Bloomington Personal Injury Lawyer - Automobile Accidents

Pain Caused by Drunk Driver Never Goes Away

Fred Schultz — Fri, 07 Aug 2009 11:46:28 GMT

I was really moved by an article in today's paper. Larry Haywood is a victim of a drunk driver who killed his daughter and grandson twenty years ago. This week, he was speaking to a group of 250 people who were on probation for drunk driving, and who were required by the Court as part of their probation to attend Mr. Haywood's presentation.

Mr. Haywood told the room of people that on the night of the crash, his daughter and grandson stopped by so that his grandson could show off his new clothes and school supplies that he'd gotten for his first day of kindergarten. Tragically, they were both killed that night on their way home by a drunk driver who crossed the center line.

“He didn’t get to take that box of crayons to school...He didn’t get to ride that school bus...It don’t always happen to someone else,” Haywood told his captive audience, some with tears spilling down their faces. “My daughter only had four miles to go. Yesterday, 20 years ago, Tina and Eddie were killed. Today is the day we were making funeral arrangements.”

Maybe this article hit home with me because my son is starting kindergarten next week. Maybe it hit home because I've unfortunately represented so many clients who have either been seriously injured or lost a loved one because of a drunk driver. My guess is that it's probably a combination of both.

I applaud Mr. Haywood's courage. It takes a lot to be willing to stand up in front of other people and share such a painful part of his life. After all, every time he tells the story, he relives it. The wound is made fresh all over again.

However, I have no doubt that over the years he has helped many people make better choices with their lives. We can't know how many people he has saved from a similar fate, from suffering such a horrible and unnecessary loss. I'm sure, though, that there are people who leave his presentation and commit themselves to never drinking and driving again. As a result, our community is a little bit safer each time he courageously steps onto that stage and shares how his life was forever changed.

Thank you, Larry Haywood. Thank you.

Originally posted at InjuryBoard by Fred Schultz

Owen County Car Crash a Reminder of the need to Drive Safely

Fred Schultz — Mon, 20 Jul 2009 13:18:03 GMT

An early morning car crash in Owen County is a stark reminder of the need for all of us to be careful while driving. According to the Herald Times, two vehicles were involved in a collision where one of the vehicles was going too fast. One person was killed and another was life-lined to Indianapolis for urgent medical treatment.

The accident was reported at 2:57 a.m. at the intersection of Millgrove and Quincy roads, according to the Owen County Sheriff’s Office. When emergency personnel arrived on the scene, one car was found inverted off the road. Inside were two men still restrained in their seats.

The report did not indicate whether alcohol was a factor, or whether one of the driver's fell asleep at the wheel. Given the early morning hour of this crash, those are things that police officers will likely look into.

In 2008, over 34,000 people were killed on America's roads and highways as a result of motor vehicle collisions. That averages out to over 93 people who are killed every day in car crashes. While its unrealistic to think we can do away with all traffic accidents, there are some things we can do to improve the chances that we are not involved in a serious crash.

Simple reminders to not use excessive speed, wear your seatbelts, and never - ever drink and drive really do make a difference. We cannot control how someone else will drive, but we can control our own actions. Make sure that everything you do while behind the wheel puts safety first.

Originally posted at InjuryBoard by Fred Schultz

Another Drunk Driving Accident Causes Injury

Fred Schultz — Mon, 26 Jan 2009 13:22:41 GMT

Unfortunately, another person in Monroe County was injured by a drunk driver last Friday evening. The accident occurred at the intersection of S.R. 45 and Elwren Road when the drunk driver was unable to stop his vehicle in time and proceeded into the intersection, causing a collision with another vehicle. The driver ofthe other vehicle was taken to Bloomington Hospital, while the drunk driver was taken to jail.

After medical staff reported the smell of alcohol on Harden, Monroe County Sheriff’s Deputy Randy Jacobs conducted field sobriety tests, Thomas said. Harden failed them and was brought to Monroe County Jail.
His blood alcohol content was 0.11, police said.

Many people fail to realize that they are not just endangering themselves, but other people as well, when they drink too much and try to drive home. Depending on the person's body weight, it often takes significantly less than one might expect to register 0.08 BAC, which is the legal limit.

