Indiana Injury Lawyer Blog

Bartholomew County Sheriff's Dep. Jeff Wehmiller is working to investigate a crash that left a Columbus teenager and a Bluffton dead Friday afternoon. The head-on collision occurred near 5913 W. Indiana 46. Both men, Michael Brickley, 57, of Bluffton and Katlin Piper, 19, of Columbus, were pronounced dead at Columbus Regional Hospital shortly after the crash; however, authorities believe they were both killed instantly on impact.

A five year-old passenger in the truck driven by Brickley, Aeryk Nicholson, was flown by helicopter to Methodist Hospital in Indianapolis for treatment. The child's condition was unavailable Friday night. Another passenger in Brickley's truck, Rochelle Saine, 46, of Bluffton, was transported by ambulance to Columbus Regional Hospital for treatment. Although her injuries were reported as non-life-threatening, no updates were available Friday afternoon.

According to police, it appears that Piper was eastbound on Indiana 46W at approximately 2:56 p.m. when his vehicle crossed the highway's center line and crashed head-on into Brickley's pickup. Police were baffled by what could have caused Piper to move into the westbound lane; however, some witnesses reported seeing a low-flying aircraft at the time of the accident. Police also observed the aircraft, but could not say for sure that it was a contributing factor in the accident. Toxicology tests were submitted; however, police do not believe that drugs or alcohol played a part in the collision.

Continue reading "A HEAD ON COLLISION CLAIMS THE LIFE OF TWO MEN IN BARTHOLOMEW COUNTY INDIANA ON INDIANA STATE ROAD 46" »

Indiana State Trooper, Nick Klingkammer, was in his squad car stopped at a light near the intersection of Keystone and Fall Creek at around 1:30 am this morning when a vehicle driven by Sonja Dixon collided with him.

Klingkammer was taken to the hospital and released; however, it was discovered that Dixon had an blood-alcohol level of .21. Authorities are still investigating the incident; however, at this point they believe Dixon's intoxication was the cause.

Generally speaking, Indiana workers are precluded from filing a lawsuit against their employers or other people employed by the same employer when they are injured on the job. However, in the event that one can prove that the injury was due to the fault of another company or person employed by another company, an employee may also pursue what is called a "third-party claim". In this case, the employee would file a lawsuit for damages. This lawsuit would be in addition to the remedies available under the Indiana Worker's Compensation laws and benefits. Having said that, however, in most instances the employer's insurer will seek subrogation for those benefits paid on behalf of the employee. This is called a lien.

A common example of a work comp. injury with third party liability is an on-the-job auto accident. If an employee is traveling to a work-related function for the employer and is involved in a car accident due to the fault of another, the employee will probably be entitled to workers' compensation benefits for his or her injuries, but may also be permitted to file suite against the other driver under a third party claim for damages.

Another common example of third-party liability is in construction. If an employee is working on a large construction project and becomes injured from the neglect of another (such as an employee of another firm or sub-contractor) they may have a claim against that other firm or the general contractor who is in charge of safety on the job site.

Like a workers' compensation claim, in most cases the third-party claim must be filed within two years of the date of the accident. In some cases involving a defect in design or machinery, the Statute of Limitations may extend up to ten years from the date the product was placed into use. An attorney should be consulted immediately regarding the limitations on any case as these are very fact sensitive issues.

Continue reading "SOME INDIANA WORK INJURIES FALL OUTSIDE OF THE WORKER'S COMPENSATION REMEDIES" »

The Indiana Worker's Compensation Board has issued a handbook to facilitate employees' and employers' understanding of the laws which govern Indiana Work Comp claims. The following is a link to the Board's website and Handbook posting:

INDIANA WORK COMP HANDBOOK

Continue reading "INDIANA WORK COMP HANDBOOK" »

Continue reading "SEMI TRACTOR TRAILER OVERTURNS ON INTERSTATE 465 NEAR I 74" »

Two people were seriously injured in a morning car accident near State Road 13 when a truck driver pulled out into the path of a Chevy Impala. Police reported that the driver and a passenger in the Impala were taken to Methodist Hospital in Indianapolis, Indiana, after their vehicle was struck, which caused it to flip and land in a ditch.

