Posted On: August 31, 2011

INDIANA CONSTRUCTION ZONE IS SITE OF SEMI TRUCK CRASH

Putnam County, Indiana was the scene of a Semi Truck Crash Tuesday. The truck accident happened in a Construction Zone on United States Interstate 70. Indianapolis Semi Truck Lawyers can report the driver of the truck was not hurt in the Vehicle Accident. If the driver, 48 year old Bryan Clarke, had been injured, Indiana Workers Compensation issues might have been involved.

Indiana State Police say in this Semi Collision, the tractor trailer did not decrease its speed enough and ended up almost hitting other vehicles. Instead, Indiana investigators say the driver veered out of the way, went off the road and flipped. An Indiana State Trooper examined the truck and its trailer after the crash and did not find any brake problems. Thus, the big rig's driver was ticketed for not slowing down to avoid a collision.

This isn't the first time a Vehicle Accident occurred in this construction zone of United States Interstate 70. Indiana Vehicle Crash Lawyers learned this week's truck crash was at least the 4th major collision since August 15th. That's when the construction project began.

Road construction zones do pose hazards for drivers and for workers. The Laborers’ International Union of North America (LIUNA) looked into this danger. According to its research of LIUNA members who died on the job, while only 38% of the LIUNA’s members were working on road construction projects, more than 73% of the on-the-job deaths happened in road and highway construction. In a nationwide survey of road construction zone deaths, 23% of the fatalities were due to workers who were hit by traffic. And it is estimated that about one-third of work zone deadly collisions involve large trucks.

Large trucks are becoming more present on Indiana's highways and throughout the country. The website, www.truckinfo.net, estimates more than 15 million trucks operate in the United States, and about 2 million of them are tractor trailers. And those trucks log many miles each year. In fact, in 2006, the transportation industry logged more than 432 billion miles. So how many Truck Accidents might there be? The United States Department of Transportation found more than 500,000 truck crashes happen every year. While that might seem like a larger number, data shows commercial trucks are involved in about 2.5% of all vehicle accidents each year. And, trucks are 3 times less likely to be in a collision than a regular motor vehicle. In terms of minutes in day, studies show one person is hurt or killed in a truck crash every 16 minutes.

Continue reading " INDIANA CONSTRUCTION ZONE IS SITE OF SEMI TRUCK CRASH " »

Posted On: August 29, 2011

JURY RULES AGAINST PATIENT IN PENIS AMPUTATION MEDICAL MALPRACTICE CASE NEAR INDIANA

Indianapolis Medical Malpractice Lawyers learned a truck driver who had part of his penis amputated lost his Medical Malpractice case against the urologist. The case took place in Kentucky, Indiana's neighbor to the south. The driver, 64 year old Phillip Seaton, claimed Dr. John Patterson didn't show proper care. Also, Seaton alleged he didn't consent to part of his penis being amputated during what was supposed to be a circumcision even though the doctor found cancer in the organ. The jury's decision against Seaton was unanimous.

In testimony during this Medical Negligence lawsuit, Patterson explained he cut off a small part of the penis only after he discovered possibly fatal cancer during the circumcision surgery. A second physician later removed the rest of the organ. On the other hand, Seaton's lawyer claimed Patterson performed a medical error by not stopping the circumcision surgery once he found the cancer, waking the patient, and talking with him about treatment options.

A big issue in this Medical Malpractice case was a consent form for the original surgery i.e. the circumcision. The doctor's attorney claimed that form gave his client permission to handle any medical situations that might arise during surgery. Seaton's lawyer says he plans to appeal the jury's decision, saying a physician can only change a consent for surgery if a patient's chance of dying is immediate.

Seaton was asking for about $16 million dollars in damages had he won this Medical Malpractice case. Kentucky does not have a law limiting the amount of money a medical error victim may win in a Medical Negligence case. However, Indiana does have a law limiting damages in such lawsuits. This limit is known as a "cap." Indiana's Medical Malpractice law is commonly known as INCAP which stands for Indiana Compensation Act for Patients. It was enacted in 1975, and one of its key elements is a limit on damages.

Indiana Medical Malpractice Attorneys at Crossen Kooi are well-versed on the aspects of INCAP and the limit on damages. That limit is currently set at $1.25 million. It has been raised several times over the years. Doctors found guilty of medical negligence would be responsible for the first $250,000 while Indiana's Patient's Compensation Fund would pay $1 million at most in damages. That Patient's Compensation Fund is comprised of money from a surcharge doctors pay to make sure injured patients will receive the money they are awarded. That surcharge varies by the field in which a doctor practices.

Continue reading " JURY RULES AGAINST PATIENT IN PENIS AMPUTATION MEDICAL MALPRACTICE CASE NEAR INDIANA " »

Posted On: August 26, 2011

INDIANA SEES LOWEST NUMBER OF WORKPLACE DEATHS IN 2010

Deadly Workers Compensation injuries appear to be decreasing for Indiana workers. Indiana's Department of Labor announced that in 2010, Indiana had the fewest Workplace Fatalities since 1991 with 115 workers dying while in the course and scope of employment. That was a drop of 8 from 2009. The United States government began keeping count of workplace deaths in 1991. Indianapolis Workers Compensation Lawyers can assist families who've had a loved one die while on the job. In many cases, families of a fatality injured worker are entitled to Work Comp benefits. Unfortunately, more than a hundred families find themselves in such a situation each year.

Indiana's Department of Labor also examined the fields in which fatal Work Comp injuries occur. Data showed the industries with the highest death rates were agriculture and then construction and transportation and then manufacturing. The Department combined transportation and warehousing in its research. Additionally, when all fields of business were grouped together, the leading cause of workplace fatalities in Indiana was connected to transportation. 54 people died from transportation related injuries in 2010.

Other Workplace Deaths came from equipment, falls, violent instances, and fires and explosions. 19 employees died from some sort of contact with objects and equipment while 17 workers died from falling.

While the Indiana Department of Labor and many Hoosier employers strive to make the workplace safe, injuries do occur. And Indiana has specific laws and codes centered on Worker's Compensation injuries. Experienced and honest Indianapolis Work Comp Lawyers are extremely knowledgeable when it comes to Indiana Work Comp and can help injured workers and/or their families receive the care and compensation they deserve.

