Property owners should post warnings in public places.   www.accuweather.com/en/weather-news/dangers-of-ice-following-snows-1/44248

        9.     Even if your hands are cold, don’t put them in your pockets when you are walking on snow covered surfaces.  If you slip, you will need your arms to restore balance or to break your fall so you can land safely.  http://www.rsa.ie/Documents/Road%20Safety/Weather/Downloads/Top_10_Safety_Tips_Avoid_Slip_Fall_Ice_Snow.pdf

10.    Wear the proper footwear. Although it may not be glamorous to

wear a pair of boots, it will give you traction, not to mention keep your feet warm. If you want to wear heels or other kinds of shoes, simply carry an extra pair with you to change in to. http://www.rsa.ie/Documents/Road%20Safety/Weather/Downloads/Top_10_Safety_Tips_Avoid_Slip_Fall_Ice_Snow.pdf

11.    If you are walking on a particularly slick area of snow or ice, explore the area with your foot to see how slippery it is before you put your full weight on the area.

  1. Don’t carry large loads while walking on snow or ice – you need your balance and arms (hands free) to protect yourself and your face.  If you carry a load on an icy walk and feel yourself falling, toss your load so that you can break your fall with your arms. 

13.    Take small careful steps instead of large ones. When getting out of a vehicle, step, don’t jump.  Parking lot slips and injury are very common.  When possible, use handrails, handles – anything that will help you keep your balance.   www.wcfgroup.com/preventing-slips-and-falls

14.    Help your elderly friends and relatives on snow and ice. Slips and falls can be extremely dangerous for seniors. If you are older, ask others for assistance. http://www.safetyservicescompany.com/blog/winter-safety-7-tips-for-winter-slip-and-fall-prevention and http://www.cmu.edu/ehs/occupational-office/workplace-safety/slip-trip-fall.html      

Remember that prevention is the best way to stop slips and falls during the winter in icy conditions.  Be sure to shovel driveways, walkways, and sidewalks. Salt high traffic areas if you think ice may form. If there are especially icy spots, place a sign to warn others of the hazard.  www.cdc.gov/Niosh/docs/2011-123/pdfs/2011-123.pdf

        When you make a claim for your injuries after a fall you will be faced with the insurance adjustor and/or attorney claiming you were at fault; e.g., slip and fall accidents are often associated with negative connotations:  you were clumsy; you are trying to take advantage of the property owner; you are making something out of nothing.  Despite this defense slip and fall accidents can be physically and financially devastating, and you deserve compensation for any serious injury caused by someone else’s negligence.   If you aren’t sure who is at fault for injuries, a lawyer will be able to help you answer that question. Your chances of winning your case improve the sooner you act, the fall can be investigated whiel the evidence is “fresh”.  You have a better chance of taking photos of the scene as it was on the day of your fall.  

Your slip and fall lawyer will examine all of the evidence before you make a claim and advise you.  If the case ends up in a trial, the jury views liability for a fall more harshly than other accidents.  This is because in every falldown case the injured party participates in the event; i.e., put their foot where they should not have.  However, in the light of the law, a property should be safe for visitors no matter who they are or what they are doing at the time of their fall. It is easy to criticize the victim by weren’t “paying attention”, but you should also ask yourself,“Would I have fallen if there had been a “warning” or care had been taken to remove hazard?                                                                                                                                                                                                                          What happens if you slip and fall on ice at a friend’s house?  Chances are your friend has homeowners insurance  to protect for injuries on his or her property. Likewise, if your friend rents, there may be renters insurance.  In general before you can sue and recover you have to prove who is liable for the accident, but the homeowners insurance policy may also provide medical benefits which will not require proof of fault for payment up to a specified limit. 

For your premises you have to use common sense to protect against slippery hazards which could cause a person to slip and sue you.  Simply be vigilant of dangerous conditions in and around your property.  Be especially careful of water, snow, and ice, which are three main causes of fall injuries. If you learn of an unsafe condition, repair it immediately – if it can be proven that you knew about a hazardous condition that you did not fix, you will be found liable if someone falls.  In general, if you care for your visitors’ safety, you will not find yourself in a lawsuit.  http://www.nationwide.com/slip-and-fall-accidents.jsp?NWOSS=slip+and+fall+accidents&NWOSSPos=1.