The injuries at the time of reporting were not thought to be life-threatening. The driver and a passenger in the truck were not injured in the collision. Immediately following the collision, police shut down portions of SR 13 between 226th Street and 256th Street while crews cleared debris from the accident.

Continue reading "TWO PEOPLE ARE SERIOUSLY INJURED IN MORNING CAR CRASH IN HAMILTON COUNTY" »

The Indiana Court of Appeals has upheld the Worker's Compensation Board's prior ruling that an employer, a pizza retailer, must pay for the weight-loss surgery of an obese employee. All is not as it seems with this headline; however, as the ruling is based on the Court's reliance on medical testimony related to the actual injury the employee suffered while in the course and scope of his employment, a back injury. The Indiana Court of Appeals noted the medical evidence was such that the weight loss surgery was an extension of additional medical care required to ensure the success of an operation for a back injury.

Adam Childers, a 340 lb. cook employed by Boston's The Gourmet Pizza, of Schererville was originally injured by a freezer door. He treating surgeons testified that while he needed back surgery, the surgery would not be successful unless he first had weight-loss surgery. The employer, Boston's, argued it shouldn't have to pay because Childers' weight was a pre-existing condition, but the Indiana Workers' Compensation Board and the Court said the company had to pay because his weight and the accident created a single and continuous injury.

Continue reading "INDIANA COURT UPHOLDS WOKERS COMPENSATION BOARD RULING THAT FORCES EMPLOYER TO PAY FOR WEIGHT LOSS SURGERY" »

The LAP-BAND® Adjustable Gastric Banding System is a gastric banding system that helps individuals lose and control weight by reducing the amount of food that their stomach can hold at one time. According to the parent-company's website, the name "LAP-BAND" comes from the minimally invasive surgical technique used (laparoscopy) and the silicone gastric band placed around the top of the upper part of your stomach. The LAP-BAND® System works by helping individuals control their food intake and supporting long term, sustainable weight loss.

Although this procedure is not the type of surgery one might expect to be covered under a Worker’s Compensation claim, one Indiana pizza store has learned that its insurer will do just that. Boston's, a pizza shop in Schererville, Indiana, was told by an Indiana Appellate Court that its insurer will pay for an employee’s weight loss surgery and a subsequent back surgery. The issue arose after 25-year old and then 340 lb. (he is now listed at 380lbs.) Adam Childers was injured on the job.

Childers was injured in March 2007, when he was hit by the freezer door in the kitchen of Boston’s Gourmet Pizza. The injury, which caused him to fall down, caused Childers heavy back pain that spread to his legs and was said to require an operation. The twist to this story came in when Childers was medically advised that this operation wouldn’t be successful unless he lost some weight. In fact, according to at least one physician's testimony, there was a possibility that if he lost enough weight the back surgery might even turn out to be unnecessary.

Medical testimony offered during the Worker's Compensation Board Hearing, however, demonstrated that Childers was unable to lose weight on his own during the period he had his accident, and so his weight situation at that time, when added to the incident, was found to create a “single injury” under a worker's compensation claim that made him eligible for both the Lap-Band procedure and the subsequent back surgery.

Continue reading "LAP-BAND WEIGHT LOSS SURGERY TO BE COVERED UNDER INDIANA EMPLOYEE'S WORKERS COMPENSATION CLAIM" »

The Worker's Compensation Board of Indiana maintains a website that allows victims of work-related injuries in Indiana to research issues related to potential claims, obtain forms to file claims, and answer common questions regarding injuries sustained while on the job. The website has recently seen a face-lift and has benefited from numerous additions including statutory language, forms, and scheduling details for pending claims. The website is a true asset to Indiana Workers and their families who have suffered injuries while on their job or through their employment. The website can also be an asset for new or operating businesses to research their requirements and obligations under Indiana's Worker's Compensation laws.

Continue reading "INDIANA WORKER COMPENSATION BOARD HAS WEBSITE TO FACILITATE EMPLOYEES INJURED ON THE JOB" »

Westchester County officials are at a loss to explain the actions of the Long Island Mother that got behind the wheel of her mini-van while drunk on vodka and high on marijuana. The deadly combination attributed to her driving the wrong-way down a Westchester highway and killing herself and seven others, including her own daughter.

