Indiana Injury Law Blog

As Lake County personal injury lawyers representing victims of auto and truck accidents and medical malpractice in Merrillville and around the county, we know it hasn’t been a great year for many Hoosiers. What has been very alarming for us is the fact that so many issues that have challenged Indiana over the past year, greatly threatened the health and safety of its residents.
Merrillville struggled with a budget deficit in 2009. As part of payment of its utility bills to the Northern Indiana Public Service Company, many street lights in the town had to be shut off. As many as 300 streetlights have been shut off to save on electrical costs and cut utility debt. However, this creates unsafe conditions for motorists and motorcyclists. As Indiana car accident lawyers, we have been especially concerned about the high risk to motorcyclists and bicyclists who use the streets at night.
A pedestrian bridge disaster at the Hidden Lake Park on the 4th of July injured dozens of people. Many of these people suffered serious injuries like spinal cord injuries that may impact their lives for a long time.
Across the state too, we continued to have problems that impact the safety of Indiana’s residents. Northwest Indiana still has no trauma center, and seriously injured accident victims need to be airlifted to trauma centers elsewhere in the state during the “golden hour” when a person has maximum chances of surviving an accident.
Last month, more than 40 truck inspectors in Indiana were laid off as the state government grappled with a budget shortfall. This means fewer inspectors to conduct those essential road side inspections and spot checks of tractor trailers and 18 wheelers, exposing motorists and truckers to the risk of accidents.
In the New Year, we would like to see our city and county authorities take better charge of our finances, so we are not reduced to drastic cost cutting measures like switching off lights and laying of dozens of truck inspectors. This year hasn’t been the best in terms of public safety for people in Indiana, and as Indiana personal injury lawyers , we hope 2010 is safer for all

For four years, Indiana medical malpractice lawyers and hundreds of patients injured by Dr Mark Weinberger have been waiting for news of the fugitive doctor. Finally came the news they had all been waiting for, when the doctor was arrested dramatically from a mountain top in Italy.

Weinberger is the center of hundreds of malpractice lawsuits filed by patients who claim they underwent needless surgeries performed by Weinberger. Dr Weinberger’s haphazard operations did nothing to cure patient problems, and, in fact, left most of them seriously injured. In 2006, a federal grand jury in Hammond indicted Weinberger of 22 counts of fraudulent over billing procedures that were not necessary or never performed. Five years ago, Weinberger disappeared while he was vacationing in Europe.

He was arrested on the 15th of December on a mountain top near the France-Italy border. The authorities had been tipped off by a mountain guide. Weinberger had been living in a tent, and guides had been curious because it was unusual to see people camping in the freezing northern Italian mountainside this time of the year.

Weinberger’s dramatics didn’t end with his arrest. While he was being arrested, he managed to stab himself in the neck. However, his wounds were not life threatening. Since then, an Italian court has approved an extradition request for Weinberger. He has 300 medical malpractice claims against him. These patients will now have some hope of receiving justice for their medical injuries.

As Indiana personal injury lawyers, we are encouraged at Governor Mitch Daniel’s announcement that the state has recorded the lowest auto accident fatalities in 2008. But we would advise caution against over optimism.

Statistics for 2008 show that there were 680 auto accident fatalities in Indiana this year. Governor Daniels compares that to the 670 deaths in that occurred in Indiana in 1925. Considering that there are at least 8 times more automobiles on the highway now than in 1925, it means that motorists in Indiana are 8 times safer now than they were then.

There is no doubt that these statistics are encouraging. Much of it has had to do with increased enforcement by Indiana state police. There have been more numbers of motorists cited, arrested and warned for traffic violations. In fact, 2008 marks the first time that police have issued approximately 1 million citations, arrests and warnings. Voluntary organizations like Mothers Against Drunk Driving have also done their bit to increase awareness about the dangers of intoxicated driving.