Of course, people who are injured by drunk drivers are able to bring claims against the drunk driver and their insurance company for their medical expenses, lost wages and compensation for the injury itself, ofte called "pain & suffering." However, the injured party can also seek punitive damages from the drunk driver because Indiana law recognizes drunk driving as being a wilful, wanton and reckless act. Punitive damages are intended to punish the wrongdoer, not necessarily to compensate the victim. Therefore, punitive damages are generally not covered by insurance. Also, Indiana law holds that any amount of punitive damges received is divided between the victim and the State of Indiana.

Bottom line, if you drink too much, it is far cheaper to just call a cab or have a friend take you home. Unfortunately, not everyone understands this and people are still being hurt because of it.

Originally posted at InjuryBoard by Fred Schultz

Accident Reconstruction Experts Investigate Serious Car Crash

Fred Schultz — Fri, 21 Nov 2008 15:45:04 GMT

The Bloomington Herald Times Online reports that a serious car crash occurred this morning at the intersection of S.R. 37 and Victor Pike. Both the the Monroe County Sheriff's Department and the Bloomington Police Department are investigating the accident which injured at least four people, including two children. As always, our thoughts are with those who were injured in this collision, and we wish them all a speedy recovery.

Accident reconstructionists from the Monroe County Sheriff’s Office and Bloomington Police are on the scene investigating the two-vehicle crash.

I find it interesting that this crash is being investigated by accident reconstruction experts, only because reconstructionists are not used in most car accidents. An accident reconstruction expert is someone, usually a law enforcement officer, who has undergone extensive additional training in the area vehicle crash investigations. Their training focuses on all the factors involved in vehicular crashes, including speeds of vehicles, the type of road surface, weather conditions, vehicular crush damage, etc.

Accident reconstructionists will gather all kinds of information from the crash site, including information regarding the vehicle debre pattern, gouge marks in the roadway, length of skid marks, witness statements, and then write a report that literally "reconstructs" the events leading up to the collision and assess who is at fault for the accident.

The field of accident reconstruction relies on scientific principals, not just on eye witness memory of what happened. Good accident reconstructionists have a strong working knowledge of physics, including co-efficients of friction between tire tread and road surfaces, the weights of various vehicles and how that relates to the stopping speed of a vehicle, as well as the force created by the impact of one vehicle upon another vehicle. It comes as no surprise that some of the best accident reconstruction experts have backgrounds in both law enforcement and engineering. Because of this extensive training, most law enforcement departments only have one or two officers trained in accident reconstruction. Many smaller departments don't have any certified accident reconstructionists on staff, and have to call upon the Indiana State Police to provide one if there is a accident involving serious injury or death.

Originally posted at InjuryBoard by Fred Schultz

With Colder Weather Come Slippery Roads - Be Careful!!

Fred Schultz — Tue, 28 Oct 2008 16:18:32 GMT

Today's serious collision on the Indiana Toll Road is a reminder that, with cold weather comes icy roads. According to news reports, icy roads combined with driver inattention, may have been the cause of several accidents in northern Indiana.

Trooper Todd LaBonne says a tanker truck was involved in a crash when traffic was stopped for the helicopter to evacuate a victim in the earlier accident. One person was seriously injured.

With winter coming, we are all facing the reality that the temperature is going to drop, with ice and snow soon to follow. Remember, over 2 million people a year are injured and 40,000 killed in automobile accidents. These staggering statistics are a reminder of how important it is to stay alert and drive safely. There are little things we can all do to help ourselves avoid accidents. For example, it is amazing how many of us are likely driving around on tires that need replacing. Now is a good time to have your tires and brakes checked before the worst of winter weather arrives. Spending a few hundred dollars now on a new set of tires might save you a lot more money down the road!!

If you are involved in an auto accident, there are some important things to remember. Obviously, make sure that anyone who needs immediate medical attention gets it. Assuming that you do not need immediate medical attention, always notify the police and always exchange insurance information with the other drivers involved. Also, do your best to get the names and contact information of witnesses to the collision. Finally, stay safe!! Do not put yourself in further danger by being hit again by other vehicles who are trying to navigate their way around the collision.