The Westchester County Medical Examiner released toxicology reports conducted on 36-year-old Diane Schuler following the deadly July 26th crash along the Taconic State Parkway in Briarcliff Manor. The report noted that Schuler's blood-alcohol level was .19%. The legal limit in New York is .08%. Although no criminal charges are anticipated in light of Schuler's death, the Westchester County District Attorney, Janet DiFiore, indicated that her office, accompanied by the New York State Police, will continue to investigate the facts surrounding the collision that caused eight deaths. DiFiore justified the continued investigation noting that she wanted the public and the families of the victims to "understand what lead to this horrific crash".

Among the victims of Schuler's actions were her 2-year-old daughter and three nieces. According to initial reports, Schuler, her daughter and her three nieces were returning home to West Babylon, Long Island, from a camping trip in upstate New York when she traveled nearly two miles against oncoming traffic before colliding head-on with a Chevrolet Trail Blazer driven by Guy Bastardi.

Bastardi was traveling with his father, Michael, and family friend, Daniel Longo. All three men were killed by the head-on collision.

The only survivor of the accident was Schuler's 5-year-old son, Bryan. Bryan is listed in stable condition at Westchester Medical Center, where he continues to receive medical care.

Sections of Interstate 74 near Brownsburg, Indiana, were completely shut down just after 8:15 am on Wednesday as result of a head on auto collision. Authorities were able to reopen all lanes just after 1 p.m..

The Hendricks County Sheriff's Department reported that a 59 year old woman driving a mid-sized SUV entered I-74 from an exit ramp at Ronald Reagan Parkway near Avon, placing her in the wrong lane travelling into the path of oncoming traffic. Eye-witnesses reported that the woman struck a semi near its rear axle, and her vehicle was sent airborne whereupon it struck another semi-tractor trailer head-on.

According the Hendrick's County Sheriff's Department, the woman was driving a Jeep Cherokee. She was killed instantly upon impact; however, neither semi driver was reportedly injured. Police were not yet reporting the driver's name.

Continue reading "AUTO CRASH ON INTERSTATE 74 CLAIMS THE LIFE OF WOMAN NEAR BROWNSBURG" »

Officials at an amusement park in Indiana are blaming injuries to over forty people on a defective pump. In reports to the press, the President of Holiday World Splashin Safari in Indiana reported that a filter pump malfunction on a water ride sent highly concentrated levels of bleach and muriatic acid into the Bahari River waters at Splashin' Safari on Saturday. The leak caused severe breathing injuries and sent 24 people to nearby hospitals via ambulance. Press reports indicated that nearly 18 others arrived on their own. Two people were kept overnight for observation and have since been released.

FOR INFORMATION RELATED TO INJURIES AND LEGAL ISSUES RELATED AMUSEMENT PARKS, CONTACT:

Continue reading "TOXIC LEAK DUE TO PUMP FAILURE CAUSES MULTIPLE INJURIES AT HOLIDAY WORLD SPLASHIN SAFARI IN INDIANA" »

Erin C. Ford, 20, of Coatesville, became the second victim to succumb to injuries in Sunday's head on collision on Interstate 70. Ford was taken off life support at Methodist Hospital in Indianapolis, Indiana, at approximately 4:15 p.m. on Sunday afternoon according to a press release.
The two-car crash happened around 6 p.m. Saturday near Indiana Highway 267.

Luke Lovins, 21, the driver of the vehicle in which Ford was riding, was pronounced dead at the scene. Lovins had been driving eastbound in his 2005 Chevrolet Malibu with four passengers, including Ford, when a westbound 2000 Ford pickup truck driven by Alfredo Luviano Martinez, 31, of St. Louis, crossed the median and hit them head on.

Thomas F. Ford, 53, Coatesville, remained in critical condition late Sunday at Wishard Memorial Hospital. Debora S. Ford, 50, and Chandler B. Ford, 13, both of Coatesville, Indiana, were taken to Methodist on Saturday and were listed in critical condition.

Martinez was treated at Methodist and released Saturday. Police said his pickup truck might have blown a tire just before the crash. Martinez was not cited, and alcohol is not believed to be a factor in the fatal collision.

