Indiana Personal Injury Blog

Air Rescue Helicopter Crash a Real Tragedy

Fred Schultz — Thu, 04 Sep 2008 14:12:30 GMT

It was with great sadness that I read about the air rescue helicopter crash that occurred this week. Apparently, one of the main rotors flew off while the helicopter was in flight, causing it to crash into a field with no survivors.

"The rotor blades were separated and came to rest about 200 yards away," as did the rotor mast, Knudson said. "We have witness reports reporting the same thing."
Templeton said investigators found the rotor blades 320 yards from the rest of the wreckage.

Any incident like this is tragic, but this seems even more so given the lifesaving work that these emergency personnel do. I've represented dozens of people over the years whose lives have been saved by these Air Evac crews. Their ability to arrive so quickly at the scene of major collisions and stabilize severely injured people, and transport them to hospitals within minutes is nothing short of incredible. It takes a special kind of person to do this job, too, because of the severity of the injuries they deal with every day.

Any crash involving an airplane or helicopter is generally investigated by the National Transportation Safety Board in order to try and determine its cause, and hopefully prevent such tragedies from occurring in the future. The NTSB will examine the flight logs, maintenance record, and other documentation involving the operation and maintenance of the helicopter, as well as thoroughly inspect the wreckage to see if they can identify the piece or pieces of the helicopter that obviously failed.

Our hearts go out to the families of the crew members, as well as their co-workers.

Originally posted at InjuryBoard by Fred Schultz

Indiana Motorcyle Fatalities on the Rise

Chrissie Cole — Fri, 29 Aug 2008 11:12:00 GMT

The number of Indiana motorcycle fatalities reached a record high in 2007 due to a combination of alcohol use, riders not wearing helmets and a lack of rider experience.

Motorcycle ownership has almost doubled in Indiana over the past ten years. More motorcycles are traveling the highways and they are involved in more highway accidents. In 2007, motorcycles and mopeds in Indiana were involved in more than 500 accidents, of which 116 were fatal collisions.

The most likely person to die in an Indiana motorcycle accident is a 40 to 50-year-old man riding alone on the weekend, according to records kept by the state. The deadliest time for a motorcycle accident is late afternoon Friday, Saturday and Sunday.

When you take away experience and helmets, the numbers rise even further. Some 50 percent of those killed were not wearing a helmet and more than 60 percent were new motorcycle riders.

For more information, please refer to Indiana Traffic Safety Facts 2008.

Originally posted at InjuryBoard by Chrissie Cole

Motorcycle Accidents Almost Always Serious

Fred Schultz — Wed, 27 Aug 2008 19:03:14 GMT

I read today that a serious motorcycle accident happened in Jackson County earlier this morning. From reading the article, it sounds like the gentleman on the motorcycle was seriously injured.

One woman said she came upon the accident scene and found Johnson who quit breathing several times before emergency personnel arrived, according to the report. CPR was used to resuscitate Johnson who suffered head trauma from the accident, police said.

The story unfortunately reminded me of the numerous cases I have handled involving people who were badly injured or killed while riding motorcycles. Don't get me wrong, I'm not trying to say people shouldn't ride motorcycles, or that the accident was the fault of the gentleman in this morning's story. I know lots of people who love riding motorcycles. My only desire to help people recognize the risks involved so that they take the appropriate precautions.

I always hear people say that they are "safe drivers," so they don't have anything to worry about. Unfortunately, even "safe drivers" cannot control the actions of the other drivers they share the road with. I always tell people, "It's not you that you need to be worried about. Its the other person who might blow a stop light or cross the center line in front of you."

The whole issue with motorcycles is that they obviously provide very little protection if you are involved in an accident compared with a car. Most people are able to walk away from a relatively minor accident in a car, whereas even relatively low-speed collisions on a motorcycle will cause fractured bones to the rider, at a minimum.

This is why helmets are so important, as are protective clothing such as chaps, long shirts and/or even leather coats. Also, this is why the Indiana Bureau of Motor Vehicles has a separate license endorsement for motorcyclists, because the State has an interest in making sure that people who ride motorcycles are properly trained.

If nothing else convinces you that there are inherent dangers in riding motorcycles, keep in mind that insurance companies have specific underwriting requirements for motorcycles. Coverages that may apply to you if you are involved in an accident while riding in a car other than your own, will generally not apply if you are riding on a motorcycle.

For example, if you are riding as a passenger in a friend's car and are in an accident, there are probably some insurance coverages from your own policy that will help pay medical bills and possibly provide uninsured/underinsured coverage as well. These same coverages will not apply if you are involved in an accident on your friend's motorcycle. The reason for this is because the insurance industry calculates the risk of injury on a motorcycle at a much greater rate than the risk of injury while in a car.

There are great organizations that support motorcycle safety, such as ABATE of Indiana. ABATE of Indiana promotes motorcylce safety through numerous education programs and initiatives. Their education programs are geared for new, intermediate, and advanced motorcycle riders, and no doubt, have helped thousands of people to be safe riders over the years.

So, as always, just remember to put safety first!!

