Indiana Injury Lawyer Blog

For a while now, the trucking industry has been pushing for a continuation of the current Hours of Service for truck drivers, which currently allows drivers to operate a rig for 11 consecutive hours. The reasoning is that these work hours have contributed to a decline in the number of people being killed in truck accident deaths every year. The Federal Motor Carrier Safety Administration has shot down that argument. According to the federal agency chief, estimates of trucking accident fatalities across the country show a possible increase in deaths in these accidents in 2010.

According to Federal Motor Carrier Safety Administration Chief Anne Ferro, the number of people killed in truck accidents in 2010 was close to 4,000. That was an increase from 3,360 fatalities in 2009. This information emerged at a hearing on the Hours of Service rule that is currently pending with the Federal Motor Carrier Safety Administration. The federal agency should have finalized a new Hours of Service rule last month, but missed a deadline to do so.

However, the number of truck accidents declined in 2010. The trucking industry is likely to pounce on this fact as proof that safety has increased since the Hours of Service were increased to 11 hours, from the earlier 10.

Continue reading "Trucking Accident Deaths up in 2010" »

MARSHAL COUNTY – Two died as a result of a tragic accident at a busy intersection of just northwest of Bremen this week.

An 80-year-old and his wife were killed after being hit by a semi-truck. The man, driving an SUV, was killed instantly while his wife died later due to the injuries she sustained. The driver of the semi-truck was not hurt.

The incident occurred on Thursday. Police report that the driver of the SUV failed to stop at the intersection, crossing the path of the oncoming semi.

This event is another terrible example of the power of semi-trucks and the importance of caution when traveling the roadways. Police believe that the SUV driver was not paying attention because he was close to his home and familiar with the area, feeling more comfortable driving near his home. “Most accidents happen within a certain mileage of your home area,” reported Lt. James Strong of the Indiana State Police.

The investigation concerning the details of the collision is on-going.

Two men from Cloverdale were injured today in a morning crash on westbound Interstate 70 that killed an Indianapolis man.

According to news reports, the two men were transported to Methodist Hospital for non-life threatening injuries and later released. The Chrysler Sebring in which they were traveling was part of a chain reaction crash following the initial accident.

In addition to the two injured men, The Marion County Coroner's office pronounced one man dead at the scene.

According to an Indiana State Police investigation, a semi tractor-trailer was hauling an oversized construction load. It was headed eastbound at the 73-mile marker and struck several concrete barriers. The impact forced the barriers into one of the westbound lanes of I-70. In turn, the barriers struck a westbound Ford van, which started the chain reaction crash which involved a White tractor-trailer, another car, a Ford Crown Victoria and finally a Toyota passenger car.

Continue reading "I-70 Crash Kills One and Injures Two Others" »

As Indiana truck accident lawyers, we have found that tractor-trailer underride guards prevent serious damage to a passenger vehicle when the smaller vehicle crashes into the rear of a commercial truck. However, the Insurance Institute for Highway Safety has found that these underride guards do little to prevent serious injuries to the occupants of a passenger vehicle in low-speed accidents.

In any rear-ender accident, the front of the car is designed to absorb much of the impact from the crash. However, when a passenger vehicle rear ends a tractor-trailer, the front of the smaller vehicle may slide under the trailer, causing serious injuries to the occupants of the smaller vehicle. Researchers at the Insurance Institute for Highway Safety analyzed more than 1,000 accidents that occurred between 2001 and 2003. Of these, 113 accidents were rear-ender crashes in which a smaller passenger vehicle crashed into the rear of a semi or truck or trailer. 28 of these accidents ended with fatalities to the occupants of the passenger vehicles. Out of these, 23 accidents involved complete destruction of the front of the passenger vehicle due to failure of the truck’s underride guard. Most of these injuries are direct impact injuries to the head of the driver and front seat passenger, and the impact is almost instantly fatal.

Continue reading "Insurance Institute Calls for Safer Underride Guards to Prevent Serious Indiana Truck Accidents" »

A Tragedy occurred this morning when a 13 year old IPS student was killed when the car in which she was riding pulled into the path of a southbound semi truck.

The accident occurred at Harding Street and I-70 and caused major traffic problems for several hours.

Two additional students were injured in the wreck. Reports from the scene indicate that they were not critically injured but were taken to local hospitals as a precaution.