The wife of Peru resident and PGA golf professional, Chris Smith, was killed and his children severely injured in a crash on Interstate 69 near Angola, Indiana. Beth Smith was killed while returning from a Father's Day visit with her family in Toledo, Ohio and the SUV she was driving collided with a Greyhound bus transporting a semipro football team from Canada.

Smith's children, Abigail and Cameron, were transported by helicopter to Lutheran Hospital in Fort Wayne, where they were listed in critical condition late Sunday. Their father, Chris Smith, has been competing in the PGA since 1991.

Continue reading "WIFE OF INDIANA GOLF PRO, CHRIS SMITH, DIES IN CAR ACCIDENT ON INTERSTATE 69 NEAR ANGOLA" »

85-year-old Rochester native, Rosemary Drake, was flown to Fort Wayne, Indiana, after a serious car crash in Warsaw on Sunday. Police say that Drake was headed northbound on Indiana 15 near the intersection of County Road 250 North when her vehicle collided with another vehicle driven by Teresa Cervantes, 38, of Leesburg. Police reported that the impact occurred as Cerveantes attempted to make a right hand turn at the light.

Drake was initially taken to Kosciusko Community Hospital, but was later transferred in critical condition to a Fort Wayne facility. Police reported in a press release that she was scheduled to undergo surgery on Monday morning.

A myriad of law enforcement departments, including SWAT, FBI, the DEA and the ATF swormed a house in Louisville, Kentucky on Friday attempted to coax the surrender of Robert Datillo, Jeffersonville, Indiana. Datillo was the primary suspect in the shooting of two Jeffersonville, Indiana police officers Thursday evening.

According to police, Datillo shot 39 year-old Dan Lawhorn and 32 year-old Keith Broady, both Jeffersonville Police officers, when they reported to a Motel 6 on reports of a domestic dispute. Both officers were transported to University Hospital in stable condition.

Despite their efforts to get Datillo out of the Louisville home, he shot himself to death.

Continue reading "JEFFERSONVILLE INDIANA MAN SUSPECTED OF POLICE SHOOTINGS KILLS HIMSELF IN LOUISVILLE KENTUCKY HOME" »

A licensed practical nurse employed by SNR Medical Services, a third-party contractor for medical services for the Madison County Jail, was attacked by an inmate on Thursday. The inmate, Omond J. Smith, 32 of Anderson, Indiana, had complained of Asthma symptoms while being transported from the Wabash Valley Correctional Facility to the Madison County Courthouse for a hearing.

While receiving treatment from the LPN, Smith apparently got a hold of some type of wire mesh cloth which he used during the attack. Shortly after attempting to restrain the LPN, a guard heard the commotion and intervened to help the nurse.

Smith will be charged with criminal confinement, battery and possession of a dangerous weapon/material. The LPN reported to have sustained only minor injuries.

At around 1 a.m. Indianapolis (eastern) time, a SUV's driver apparently lost control of their vehicle causing it to rollover numerous times. In the process, a female passenger was thrown from the vehicle. She was taken to Methodist Hospital in Marion County, Indiana, and was reported in critical condition. The driver was reportedly doing well, but was suspected to have been driving over the legal alcohol limit when he lost control of his SUV.

Upon learning of the one-car accident, a firetruck was dispatch to the scene. While attending to the scene (with lights on), a second vehicle allegedly side-swiped the fire truck. It's driver did not stop; however, was tracked down by police a little further down the road. That driver too was suspected of operating his vehicle while intoxicated.

Prior to completing their investigation and clean-up of the SUV accident, a third allegedly drunk driver apparently stopped his vehicle in the middle of the interstate (rather than going around the emergency vehicles on the scene). State police were suspicious of the activity and suspected they were also driving while intoxicated.

All three drivers were arrested and charged with Driving Under the Influence.

Continue reading "A CHAIN OF EVENTS LEADS TO THE ARREST OF THREE SUSPECTED DRUNK DRIVERS, A SERIOUS CAR ACCIDENT WITH ROLLOVER, AND A FIRETRUCK BEING STRUCK ON INTERSTATE 465 IN INDIANAPOLIS INDIANA" »

While unloading grain from a silo at the Custer Grain Company in Garrett, Indiana, 55 year-old Melvin Buck was sucked down about 30 feet into grain. Buck reported that the grain fell in like quicksand around him. Emergency crews with the Garrett Fire Department used hoses and buckets to remove the grain away from Buck. He was finally rescued at around 7:30 in the evening.