However, as far as Indiana personal injury lawyers are concerned, 680 deaths is 680 deaths far too many. We still don’t have a comprehensive cell phone and texting ban in place which could bring down those fatality rates further. Besides, we also have to take into consideration the fact that 2008 was a dismal economic year, with high unemployment and financial worries keeping Hoosiers home instead of out driving on the streets.

None of this is to take away from the accomplishments of state police who have done a commendable job of cracking down on intoxicated driving. But it would be dangerous if we choose to sit back and rest on these accomplishments.

This month, the Federal Motor Carrier Safety Administration kicked off enforcement of a new rule that Indiana truck accident lawyers have found very encouraging. The rule called the New Entrance Safety Assurance Process rule, makes it harder for new truck and bus companies to breeze their way through their first safety audits, by setting stricter compliance standards and holding the threat of revocation of registration over these companies.

Under the new rule, newly registered commercial motor carriers must strictly comply with everyone of the 16 essential regulations set down by the FMCSA in order to pass their safety audit. Failure to do so will lead to holding back of permanent registration, until the deficiencies are corrected within the time period specified by the agency. Failure to comply with even one of these regulations will now make it harder for new carriers to get permanent registration. These regulations are linked to important safety aspects, like random drug alcohol testing that commercial motor carrier operators are expected to conduct to screen employees, failure to maintain trucks and repair any mechanical problems, as well as failure to use qualified and physically fit drivers.

Following these 16 essential safety regulations are not the only way to prevent truck and bus accidents. There are other factors that may be involved in truck accidents like negligence of the trucker, driver fatigue and roadway conditions. However, these regulations cover some of the most important safety issues that are frequently a factor in commercial trucking accidents. As Indiana truck accident attorneys, we have been very concerned about the poor oversight of newly registered truck companies. These new carriers often manage to sail through initial safety audits even in the presence of violations. The new rule makes it harder to take even a single regulation lightly, ensuring that only the most compliant carriers receive permanent registration. This will prevent the presence of unsafe carriers, and truckers on Indiana’s highways and roads, and therefore prevent accidents.

The Consumer Product Safety Commission and the Window Coverings Safety Council, a group of manufacturers and importers of window coverings has announced a recall of 50 million Roman shades and blinds because of their risk of strangulation hazards. The recall comes after 8 strangulation deaths of children linked to entanglement in shades and blinds, and at least 16 other incidents where children got entangled, and were at risk of strangulation.

The recall is the second largest in US history and involves more than 50 million shades and roll up blinds sold at Wal-Mart, Pottery Barn and several of the country’s biggest retailers. The CPSC and the Window Coverings Safety Council is recommending that families with children should avoid rollup blinds and window shades, and have cordless window shades instead. The CPSC is encouraging parents to either get cordless coverings, or ask for a free repair kit to secure the existing coverings.

It’s important that parents be alert to the possible hazards from dangling cords. We don’t think of window shades and Venetian blinds as being dangerous, but there have been far too many instances of children getting entangled in the cords, and being strangled to death. It is clear that whatever existing safety standards are being used to manufacture these shades and blinds, they are simply not strong enough to protect children. The CPSC chairwoman Inez Tenenbaum has confirmed as much. She says her agency is working with the Window Coverings Safety Council to develop stronger standards for these products.

The CPSC is encouraging parents to have a close look at all shades and blinds at home, to ensure that there are no cords accessible on the front, side or back of the window covering
Place cribs and other baby furniture away from windows, so children can’t access the cords
Tuck away loose cords, so children can’t reach them. If your shades come with looped chains or cords, install tension devices to stretch the cord and reduce the strangulation hazard.

The Indiana product liability lawyers at Theodoros & Rooth represent victims injured by defective products including, toys, cribs, car seats and other children’s products, auto defects, and unsafe pharmaceutical drugs and medical devices. .