For instance, there are certain steps an injured worker should take as soon as possible to ensure the proper Workers Compensation. Even if a hurt worker doesn't think his injury is serious or will require medical care, he should immediately tell his supervisor about it and ask them to complete a formal accident report. The worker should then receive a copy of this report. After a worker is hurt while on the job and does need medical care, that worker should adhere to all directions his medical care provider gives as well as directions from his employer. If a worker sustains an injury that will require him to miss more than 7 days of work, he should consult with an Indiana Work Comp Attorney to discuss what is known as "temporary total disability rights" or "TTD rights."

Continue reading " INDIANA SEES LOWEST NUMBER OF WORKPLACE DEATHS IN 2010 " »

Posted On: August 25, 2011

INDIANAPOLIS WOMAN IN CAR CRASH WITH POLICE IN THE INDIANA DUNES STATE PARK

Indiana Auto Accident Lawyers learned an Indianapolis woman was in a Car Crash with several police cars in the Indiana Dunes State Park. Chesterton, Indiana police officers say that woman, 29 year old Britni Morrison, was subsequently arrested and taken to a jail in Valparaiso, Indiana. Several Indiana police squad cars were damaged in the auto accident. No word if any of the officers were injured or if Indiana Work Comp issues are involved.

Before Morrison was taken to jail, she was treated at Porter Hospital where she apparently told police she took bath salts before this vehicle accident. And this Car Accident took a series of twists and turns. Local Indiana police say it began on Indiana State Road 49. That's where officers found Morrison driving her damaged car. They believe her vehicle sustained damage after her Honda Accord struck a Ford Focus just minutes earlier. Morrison allegedly left that scene and did not stop when officers found her driving on Indiana State Road 49. The police pursuit continued into the Indiana Dunes State Park where her vehicle hit a big boulder.

After that collision, Indiana investigators say Morrison put her car in reverse and quickly headed further into the park, barely missing parked police cars. At this point, officers from Chesterton, Burns Harbor and Porter tried to block her with their patrol cars, but she struck them. Finally, Morrison stopped her vehicle and officers apprehended her. Indiana Workers Compensation Lawyers have not received confirmation if any of the officers were injured in the collision.

Usually, when an worker is hurt on the job, that worker is entitled to Work Comp benefits. "Workers' Compensation" or "Work Comp" are terms that refer to the laws, insurance, and benefits pertaining to an injury a person sustains while in the course and scope of employment. Work Comp laws vary by state, but in every state, there are certain jobs exempt from that state's general Worker's Compensation laws and codes.

In Indiana, police officers work in a field that does not fall under Indiana's general Work Comp laws. In short, it's because the work of a police officer carries with it inherent risks of injury. Firefighters are in a similar Work Comp situation. A specific Indiana code details how Indiana police officers and firefighters should be treated and what benefits they are entitled to in the event they are hurt or die while on the job.

Indiana Code 36-8-4-5 states Indiana will pay for the care of a police officer or firefighter who is hurt while on duty. That care includes any needed surgeries and hospital or special nursing care. However, the code does state the city which paid for the care might need to be reimbursed if the injured officer has a certain cause of action against a third party.

Continue reading " INDIANAPOLIS WOMAN IN CAR CRASH WITH POLICE IN THE INDIANA DUNES STATE PARK " »

Posted On: August 24, 2011

INDIANA SUPREME COURT REVERSES LOWER COURT DECISION IN MEDICAL MALPRACTICE CASE

The Indiana Supreme Court ruled in favor of a hospital in a Medical Malpractice case. Lisa Gordon filed a lawsuit against Indiana's Howard Regional Health System claiming it performed Medical Malpractice and lost some medical records while caring for her son when he was born. The Indiana Supreme Court's decision overturns a decision made by a lower court. Experienced Indiana Medical Malpractice Lawyers are well-versed in the state's medical malpractice law and are well-qualified to take clients' cases to Indiana's highest court if necessary.

In another aspect of the complaint, Gordon claimed because the hospital lost some pertinent medical records, she would have a virtually impossible time trying to prove a certain doctor performed medical malpractice. This is deemed "spoliation." Indiana Medical Malpractice Lawyers define "spoliation" of evidence as the purposeful or negligent withholding, altering, or destroying of evidence pertinent to a legal proceeding. Gordon was looking for additional damages for "spoliation." After decisions by the Howard Circuit Court and then the Court of Appeals, Gordon took her case to the Indiana Supreme Court, but the Court ruled in favor of the hospital.

Indiana's Medical Malpractice law lays out the legal process for many Medical Negligence claims. The law is called the Indiana Compensation Act for Patients or INCAP for short. It was enacted in 1975 and made Indiana the first state to impose wide-ranging medical malpractice reforms.

One aspects of INCAP is a "medical review panel." In a Medical Negligence lawsuit, Indiana Medical Malpractice Lawyers will take the case to them before any court action can take place. The panel consists of 3 health care professionals and one lawyer who is a chairman and facilitator but has no vote. The three panel members are chosen by the plaintiff and defendant with each choosing one health care provider. And then, these two providers choose a third. If the defendant is a health care professional who specializes in a specific field of medicine, two of the panelists chosen are required to be from the same field as the defendant.

The medical review panel is formed only after the claimant files a complaint with the Indiana insurance commissioner. The commissioner then notifies the health care provider within 10 days. After that, the panel can be formed within 20 days after the complaint is filed. And the medical review panel must issue an opinion within 180 days after it is formed. However, the panel's decision is not legally binding. It can, though, be used in court as evidence in a Medical Malpractice case.

Continue reading " INDIANA SUPREME COURT REVERSES LOWER COURT DECISION IN MEDICAL MALPRACTICE CASE " »

Posted On: August 23, 2011

RICHMOND, INDIANA MAN DIES AFTER CAR CRASHES INTO HIS MOTORCYCLE IN WAYNE COUNTY

The Wayne County Prosecutor's Office is expected to look into a deadly Motorcycle Crash. The Indiana Vehicle Accident Lawyers at Crossen Kooi can report the victim was identified as 41-year old Robert Staley from Richmond, Indiana. His motorcycle apparently collided with a car Sunday night on United States 40. 23 year old Allen Drook was driving the car.