Originally posted at InjuryBoard by Fred Schultz

Greenfield Woman Killed in Tractor-Trailer Crash

Chrissie Cole — Mon, 25 Aug 2008 12:13:00 GMT

The driver of a 2003 Ford Mustang, involved in a three vehicle tractor-trailer crash, has been identified as 22-year-old woman of Greenfield, Indiana. Her family has been notified.

The accident occurred on I-465 nearly mile marker 40 on the east side of Indianapolis and involved the Mustang and two semi-tractor trailer trucks.

A preliminary investigation shows the Mustang was traveling southbound in the left lane of I-465 when her vehicle struck the back end of a green 2007 Peterbuilt tractor trailer. After striking the semi, the Mustang swerved right and struck a gray 2003 Freightliner tractor trailer.

The second impact caused the Mustang to roll over. The driver was not wearing her seatbelt which caused her to be ejected from the vehicle. She was pronounced dead at the scene.

Both truck drivers were wearing seatbelts and were not injured in the accident.

Originally posted at InjuryBoard by Chrissie Cole

Hospitals Report Medical Errors - Not the Full Story

Fred Schultz — Thu, 21 Aug 2008 15:47:58 GMT

I recently read an article in the Bloomington Herald Times about medical error reporting. According to the article, Bloomington Hospital reported only two errors in 2007, while Monroe Hospital did not report any errors within the last year. Hospitals reporting clear medical errors to state agencies has become mandatory. This is a very good thing because the information can be used to both track performance of various medical facilities, and to work on improvements to hospital protocols in order to prevent future incidents. And, while I would love to believe that only two acts of malpractice occurred in our local hospitals in 2007, the statistical probability of this is so low that I think we need to talk about it.

Since Jan. 1, 2006, all hospitals and surgery centers in the state have had to report 27 types of preventable errors each year to the state health department, which then publishes them on its Web site - www.in.gov/isdh. The 2007 errors are expected to appear on the Web site in the next two to three weeks.

Included in the list of errors that must be reported are operating on the wrong body part or wrong patient, leaving a foreign object in a patient, and using a wrong drug that results in death of disability.

My primary concern with this story is that it seems to significantly underestimate the likely number of acts of malpractice. There are numerous studies that suggest the rate of medical errors are much, much higher nationally. Several reputable sources, including various federal agencies have found that preventable medical errors cause over 90,000 deaths in the United States every year. Addressing the reality that preventable medical errors occur, and occur more often than we would like to admit, is extremely important so that we can identify the cause of the errors and prevent future ones from occuring.

As many as 98,000 Americans still die each year because of medical errors despite an unprecedented focus on patient safety over the last five years, according to a study released today

First, not all acts of medical negligence get reported. In fact, most do not. All hospitals in Indiana, like Bloomington Hospital and Monroe Hospital are required to report medical errors that fall within specifically enumerated categories, but the individual physicians are not required to follow such reporting requirements. In fact, physicians only report medical errors if they voluntarily admit to having committed malpractice, or are found to have committed an act of malpractice by a judge or jury.

Second, there are many instances where a medical mistake can occur but not be reported. For example, a physician or hospital staff member may not think they have committed an error, when in fact they have. Also, its quite possible that a physician or hospital staff member simply chooses not to report the incident.

A Harvard study has estimated that medical malpractice occurs in one percent of patients who receive medical care. Assuming these numbers are correct, literally, one in one hundred patients each day, in every hospital and clinic suffer from a medically negligent act. Using this statistic, the probable acts of medical malpractice in our local hospitals are likely considerably larger than two acts during all of 2007.

Don't get me wrong, I am not picking on hospitals or physicians. My brother-in-law is a board certified family physician, my mother has worked as a physical therapist for over forty years. As far as our local hospitals, my son was born at Bloomington Hospital and I couldn't have asked for better care for my wife and child. I just believe that it is important to address the reality that medical negligence occurs far more frequently than the article in the Bloomington Herald Times would suggest. After all, the whole point of disclosing medical errors is so that they can be prevented in the future.

If a person finds themselves the victim of a medical error, its important to know the law. Indiana has very strict state laws that govern most medical malpractice claims. First, in most instances, the injured party or their surviving family has to file a claim with the Indiana Department of Insurance. Then, the case is eventually reviewed by a panel of three physicians who review evidence that is submitted to them by both the patient's attorney and the attorney for the doctor or hospital. The panel then determines whether, based on the evidence they have reviewed, they believe malpractice occurred. Once the panel has reached its conclusions, then the claim can be filed in state court.

Originally posted at InjuryBoard by Fred Schultz

Two Indiana Police Officers Involved in Car Accident

Chrissie Cole — Fri, 15 Aug 2008 23:52:00 GMT

Two Indiana police officers were on their way to a call when they were involved in a crash with one another.

Both officers were on the way to check a home invasion call at the Port O'Call apartments on Lynhurst Drive, Wednesday morning when the car accident occurred, according to Metro Police.

"The officers are just trying to get there as fast and as safe as they can, unfortunately, when they are moving at a high rate of speed trying to get to a run as quickly as possible things can happen, it's always dangerous when you're operating a vehicle at a high rate of speed, and police officers do it every day," said Lieutenant Jeff Duhamell with IMPD.