Indiana’s highways will be increasingly clogged with millions of motorists traveling over the holidays. Adding to the danger from these increased numbers of motorists is that fact that many of these motorists will be driving under the influence of alcohol. Other motorists will be in a hurry to get to a celebration. In short, there are going to be a number of factors at play, increasing the risk of accidents for Indiana motorists.

Indiana state police this year are participating in enhanced enforcement activities. The holiday enforcement program is called Operation CARE (Combined Accident Reduction Effort). State police have stepped up their enforcement activities, and are cracking down especially hard on speeding motorists, and drunk drivers. Also, if you choose to ride or drive a car without bothering to buckle up, there is a high change you will be caught and fined.

Besides Indiana police troopers, there are also commercial motor vehicle inspectors out during the Christmas holiday to enforce regulations. Inspectors will conduct spot checks of commercial trucks to make sure that no one is injured because of malfunctioning trucks.

As Indiana auto accident lawyers, we know the kind of crazy driving that can set in when motorists are buzzed about the holidays. The holidays can be safe for all if we all just remember a few simple points:

• Never drink and drive.
• If you plan to drink at a party, plan how you will get home before the first drink, and not after the tenth when you can barely see straight. Make arrangements to sleep over at a friend’s place, have someone drive you home, or take public transportation.
• Always wear seatbelts while driving or riding in a car.
• Drive within speed limits.
• Remember that there are going to be hundreds of the motorists on the road you are traveling on, and not all of them will be fit to drive.

The state’s fiscal problems could impact Indiana’s motorists in ways that seriously concern truck accident lawyers. Forty two bus and truck inspectors in Indiana have been laid off, as the state continues to grapple with shrinking revenues and rising expenses.

State revenues have decreased by $600 million since the financial year began in July, compared to 2008. While Governor Mitch Daniels says that public safety is one of his biggest priorities, the fact is that the state has chosen to slash its expenses by firing motor carrier inspectors, who are so vital to trucking safety. Truck inspectors’ responsibilities include stopping trucks on highways and looking for violations of state laws.

The latest truck and bus inspector layoffs are the most recent in a series of layoffs announced by the administration to deal with its financial woes. As of now, Indiana state police insists that truck safety will not be impacted, and that that the 41 inspectors who remain, will continue the work of motor vehicle inspections. But, truck and school bus safety groups are already expressing concerns that the layoffs could impact safety.

It’s too early to say if this reduced inspector force will increase the number of unsafe and dangerous rigs on our highways. However, Indiana truck accident lawyers often see that limited staffing resources usually translates into poor oversight and increased number of violations.

As Indiana truck accident attorneys, wish the state administration had focused its cost cutting measures in some other areas than commercial motor carrier safety. The accidents that result from fatigued or drunk truckers and poorly maintained rigs may ultimately be a bigger financial burden than the state’s current fiscal issues.

We should be used to the kind of accident risks we face in winter, considering the amount of snow and ice we see on Indian’s roads at this time every year. Unfortunately, the season’s first snowfall continues to take many motorists and truckers in Indiana by surprise, contributing to accidents.

This week, Indianapolis saw its first snowfall of the season, and not surprisingly, a series of accidents caused mainly by vehicles unprepared for the snow. Several interstates were backed up, and I-65 was the scene of a multi-vehicle accident involving five cars. There have been no serious injuries or fatalities reported, but as the days go by, we can expect more freezing weather, snow-covered streets, slick roads and poor visibility.

As Indiana personal injury lawyers, we are also concerned about “peephole driving.” We see far too many motorists in Merrillville and around Lake County, driving without bothering to remove the accumulation of snow and ice from the top and front of their cars. It’s frustrating to see cars, SUV and light trucks plowing through the roads, covered completely in snow and ice, except for a small patch in the front windshield where the driver has bothered to clean enough snow for him to be able to see the road ahead. This is incredibly foolish behavior, and only increases your chances of an accident.