Wayne County's sheriff says Drook told officers he didn't notice Staley's motorcycle because its headlight was off. The Vehicle Crash apparently happened when Drook's car collided with Staley's motorcycle as it turned in front of it. Staley died instantly.

Motorcycles often find themselves involved in deadly Vehicle Crashes. The National Highway Traffic Safety Administration found that in 2005, 4,553 motorcycle riders died as a result of a crash. However, the majority of the riders were not alone on the road when the accidents occurred. Researchers found 56% of those fatal accidents were from collisions involving multiple vehicles. And 89% of those were simply two-vehicle accidents. Thus, it only takes one other vehicle on the road to increase the risk of a deadly motorcycle accident. Additionally, more often than not, that other vehicle is a passenger car.

Researchers with the NHTSA looked at trends in these deadly Motorcycle Crashes and found for the accidents involving a passenger vehicle and a motorcycle, 35% of the passenger car's driver-related factor was not yielding the right of way. Motorcycle riders were only to blame for not yielding the right of way 4% of the time. Also, about 70% of two vehicle accidents involving motorcycles happened from May to October. Officials determined that was because those months are during peak motorcycle riding season.

Officials also examined the point of impact in motorcycle accidents. In 2009, 36.6% of fatal Motorcycle Crashes involving a motor vehicle such as a passenger car had the front as the initial point of impact. Left or right sides only accounted for about 6% of the deadly collisions. And the rear made up 3.6% of deadly motorcycle crashes.

Motorcycle helmet use can be a huge factor in the severity of injuries if a crash occurs. Helmet laws do vary by state, though. Indiana Motorcycle Accident Lawyers are knowledgeable on our state's laws concerning helmet use. The law applies to motorcycle riders who are 17 years old or younger and does cover all low-powered vehicles.

Continue reading " RICHMOND, INDIANA MAN DIES AFTER CAR CRASHES INTO HIS MOTORCYCLE IN WAYNE COUNTY " »

Posted On: August 22, 2011

7th FATAL VICTIM POSSIBLE IN INDIANA STATE FAIR STAGE COLLAPSE ACCIDENT

Indianapolis Personal Injury Lawyers, unfortunately, have more devastating news to announce concerning the Indiana State Fair Stage Collapse Accident. Indiana State Police now say a 7th person will die imminently from injuries sustained from the Sugarland Concert Accident. The Marion County Coroner's Office identified this victim as 24 year old Meagan Toothman from Cincinnati, Ohio. She was a cheerleading coach at a local Cincinnati high school. Earlier today, the Indiana State Police announced Toothman's death but later retracted it. Officials said she is on life support so her organs can be harvested.

The initial six fatal victims of August 13th's Concert Accident are Jenny Haskell, Tammy Vandam, Alina Bigjohnny, Christina Santiago, Nathan Byrd and Glenn Goodrich. Both Byrd and Goodrich were apparently working at the time of the stage collapse. However, it is not yet confirmed if Indiana Work Comp issues will come into play. Indiana Workers Compensation deals with injuries or deaths that occur to workers while they are on the job. Experienced Indianapolis Work Comp Lawyers can help victims and their families determine if they are entitled to worker's compensation benefits. Thus, it's important for victims to seek out legal representation to help guide them through the legal process.

However, many victims and their families are, understandably, still dealing with the initial physical and emotional impact of the Sugarland Concert Accident. Immediately following the stage collapse, more than 40 people were hurt and sought treatment at local Indianapolis hospitals. Now, more than a week later, reports are more than ten victims are still in hospitals, and some apparently have severe injuries.

As for who is responsible for the Main Grandstand stage rigging collapse, many investigators are looking into this. You'll recall strong winds estimated at about 70 mph blew through the Indiana State Fairgrounds as the stage fell. The winds followed a severe thunderstorm warning for Marion County. Fair officials have admitted the rigging structure was not inspected prior to the accident.

This tragedy is prompting some Indiana state officials and the Indiana State Fair Commission to consider building a permanent outdoor stage at the fairgrounds. Several other midwestern states like Iowa and Illinois have done this. Indiana State Representative David Niezgodski says Indiana should look into whatever is necessary to make the Indiana State Fair safer. He said officials and lawmakers will be examining several options to make the fair as safe as possible. Early estimates put the cost of building an outdoor permanent stage at $10 million.

Continue reading " 7th FATAL VICTIM POSSIBLE IN INDIANA STATE FAIR STAGE COLLAPSE ACCIDENT " »

Posted On: August 18, 2011

TRUCK DRIVER KILLED IN SEMI TRUCK CRASH ON INDIANA'S INTERSTATE 70

A Construction Zone on Indiana's Interstate 70 was the scene of a deadly Semi Truck Accident. The fatal truck crash involved two semi trucks. It happened Wednesday afternoon near Indiana's Putnam and Clay County line. The identity of the tractor trailer driver who died has not yet been released, but the victim was from Ohio. It is not yet confirmed if Work Comp issues are involved. Indianapolis Workers Compensation Lawyers can help auto accident victims and/or their families determine if they are entitled to Work Comp benefits. As for the driver of the other semi, 57 year old Kundan Randwaha is from Canada and was not hurt in the Vehicle Collision.

Indiana State Police say the Big Rig Crash happened as traffic was heading through a one lane construction zone and then came to a halt. Randwaha's truck was, thus, not moving when it was struck in the rear by the Ohio driver's semi truck. That truck also collided with a guardrail. As a result of the crash, the Ohio man's cab went up in flames. And that wasn't the only fire stemming from the collision. Later, some debris from the accident that was being transported away from the scene caught fire in another truck. That truck was on Indiana State Road 243 at the time.

Marion County authorities will perform an autopsy on the Ohio victim. Indiana State Police are looking into what caused this fatal Truck Crash. So far, the tractor trailers do not appear to have had any mechanical problems.

As mentioned earlier, Indiana Work Comp Lawyers can help accident victims and/or their families figure out if they should receive Workers Compensation benefits. The basic definition of Work Comp refers to an injury a worker receives while in the course and scope of employment. Worker's Compensation injuries do extend to fatal ones. Each state has its own specific Work Comp laws and codes and insurances rates that employers pay so they can provide Workers Compensation benefits in the event one of their workers suffers an injury while on the job.