Continue reading "IPS Student Killed in Truck Crash" »

Shelby County residents were reminded of the devastating results of a crash involving a truck and a passenger car.

News reports indicate that a man and child were killed when their car struck a dump truck head on. A third person was flown to Methodist Hospital with severe injuries. The driver of the dump truck was unharmed.

The accident is a sober reminder of the need to stay alert while on the roads. The size and weight of any truck can cause severe damage but a dump truck fully loaded with gravel is like a concrete wall moving at 60 miles per hour. The end result is severe injuries and even death.

Winter weather and speed combined yesterday resulting in another road-side injury to a police officer in Wayne county. The officer, handling another traffic accident, was struck when a box truck, unable to slow enough to avoid another collision caused a chain reaction accident. His truck hit the deputy and knocked him into the ditch. The deputy was standing behind his vehicle at the time.

While the deputy is scheduled to be released from the hospital, he was lucky to come away from the accident with his life.

Too often, semi and box truck drivers pay little attention to the conditions of the road, putting pedestrians and safety officials at greater risk. This is another incident in which a driver, unaware of the conditions and the circumstances, caused property damage and personal injury.

Continue reading "Wayne County Sherriff's Deputy Injured" »

Indiana weather forecasters are reporting that the catastrophic ice storm has passed and clean up is underway. Local school corporations, daycare centers and businesses have closed for another day. Many state employees will stay home today. Cities remain closed. Even state universities have closed for another day. As of this writing more than 950 closings and delays have been reported.

As the wind subsides and the snow stops falling, salt trucks will pass through your neighborhood and scrape the layers of ice away. Schools will reopen and business will get back to normal. The attorneys Montross Miller Muller Mendelson & Kennedy urge Indiana drivers to proceed with caution for the next several days. While the road may appear clear, blowing winds and drifting snow has combined with sub-zero temperatures to keep the roads icy and slick. Black ice, snow drifts, and inattentive drivers can still pose hazards to unsuspecting and unprepared travelers.

Indiana employers have a major role to play in preventing employees from using cell phones while driving, thereby preventing distracted driving accidents. More and more employers in Indiana and around the country are implementing “no cell phone use while driving” policies in the workplace, to prevent employees from being distracted while driving.

The attitude towards a workplace policy banning cell phone use while driving has changed significantly. About five years ago, few companies had policies in place that protected cell phone use while driving for employees traveling on work, to a work-related appointment, or using a company-issued car. Now, Indiana injury lawyers find a number of employers in Indiana with such anti-distracted driving policies in place.

Continue reading "Indiana Employers Can Help Prevent Distracted Driving Accidents" »

2009 marked a record year of sorts in trucking safety in the US. Last year, the number of people killed in truck accidents around the country dropped to their lowest numbers since records began to be maintained. But does that really mean that motorists are much safer today?

The Institute Agency for Highway Safety has analyzed truck accident fatality data for 2009. Some of the findings from the analysis:

In all, a total of 3,163 people were killed in truck accidents in the US last year. Out of these, 14% were the occupants of the truck, while 70% were the occupants of the passenger vehicle involved in the collision. The remaining 14% were bicyclists, pedestrians and motorcyclists.

Continue reading "Indiana Truck Accident Facts" »

The city of Carmel, Indiana is receiving a lot of attention for a road design feature that seems to be in abundance there. The city has more roundabouts than any other city in the country. With the addition of roundabouts has come the elimination of many traffic lights.

The Insurance Institute for Highway Safety credits these high numbers of roundabouts in Carmel for a reduced injury and accident rate. In 2003, there were 252 traffic accidents on 220 miles of road in Carmel. By 2008, the road miles had increased to 395, but the traffic accident rates actually decreased to 223. Between 2003 and 2008, more than two dozen roundabouts were constructed in Carmel. By the end of this year, the number of roundabouts is expected to touch 55. The number of traffic lights there is just 41.

Continue reading "A Road Design Success Story in Indiana" »

The law firm of Montross Miller Muller Mendelson & Kennedy is fully committed to serving the personal injury needs of all Indiana residents. As a team of experienced, dedicated attorneys, we have successfully worked together for nearly three decades, defending the rights of clients and their families. Our experience in medical malpractice and personal injury law has a proven track record and we are committed to providing the individual attention we know your case deserves.