Indiana State Police were forced to close two of the three southbound lanes of I-65 just north of Southport Road after a tanker hauling 8,500 gallons of gasoline flipped over and landed upside down. State Troopers at the scene reported that gasoline was knee deep in the ditch where the semi trailer and tractor came to rest.

The driver of the rig, 73-year-old Loren Hooten of North Vernon, Indiana, told police that he didn't know what happened. He was reportedly driving southbound on Interstate 65 south of Indianapolis when the tractor and trailer was sent to the shoulder and went off into the ditch.

A third victim is now reported to have been killed by one of Hamilton County's worst traffic accidents on record. The deadly pile-up, which involved at least 32 vehicles, including 9 semi trucks and a firetruck, occurred around 9 a.m. Tuesday morning. Witnesses reported that a firetruck, which had been helping a slide-off victim, was struck from behind, which in turn lead to a deadly chain of events where cars and trucks alike began piling up on a stretch of Interstate 69 in Fishers, Indiana, which sits adjacent to the Fishers High School in Hamilton County. The National Weather Service reported heavy snowfall that hit Central Indiana (about 3.8 in. in total) just as the morning commute was peaking. Dozens of other accidents were reported throughout the morning in that area and stretching up to Anderson. Indiana State Police blamed most of the crashes on people driving too fast and following other cars too closely in the poor winter weather conditions.

First reports identified two men in a heavy-duty commercial pick-up truck, Dustin R. Goettman, 27, and Ryan A. Phillips, 28, both of Anderson, as having been killed. Later Tuesday evening, police confirmed that a third victim of the accident, which had initially been listed as critical, had succumbed to their injuries.

Travel in the area remained dangerous for most of the day, and a large portion of Interstate 69 remained closed while investigation into the accident continued. Witnesses reported that the fatal pileup began when a southbound car on I-69 slid off the road, and a semi and a fire truck pulled over to help. As the morning commute traffic began stacking in the area, vehicles were unable to slow down and began slamming into one another. Shortly after the first impact, a semi truck reportedly slid sideways and struck several vehicles. By the time the vehicles and impacts slowed down, the motor vehicles involved included 22 passenger vehicles, nine semi trucks and a firetruck.

Continue reading "DEADLY CHAIN REACTION ACCIDENT ON INTERSTATE 69 IN FISHERS, HAMILTON COUNTY, INDIANA, CLAIMS THE LIFE OF A THIRD VICTIM AND FORCES MULTIPLE HOSPITALIZATIONS" »

Indiana State Police were forced to shut down both directions of nearly 45 miles of Interstate 69 from Fishers in Hamilton County to the Alexandria exit after over 30 cars and semi-tractors were involved in numerous accidents Tuesday, including a deadly chain reaction pile-up in Fishers, Indiana. State police reported that twenty-eight cars and five semi trucks were involved in a chain reaction collision. Two people riding in a semi truck were killed and one person was critically injured. Ten others were taken to nearby hospitals, and police reported multiple entrapments with injuries.

Indiana State Police are blaming weather conditions, speed and drivers following too closely for the deadly chain of events. Police believe the accident started when two vehicles struck a firetruck that was assisting a stranded motorist on the roadside. Those firefighters were not among the reported injured. The accident's initiation point was very close to Fishers High School in Hamilton County, Indiana.

Three of the injured were removed on stretchers. Other witnesses and some of the injured were being taken to Fishers High School to be interviewed and/or treated for minor injuries. Several motorists remained entrapped for over an hour after the accident was first reported. There was also at least one fuel spill from one of the vehicles. Haz-Mat teams were dispatched to assist in clean-up.

Further north on I-69 in Madison County, multiple accidents and pileups were being reported with no resulting serious injuries or fatalities. The accidents involved a stretch of the Interstate from Pendleton to near Ind. 236 east of Anderson.

The sudden snow accumulation that hit the Indianapolis area Tuesday Morning prompted the National Weather Service to issue a winter weather advisory for the southeastern quarter of Indiana. They reported approximately 3.7 inches of snow fell at Indianapolis International Airport in about three hours before 10:00 am.

