Indiana Injury Law Blog

Last week, a group of Italian and American researchers unveiled a dramatic discovery at a conference in Australia. The group had used stem cells from mice hair follicles in order to treat spinal cord injury in mice. The results were very encouraging. Mice with spinal cord injury were able to regain movement after being given the stem cell transplants.

Researchers presented a video at the conference which showed a mouse with spinal cord injury regaining movement in its limbs, after receiving stem cell transplants from its hair follicles. The researchers are hailing this as a major breakthrough in the treatment of spinal cord injury using stem cell therapy.

There is hope that such therapy may also be used in humans with great success. The mice were treated with similar stem cells that were found in human hair follicles, and even these cell therapies were found to be equally beneficial. Researchers believe that there is enough reason to hope this stem cell therapy will benefit humans too.

Approximately, a quarter million Americans live with spinal cord injury. These occur most often in auto, truck and motorcycle accidents. In fact, auto accidents are the number one cause of spinal cord injury in the United States. However, these can also occur during slip and fall accidents, or as a result of violent assaults. Treatment for spinal cord injury has been painstakingly slow to develop, although advances in stem cell therapies hold much promise for Indiana personal injury lawyers.

Spinal cord injuries often leave their victims with one of two conditions - paraplegia and quadriplegia. A paraplegic will only have control over the lower limbs of his body, whereas a quadriplegic will have loss of movement in both upper and lower limbs. For many of these persons, the search for an effective and long-term cure, is elusive. The only hope comes from the use of stem cell transplants to rejuvenate and repair damaged nerve and tissue.

A study by the Insurance Institute for Highway Safety indicates that hundreds of motorcycle accident fatalities every year can be prevented if motorcycles come with antilock brakes. According to the study, the risk of being involved in a motorcycle accident decreases by 37% if the motorcycle is equipped with these antilock braking systems, compared to motorcycles that are not.

Those findings are corroborated by another analysis conducted by the Highway Loss Data Institute. This analysis showed that motorcycles that come equipped with antilock brakes had up to 22% fewer claims for damages, compared to motorcycles that did not come with these systems. Antilock brakes can reduce the risk of motorcycle crashes by releasing the brake pressure that can contribute to accidents when the motorcyclist applies the brakes. In motorcycles without antilock systems, braking can cause the wheels to lock, possibly contributing to a flip over with serious consequences.

The rising rate of motorcycle accident fatalities has been of concern to Indiana accident lawyers for a few years now. In 2008, the number of people killed in motorcycle accidents across the country crossed 5,000. That was the highest figure since the National Highway Traffic Safety Administration began recording such fatalities in 1975. This spike in motorcycle crash realities has continued even in spite of major strides made in controlling other highway accident fatality rates.

Helmet laws have helped prevent such accidents across several states. In Indiana however, motorcycle helmet laws only apply to motorcyclists below the age of 70. Approved helmets dramatically reduce the risk of the motorcyclist suffering a traumatic brain injury in an accident.

The Indiana auto accident attorneys at Theodoros and Rooth represent injured victims of car and motorcycle accidents, and help them recover rightful compensation for their losses.

Traumatic brain injury, or TBI often occurs in severe automobile and truck accidents, workplace disasters and other accidents. The degree of impact on a victim's life is defined by the severity of the injury. A minor TBI for instance, would include a concussion, while severe injuries can result in a person being dependent on care even for his basic needs.

As Indiana personal injury lawyers representing victims of accidents across the state, we frequently come across persons who have suffered a severe brain injury. Unfortunately, there has been little advancement made in treatment for TBI, and no new treatment program has been approved for at least the past three decades. That could change soon, as researchers begin clinical trials into the benefits of progesterone therapy on TBI.

Studies conducted 25 years ago seem to indicate that progesterone, a hormone that is typically used to treat menstruation problems, can actually have a protective effect on damaged brain tissue. It may prevent inflammation, and could check further damage. The new trials will include more than 1,000 patients who will be injected with the progesterone hormone a few hours after the injury. For the treatment to work, the hormone must be injected within a period of four hours after the person suffers a TBI. The treatment must then be continued over the next four days. The study promises to result in possibly new treatments for TBI that can limit the impact that an injury can have, and prevent death.