            If you or a loved one has been involved in an accident involving a slip and fall and you would like to have consultation with an experienced attorney contact our office at (800) 636-0808.  You may meet with William “Bill” Hurst for a free consultation and he only charges a fee if you make a recovery.  http://www.billhurst.com. 

www.Indianapolisabogado.com

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• INDIANA LAWMAKERS CHANGE “MOVE OVER” LAW TO “MOVE IT” LAW FOR INDIANA MOTORISTS FACED WITH ON COMING EMERGENCY VEHICLES

Filed Under: FAQs, Personal Injury Cases by jlong — Leave a comment
December 30, 2011

INDIANA LAWMAKERS CHANGE THE “MOVE OVER” LAW TO “MOVE IT” LAW FOR MOTORISTS COMING UPON EMERGENCY VEHICLES

 

Under IC 9-21-8 et seq, an emergency vehicle is not relieved from the duty to drive with due safety for all persons on the highway nor from the duty to exercise due care to avoid colliding with a pedestrian.  However, the emergency vehicle does have priority rights on the roadway and requires appropriate care from motorists in the vicinity of the emergency vehicle to react to the presence of the emergency vehicle.  In the even you do not appropriately react bey moving your vehicle over in accordance with Indiana law you may be ticketed for “Failure to Yield to an Emergency Vehicle”.  Yielding to emergency vehicles require a full lane change to give the emergency vehicle room to operate unless it is impossible or unsafe see Indiana Code Section 9-21-8-35.

http://www.in.gov/legislative/ic/code/title9/ar21/ch8.html

One reason and perhaps the primary reason for this recent change of this law is as a result of police officers standing on the side of the road during a road side traffic stop, being involved in accidents, or near accidents.  The frequency of this event has increased over the past few years.  As a matter of fact statistically a police officer will be more likely to be run-over or struck by a vehicle during a traffic stop than he is  to be shot or stabbed according to current Indiana State Police statistics.   As a result, and in recognition of this problem, Indiana has enacted a “Move Over” law that requires a motorist who sees a stopped emergency vehicle on the side of the road to (if they are on a four-lane road); switch lanes so they are not in the lane next to the stopped emergency vehicle.  If the motorists cannot safely get into another lane, they are required to slow down and cautiously drive past the emergency vehicle.  Emergency vehicles are defined as police cars, fire trucks, and ambulances, as well as recovery vehicles and highway maintenance vehicles.  See, Indiana Code Section 9-21-8-35.

These changes in the law were made in the last Indiana State Legislative session.  The law originally required motorists to move over to a non-adjacent lane for stopped emergency vehicles, maintenance vehicles, and wreckers on multi-lane highways; and if that action could not be completed safely than motorists are required to slow their vehicles as they pass the emergency lights.  Under the recent change Indiana motorists are now required to slow their speed down to at least “10 miles” per hour under the posted speed limit. 

In addition the foregoing, Indiana law now requires a person involved in a  car crash to move the vehicle out of the traveled portion of the roadway if possible.  This new law has faced some criticism for the reason that some believe it is not wise for those involved in a motor vehicle accident to attempt to move their cars, and may end up endangering other drivers in the immediate area in the process.

For more in depth discussion of your duties in facing a vehicle with a siren or flashing lights see our blog http://blog.billhurst.com/tag/Indiana-code/

 If you or a loved one has been involved in an accident and you would like to have consultation with an experienced attorney contact William W. Hurst or call 1-800-636-0808 and meet with him for a free consultation and our office only charges a fee if you make a recovery.

www.indianapolisabogado.com

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• DISTRACTED DRIVING: THE “MAIN” CAUSE OF AUTO ACCIDENTS!

Filed Under: FAQs by jlong — Leave a comment
October 10, 2011

Distracted drivers cause  most motor vehicle accidents.  Studies show that distracted drivers are a leading cause of motor vehicle accidents.  Whenever you are driving in a motor vehicle and your attention is not on the road, you are putting yourself, your passengers, other vehicles and pedestrians in danger.  In the late 1970’s Indiana University’s “Study of Pre-crash Factors Involved in Traffic Accidents” identified driver inattention as the leading cause of automobile accidents in Indiana.  Current research tells us that something between 25% to 50% of all motor vehicle crashes in the United States have driver distraction as the root cause.  http://www.smartmotorist.com/traffic-and-safety-guideline/distracted-drivers-cause-motor-vehicle-accidents.html.