Not surprisingly, Semi Truck drivers are often covered under Work Comp because those benefits do not simply apply to when a worker in an office or warehouse is injured. Driving a truck can be considered in the "course and scope of employment."

In this recent Semi Truck Accident, a construction/work zone was involved. The National Highway Traffic Safety Administration looked at large truck crashes in construction/maintenance zones and found that about 3% of them cause injuries and more than 4% of them are deadly.

Continue reading " TRUCK DRIVER KILLED IN SEMI TRUCK CRASH ON INDIANA'S INTERSTATE 70 " »

Posted On: August 17, 2011

INDIANA CAR ACCIDENT WITH INJURY CASE HEADS TO TRIAL

The Indianapolis Auto Accident Lawyers at Crossen Kooi have learned an Indiana Car Accident case is heading to trial next week in Tippecanoe Superior Court. The Vehicle Crash happened in February and involved a Ford Explorer and a Buick Sedan. Buck Creek's Stephanie Adams was driving the Buick and is charged with obstruction of traffic which is a Class A misdemeanor and the Class D felony of obstruction of traffic causing serious bodily injury. Chicago's Henry Iniguez was driving the Explorer and was seriously hurt in the Auto Collision. Adams did not suffer any injuries.

Indiana investigators contend Iniguez was driving on Indiana State Road 26 when he tried to pass Adams. He was reportedly unable to pass her because her vehicle was left of the center line. So, Iniguez's SUV went off the road, and when he over corrected, he hit Adams's car. This Vehicle Collision caused Iniguez's vehicle to roll over.

Adams explained to Tippecanoe County sheriff's investigators that she was in the middle of the road to protect Iniguez's car because the vehicles were heading towards a hill. There are conflicting reports on whether Adams used her brakes during this time. Additionally, Iniguez claims Adams made a negative gesture to him before the Auto Accident.

Indiana Auto Accident Lawyers recognize a civil lawsuit in a such case could bring the plaintiff money to cover medical expenses and lost wages if the victim missed work due to injuries suffered in the Vehicle Crash. If someone is involved in an Auto Accident, it is important they seek out the proper legal advice to make sure they receive the proper care and compensation. In Indiana, it is extremely helpful for a victim's case if the accident victims take certain steps as soon as they are able. If they are not physically or mentally able to, a victim's family member may be able to help them take the necessary actions.

The charges Adams faces are detailed in Indiana Code 35-42-2-4 under the "Obstruction of Traffic" heading. The law details someone who "recklessly, knowingly, or intentionally obstructs vehicular or pedestrian traffic commits obstruction of traffic." That is considered a Class B misdemeanor. However, additional charges can apply if the action includes using a motor vehicle. That's Class A misdemeanor. Additionally, if that offense causes "serious bodily injury," it may be considered a Class D felony. You'll recall Adams is facing both a Class A misdemeanor and a Class D felony.

Continue reading " INDIANA CAR ACCIDENT WITH INJURY CASE HEADS TO TRIAL " »

Posted On: August 16, 2011

ENGINEERING FIRM HIRED TO INVESTIGATE DEADLY CONCERT STAGE COLLAPSE AT INDIANA STATE FAIR

Officials with the Indiana State Fair hired an engineering firm out of New York to look into this past weekend's deadly Concert Accident. Indianapolis Personal Injury Lawyers at Crossen Kooi learned the firm's name is Thornton Thomasetti. A spokesperson with the Indiana State Fair Commission said the firm's discoveries and suggestions will be announced to the general public after the investigation is completed hopefully, by the end of this year. In the investigation into the Sugarland Concert Stage Collapse, engineers from Thornton Tomasetti will examine the debris as well as look over documents and interview officials with Mid-America Sound Corp. of Greenfield, Indiana. That company supplied the rigging which fell.

The firm, Thornton Thomasetti, is not new to investigations involving unprecedented collapses. Its employees looked into the World Trade Center collapse following the September 11, 2001 attacks. However, the company was also embroiled in the fraud controversy surrounding Marion County's Public Library. A jury did eventually clear the firm of wrongdoing.

As for the five fatal victims of the Concert Accident, funeral services are set for four of the deceased. At last check, Indiana Personal Injury Lawyers found more than 15 people who were hurt when the rigging fell were still hospitalized at local Indianapolis hospitals. Immediately after Saturday's accident, more than 40 people were sent to area hospitals with a range of injuries.

While it is extremely important that the victims of the Stage Collapse seek and receive the proper medical attention, it is also important that they and/or their families also look for the appropriate legal advice and representation. The Indiana State Fair as well as other entities could be found legally responsible for this tragic accident. In that case, the victims could be entitled to compensation for their medical bills, lost wages and pain and suffering.

For example, Indiana law states that when it comes to Personal Injuries or death on state property, each individual victim cannot receive more than $700,000. All the victims combined cannot receive more than $5 million. These so-called "tort claims" must be filed within 9 months of the accident. These details are described in Indiana Code 34-13-3-4.

Legal deadlines are important to be aware of to make sure Personal Injury victims receive all the compensation they deserve. In addition to the tort claim filing deadline, if victims wish to file a lawsuit against a private company like the company responsible for erecting the rigging, those victims must do so within 2 years. And claims against the city of Indianapolis or Marion County must be submitted within 180 days.

Continue reading " ENGINEERING FIRM HIRED TO INVESTIGATE DEADLY CONCERT STAGE COLLAPSE AT INDIANA STATE FAIR " »

Posted On: August 15, 2011

VICTIMS OF INDIANA STATE FAIR STAGE COLLAPSE IDENTIFIED, LATER HONORED AT CEREMONY

The Indiana State Fair re-opened today following a Deadly Sugarland Concert Accident Saturday. Indiana's governor as well as Indianapolis Mayor Greg Ballard were among the officials who participated in a memorial service for the victims of the tragic accident. The Indiana Personal Injury Attorneys at Crossen Kooi have now learned the identities of those five victims. They are 42 year old Tammy Vandam of Wanatah, 49 year old Glenn Goodrich of Indianapolis, 23 year old Alina Bigjohny of Fort Wayne, 29 year old Christina Santiago of Chicago, and 51 year old Nathan Byrd of Indianapolis. Additionally, more than 40 people were hurt when the stage collapsed.