Medical experts, doctors and brain injury lawyers in Indiana will be watching the trials closely. We hope that the trials lead to a new treatment program that uses progesterone to limit the extent of TBI.

This month, an Indianapolis woman died in a tragic pedestrian accident after she was hit by two separate drivers in a span of minutes. The woman was crossing a street when she was hit by a first vehicle. She had barely recovered from that impact when a second vehicle hit her. The first vehicle driver stopped after hitting the woman, and saw the second accident. The second driver however didn’t bother sticking around to help the woman. He fled the scene of the crash. The victim was rushed to the hospital, and died a couple of hours later.

The New Year seems to have begun with a terrible start for the family of this young woman who was just 32 years old. The woman also seems to have been on duty at the time of the hospital. She was working for a nursing center called Regency Place of Castleton. At the time of the crash, she was on her way to pick up something for a patient when she was hit by the car. The litigation in this matter is likely to be complicated because Workers’ Compensation laws could also apply.

This accident is yet another reminder of how careful motorists should be driving in the kind of bad weather we have seen over the past few weeks. Driving on slick streets requires extra attention to the road. Driving at high speeds can place you at risk of hydroplaning or sliding off a road when you apply the brakes. With more snow-covered days expected, we would advise motorists to above all drive slowly. Stay buckled up, and look out for pedestrians, bicyclists, motorcyclists and other people who may be in your blind spots.

The Indiana personal injury lawyers at Theodoros & Rooth represent injured victims of auto accidents in and around the state of Indiana.

Indiana auto accident lawyers are looking forward to the passing of a new law that would ban text messaging while driving for all motorists. New statistics released by the National Safety Council should ensure that the bill receives support in the legislature. The bill which seeks to ban text messaging while driving for all motorists in Indiana has received support, and as Indiana personal injury lawyers, we remain optimistic that the bill will pass.

Last week, the National Safety Council released new data which shows that 28 percent of all auto accidents are caused by motorists using cell phones while driving. The NSC estimates that up to 1.4 million accidents are caused by motorists having conversations on their cell phones while at the wheel. Approximately 200,000 accidents are caused by motorists texting while driving.

Also last week, the Department of Transportation and the National Safety Council announced the launch of a new group dedicating to supporting the families of victims of accidents caused by distracted driving. The group is called FocusDriven, and hopes to galvanized public opinion and pressure state legislatures in the same manner that Mothers Against Drunk Driving has done for intoxicated driving. FocusDriven plans to increase pressure on states to enact their own legislation to minimize distracted driving

In an ideal world, we would not need a law that tells us to switch off anything that takes our attention away from the road. However, our experience and practice as Indiana auto accident lawyers tells us that awareness and education activities are never enough to tackle any safety problem. There must be strong laws that ban unsafe practices, and strict enforcement of these laws.

As Indiana auto accident lawyers, we frequently monitor new developments in auto and highway safety. It has been very encouraging to note a widespread public preference for cars that are safer. Seatbelts and airbags are two of the most important safety devices you could have in your car, but as the New England Auto Show last month revealed, Indiana motorists will soon be able to choose many more high tech auto safety features to prevent accidents and injuries.

Many of these features are now also coming with more affordably priced models. You shouldn’t have to be wealthy to able to afford a car that protects you in an accident. Some of the better features that we hope become more and more widely used in cars in Indiana are:

1. Forward Collision Systems
These are built to detect objects or vehicles in front of your vehicle, and prevent collisions.

2. Face Recognition Monitors
These futuristic devices work by taking a picture of your head while you are driving and monitoring for sudden jerky movements, like when you begin to nod off. As soon as the system notices such signs, it sounds a warning. Considering the lack of attention paid by Indiana’s lawmakers to the problem of drowsy driving, this system may be the next best thing to preventing the serious accidents that result from fatigued driving

3. Post Collision Systems
These do a number of things in the seconds after an accident - shutting off the fuel pump, unlocking the doors and turning the car’s hazard lights on. The seconds after an accident can set off complications like a fire, and this system prevents such adverse and dangerous events.