There are three main types of distraction:  1) visual – taking your eyes off the road, 2) manual – taking your hands off the wheel and 3) cognitive – taking your mind off what you are doing.  While a single distraction can endanger drivers’ safety, texting is the most alarming because it involves all three types of distractions.

Of the people who are killed as a result of distracted driving, 18% of all fatalities involve reports of cell phone use as a distraction.  The age group with the greatest proportion of distracted drivers was the under 20 age group.  Sixteen percent (16%) of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving according to a study by the National Highway and Transportation Safety Administration.  The drivers who use hand-held devices are four times more likely to get in serious crashes as reported by the Insurance Institute for Highway Safety  www.distraction.gov/statistics-and-facts/.

While cell phones certainly get a lot of negative media attention, other more low-tech distractions cause most traffic accidents.  Reports of spilling coffee, dropping something on the floor while driving are two of the distractions drivers cite most frequently as reason for traffic accidents according to a recent study done by the Network of Employers for Traffic Safety (NETS). Other cited distractions include dialing the radio or working the climate control system. Some motorists even report attempting to read newspapers as a distraction while they are driving.

More than 85% of 100,000,000 cell phone users regularly talk on the phone while driving says a survey by Prevention Magazine.  In 1997, a study by the New England Journal of Medicine found drivers who talk on cell phones are four times more likely to be in an accident than drivers who don’t.     The National Safety Council has recently reported that 28% of all traffic accidents occur when people are talking on cell phones or texting. http://www.washingtonpost.com/wp-dyn/content/article/2010/01/12/AR2010011202218.html.   Drivers throughout the country report seeing distracted drivers talk on cell phones as they drift into other lanes and run through red lights and stop signs.  Certainly all recent development in cell phone technology including voice-activated dialing and built-in speaker phones help drivers’ concentration on the roadway.  Also recent developments have been urged to lessen drivers’ cell phone usage.  Since 1995, forty states have proposed bills concerning cellular phone use in cars, but the $40 billion a year cell phone industry has successfully lobbied to keep most of these laws “off the books”.  The industry claims that not only are cellular phones safe to use while driving, but cell phones help drivers by allowing them to quickly report emergencies such as accidents and car jacking.  These proposed laws are in flux.

The vast majority of these crashes (1.4 million annually) are caused by use of cell phones in conversations with about 200,000 blamed on texting according to a report from the National Safety Council.  Because of the extent of this problem, Federal transportation officials have unveiled an organization patterned after Mothers Against Drunk Drivers that will combat driver cell phone use.  The group (“Focus Driven”) grew out of a meeting on distracted driving sponsored by the United States Department of Transportation last year. This organization will promote laws banning cell phone usage.  Currently nineteen states are reported to have banned text messaging while driving; however, in four of those states, laws require that a police officer have some other primary reason for stopping a vehicle.  This obviously makes it near impossible for police to enforce this law effectively.  President Obama last year imposed a text ban on all federal employees while using government vehicles or using government issued phones in their own vehicle.  In Indiana, a ban on texting while driving took effect July 1st.   A Butler University (Indianapolis) psychology professor has indicated that texting has become so ingrained that it is almost an addiction and the prospect of a fine up to $100 may only just make people try to hide what they are doing but not prevent it.  The professor states that she believes that this could just make the safety concerns even worse. www.wibc.com/news/Story.aspx?ID=1424968.

In addition to “Focus Driven” many other organizations have recently begun lobbying for cell phone probation laws.  For example, the AAA Foundation for Traffic Safety and Nationwide Insurance states they will educate people about the risk of cell phone use while driving to create public support for laws and changing behavior to reduce crashes. http://www.nsc.org/pages/nscestimates16millioncrashescausedbydriversusingcellphonesandtexting.aspx.  It is believed law enforcement can be useful to a degree in banning specific acts but banning specific actions is not the best preventive medicine.  The National Motorists Association believes that distracted driving in all forms can best be addressed through efforts to educate of its dangers.  Reinvesting public resources into educational public relation efforts focused on inattentive driving would be far more productive use of these funds.  http://www.motorists.org/distracted-driving/.