Once you are clear of the scene and have had an opportunity to receive medical treatment, notify both your insurance company and the insurance company for the other party. Sometimes, people are reluctant to notify their own insurance carrier, especially if they do not think they are at fault. They'd rather just notify the other person's insurance. However, even when you are not at fault, your own insurance company needs to know about the accident. Often times, they can be very helpful in getting your medical bills paid. Also, they can often help you deal with the other insurance company with regard to property damage, rental car reimbursement, etc. I've even had clients come to me because their own insurance company suggested that they get a lawyer.

Just remember, cold weather means wet, icy,slushy roads are on the way. Take some time and make sure that your car is ready for winter!

Originally posted at InjuryBoard by Fred Schultz

Drunk Driver Charged with Hit and Run

Fred Schultz — Wed, 01 Oct 2008 16:17:12 GMT

A Bloomington woman has been arrested for drunk driving and leaving the scene of an accident after she apparently struck a pedestrian and then fled the scene. Police officers followed up with eye witnesses who said that the vehicle struck a pedestrian at the intersection of Third Street and Patterson Drive, and then drove off down a side street.

During the investigation, deputies from the Monroe County Sheriff’s Office were sent to a home on West Evergreen regarding a vehicle with extensive damage to the windshield. Police interviewed Dishman, who initially denied hitting anyone or even driving.

Police continued to interview Dishman who displayed signs she was intoxicated. After continued questioning, Dishman admitted she struck someone and left the scene. According to the police report, she left because she thought she was wanted on warrants.

It's terrible to think that someone would be so uncaring about a fellow human being. Obviously, our thoughts are with the victim in this case and we hope that he has a full and speedy recovery. I have scene a number of such cases in my practice. For whatever reason, people sometimes panic after an accident and try to run away from it.

If you are the victim of a hit and run accident, there are certain things you need to do. Obviously, get whatever medical attention you need first. Make sure that the incident is reported to both the police AND your insurance company. The police will obviously do whatever they can to try and identify who the driver was. Fortunately, in this instance, they were able to get enough information to track the person down and charge her with both drunk driving and leaving the scene.

If for whatever reason, the wrongdoer cannot be identified, your own insurance policy will often have "uninsured motorist coverage." The whole purpose uninsured motorist coverage is to protect you from someone who either does not have insurance or who flees the scene and cannot be identified. You will need to turn all bills for property damage and medical expenses in to your insurance so that they can be paid.

Your uninsured motorist coverage is there to pay all the damages that the wrongdoer and/or his insurance would have had to pay you. This includes your property damage, medical expenses, and lost wages. It also includes compensation for the for the physical injuries you suffered - which is compensation beyond your lost wages and medical bills. If the person who caused the accident is later identified, your insurance will have a right to pursue them for what is called "subrogation," which is a legal term for reimbursement of whatever amount of money they pay out for your damages.

It would be good to check with your insurance agent now to make sure you have proper coverage in the event that something terrible like this happens.

Originally posted at InjuryBoard by Fred Schultz

"Operation Pullover" gets Drunk Drivers Off the Streets, and Saves Lives!!

Fred Schultz — Fri, 15 Aug 2008 11:08:49 GMT

I was very glad to read that the Indiana State Police are going to start "Operation Pullover" today. The goal of "Operation Pullover" is to catch drunk and impaired drivers before they cause traffic accidents that cause injury or death to others, so I applaud the State Police for this.

During the campaign, which runs until Sept. 1, officers will work overtime to conduct sobriety checkpoints, roaming patrols and use other enforcement tools in an effort to find impaired drivers.

In 2007, over the Labor Day holiday, Indiana had 11 deaths. As of Thursday, Indiana had 454 traffic-related fatalities, down 114 from the same period last year.

I have represented too many people who have either been seriously injured or suffered the tragic death of a family member because of drunk drivers. In fact, I just attended a hearing yesterday in the criminal prosecution of a drunk driver who severely injured one of my clients. People don't appreciate the danger they pose to others when they have a few drinks and then get behind the wheel of a car. Accidents can happen in a split second, and when you are driving a 3,000 pound vehicle at 60 miles per hour, the effects can,and often are, devastating.