4. Active Head Restraints
These protect the head in the event of an accident, by adding extra padding around the skull.

The increased use of seatbelts and air bag systems has been credited with contributing to the decline in the national highway fatality rate. With more advanced features on their way or already here, Indiana auto accident lawyers will be hoping for a further decrease in those rates.

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.

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.

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.

As Indiana auto accident lawyers, we have been very concerned about the high accident risks of texting while driving. Teen motorists in particular, are at particular risk for such behavior. In fact, according to the New York Times earlier this year, American teenagers sent and received a staggering average of 2,272 text messages per month, in the last three months of 2008. That works out to 80 messages a day. It’s fair to assume that at least a few of those messages were sent when the driver was behind the wheel.

Those numbers have been confirmed by a new Pew survey, which shows that at least a quarter of American teens between the age of 16 and 17, have texted while driving. At least 50 percent of teens aged between 12 and 17, say that they have been passengers in cars with an adult driver texting at the wheel. Experts are already speculating that the number of texting teen motorists may be actually much higher than the survey shows.

What is very worrying to Indiana personal injury lawyers is the number of teens who are used to their parents texting while at the wheel. Some of this parenting behavior, as vocalized by the teens in the study, is excessive. One teen told the surveyors that his father frequently texted while at the wheel, gripping the steering wheel with his knees, while using his hands to text. Other teens admitted that adult members of their family frequently and constantly indulged in text messaging while driving.

There are two causes for concern here

Large numbers of American teens admitted to text messaging while driving which, according to a study by the Virginia Tech Transportation Institute, increases the risk of an accident by 23 times
Many of our teens are being initiated into these driving practices simply by observing their reckless parents.

Teen motorists face enough pressure from peers. They don’t need to be exposed to dangerous driving practices by their parents. As Indiana auto accident lawyers, we hope that parents will take their responsibilities of being role models for their children more seriously.

As Indiana trucking accident lawyers, we regularly follow developments in the trucking industry. It's encouraging to see that the American Trucking Association has thrown its weight behind a new bill that will ban texting for all drivers, including commercial motor vehicle drivers and passenger vehicle drivers.

The texting bill is called the Avoiding Life Endangering and Reckless Texting By Drivers Act, has been introduced by Senator Charles Schumer (D-NY) and will require that states ban texting within the next two years, or risk losing 25 percent of their annual highway funding. The texting ban is especially important in the light of the recent Distracted Driving Summit in Washington, that focused on motorist distractions, including texting and cell phone use.

While the support for Senator Schumer's bill has been good to note, we wish the trucking industry would also recognize the dangers that arise when truckers use computers in their cabs. Trucking groups have been quick to support a texting ban, but not as keen on banning the use of these computerized devices. More and more companies are investing in computers in truck cabs that allow them to send out new orders and messages to truckers around the country. These computers can be a serious distraction to truckers. Studies have shown that truck drivers don’t always pull over when they need to use their computer. This means that the operator of a 57-foot long, 80,000 pound truck could be distracted by the computer in his cab, endangering the safety of motorists nearby.

The American Trucking Association has also adopted policy statements that have the potential to impact truck safety in Indiana and around the country. It has expressed support for the use of onboard safety systems on trucks. These safety systems like brake monitoring systems, automated transmissions and vehicle stability control systems can minimize the risk of accidents. However, the ATA insists that trucking companies be offered financial incentives to adopt these systems.

The ATA is also calling for promoting driving education among new motorists to include awareness of driving safely around 18 wheelers. As Indiana truck accident lawyers, it's a matter of concern to us that motorists may be unaware of basic trucking safety facts, like the fact that an 18-wheeler takes a much longer time to come to a complete stop after the brakes are applied. Besides, truck drivers may not be able to see a motorist if he falls in the trucker's blind spot. New motorists can benefit from learning how to drive safely around a tractor trailer.