Continue reading "MULTI CAR PILE-UP NEAR FISHERS, HAMILTON COUNTY, INDIANA CAUSES SERIOUS ACCIDENT WITH MULITIPLE INJURIES AND FATALITIES AND FORCES I-69 TO BE SHUTDOWN" »

A resurgence of a several year-old email urging Hoosiers to sign up for a mobile phone number no call list has prompted the Indiana Attorney General's office to reaffirm that telemarketing to cell phones is illegal, and always has been. There have been no recent legislation changes on this issue..

According to the Attorney General's office, the Indiana statewide Do Not Call Registry has prevented nearly 4 billion unwanted calls since 2002. This tool, however, only addresses telemarketers ability to tap land lines. It is good to sign up your land line on this list because it covers more telemarketers than the national list.

The State of Indiana's Do Not Call List is updated quarterly, although you are permitted to sign up at anytime. The first 2009 deadline for the Indiana Do Not Call Registry is coming up on February 20th.

To sign up for the Indiana Do Not Call Registry, click the link below:

INDIANA NO CALL LIST

Continue reading "INDIANA ATTORNEY GENERAL CONFIRMS THAT YOUR CELL PHONE NUMBER IS SAFE FROM TELEMARKETING CALLING LISTS" »

Indiana Legislatures have proposed to hear public comments on a suggested new bill that would ban smoking in all work environments throughout the State. Supporters of the new law point to dozens of other states that have already enacted similar laws to this one. They also point to numerous studies that show that the total cost of health care and loss of life attributable to second hand smoke is around $390 million. Opponents, however, note liberty infringement and say a complete smoking ban is overreaching on the part of the legislature.

Neighboring states like Ohio and Illinois already have a version of the smoking ban on their books. In fact, Illinois bans smoking in all buildings open to the public. Their version of the law includes workplaces, bars, restaurants, and even casinos.

Indiana lawmakers are set to hear more about this bill Wednesday morning and have another meeting scheduled the following week. The bill will ultimately have to get through the House of Representatives to find passage.

Continue reading "INDIANA LEGISLATURE SET TO HEAR PROPOSAL ON SMOKING BAN" »

Indiana Highway 64 was closed for approximately two hours on Tuesday, while Indiana State Police attended to a fatal car accident that claimed the life of a Marengo woman. According to initial reports, 36-year-old Suzanne M. Mosson lost control of her car on a snow-packed Indiana Highway 64 at about 1:30 p.m. Mosson's car reportedly spun out of control and collided with another car driven by a Milltown man. Mosson was pronounced dead at the scene. The other driver wasn't injured. Accordingly to police, both drivers were wearing their seat-belts.

Continue reading "CRAWFORD COUNTY INDIANA WOMAN KILLED IN FATAL CAR ACCIDENT ON HIGHWAY 64 NEAR MILLTOWN" »

The Honey Creek Fire Department and Vigo County Sheriff’s Deputies responded to a head-on collision at about 8 p.m. on Indiana Highway 63, just south of the Federal Correctional Complex near Ryman Drive. Four individuals were sent to the hospital by ambulance. Initial investigation indicated that a southbound pickup truck collided with a northbound car right towards the middle of the highway.

During a twelve hour period starting at the beginning of work commutes, the Indiana State Police reportedly responded to three slide-off accidents and 10 other car and truck accidents. Only two of the 10 accidents were reported to involve injuries. The Vigo County Sheriff’s Department had similar results and responded to two slide-offs and 13 accidents. Of those accidents, four were reported to have involved injuries.

State Police in the Bloomington District announced a Level 2 warning for travelers, which means conditions are threatening to the safety of the public and only essential travel should be made. Monroe, Owen, Greene, Lawrence and Brown counties fall into the Bloomington District.

Continue reading "INDIANA ICE AND SNOW MAKES FOR FATAL DRIVING CONDITIONS AND CAUSES NUMEROUS CAR ACCIDENTS AND SLIDE OFFS" »

Autrey Lunsford, 70, of Cambridge City, Indiana, was killed Monday night while driving a 2001 Lincoln Town Car eastbound on U.S. 90 in Gadsen County, Florida, in the inside eastbound lane at about 9:41 p.m. According to the Florida Highway Patrol, Lunsford was traveling at a high rate of speed and above the posted speed limit.