Byrd was the 5th person to die from the Concert Accident. He passed away Sunday at Methodist Hospital in Indianapolis. He was a spotlight operator who was up in the rigging at the time the stage fell. Indiana Workers Compensation issues are not confirmed. However, workers who are hurt or fatally injured while on the job are often entitled to Work Comp benefits.

Indianapolis Concert Accident Lawyers are also learning more about the other four victims. Bigjohny was a recent Manchester College graduate who was about to start a teaching job at a middle school in Muncie. Goodrich leaves behind a wife and two sons. He spent about two decades working security. Santiago had driven down from Chicago for the Sugarland concert. She was a manager at the Community Care Project at Howard Brown Health Center. Vandam was a mother who was attending the concert as part of a belated birthday celebration.

As for why the stage at the Indiana State Fair's Main Grandstand collapsed, many agencies are looking into this. Indiana State Police and Marion County authorities are taking the reins on the investigation. Also, officials with the Indiana Occupational Safety and Health Administration are examining the company who put up the rigging, Mid-America Sound Corporation. A company engineer from Tennessee was also said to be set to investigate the collapse. IOSHA is often involved in Indiana Workers Compensation cases.

The weather appears to have played a big role in the Concert Accident. A severe thunderstorm warning had been in place before the accident happened shortly before 9PM. Extremely strong winds preceded the rain. The National Weather Service estimates wind gusts reached 60-70 mph. Conflicting reports exist on what concert goers where told about the weather and evacuation plans in a message just minutes before the wind kicked up.

Continue reading " VICTIMS OF INDIANA STATE FAIR STAGE COLLAPSE IDENTIFIED, LATER HONORED AT CEREMONY " »

Posted On: August 14, 2011

TRAGEDY HITS SUGARLAND CONCERT AT INDIANA STATE FAIR GROUNDS WHEN WIND COLLAPSES STAGE

Indiana Lawyer and Indianapolis Attorneys at Crossen Kooi have learned that four Sugarland concert goers are dead and at least 43 are reported to have been injured when a gust front blew through the Indiana State Fair Grounds at approximately 8:55 Saturday night. Local meteorologists are reporting that a gust front (the leading edge of cool air rushing down and out from a thunderstorm) may have reached speeds in excess of 70+ mph. Several concert goers being interviewed by local media were reporting that while a concert employee advised them that bad weather was in the area, fans were being told that Sugarland would be coming on in a few minutes and if or when an evacuation was necessary, fans were to head towards the Pepsi Coliseum or other buildings in the area.
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Fans at the State Fair grounds were reporting that as the winds blew in, dust and sand from the surrounding horse track encompassed the concert area. Those near the stage reported hearing cracking and crushing noise and shortly thereafter the rigging around the stage collapsed. At least four members of the concert crew were up in the rigging at the time of the collapse and many fans were pinned underneath the rigging and video and audio equipment. In video images showing the collapse, several workers can be seen attempting to jump from the rigging as it fell. The condition of these workers are not known at this time. video of the Concert could be seen at IndyChannel.com

Injuries to the victims ranged from fractures and lacerations to skull and head injuries. The youngest victim known at this time, a three year old little girl, was attended to by a local physician that was in the front row at the time of the collapse. They physician reported that she had a severe injury to her arm and he did not see anyone else with the child when he found her and attempted to stabilize her arm. Another seven year old child was reportedly taken to Riley Children's Hospital. Several people were taking to social media outlets like Twitter and Facebook in an attempt to locate their love ones. Sixteen of the victims were transported to Wishard Hospital with at least eight being taken to Methodist. Hospital officials are reporting that all on-duty personnel have been called to Wishard to assist. Three of the victims, including the seven year old, were taken to Riley. There were no further confirmed reports on the condition of the unidentified three year old with the arm injury.

While initial reports coming in claiming as many as 200 people were injured from the accident, an official at Wishard Hospital told local media that those numbers were likely too high. As the reports continue to progress, however, there were numerous reports of individuals walking into area hospitals with injuries.

There was a very short press briefing following the the accident, where Indianapolis Mayor Greg Ballard praised first responders working at the scene claiming "[e]verything has been very well coordinated to respond to this event". Officials, including the Indiana State Police, advised that they intend to have a press conference on Sunday to provide updates on the situation. Stay with us on IndyFirm.com for all the recent information on this very fluid situation.

Posted On: August 12, 2011

THREE SEMI TRUCKS CRASH IN INDIANA'S BOONE COUNTY LEAVING ONE DRIVER DEAD

A truck driver is dead following a Semi Truck Accident in Indiana's Boone County on Thursday. Three big rigs were involved in the Vehicle Collision on United States Interstate 65. Workers' Compensation issues are not yet confirmed, but truck drivers could be entitled to Indiana Work Comp benefits if they are hurt while in the course and scope of employment. Experienced Indianapolis Worker's Compensation Lawyers can help injured Semi Truck Drivers determine if they should receive Work Comp benefits and how much they should receive.

In this recent Tractor Trailer Crash, Indiana State Police say the driver of a semi truck drove into the rear of two other semi trucks that were in a construction zone. One of the big rigs was hauling two trailers. One of those trailers had petroleum products in it, and the other trailer had paint products in it. Thus, that truck went up in flames as a result of the vehicle crash. The truck that initially collided with it became stuck inside that trailer and that semi's driver died.

This part of United States Interstate 65 is all too familiar with deadly Semi Truck Accidents. Less than 2 months ago, a truck driver died as a result of a similar semi crash. And in January of this year, a truck driver was hurt when he collided with the rear of another Semi Truck close to the spot where this week's deadly truck crash happened. Now, Indiana State Police are looking into why this part of United States Interstate 65 is the site of so many deadly Semi Truck Crashes.