One may ask, “Are driving distractions really as dangerous as the research has claimed they are?”  For five real life examples of distracted drivers getting into very serious accidents, see http://www.vehiclevibes.com/2010/01/distracted-driving-accidents/.  These examples range from a person looking at a Blackberry navigation to a train engineer texting while operating a train.  For example, in February 2011, an 18-year old driver was speeding and struck and killed two people and seriously injured a child in an accident in North Carolina.  This teenager was arrested at the scene and charged with “misdemeanor death”.  The child was being pushed in a stroller by his grandfather or mother when the crash occurred killing both the grandfather, the mother and critically injuring the child.  The distracted driver claims that she was reaching for her cell phone and took her eyes off the road.  This accident serves as a reminder of how easy it is to lose concentration when behind the wheel and how serious the results for doing that can be.

Scientists/researchers at the Temple University, state that while everyone knows distracted driving is dangerous, there is evidence that driver use of mobile devices is recently increasing.  The research finds there is a widening gap between the evidence of distracted driving and the laws being passed to address the problem.  The purpose of the Temple University study is a first step towards understanding which laws really “could or may” reduce distracted driving, and thus reduce related crashes and associated injuries and fatalities.  This Temple University study looked at enforcement and penalties of violations of the laws which vary from State to State as of November, 2010, which includes 39 states plus Washington, D.C.   http://www.tgdaily.com/mobility-features/56502-distracted-driving-laws-in-disarray-says-researcher.

If you or a loved one has been injured by a distracted driver, call i-800- 6360808– William “Bill” Hurst – for a free consultation.  We only charge a fee if we win your case!

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SELECTING A GOOD PERSONAL INJURY LAWYER IN INDIANA

Filed Under: FAQs, Indiana News Articles, Personal Injury Cases by jlong — 1 Comment
July 15, 2011

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.

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YOUR SLIP TRIP AND FALL LAWYER

Filed Under: FAQs, Personal Injury Cases by jlong — Leave a comment
May 12, 2011

 Over 540,000 Slip-Fall injuries, requiring hospital care, occur in in our country each year.  These falls resulting in injuries count for more than 300,000 disabling injuries per year.  One in three serious orthopedic injuries for seniors result in death, within one year of the accident and Slip-Falls account for over 20,000 fatalities each year.  It is the second leading cause of accidental death and disability after automobile accidents. Accidently slipping, tripping and falling is the number one cause of accidents in the businesses, hotels, and restaurants and 70% occur in flat and level surfaces.  Accidental falls are the leading cause of death in the construction sites and the source of more than 57% of all disabling injuries.  There are obvious social burdens related to this problem, including Worker’s Compensation claims of over $1.8 Billion a year.  The total expense resulting from slip-fall injuries alone is a $100 million per day problem.http://hspsupplyinc.com/stats.htm

All businesses that are open to the public have an obligation to maintain safe conditions. This means they are required to inspect their premises, and to eliminate any slip and fall hazards before someone is injured.  Businesses are not automatically liable for injuries sustained on their premises. If a person slips, trips and falls in a business, the person injured must present evidence that the hazard existed long enough that a reasonably prudent business owner or manager should have known about it, and did not place warning signs, cordoned off, or effectively remove the hazard the business may be liable for all injuries and damages that result.  

These standards setforth a general requirement for walking working services as well as guarding, floor, wall, ladders, and scaffolding and the like.  In Indiana and most every state there are certain elements that the person that slipped and fell was injured must prove.  In the slip and fall case it must be shown that this condition caused the injury and the dangerous condition was the defendants fault.  Certainly if it was the store owner or owner of the premises knew of the dangerous condition and failed to  remedy it or provide warning to the victim the meeting of the victim is easily fulfilled.  However in that a person must show that this hazardous condition existed on the premises and this condition while not known to the defendant should have been known and failed to adequately remedy it or warn then the owner of the premises   may be liable. 

For example, if a spill occurred, and shortly in time thereafter the victim falls a claim usually fails to disprove the timing of the spill and the fall was not close in time as often as possible The information needed to approve how long the condition remained unattended is offent; particulary if this information is sought several months

          In the United States the grocery store industry spends 450 million dollars annually to defend slip and fall claims (NFSI).  In supermarkets and restaurants slip, trip and falls are the number one cause of both employee and guest injuries.  Since 1980 personal injury lawsuits have risen by more than 300% in the food service industry.  The average restaurant has three to nine slip and fall accident each year (NFSI).  The average cost of the business to defend a slip, trip and fall lawsuit is $50,000.00 (NFSI).http://www.consolidatedfloorsafety.com/testimonials.html

          Most major businesses develop slip and/or trip and fall prevention plans which include walkway safety audits and slip tests to confirm that the floor surfaces meets OSHA and ADA Federal guidelines.  Indeed many insurance carriers recognize a written slip or trip or fall prevention plan substantially reduces liability and offer discounts on business liability insurance and workman compensation insurance policies.  The American with Disabilities Act offers a substantial tax credit to help fund needed repairs and alterations to eliminate slip, trip or fall hazards in the work place.

