2011 September Archive

The phrase “traumatic brain injury” covers a wide range of injuries to the brain, all of which can have side effects and long-term effects ranging from mild to severe. Concussions are a commonly-known type of brain injury that can be caused by a blow to the head; other types of traumatic brain injuries can be caused by something piercing the skull or from the brain swelling due to trauma. According to the National Institutes of Health, the cognitive problems a traumatic brain injury can cause may linger well after the injury has occurred.

Common problems with cognition, or thinking, that a traumatic brain injury can leave behind include difficulties with memory and speech. Patients who suffer concussions or similar injuries often have trouble remembering the event that caused the injury. As time passes, they may find they also have difficulty making new memories or recalling certain things they used to know. Speech difficulties can also arise, with the injured person having trouble remembering words for things, or trouble putting sentences in their proper order. Physical problems with speaking may also arise due to damage to the parts of the brain that control face and neck muscles or breathing.

Cognitive problems after a traumatic brain injury often require therapy and rehabilitation in order for the patient to recover as much brain function as possible. When an accident occurs, consulting an experienced Indiana traumatic brain injury attorney can help you understand your legal rights and options and seek compensation if needed, so you can better meet the challenges that follow a brain injury.

The number of accidents causing death or serious injury to young Indiana drivers has decreased in the last half of the 2000s, according to a recent report from the Indiana Department of Motor Vehicles. However, traffic accidents in Indianapolis still remain one of the leading causes of death for Indiana teens, making preventing these accidents an important goal for local communities and state safety officials.

Young drivers, according to the Indiana traffic safety report, are defined as drivers between ages 15 and 19. These drivers are just learning to drive or have only had a license for a short period of time, which means they are low on experience. In recent years, using cell phones and other electronic devices has become second nature to teens, many of whom must be reminded that Indiana and other states have made certain types of cell phone use while driving illegal, and that using cell phones while driving is always a risk.

The number of crashes involving young drivers in Indiana decreased about 5.7 percent between 2005 and 2009. The percentage of crashes that claimed a life decreased even more, from 75 percent in 2005 to 48 percent in 2009, a much larger decrease than the other Great Lakes states in the same time period. Today, about 1 in every 1,000 young drivers involved in an Indiana crash suffers a fatal injury – a lower number than in the past, but still too high for any family who loses a loved one.

This post is part 3 in a series presented by Sevenish Law Firm, exploring safety issues related to motorcycle use in Indiana and other states.

Indiana motorcyclists must pass both a written test and a skills test to receive a motorcycle endorsement, so most motorcyclists are up to speed on Indiana’s motorcycle safety requirements. However, most motorcycle-related laws are set up on a state-by-state basis, so the rules inside the Indiana state lines don’t always match the rules in other states. Here are a few examples of how motorcycle safety laws change in various states.

Helmet Laws: Indiana requires motorcycle drivers and riders under age 18 to wear motorcycle helmets. Bikers on a learner’s permit must also wear helmets. 23 states have universal helmet laws, while 24 have laws that cover only certain riders based on age, experience, and/or insurance carried. Three states – Illinois, Iowa, and New Hampshire – have no helmet requirements at all.

Eyewear Laws: Indiana requires riders to wear eye protection while on their bikes. Thirty-five states share this requirement, although some make an exception for riders who have face shields on their helmets and/or windscreens on their bikes.

Passenger Restrictions: Indiana does not specify a minimum age or other requirement for passengers, except that they must meet the helmet requirements. However, five U.S. states – Hawaii, Arkansas, Louisiana, Texas, and Washington – ban young children from riding on motorcycles; the minimum age is seven years in Hawaii, eight years in Arkansas (unless the motorcycle is participating in a parade), and five years in Louisiana, Texas, and Washington. Minnesota has no age requirement, but the state does require the passenger to be tall enough that his or her feet reach the footrests.

These laws are merely a sample of the requirements motorcyclists should be aware of when they cross state lines. If you’re planning an interstate bike trip, research the rules in each state you’re planning to travel in to ensure that you’re meeting all the necessary safety requirements.

This post is Part 2 in a series presented by the Indiana motorcycle accident attorneys at Sevenish Law. The series is designed to help motorcyclists stay safe while riding by providing information on various safety topics.

Many U.S. states require motorcyclists to have a proper license or endorsement in order to ride on state roads. Often, these states require riders to pass a motorcycle safety class before receiving their license or endorsement. Indiana upholds both these requirements. Motorcyclists who pass the written test may receive a learner’s permit, but they must take and pass a motorcycle safety class in order to receive a full-fledged license or endorsement.

Motorcycle safety courses are available from several educators. The Bureau of Motor Vehicles works with American Bikers Aimed Toward Education (ABATE) of Indiana to provide motorcycle safety courses that meet the state’s requirements for licensing and that provide crucial safety information for new bikers. ABATE’s Basic Motorcycle Rider Course teaches new riders how to handle their motorcycles, choose appropriate safety gear, and how to perform important emergency maneuvers like maximum braking and controlling a swerve.

ABATE also offers an experienced motorcycle skills course for riders who would like to improve their riding skills and learn additional ways to minimize their risk of serious injury if a fall or crash occurs. This class is not required for a license, but it does provide information and training that can be life-saving in an emergency situation. In addition, some motorcycle insurance companies provide discounts for riders who successfully pass an experienced skills class.

As an experienced Indiana motorcycle accident injury attorney who also rides, I know firsthand that information is power when it comes to protecting yourself on the road. Motorcycle safety classes are a wise investment that can improve your confidence and the quality of your rides – and the skills you learn may even save your life.

A Clay Fire Territory fire truck crashed with a Roseland police cruiser recently, flipping the fire truck and leaving three people injured, according to a recent news report from firehouse.com.