Based on preliminary police reports, Michelle Mann, 48, of Midway, Florida, was driving a 2000 Ford Taurus eastbound on U.S. Highway 90 in the outside eastbound lane. Lunsford's car apparently entered Mann's lane and struck Mann's car on its side. Reports indicated that Lunsford's Lincoln then continued east onto the southbound grass shoulder of U.S. Highway 90, and began to rotate clockwise. His Lincoln then struck several pine trees on the driver's side, coming to rest facing southwest. Mann's Taurus came to rest on the southbound grass shoulder of U.S. 90 facing east.

Lunsford was taken to Tallahassee Memorial Hospital, where he was pronounced dead.

Continue reading "WAYNE COUNTY INDIANA MAN KILLED IN CAR ACCIDENT ON FLORIDA HIGHWAY" »

The Indiana Department of Labor is reporting that 62,326 claims involving one or more days of missed work were filed in 2007. Of those claims, 92 fatalities were reported.

17,724 agreements to compensation were filed with the Board. Of those agreements, 9,860 were TTD (Temporary Total Disability) agreements and 7,864 were PPI (Permanent Partial Impairment) agreements

1,665 requests were made for independent medical examinations.

5,971 applications for disputed claims were filed, with 3,203 claims closed by agreement between the injured worker and the worker's compensation insurance carrier. Those 3203 claims were not necessarily claims filed in 2007.

Continue reading "INDIANA DEPARTMENT OF INSURANCE RELEASES 2007 INDIANA WORKER'S COMPENSATION STATISTICS" »

The last time a smoking-ban bill was introduced in Indiana, the measure did not even make it out of a legislative committee.

This may be in part due to Indiana's number 6 rating as the highest adult smoking state in the country. Thirty states across the country have now enacted a version of smoke-free provisions. Despite Indiana's holdout, supporters of a smoking ban believe the current economic and social environment may make the issue ripe for passage of a bill.

Currently, several cities throughout the State have enacted their own varying smoking bans. But critics say that prohibiting smoking in private enterprises infringes on individual rights. Numerous hospitality sectors of the economy are anticipated to put up a big fight, including the casino, bar and restaurant industries.

Continue reading "INDIANA MAY RECONSIDER STATEWIDE SMOKING BAN" »

A fatal accident and numerous collisions were the product of icy roads throughout central Indiana on Tuesday. The fatal accident involved a twenty-year-old Petersburg woman driving on Indiana State Road 57 near Evansville.

The Gibson County Sheriff's Department reported that the vehicle driven by Eboney Star Alvey, of Petersburg apparently went out of control while driving on a railroad overpass near Oakland City in the early hours Tuesday. According to police reports, Alvey's vehicle collided with a truck in the opposite lane. Witnesses reported her vehicle then burst into flames. Portions of Interstate 65 were temporarily closed in the Seymour and Columbus areas to allow salt trucks to catch up on roadway treatments.

Continue reading "SINGLE CAR MOTOR VEHICLE ACCIDENT CAUSES DEATH OF TWENTY YEAR OLD IN SOUTHERN INDIANA" »

The Indiana Department of Transportation (INDOT) has been testing high tension cable barriers on two stretches of Indiana interstate for about 2½ years. In late 2005, barriers were installed on Interstate 65 between Zionsville and Lebanon and on Interstate 69 between Noblesville and Anderson. In the three years prior to those installations, the INDOT reported that the same two sections of Interstate combined had 12 fatal crashes, 11 serious injury accidents, and 69 accidents involving injury.

The13-mile test section on I-65 was hit 69 times within the first eight months of its installation; however, there were no vehicles permitted to pass through the barrier and there were no serious injuries in the crashes where the barrier was struck. The cable barrier stopped also stopped at least one semi tractor-trailer.

Beyond those initial eight months, the success of the barriers have continued. Since their installation, those same stretches have had no fatal crashes, five serious accidents and only 13 accidents involving injury. INDOT reported this as an 84 percent reduction in fatalities and accidents involving injury. Most importantly, the cable barrier has provided a 100 percent stoppage of vehicles crossing the median. The success of these test sections has prompted an increase look on the part of the INDOT to place additional barriers throughout the State. Areas of increased risk and high volume accidents are set to get attention first.