As the month ends, more numbers of drivers will hit the highways to travel over the holiday season. This only increases the risk of crashes. As Indiana auto accident lawyers, we would advise these tips for safe travel during winter:

• Keep your windshields clear of snow and ice while driving.
• When visibility lowers, switch on your headlights not only to see other vehicles, but also to allow them to see you.
• Avoid using cruise control.
• Keep within speed limits. If the roads are covered with snow, lower your speeds as appropriate.
• Keep enough distance not just from the vehicle in front of you, but also from the vehicles in the adjacent lanes. Strong winds can push your vehicle out of its lane.
• If road conditions are becoming worse, see if you can take an alternate route that will help you avoid bad weather, or put off your trip all together.
• Keep yourself aware and informed of road and traffic conditions. The Indiana Department of Transportation has a new website TrafficWise that gives motorists a look at current road and traffic conditions, as well as forecasts for the next few hours. We believe this is an important tool for motorists.

Whenever there is a truck accident, people tend to assume that the accident or injuries are the fault of the trucker. As Indiana truck accident attorneys, we often represent truckers who have been injured due to others’ negligence.

This week, a truck driver was electrocuted when his trailer rig came in contact with high voltage power lines at a demolition site in Indiana. The truck driver was a resident of Ohio. Apparently, his semi trailer came into contact with power lines while it was off-loading metal. The trucker sustained fatal electrocution injuries, and died soon after.

Electrocution accidents that involve high voltage underground and overhead power lines, kill hundreds of people every year. Victims are often workers in the construction industry and crane operators, who sustain severe or fatal injuries when their machinery comes into contact with power lines. Truckers may also be at risk from such electrical injuries.

In the accident here, an Indiana truck accident lawyer would have a few questions:

Why were no efforts made to secure the premises?
Was the driver trained to perform his job well?

This was an accident that could have been easily prevented by unloading the metal on a part of the site that was safe from electrical hazards.

Injured truck drivers may be eligible for compensation from a number of sources. The trucker may be covered under Indiana’s Workers’ Compensation laws, although this may depend on whether he is a contractor or employee of the company. Truckers who are injured because of the negligence of a third party may also be able to file claims against the responsible parties. Claims may also be filed against manufacturers of defective power tools, maintenance companies and repair companies in case of defective truck components, malfunctioning machinery etc. Families of truckers who have been killed in accidents may also be able to claim compensation for their losses.

An increasing trend toward the use of surveillance systems to monitor health care professionals in hospitals, is very encouraging to Indiana medical malpractice lawyers. In fact, we would like to see this trend permeate into hospitals in Indiana.

Last month, we blogged about a Rhode Island hospital that has been ordered to have video camera surveillance systems in its operating rooms, after a series of surgical errors. In Maryland hospitals, doctors could soon be the target of specially hired “secret eyes” that would monitor their hand hygiene. In November, Maryland used $100,000 in federal stimulus funds to finance an initiative by hospitals to train “secret shoppers” who would observe if doctors and other health care staff washed their hands after emerging from a patient’s room.

This is the first time that federal funds are being used for this unique experiment. It’s all part of a nationwide trend in which hospitals are trying to reduce the incidence of errors and their exposure to medical malpractice lawsuits by monitoring staff more closely.

As Indiana medical malpractice attorneys, we have been especially concerned at the low rates of hand hygiene compliance by health care staff. Nationwide, these rates fall between 40 and 50 percent. The Centers for Disease Control and Prevention believes that many of the 1.7 million medical infections picked up by patients every year, are caused at least partly by poor hand hygiene.

Manufacturers are catching on to the new interest in surveillance systems. They are putting out surveillance devices using wireless technology, video cameras and radio frequency identification chips. At least one New-York based company is developing video cameras that focus on hand washing areas. The video cameras are connected to lasers that sense motion and begin to record hand washing activity.

However, all this surveillance is raising some concerns that too much snooping could have a counterproductive effect on health care staff, who may feel victimized.