          It is expected that slip, trip and fall accidents and lawsuits are expected to increase in the next few years as the age of the US “Baby Boomer” population increases.  Seniors are more likely to experience slip, trip and falls and their injuries include hip fractures, spinal injury and even death.

The settlement value of slip, trip and fall accidents may be larger than one might think.  For example, in 2008 a Pennsylvania medical student settled a slip and fall case for $18 million dollars for falling into a manhole cover.  Where he fell 18 feet causing him to suffer a severe spinal injury.  A Virginia woman was awarded $12.2 million in late 2007 when she slipped in a “puddle” caused by a leaking awning on a convenience store.  This woman was left with permanent brain injuries. http://accident-law.freeadvice.com/slips_falls/slip-fall-lawsuits-on-the-rise.htm

          Why are there so many falls? To understand why there are so many slip and falls is somewhat more complex than one might assume.  Numerous studies have been conducted to understand the complex dynamics involved in a simple slip, trip and fall.  For an in depth discussion of the relationship of human interaction and surface upon which people stand, walk, or climb see an in depth article at lawguru.com.http://www.safety-engineer.com/complex.htm.  This article discusses the human element in slips and falls as well as the types of falls and causes thereof. Especially in a slip and fall case it is important to see an experienced attorney so that evidence such as store videos, witnesses and photos can be preserved.  As time passes evidence becomes very difficult and diminishes the victim’s chance for recovery. 

          OSHA has created standards for walking/working services that apply to all places in employment except where there is only domestic, mining, or agriculture work being preformed.  http://www.osha.gov/SLTC/walkingworkingsurfaces/index.htmlStatistics show that the majority of falls happen on level surfaces and the remaining 40% are falls from height such as falls from an elevation, ladders, stairs and the like.  Slips occur where there is too little traction between the foot wear and the walking surface.  Trips occur when the foot slides or strikes an object and you lose balance and fall.  Good housekeeping and quality walking surfaces as well as selection of the proper foot wear and appropriate pace of walking are critical for preventing slip, trip and fall accidents.  You can reduce your risk of slipping by taking your time and paying attention to where you are going, adjusting your stride and pace that is suitable for the surface, walking with your feet pointing slightly outward and make wide turns at corners.  You can reduce the risk of tripping by having lights on surfaces that provide sufficient light for the task, using a flashlight in a dark room, insuring the things you carry or push will not prevent you from seeing obstruction, spills, etc.  OSHA has a number of programs and courses on preventing falls, slips, and trips.  http://www.ccohs.ca/oshaanswers/safety_haz/falls.html

Liberty Mutual has published a number of publications regarding  slips, trips, and falls evaluating the many factors that cause and contribute to these accidents.  The list may be seen at:  http://www.libertymutualgroup.com/omapps/ContentServ?pagename=LMGroup/views/lmg@ft=5@fid=11383654473615@lm=en 

For more information on slips, trips and falls See Occupational Health and safety administration  WWW.cpsc.gov  

National AG Safety Data Base WWW.cdc.gov/nasd

The NASD – National AG Safety Database University of Florida states that in 1999 over 17,000 Americans died as a result of falls.  The NASD states there are specific behaviours that can lead to slips trips and falls.  Walking to fast or running and most force is exerted when the heel strikes the ground but when fast walking or running one lands harder on the heel of the front foot and pushes harder off the sole of the rear thus a greater friction is required to prevent slips and falls. Rapid changes in direction contribute to falls, distraction, which is not watching where one is going and or carrying materials that obstruct your view.  It is clear that less frequent elevated levels result in the most severe injuries.  Indeed 17% of all serious injuries are from elevated levels, only 8% of serious injuries are from the same level falls.  Http://www.nasdonline.org/document/208/d000006/preventing-injuries-slips-trips-n-falls.html