Continue reading "INDIANA DEPARTMENT OF TRANSPORTATION IS TESTING NEW CABLE SYSTEM TO PREVENT FATAL CROSSOVER VEHICLE ACCIDENTS" »

When you are injured in the course and scope of your employment in the State of Indiana, your employer or their insurance carrier typically has the right to direct your medical treatment.
In most cases, the employer is required to provide a physician, free of charge, for the treatment of injuries an employee sustains. This employer/insurance carrier control, however, can create conflict when large employers and/or their insurance carriers use the same providers repeatedly.

Continue reading "INDIANA'S WORKER COMPENSATION STATUTES FOSTER AN ENVIRONMENT WHICH COULD CREATE CONFLICT BETWEEN HEALTHCARE PROVIDERS AND THEIR EMPLOYEE PATIENTS" »

Even though at least fifteen police officers have been killed in Crown Victoria Police Interceptor (CVPI) rear-end collisions, and more than double that number have been burned or injured since 1983, the CVPI continues to be the most popular police cruiser for Indiana State Police, City and Sheriff departments. Indiana is not alone in their preference for the CVPI, as the CVPI is the most common vehicle used by our nation’s law enforcement. In fact, in the State of New York, CVPI’s constitute over 80% of the State Police’s cruiser inventory.

Following a near fatal collisionwith a New York State Trooper (driving a Crown Vic) and a semi tractor trailer, US Senator Charles E. Schumer today renewed his call for the National Highway Transportation Safety Administration (NHTSA) to re-open and broaden an investigation to determine why the car and its sister models catch fire upon impact.

Schumer said that now that over a dozen officers in the country, including a New York State Trooper near Yonkers in December, have been killed in Crown Victoria accidents, the problem must be investigated immediately. A County Deputy Sheriff narrowly escaped death Friday morning when his Crown Victoria police car collided with a tractor trailer and caught on fire.

Schumer renews call for National Highway Transportation Safety Administration to investigate why Crown Vics are susceptible to fiery accidents, and how to better remedy the problem. Previous attempts to retro-fit the cars have had little impact, and the most recent incident in New York demonstrates this ongoing issue. "This is a no-brainer. No one should have to explain how important it is to make sure our police officers have cars that are safe. We know that there's a problem, and now we need to figure out what we need to do to solve it," Schumer said. "If that means changing cars so that a different model is used, so be it. Time is of the essence and the longer we wait, the more accidents we'll see."

In May of this year, Schumer said the NHTSA should continue to investigate why the cars are especially susceptible to explosions, rear-end and otherwise, and what can be done to remedy the problem. Because NHTSA's previous suggestion to retro-fit the cars did not prevent recent accidents, Schumer said the NHTSA should consider whether there should be a nationwide moratorium on the purchase of any additional CVPI’s until remedial measures – like installing fuel bladders used in the auto racing industry, and fire suppression systems like those used in military vehicles – are proven effective.

Continue reading "SENATOR ASKS NHTSA TO REOPEN INVESTIGATION INTO POPULAR INDIANA POLICE VEHICLE FOLLOWING NEAR FATAL ACCIDENT WITH SEMI TRACTOR TRAILER" »

A Boone County firefighter was hospitalized with injuries after he was struck by a semi-tractor trailer on Friday morning.

Fred Long, a 46 year-old Jamestown volunteer firefighter, was struck on Interstate 74 while he was responding to an accident near the 54th mile marker in Boone County. Police investigators believed the truck jackknifed as its operator was attempting to avoid the accident scene Long had been responding to. In the process, the semi-truck hit another vehicle and then struck Long, throwing and pinning him under the rear axle. Physicians attending to his injuries noted that Long had a crushed pelvis, a fractured leg, and multiple internal injuries.

Driving in Snowy Weather

Snow and ice on the road can make for hazardous driving conditions that can lead to serious Indiana injuries and accidents. Just because poor weather conditions exist does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, there are additional steps you can to exercise even greater care to avoid auto crashes from happening in poor weather, including:

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