August 8, 2010

dangers of police pursuits

The recent tragedy involving an IMPD K-9 officer and motorcyclists in Indianapolis again brings to the forefront rights and obligations of motorists and emergency vehicles. What should each do when faced with this situation, especially in areas of high traffic? The number one concern---no matter the urgency---should be the safety of all persons upon the roadway. Indiana law does NOT give emergency vehicles an absolute right to control the roadway. It recognizes that even emergency vehicles must take certain precautions when "running hot". Adding other "victims" to an emergency must reasonably be avoided.

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August 7, 2010

emergency vehicle sirens and accidents- what is your responsibility

You are driving down the street and hear a faint siren. You look around for the flashing red or blue lights and suddenly in your rear view mirror you see a police vehicle approaching at a high rate of speed. Do you stop? Pull over? Do what the other cars around you do?
Indiana Code 9-21-8-35 says the following:
"Upon the immediate approach of an authorized emergency vehicle, when the person who drives the authorized emergency vehicle is giving audible signal by siren or displaying alternately flashing red, red and white, or red and blue lights, a person who drives another vehicle shall do the following unless otherwise directed by a law enforecement officer:
(1) Yield the right-of-way.
(2) Immediately drive to a position parallel to and as close as possible to the right-hand edge or curb ot the highway clear of any intersection.
(3) Stop and remain in position until the authorized emergency vehicle has passed."

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July 14, 2010

What Indiana's New Alcohol Laws Really Mean

Indiana's new alcohol sales laws have left many confused about how and when and where alcohol can be purchased. Want to know where you will have to show ID each time you purchase alcohol according to a new Indiana law? Want to know when and where you can drink alcohol on Sundays under another new Indiana law? Read the following information to find out--stay legal -stay SAFE!

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July 2, 2010

Boating Safety in Indiana

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Boating Safety Tips

As summer kicks into gear, many people enjoy time with friends and family while boating on a nearby lake. In order to have a fun and safe summer season, read the following boating safety tips!

1. Check the Weather Before You Get on the Lake
Turn on The Weather Channel or get online and check the weather at your lake before getting into the water. If the forecast is favorable, but you notice darkening clouds and changing temperatures, play it safe by getting heading to the nearest marina.

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July 2, 2010

Don't Let Indiana's Fireworks Laws Dampen Your Holiday!

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It's that time of year again: cookouts, long weekends, parades, and (of course) fireworks! But before you start lighting those fuses, read the following information about Indiana's regulation of fireworks to ensure a safe and injury-free holiday. Find out which fireworks are legal (and which ones are not). Happy 4th of July!

The State of Indiana regulates the sale and use of fireworks. Bottle rockets, roman candles, fire crackers, sparklers, ground spinners, cone fountains, wheels and cylindrical fountains are legal to use.

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June 24, 2010

Why Indiana Insurance Companys Want Medical Records

Why does the other insurance company want your medical records from before the accident? Are they entitled to see them? As Indiana injury attorneys, these issues often come up during the course of a case. If an accident victim is claiming that he was injured through the fault of another, the law allows compensation for only those injuries that are causally related to the accident. A doctor must be the one to make the medical determination regarding the causation of the injury and whether the injury will be likely to affect the injured person in the future. Insurance companies want to (and in the course of a lawsuit) are entitled to know whether the injured person had previous other medical issues that significantly affected the person's health and daily functioning. This is particularly the case when neck or back symptoms occur after an accident. Unfortunately, because of the complexity of the human spine and the wear and tear of daily activities, many people suffer from back problems at some point in their lives. Liability insurance carriers understandably want to make sure that they are not compensating someone for an injury that was not caused by their insured. Sometimes the only way for attorneys and insurance companies to evaluate your claim is to have information about your prior medical history.

June 8, 2010

Do I Have a Case in Indiana?

Many things go into evaluation of an Indiana injury claim or lawsuit. When people ask an attorney if they have a case--the attorney may hear a different question--is this a case that is worth the time and money and effort to pursue? There are two main areas of every claim that all personal attorneys look at when they are assessing a case at the intake stage--liability and damages.