Semi Trucks themselves are often involved in deadly vehicle crashes no matter what highway they find themselves. The National Highway Traffic Safety Administration found that across the country, large trucks were in 3,215 deadly vehicle crashes in 2009. That accounted for about 7% of all the fatal vehicle accidents that year. However, in Indiana, large trucks were involved in a larger percentage of all the deadly vehicle collisions with 10.9% of Indiana's fatal vehicle collisions involving large trucks.

Not surprisingly, the Indiana drivers of Semi Trucks often find themselves needing Work Comp benefits. Worker's Compensation is a term that refers to an injury or death a worker sustains while in the course and scope of employment. Each state has its own Work Comp codes and laws. Thus, it's important for injured employees to seek out an honest and hard-working Indiana Work Comp Lawyer to ensure the proper steps are taken to ensure the injured workers receive the medical care and Workers Compensation benefits they deserve.

Continue reading " THREE SEMI TRUCKS CRASH IN INDIANA'S BOONE COUNTY LEAVING ONE DRIVER DEAD " »

Posted On: August 9, 2011

VEHICLE CRASH IN MIAMI COUNTY, INDIANA LEAVES EIGHT PEOPLE HURT

Eight people were hurt in a Vehicle Crash in Miami County, Indiana. The accident happened Saturday afternoon and involved a van and a pickup truck. Vehicle Accidents involving multiple victims can be complicated when it comes to dealing with insurance companies. Experienced Indianapolis Vehicle Accident Lawyers can be a great resource to help victims get the care and benefits they deserve.

In this Truck Crash, Indiana investigators say it all began when a van full of people from Wabash, Indiana was heading west on County Road 300 North. The driver was 16 years old. He apparently stopped at a stop sign when he reached Meridian Road and then started to cross the street. That's when a pick-up truck reportedly struck the van on the passenger side. 63-year old Richard Day was driving the truck. His three passengers were from Denver, Indiana. Local police say the truck did not have to stop at the stop sign. Thus, police issued the 16-year old driver a ticket for not yielding to cross traffic.

As for injuries, the 16-year old driver of the van was not hurt in the Vehicle Crash. However, four of his passengers did suffer injuries. Two of the people including a 6 year old suffered head injuries after they were thrust out of the van due to the impact of the accident. The truck's driver was taken to a local Fort Wayne, Indiana hospital with a leg injury. His three passengers were taken to Dukes Hospital for treatment for their minor injuries.

Young drivers do often find themselves in Auto Accidents. Unfortunately, experienced Indiana Auto Collision Lawyers see this situation all too often. The Centers for Disease Control and Prevention took a look at the numbers and found in 2009, about 3,000 teenagers throughout the country aged 15–19 died in vehicle accidents, and more than 350,000 were treated in emergency departments because they were hurt vehicle crashes. The dangers teen drivers pose and face is even more evident in another statistic -- per mile driven, teenage drivers ages 16 to 19 are four times more likely than older drivers to be in a vehicle collision.

Gender appears to play a role as well in Auto Crashes involving teens. Data from 2006, found the motor vehicle death rate for male drivers and passengers ages 15 to 19 was about twice that of females ages 15-19.

The CDC suggests parents take a leading role in helping protect teen drivers and their passengers from deadly Vehicle Crashes. One such way is to write a "Parent-Teen Driving Agreement." That agreement should entail rules concerning the top dangers for teenage drivers like underestimating hazardous situations.

Continue reading " VEHICLE CRASH IN MIAMI COUNTY, INDIANA LEAVES EIGHT PEOPLE HURT " »

Posted On: August 8, 2011

SEMI TRUCK CRASH IN DELAWARE COUNTY KILLS MUNCIE, INDIANA WOMAN

Delaware County, Indiana was the site of a deadly Semi Truck Crash Saturday afternoon. 71-year old Rose Ann Trego from Muncie, Indiana was killed when her vehicle collided with a tractor trailer on Indiana State Road 32. The semi truck driver, Wallace Chase, is from Indianapolis, and he was hurt in the Vehicle Accident. Indiana Workers Compensation issues could be involved, but it is not yet clear. Experienced Indiana Workers' Compensation Lawyers can help victims learn what benefits they are entitled to if they injured while on the job. On the job injuries often occur when a worker is in a vehicle doing work related tasks such as trucking and transportation.

In this Truck Accident, Trego apparently veered into oncoming traffic as she was driving east on Indiana State Road 32 near Mount Pleasant Township. She reportedly tried to get back into her own lane, but it was too late. She hit the westbound semi truck head-on. The truck driver was transported to a local Indiana University hospital for treatment for his injuries. Indiana investigators say speed does not appear to be a cause of the deadly Truck Crash because both vehicles were going the speed limit or very close to it.

At the time of the Vehicle Crash, Trego and her family were already dealing with a loss. Her husband died July 27th after a long illness. They were married 52 years.

As for the Tractor Trailer driver, Indiana investigators say his injuries do not appear to be severe. However, even non-severe injuries can leave a worker unable to perform his work related duties. This is where experienced and honest Indiana Workers' Compensation Lawyers at Crossen Kooi can be invaluable. They are well-versed in Indiana's Work Comp laws and codes and can help victims and their families receive the benefits they deserve. Indiana does have specific guidelines injured workers should follow to ensure they receive the proper care and benefits. Thus, if an employee does suffer an injury in the workplace, it is important to contact an Indianapolis Workers' Compensation Lawyer as soon as possible to make sure that employee receives the treatment and compensation to which he or she is entitled.

In Indianapolis and in cities and towns throughout Indiana, Semi Truck Accidents are often tied to Workers Compensation benefits. Work Comp does extend to when a worker dies while on the job. In fact, in 2009, the Indiana Department of Labor found the transportation and warehousing industries had the second most deadly workplace injuries with 17. Only the agriculture industry had more with 23.

Not surprisingly, Semi Trucks are involved in thousands of accidents both fatal and non-fatal every year. The United States Department of Transportation estimates 500,00 truck accidents happen each year. Interestingly though, when looking at fatalities from Vehicle Crashes, researchers found fewer than 9% of those deaths involved commercial vehicles like tractor trailers.