The truck, a pumper-tanker, and the police cruiser were both responding to emergency calls: the pumper-tanker was on its way to Harris Township, while the cruiser was responding to a call about another car accident. The two vehicles collided at the intersection of Juniper Street and Cleveland Street, smashing the police cruiser and flipping the fire truck onto its side, where it slid into a civilian passenger car that was also stopped at the scene.

A police officer, a civilian, and the driver of the fire truck were taken to a local hospital with injuries, but investigators say that none of the injuries appear to be life-threatening. The firefighter driving the pumper-tanker had stayed in the vehicle as it flipped on its side and had to be pulled out before rescue workers could tend to his injuries.

Investigators believe the crash occurred because the computer system that regulates the signals at the intersection was supposed to give the fire truck the right of way, but the police car was in the truck’s path. However, the accident is still being investigated by the St. Joseph County Fatal Alcohol Crash team which investigates accidents involving multiple police or fire agencies, even if no one loses their life in the crash.

The hopes and prayers of everyone at Sevenish Law Firm are with those who were injured in the accident. We wish each of them a quick and complete recovery.

To commemorate the tenth anniversary of the September 11 attacks and to honor those who lost their lives in the events surrounding that day, motorcyclists in southern Indiana and Kentucky banded together to ride in remembrance and to raise money for those who were lost on 9/11.

Over a hundred riders traveled through southern Indiana, braving stormy-looking skies, to raise money for a war memorial in Jeffersonville. The memorial will commemorate both those lost in the attacks and the soldiers who have lost their lives fighting in Afghanistan and Iraq since the attacks occurred. The ride was organized by a Jeffersonville resident and longtime motorcyclist who encouraged bikers to join the procession with a minimum donation of $20 per person. Many bikers encouraged family and friends to support the memorial in their fundraising efforts as well.

The ride was just one of many events taking place near the Indiana-Kentucky border this weekend to mark the anniversary of 9/11 and support the community of those affected by the attacks. In St. Matthews, which sits just across the Ohio River in Kentucky, the local Kroger Supermarket provided meals to firefighters and first responders in appreciation for the grueling and life-saving work they do protecting their local communities. Community members who visited the supermarket also left messages of thanks and support on a large whiteboard, which was later presented to the fire station.

At Sevenish Law, our thoughts and prayers are with everyone we lost on September 11 and those we have lost since, as well as the families and loved ones who survived. Their sacrifice reminds us why we are dedicated to protecting the rights of firefighters, police officers and other first responders injured in the line of duty.

This post is part one of a three-part series on motorcycle safety hosted by Sevenish Law Firm. As an experienced Indiana motorcycle injury attorney who also rides, Randy Sevenish knows firsthand the risks motorcyclists face. The information in this series is intended to help riders protect themselves by offering safety advice and resources.

Every biker hopes that he or she will never crash while on a motorcycle, but bikers also know that the risk of a crash always follows them onto the road. Choosing safety gear that is designed for motorcyclists and fits properly can help reduce your risk of serious injury in a crash, or even save your life. The Indiana Motorcycle Operators’ Manual recommends three different types of safety gear: a motorcycle helmet, face or eye protection, and protective clothing.

The Helmet

The U.S. Department of Transportation provides standards for motorcycle helmets, and a helmet that meets or exceeds these standards is your best choice for protective headwear. Head and neck injuries are common in motorcycle crashes, and a helmet can reduce the severity of these injuries. DOT-approved helmets also protect the head without cutting off a rider’s peripheral vision.

Face or Eye Protection

A shatter-resistant face shield or shatter-resistant goggles can help protect your face or eyes even if you never suffer an accident. These pieces of protective gear keep bugs, stones, and other debris out of your eyes while you ride. In an accident, they also protect your eyes and/or face from flying glass, metal, or other debris that can get thrown at you during a crash.

Protective Clothing

A protective jacket or shirt, pants, boots, and gloves can also help reduce your injuries in a crash, especially if you wind up skidding along pavement or another rough surface. Sleeves and pant legs should fit snugly, and footwear should cover your ankles and fit so that no loose laces or straps are hanging out. Likewise, gloves should fit well and be made of leather or another material that improves your grip and protects your hands.

States across the country have increased police patrols and set up new sobriety checkpoints as part of the National Highway Traffic Safety Administration (NHTSA) and the Governors Highway Safety Association (GHSA)’s “Drive Sober or Get Pulled Over” program, and Indiana is no exception. The purpose of the program is to reduce the number of drunk or impaired drivers on the roads during the Labor Day weekend, in order to decrease the number of accidents.

Each day, according to NHTSA, approximately 29 U.S. residents die and approximately 1440 more are injured in a crash involving a drunk driver. To put this in perspective, think of how many people would lose their lives if 21 jumbo jets crashed each year, and everyone on board were killed. According to NHTSA, this number is about 11,000 – and it’s the same number of people who lose their lives to drunk driving-related crashes in the U.S. each year.

The number of injury-causing car accident increases over holiday weekends, as people travel to see family or to party. Indiana’s law enforcement officers are increasing their patrols over this Labor Day weekend, as well as creating sobriety checkpoints. The “Drive Sober or Get Pulled Over” campaign kicks off this weekend with events in Indianapolis and Elkhart County. These include ceremonies at Victory Field in Indianapolis and a discussion panel in Elkhart, both featuring law enforcement personnel who have dedicated significant time and energy toward protecting motorists and their passengers by fighting drunk driving.

As a former police officer and a dedicated Indiana dram shop lawyer, I have seen firsthand how lives can change in an instant, merely because one driver chose to get behind the wheel after too many drinks. Help ensure that you and your fellow Indianans will live to celebrate many happy Labor Days to come by planning ahead so that you aren’t tempted to drive while under the influence of alcohol.