According to the Center for Disease Control, or CDC, alcohol related motor vehicle accidents kill someone every 31 minutes, and injure someone every two minutes in the United States. Once the accident occurs, it is too late for the legal system to undo the damage. All that can be done is to punish the drunk driver criminally, and hold him or her responsible for the damages they caused in a civil court. That is why drunk driving prevention is so important. By pro-actively putting more police officers on the streets and catching the drunk drivers before accidents happen, we can hopefully save lives and prevent unnecessary heartache for many, many families out there.

So, let's hear it for "Operation Pullover!!"

Originally posted at InjuryBoard by Fred Schultz

Accidents Happen, Even to Movie Stars. So Make Sure You are Covered!!

Fred Schultz — Tue, 05 Aug 2008 10:16:38 GMT

Like many people, I check CNN.com every day for updates in world events and other news. I was surprised to see yesterday that one of my favorite actors, Morgan Freeman, was apparently seriously injured in a car accident last night. Morgan Freeman has starred in some of my favorite movies including Glory, Shawshank Redemption, and too many other great movies to remember off the top of my head. From news accounts, it sounds like he was awake and alert at the scene and even making a few jokes, which is of course a good sign that he's going to be alright. Regardless, our thoughts and prayers go out to him and his family and we all hope for a speedy recovery.

However, reading the story reminded me that auto accidents can happen to anyone, even a movie star. Even when we take precautions, drive safely, and wear seat belts, we cannot prevent someone else from driving recklessly or not paying attention to the road. There was even an Editorial in this morning's paper that Bloomington, Indiana has an unusually high rate of aggressive drivers. That is why it is important to take some time to and educate ourselves on appropriate levels of insurance coverage and how insurance policies work.

Monroe County’s rate of aggressive-driving collisions is almost three times the state average. According to the report, the primary behaviors exhibited in aggressive driving include failure to yield the right of way, disregarding a signal or sign, improper lane usage, improper turning, following too closely, unsafe speed and improper passing.

First, it is important to make sure that you have a good insurance company. It's difficult to sometimes know what is a good insurance company. There was a recent study done by the American Association for Justice which listed the Ten Worst Insurance Companies. I blogged about that topic a couple weeks ago. Suffice it to say, it would be a safe bet to stay away from those companies.

Once you have identified a good insurance company (and don't make that decision just on pricing), make sure that your policy includes such things as "medical payments coverage" and "Uninsured/Underinsured motorist coverage" in addition to liability and property damage coverage. Medical payments coverage, or "medpay," is insurance that covers your medical bills, regardless of whether or not you were at fault for the accident. Even if you already have health insurance, medpay can be used to cover your deductibles and co-pays. That way, you don't necessarily have to be out-of-pocket for medical bills from an accident.

Uninsured/underinsured motorist coverage is insurance that protects you in the event that the person who caused the accident did not have any insurance, or just had minimum limits which are not enough to cover all the damages you sustained. Even though most states require that drivers have proof of insurance before they can renew the driver's license or license plates for their vehicle, it is not uncommon for people to be uninsured. It is actually easy (unfortunately) for people to get around the requirement because High Risk carriers (insurance companies that insure people with multiple accidents, tickets, DUI's), usually charge their premiums on a monthly basis. Therefore, many uninsured people buy one or two months worth of insurance coverage, receive the "proof of insurance" form in the mail, take it to the license branch to renew their license, and then simply stop paying the premiums the following month. By making sure you have uninsured/underinsured motorist coverage on your policy, you can protect yourself in case someone else doesn't have any coverage.

Sometimes people ask me "how much is enough?" I generally recommend that people have at least $100,000 in liability coverage, $100,000 in Uninsured/Underinsured, and $5,000 in medpay coverage. If you can afford more coverage, then you should buy more. It's usually not as expensive as people think, and you can usually receive a discount if you insure your house and your vehicles with the same company. Also, I would encourage people to look into buying an "Umbrella" policy. This is extra coverage that provides liability coverage and (usually) uninsured/underinsured coverage on both your house and your vehicles, and is generally sold in increments of $1 million in protection. My experience has been that umbrella policies are relatively inexpensive, especially for the amount of coverage they provide.