Liability is the evaluation of who has legal responsibility for the injury. Simply put-- who is at fault? The lawyer will look at who caused the accident and what evidence is available to prove it. Are there witnesses? What did the police investigation reveal? Did someone admit fault ? Issues of liability sometimes come down to a "he said, she said" kind of argument. This can make proving a case tough, so hopefully there is physical evidence that corroborates the client's account of the event. Sometimes investigation leads a lawyer to others who may be at fault for an accident--for example someone may run a stoplight, but an investigation may turn up the fact that the stoplight had not been properly functioning. An analysis of liability from a legal standpoint is the lawyer's assessment of WHETHER HE CAN PROVE HIS CLIENT'S ACCOUNT OF AN ACCIDENT WITH EVIDENCE THAT WILL BE ADMISSIBLE IN A COURT AND WILL PERSUADE A JURY.

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June 7, 2010

Indiana Swimming Pool Safety Rules

pool.jpg Swimming pools and neighborhood ponds--the risk of accidents and drownings shoot up with the thermometer readings when summertime arrives in Indiana! On a hot day, nothing is more tempting to a child than a dip in the cool water. Unfortunately, severe anoxic brain injury and even death can be literally minutes away if adult supervision and other proper safety precautions are lacking.

Every city or town has its own rules--gates, fences, pool covers--all measures to keep children out . (Indianapolis city ordinances and pool requirements) But these measures can fail--tragically. Supervision is key--trained supervision. Children--no one in fact--should swim alone. CPR training and mouth-to-mouth resuscitation are basic lifesaving skills and all private pool owners should receive this training--it is readily available from the American Red Cross.

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June 5, 2010

Indiana Car Insurance, Health Insurance -- Who should pay?

An Indiana car accident can mean not just physical injury, but also financial disaster to a victim who has no health insurance. Although liability insurance may EVENTUALLY pay the medical bills for someone who is injured through the fault of someone else--that payment probably won't happen until the case is settled. That means that unless there is another way for those bills to get paid while the case is going, a victim can be looking a late charges, collection fees, or in some cases, going without medical treatment that has been recommended.

Because a settlement means exactly that--a final settlement where no more money will be paid at a later date and a victim doesn't have a chance to keep coming back to the insurance company if his injuries flares up and he needs to go back to the doctor--a full understanding of the injury and the likely consequences of it must be considered at the time of settlement. If a surgery IN THE FUTURE is likely--it must be factored in at the time of settlement. There is no coming back for more. As a result, your Indiana Injury lawyer will probably advise you that the case shouldn't be settled until you have fully recovered from your injuries, or your doctor has advised you that your injury is permanent and will likely require certain treatments in the future. Because injuries and their impacts may take a long time to fully come to light, your case may also take longer than you might have thought (or wished). It is likely that if your attorney tells you to wait for several months after you have been released to even think about settling your case, he is protecting you from settling too early--the last thing you want is to spend your settlement money and then find out you need to take time off from work because you do need surgery after all.

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June 2, 2010

Injury claims and Medicare in Indiana

If you receive medicare benefits ( or expect to receive them within the next 18 months) and you have a personal injury claim that is pending-- make sure you talk to your attorney about how those benefits can affect your case. From the moment you are injured and hire an attorney to pursue your claim, your lawyer will need to notify Medicare that your doctor visits and other medical treatment may have been related to your case. Medicare now requires that car insurance companies report payments to accident victims when a settlement or judgment is reached. In fact, even your own insurance company will have to tell Medicare when there is money available from your own policy that goes towards your medical bills. Medicare has a right to make CONDITIONAL PAYMENTS--they will make the medical payment on the condition that Medicare will be repaid out of funds that you receive from the liability insurance carrier.

This reporting and repayment procedure has complicated the claims or settlement process for many injured Medicare recipients in recent months. Medicare has tried to formalize the process, and the reporting is computerized, but the timing has been lengthy and delays were the norm. Settlements could not be concluded until AFTER Medicare sent totals of the bills that Medicare had paid, but Medicare wouldn't give a final amount for attorneys to repay until AFTER a settlement agreement had been reached. Because the law allows for Medicare to collect repayment from the plaintiff's lawyer (if he doesn't hold the full repayment for Medicare in his trust account at the time of settlement), lawyers have been understandably afraid to settle without a firm number from Medicare in hand. Now Medicare has finally streamlined the process somewhat--after a plaintiff's lawyer asks for a final amount, Medicare is supposed to be able to give that lawyer a number within 65 days. While far from perfect, there is hope that this step is one in the right direction for everyone involved!

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May 27, 2010

Indianapolis construction zones

Spring in Indianapolis-- cones, traffic workers, slow-downs on the interstates. It happens every year-- congested highways, semi tractor-trailers, and accidents go hand-in-hand. Remember to slow down-- narrow lanes and nearby road workers make I69 and I465 more dangerous than usual to navigate! And speeding fines are greater in construction zones!

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