Continue reading " SEMI TRUCK CRASH IN DELAWARE COUNTY KILLS MUNCIE, INDIANA WOMAN " »

Posted On: August 5, 2011

INDIANAPOLIS MOTORCYCLE CRASH WITH TRUCK LEAVES ONE DEAD

Indianapolis's northwest side was the site of a deadly Motorcycle Crash that involved a Truck as well. The Truck Accident happened Thursday afternoon. Experienced Indiana Vehicle Accident Attorneys can assist victims who are hurt in all types of Vehicle Collisions including truck crashes and motorcycle accidents. In this specific crash, the truck was a paving one so if the driver was on the job when the accident happened and was injured, Indiana Workers Compensation issues could be involved. However, reports are that the 51-year old driver from Kokomo, Indiana was not hurt in the crash. It was the motorcyclist who was killed.

Indianapolis Metropolitan Police Department officers say the Motorcycle Accident happened when the pickup truck had a red light but apparently was unable to stop. Thus, the truck collided with the motorcycle which was close to a United States Interstate 465 exit ramp. The collision caused the motorcyclist to become trapped under the truck. Indianapolis Metropolitan Police Department officers say the victim was probably not wearing a helmet at the time of the crash.

While many people enjoy riding motorcycles, these vehicles are involved in thousands of deadly accidents each year. The National Highway Traffic Safety Administration found in 2005, more than 4,500 motorcycle riders were killed in motorcycle crashes. Of those, 44% were in single vehicle accidents, and 56% were in crashes with more than one vehicle. When examining the multi vehicle motorcycle crashes, investigators found most of the fatalities happened when only two vehicles were involved. And 85% of those crashes included a passenger vehicle not another motorcycle. Not surprisingly, in those two vehicle accidents, 98% of the fatalities were motorcycle riders and 2% were in the passenger vehicle.

Due to the risk involved with riding a motorcycle, many lawmakers and safety experts have pushed for the use of motorcycle helmets. However, recent research shows many motorcycle riders are not wearing Department of Transportation compliant helmets. This is believed to have been the case in this week's deadly Motorcycle Crash in Indianapolis. In fact, compliant motorcycle helmet use has actually decreased! The United States Department of Transportation found in 2009, motorcycle helmet use stood at 67%. One year later, use had dropped to 54%.

Recent research looked at this trend further and found DOT compliant motorcycle helmet use in the Midwest including Indiana dropped by 24% to 43% in 2010. Helmet use also dropped in rural parts of the country and during both weekdays and weekends.

Continue reading " INDIANAPOLIS MOTORCYCLE CRASH WITH TRUCK LEAVES ONE DEAD " »

Posted On: August 4, 2011

DELPHI, INDIANA MAN DEAD AFTER TANKER TRUCK CRASHES IN INDIANAPOLIS

A 47-year old man from Delphi, Indiana is dead following a Tanker Truck Crash in Indianapolis. Deadly accidents can unleash many legal challenges for the victims' families, and the Indiana Truck Accident Lawyers at Crossen Kooi are experienced in helping victims' families receive the benefits they deserve.

In this recent truck crash, the tanker was carrying gasoline, and it was the truck's driver, Shawn Sullivan, who was killed. If he was, indeed, on the job when the truck collision occurred, his family and/or dependents could be entitled to Workers Compensation benefits. However, it is not yet clear if Work Comp issues are involved.

As for how this Vehicle Accident happened, Indiana investigators say Sullivan's truck veered off the right side of the Crawfordsville Road ramp as the truck was heading to United States Interstate 465. The truck then hit concrete barriers in a construction zone and flipped. The impact of the crash caused thousands of gallons of gasoline to spill out of the truck.

Additionally, officials with the Indiana Department of Transportation say the asphalt near the ramp was damaged in the Tanker Truck Accident. Thus, the Crawfordsville ramp was still closed at last check as crews work to clean up the spill and figure out how to move traffic away from the affected asphalt.

Gasoline is, obviously, considered a hazardous material, and according to the United States Department of Transportation, each day, more than 800,000 shipments of hazardous materials in trucks are made. Unfortunately, about 200 hazmat trucks each year find themselves in deadly collisions, and 5,000 are involved in non-deadly accidents. Because of the dangers associated with carrying hazardous materials, the drivers of these trucks face a high risk of injury and death if they crash.

Thus, truck drivers carrying hazardous materials should be aware of their employer's Workers' Compensation benefits. Work Comp refers to the insurance an employer or company carries to care for a worker if that employee is hurt while on the job. The laws and benefits surrounding Workers Compensation vary by state, but the Worker's Compensation Lawyers at Crossen Kooi are well-versed in the Indiana and Illinois Work Comp laws and codes.

And, it is important to note, that in the event that the worker is killed while in the course and scope of employment, that worker's family may very well be entitled to certain Work Comp benefits. However, an injured worker or the family of a deceased worker must take specific actions to ensure they receive proper care and the benefits they deserve.

Continue reading " DELPHI, INDIANA MAN DEAD AFTER TANKER TRUCK CRASHES IN INDIANAPOLIS " »

Posted On: August 3, 2011

INDIANA "FUGITIVE" NOSE DOCTOR FACING MEDICAL MALPRACTICE CHARGES ASKS FOR NEW TRIAL VENUE

An Indiana nose doctor who once fled the country while facing Medical Malpractice claims is asking for his trial to be moved to a court district outside of the Hammond, Indiana one at which it is set. Indiana Medical Malpractice Attorneys can ask for a change in venue if they think the current venue will not allow their client to have a fair trial. In this case, Doctor Mark Weinberger's lawyer says the intense media coverage surrounding Weinberger could effect prospective jurors. The health care fraud and medical malpractice trial is set to start in early 2012.

Weinberger's Medical Malpractice and Medical Negligence cases have been in the spotlight recently. Back in April, he attempted to reach a plea deal on 22 counts of health care fraud. However, the judge rejected it saying the case was bigger than specified. The fraud stemmed from nose surgeries Weinberger allegedly billed for but never performed.

A month before the plea deal was rejected, a jury in Lake County, Indiana convicted Weinberger in the Medical Malpractice suit concerning the late Phyllis Barnes. Barnes's family claimed Weinberger did not diagnose her lung cancer from which she later died. Her family contends the doctor, instead, treated her for other conditions simply to make money.