So, remember, accidents can happent to anyone, even movie stars, especially with so many agressive or reckless drivers out there. We can do our best to drive safely, but we still need to make sure we plan for the unexpected. Do yourself a favor. Take a minute to look over your insurance coverages. If you have questions, call your insurance agent and ask what the policy means. Its a very simple, but very important way to protect you and your family.

Originally posted at InjuryBoard by Fred Schultz

Reckless Driving Creates Risk of Injury to Others

Fred Schultz — Tue, 29 Jul 2008 13:13:35 GMT

Yesterday, an Indianapolis man was stopped by a State Police Trooper for going 127 miles per hour in his Corvette on S.R. 37, and was also driving with a suspended license.

Indiana State Police Trooper Dustin Starnes was patrolling Ind. 37 when he saw the northbound 1989 Corvette traveling 127 mph in a 60 mph zone.
“Before I could get a radar clock on the vehicle, I knew it was going to be extremely fast,” Starnes said of the Thursday incident. “That is the fastest speed I have stopped in the Mustang”.

This is a perfect example of why the Indiana State Police patrols on our state highways are so important to all of us. Trooper Starnes very well may have saved someone's life when he pulled the Corvette over. It's not uncommon for many of us to speed a little bit, even though we know we shouldn't. However, this is simply an unbelievable example of reckless disregard for the safety of others.

We all share the roadway. It's not just what we do that keeps us safe, but what other drivers do as well. At 127 miles per hour, the driver of the Corvette was going too fast to appreciate the movement of other vehicles around him, and he was going too fast for other drivers to make safe decisions because they likely could not appreciate how fast the Corvette was actually traveling. Simple things like changing lanes, or crossing intersections become very hazardous when a vehicle is traveling at such high speeds.

The U.S. Department of Transportation's National Highway Traffic Safety Administration, or NHTSA, has determined that aggressive driving, such as what is displayed in this case, is a serious issue that is best addressed at the state and local level. This makes sense, given that most such incidents occur on state and local roadways. The NHTSA recommends strict penalties for reckless driving, and even stricter sentences - including criminal prosecution - when serious injury or death results from reckless driving.

Let's hope that when the driver of the Corvette appears before the judge in Morgan County, he finds out just how stiff those penalties can be.

Originally posted at InjuryBoard by Fred Schultz

Be Aware of the Ten Worst Insurance Companies

Fred Schultz — Wed, 23 Jul 2008 12:14:02 GMT

A recent study released by the American Association for Justice (AAJ) ranked the ten worst insurance companies in America. According to this study, Allstate Insurance ranked as the worst insurance company in America for consumers. The purpose of the study was to inform consumers of the worst insurance companies with regard to claims-handling practices, and to draw attention to the exorbitant profits the insurance industry has been raking in even while they raise premiums and lobby Congress for more protection and handouts.

"The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits."

The information from the study was gathered from numerous sources, including SEC and FBI files, thousands of court documents and materials gathered through litigation, state insurance department filings, witness testimony, and various news accounts covered by journalists.

This is important information because all of us see the mountain of marketing material put out by the insurance industry in an effort to convince us that "We're in Good Hands," or that the insurance company is, "Like a Good Neighbor." Truth is, good neighbors don't deny good claims, and "Good Hands" don't force people to go to trial in order to get a fair outcome on a legitimate claim.

Consumers need to know the truth about their insurance company so that they can make an informed decision when buying insurance. All of us assume that, should we suffer some sort of loss for which there is insurance, we will be covered for the loss and treated in a fair manner. Unfortunately, that is too often not the case. Instead, the insurance company frequently puts up unnecessary roadblocks and uses the legal system as a weapon to deny or delay claims.

Many times, I have met with new clients who tried to resolve an automobile accident case on their own with the other person's insurance, and who initially had no intention of hiring an attorney because they didn't think they would need one. Often, the insurance company has strung the person on for so long that they find themselves a week or so away from the statute of limitation on their personal injury/automobile accident claim with no resolution in sight. The prospective client is often somewhat amazed that they are having to speak with an attorney, at which point I say, "If insurance companies treated people fairly, I wouldn't have a job."

Bottom line, take a look at the list of "Ten Worst Insurance Companies" compiled by the American Association for Justice. If your insurance company is on that list, my advise is to find another one.

Originally posted at InjuryBoard by Fred Schultz