In January 2011 OSHA presented a “slip, trip and fall” prevention suggestions in their article released “Slip, Trip, and Fall Prevention for Healthcare Workers”.  In the article OSHA reports the rate of lost work day injuries from the same level slips, trips, and falls at the hospital was 38.2 per 10,000 employees.  Figure that is 90% higher than the average rate for all other private industries combined.  Researchers analyzed that workman’s compensation injuries claims for acute care hospitals analyzed workers compensation injuries and found that slips, trips, and falls most commonly resulted in injuries to the lower extremities, knees, ankles, and feet made up of 44.9% of the cases and the nature of most injuries was often sprains and strains – to the back and neck, dislocations and tears representing 48.3% of the cases.  To download the repost which includes a comprehensive plan to preventing slips, trips, and falls vist http://ohsonline.com/articles/2011/01/05/niosh-publishes-guide-2-preventing-health-care-falls.aspx

The National Floor Safety Institute http://www.nfsi.org has developed standards for slip, trip and fall prevention.  These safety standards are intended to provide preventable measures in all manner of pedestrian ambulatory safety in regards to slip, trip and falls and is titled “B101Safety Requirements for Slip, Trip, and Fall Prevention”. 

Purdue University Indiana has done an intensive study regarding slip, trip, and fall injuries.  Indeed they determined that slip, trip, and falls are the leading cause of occupational injuries at Purdue University.  Their studies have determined that surface conditions are the biggest contributing factor.  The slightest differences in walking surfaces even as minor as 3/8” may create a slip or trip fall hazard.  50% of the causes of slip, trip or fall injuries is the flooring but the second most contributing factor is the foot wear of the victim.   www.purdueeducation/rem/injury/stf.htm

            Don’t be a Victim!  If you are injured because someone else did not maintain their property you should contact an experienced lawyer in dealing with these issues.  William “Bill” Hurst represented hundreds of clients who have been hurt by others.  To speak with “Bill” call 1-800-636-0808 for a free consultation. See our website at www.billhurst.com .

www.indianapolisabogado.com

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BEST LAWYERS IN AMERICA – HOW DO YOU FIND ONE?

Filed Under: FAQs, Personal Injury Cases by jlong — Leave a comment
March 25, 2011

Best Lawyers in America is the oldest and most respected peer-review publication in the legal profession.  Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.  In the U.S., Best Lawyers publishes an annual referral guide, The Best Lawyers in America, which includes 41,419 attorneys in 126 practice areas, covering all 50 states and the District of Columbia.

The current, 17th edition of  The Best Lawyers in America (2011), is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

Because lawyers are not required or allowed to pay a fee to be included, a listing in BEST LAWYERS is widely regarded within the legal profession as a singular honor, conferred on a lawyer by his or her peers.  For more than 25 years, Best Lawyers lists have earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referral anywhere.

It is important to note that the lawyers listed in Best Lawyers have no say in deciding which practice areas they are included in.  They are voted into practice areas entirely as a result of the votes they receive from their peers.  The sub-specialties listed after their names are based on information from a variety of sources.

Lawyers are nominated to BEST LAWYERS in three ways.  First, all of the lawyers in the previous edition of Best Lawyers are not automatically nominated into the next edition.  Second, during the voting process, voting lawyers are asked to nominate any outstanding lawyers who have not yet been nominated.  These Best Lawyer nominations are generally for lawyers at other firms and register as votes as well as nominations.  There are several categories including personal injury lawyers; those who represent the plaintiffs and those who represent defendants.  If you are looking for a personal injury lawyer and select one of these lawyers, you can be sure that the lawyer is in good standing and has the confidence of the legal community.

As soon as the selections are finalized, the selected Best Lawyers are checked against state bar association sanction lists to make sure that every lawyer is in good standing with the ethics committee of his or her state bar.  Then letters of congratulation are sent to all the listed lawyers.  At the same time, marketing directors receive summaries of the survey results for their firms, including lists of returning listees, new listees, and quantitative information comparing the firm’s survey results to those of other firms in the city, state, region, or nation.

For more information see www.bestlawyers.com.  For a lawyer who has been listed as a Best Lawyer in area  personal injury Indiana, see www.billhurst.com.   Bill Hurst has been selected as a “Best Lawyer” in Indiana for over 20 years.

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