After Barnes's death, Weinberger fled the country and was not found for about 5 years. In the meantime, the Medical Malpractice and Medical Negligence lawsuits piled up. The Merrillville, Indiana doctor is confronted with about 350 medical malpractice suits in the Hoosier state.

In Barnes's case, the Indiana jury awarded her family $13 million in damages. However, like many states, Indiana laws dictate how Medical Malpractice lawsuits can be handled and how damages can be awarded. In Indiana, these guidelines fall under the Indiana Compensation Act for Patients or INCAP for short. This Indiana Medical Malpractice Act has been in place for more than 35 years. One key element of INCAP are the caps on damages a victim can receive. Despite what a jury may decide, the total amount of damages a patient can receive for a medical error is currently $1.25 million. Part of that money comes from the doctor or medical care provider and part comes from the Indiana Patient's Compensation Fund. That fund is another element of INCAP.

Of course, INCAP entails other elements such as limits on attorney fees and a statute of limitations. The Indiana State Medical Association details aspects of the Indiana Compensation Act for Patients on its website.

Continue reading " INDIANA "FUGITIVE" NOSE DOCTOR FACING MEDICAL MALPRACTICE CHARGES ASKS FOR NEW TRIAL VENUE " »

Posted On: August 2, 2011

TWO TRUCKS INCLUDING A SEMI CRASH IN INDIANA, KILLING ONE

One person is dead following a Semi Truck Accident in Mooresville, Indiana. Workers Compensation issues could be involved, and Indiana Worker's Compensation Lawyers can help injured or deceased victims and their families with these often complex situations. In this case, three vehicles were involved in the accident. The vehicle collision occurred near Indiana State Road 267 and Indiana Street on Monday.

As for what happened, Mooresville police say the tractor trailer hit a pickup truck, and then the pickup truck collided with another vehicle. The semi truck was transporting mail at the time of the Vehicle Crash. The driver of the pickup truck was killed in the vehicle accident.

Pickup trucks fall into the "light truck" category when looking at vehicle crash statistics, and light trucks are involved in thousands of deadly accidents every year in the United States. The National Highway Traffic Safety Administration found light trucks were involved in 17,02 fatal vehicle collisions in 2009 making up 39.4% of all deadly vehicle crashes. In that category, both standard and compact pickup trucks accounted for more than 8,000 fatal vehicle accidents which is more than 18% of all deadly crashes.

So why are pickup trucks involved in so many crashes with deadly consequences? Indianapolis Truck Accident Lawyers and safety experts took a look at recent studies and found that research shows the high fatality rate is often tied to seatbelt use or lack thereof. One study found only 69% of people in pickup trucks wore safety belts in June of 2003 while 81% of people in passenger cars and 83% of people in SUVs and vans were wearing safety belts.

Another legal issue that could come into play is Workers' Compensation which is often referred to as "Work Comp." Worker's Compensation varies by state. In general, it is the insurance and laws concerning an injury a worker suffers while in the course and scope of employment. It also takes into account a worker who dies while on the job. When an employee suffers a workplace injury, immediate and specific actions are often required to ensure Work Comp benefits. An Indiana Workers Compensation Lawyer is very familiar with what needs to be done and can guide injured workers and their families through the process.

In Indiana, workers suffer thousands of injuries each year. Often, those injuries are fatal. The Indiana Department of Labor reported 123 workers were killed while on the job in 2009 in the Hoosier state. As for injuries and illnesses, 94,800 of those were reported among Indiana workers in 2009. That represented the lowest occupational injury and illness rate on record in Indiana.

Continue reading " TWO TRUCKS INCLUDING A SEMI CRASH IN INDIANA, KILLING ONE " »

Posted On: August 1, 2011

THREE INDIANA FAMILY MEMBERS KILLED IN CAR CRASH NORTH OF INDIANAPOLIS

Three family members died in a Car Crash in Howard County, Indiana. It is often necessary to contact an Indianapolis Auto Accident Lawyer when a car crash occurs to make sure the victims receive the proper benefits and care. This recent Auto Accident happened near Kokomo which is north of Indianapolis. 39-year old Doreen Cicalo, her 17 year old son Zechariah, and her 16 year old daughter Eden were all killed.

As for who was driving the car in the car crash, Zechariah was apparently the driver and had a learner's permit. His father says Zechariah was in the process of learning how to drive a car when the tragic Auto Crash occurred. Howard County police say the automobile veered from its lane and collided with a guardrail and then flipped into a ditch. Zechariah and his mother died at the scene while his sister later died at a local Indianapolis hospital. The victims were from a large family in Galveston, Indiana.

The effects of an Auto Accident can be devastating for the victims and their loved ones who are left behind. In this recent Indiana vehicle crash, a family of 14 lost their mother and two children. Thus, a Galveston church reached out to help. Cornerstone Community Bible Church collected household goods on Sunday for the Cicalo family. A bank account for financial contributions was set up as well.

Thousands of auto accidents happen every year in Indiana and throughout the country. Unfortunately, young drivers including those with their learner's permit or who recently got their driver's license are often at fault. The Centers for Disease Control and Prevention found that vehicle crashes are the leading cause of death for teens in America. And data from two years ago showed that eight teenagers ages 16 to 19 were killed each day from vehicle injuries. Male drivers seem to be particularly at risk. Research showed that from 2000-2006, almost twice as many males than females ages 15-19 were killed in auto accidents.

So what can be done to protect our young drivers? The CDC recommends comprehensive graduated drivers licensing systems known as GDLs. The most entailed GDLs seem to be tied to decreasing deadly Vehicle Crashes 38% and those with injuries by 40% among 16 year old drivers. The graduated drivers licensing programs don't give teens full driving privileges right away. Instead, the programs gradually give teenagers full driver's privileges so teen can accumulate driving experiences under low-risk conditions.

As for the number of teen victims in Indiana, the National Highway Traffic Safety Administration found in 2009, 78 people between the ages of 16 and 20 were killed in vehicle collisions. The number of deaths then decreases by 10 in the next age group of 21-24 year olds.

Continue reading " THREE INDIANA FAMILY MEMBERS KILLED IN CAR CRASH NORTH OF INDIANAPOLIS " »