Rescue crews used the Jaws of Life to free Officer Jones from his vehicle, which took about 10 minutes, said authorities. And Officer Forestal was able to exit his car on his own. Both officers were treated and released from the hospital.

Originally posted at InjuryBoard by Chrissie Cole

"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

Father, Son Injured on Construction Site in Greenwood

Chrissie Cole — Thu, 14 Aug 2008 07:30:00 GMT

A construction accident on Tuesday, involving a man and his 15-year-old son is now under investigation by the state.

The accident occurred at a hotel construction site located near Interstate 65 and County Line Road in Greenwood, according to a spokesman for the Indiana Department of Labor.

The 15-year-old boy was on the job site with his father, 31, when both fell nearly 40 feet after the scaffolding they were standing on fell from a fork lift, police said.

They were both transported to Methodist Hospital for treatment. On Thursday, Greenwood Chief of Police Joe Pitcher said the father was listed in critical condition. The injuries suffered by the 15-year-old do not appear to be life-threatening.

The Department of Labor and several other state agencies were trying to determine why the 15-year-old was at the site, if he was working -- which would be illegal due to his age -- and if the fork lift was being properly operated, Keefer said.

Originally posted at InjuryBoard by Chrissie Cole

Recent Bus Crashes Very Troubling

Fred Schultz — Mon, 11 Aug 2008 16:37:38 GMT

There have been a recent string of bus crashes on our nation's highways causing serious injuries and a number of deaths that are very troubling. Most recently, twenty people were injured when a bus veered off the road south of Las Vegas, Nevada on Sunday night. According to reports, the bus was the only vehicle involved in the crash.

Police found tire tread on the roadway and are looking into the possibility that tire failure may have caused the wreck.

At this point, it would be pure speculation to try and lay blame for the accident. Defective or worn out tires may have been a cause, or the fault could be as simple as a sleepy bus driver.

Obviously, the passengers on a commercial bus rely on the bus driver and the bus company to provide for their safety. There is little, if anything, that a passenger on a bus can do to protect themselves when a bus driver falls asleep, or the bus company fails to properly maintain the tires on the bus. In fact, because passengers are completely at the mercy of the bus company or other Charter company, Indiana law has an exception to the usual system of fault in civil cases called the "common carrier exception."

In normal accident situations, an Indiana judge or jury is asked to compare the fault of the two parties involved. They are free to put 100% fault on one party and zero fault on the other, or any combination thereof. However, when dealing with businesses that transport people from one place to another, such as bus charters or airlines, the "common carrier exception" applies and there is "strict liability," meaning that the charter company can be found to be completely responsible for the injury or harm to its passengers.

While some might think it is unfair to impose such a duty on a bus company or other transport in the business of transporting passengers, the Indiana Supreme Court has long held, "The imposition of liability under the common carrier exception is premised on the control and autonomy surrendered by the passenger to the carrier for the period of accommodation." Stropes v. Heritage House Children's Center, Inc., 547 N.E.2d 244, 252 (Ind. 1989). In other words, the passengers have paid for safe passage and it is the charter company's duty to deliver a safe passage. Essentially, Indiana law holds that the transport company offered to take passengers from point A to Point B in exchange for a certain monetary fair charged by the company. Implicit in that deal is that the company transport the passengers safely.

If you think about it, this just makes sense. It is good public policy to put the responsibility for passenger safety in the hands of the company that is transporting the passenger. After all, the passenger isn't the one driving the bus or flying the airplane. Hopefully, this ensures that the bus company, or other charter company, keeps the vehicle in good mechanical condition, and makes sure that the driver, captain, or pilot is well qualified and properly trained. Bottom line, passenger safety is that important. The "Common Carrier Exception" in Indiana is good public policy because it encourages safe passage for the thousands of Hoosiers every year who pay to have a company transport them somewhere, be it a bus, an airplane, or other means of transportation.

Originally posted at InjuryBoard by Fred Schultz

Couple Files Wrongful Death Lawsuit Against Odesco Industrial Services

Chrissie Cole — Thu, 07 Aug 2008 05:55:00 GMT

A couple from St. Louis filed a wrongful death lawsuit on August 5, against Odesco Industrial Services seeking damages for their son's death.

According to court documents, filed in Madison County Circuit Court, Michael McMahon was killed in a car accident on February 9, in St. Louis County.

The couple alleges their son was a passenger in a vehicle, struck by a company truck driven by the co-defendant, an employee of Odesco Industrial Services.

"The collision between the Odesco industrial truck and the Rachas vehicle which took the life of Michael McMahon was the direct and proximate result of the negligence of Defendants in that Defendants operated their vehicle at an excessive speed, failed to keep a proper lookout, allowed and permitted their vehicle to strike the Rachas vehicle in the rear and was following the Rachas vehicle too closely," the complaint states.

Under the Missouri Wrongful Death Statue, the McMahons are seeking a judgment in excess of $50,000.

Originally posted at InjuryBoard by Chrissie Cole