Continue reading "Committed to Excellence" »

Last year, Indianapolis residents had a close view of the massive destruction that can occur when a tanker truck is involved in a rollover accident. In October 2009, a propane truck flipped over on Interstate 465, and burst into flames. The resulting blaze could be seen for miles around, and even motorists a mile away from the explosion could feel the heat. That accident could likely have been averted if the tanker truck had come equipped with a stability control system of the kind found in millions of passenger vehicles around the country. Unfortunately, federal agencies have failed to make these systems mandatory on all commercial trucks.

This week, representatives of the National Highway Traffic Safety Administration told a hearing of the National Transportation Safety Board that the federal administration was looking into the benefits of having electronic stability control systems made mandatory on all commercial trucks. The hearing was linked to the Indianapolis crash, and the National Transportation Safety Board was specifically looking into safety systems to prevent tanker truck rollovers, like the one that occurred last year. According to the researchers who presented the findings at the hearing, electronic stability control systems on all 18-wheelers would prevent 3,600 rollover truck accidents every year, save 106 lives and prevent 4,400 injuries every year.

Continue reading "Stability Control Systems Could Prevent 3,600 Truck Rollover Accidents Annually" »

If efforts to develop a test that will determine the presence of brain injury through biomarkers are successful, we could soon have a simple blood test that doctors at any kind of facility could use to determine the presence of a brain injury.

Currently, procedures for the diagnosis of brain injury are fairly restricted. Doctors can diagnose injury by taking a patient's blood pressure and other vitals, and administering memory and concentration tests. However, the chances of a missed diagnosis are always too high for Indiana personal injury lawyers to tolerate. A delayed diagnosis or misdiagnosis, can radically impact a person's chances of completely recovering from the brain injury.

Continue reading "Progress in Efforts to Develop Brain Injury Biomarker Test" »

Utility crews, emergency responders, police, fire personnel, and construction workers risk their lives every day in an effort to assist the residents of Indiana. With each road construction site, traffic stop and roadside response, these men and women place their own personal safety on the line.

In recent years, Indiana and Federal legislators have added safeguards designed to reduce that risk. These safety measures include a requirement for drivers to reduce their speed, change lanes whenever possible, and always yield the right-of-way to personnel responding to an emergency and requiring personnel at the roadside to wear reflective gear.

Continue reading "New Law Reduces Speed of Indiana Drivers" »

The Federal Motor Carrier Safety Administration is in the process of developing/rolling out new technologies to help enhance trucking safety and keep Americans safer. As expected, these technological developments are the kind that make Indiana truck accident attorneys very happy.

First, the agency is in the process of finalizing technological devices that can help prevent rear-ender tractor-trailer accidents. These accidents kill 165 people in the country every year, and injure more than 1,600 more. The agency is considering lighting systems that will alert approaching motorists to the tractor-trailer.

Continue reading "FMCSA Working on Safety Technologies to Prevent Accidents" »

Two trucking safety questions are on the horizon for the trucking industry, safety groups and Indiana truck accident lawyers.

The first question - how does the industry plan to deal with a looming truck driver shortage that threatens as the recession ends?

The second question is linked to the first - will a driver shortfall mean that there will be more older, and thus less safe, truckers, on the highways?

Last week, several trucking groups and Reuters reported that as the recession loosens its grip on the trucking industry, there will be more opportunities in other areas for young men who would otherwise have turned to trucking. Historically, a good economy means more opportunities for potential trucking candidates.

Continue reading "Truck Driver Shortfall Looms, Raises Safety Issues " »

The Federal Motor Carrier Safety Administration is looking at the problem of driver fatigue very seriously. In the latest move designed to reduce the number of tired, drowsy and simply fatigued truckers plying our highways, the agency has passed a rule that requires electronic on-board recorders (EOBR's) to be installed on trucks of carriers that frequently violate the Hours of Service rule.

The new rule will take effect from June 1, 2012. It will require a carrier found to be in violation of the work hour rules more than 10% of the time in a single compliance review, to have the EOBRs installed in all its trucks. The recorders must be synchronized with the truck’s engine to record precise and accurate data. The device must record the truck driver name, location, duty status, date and time. After an accident, the data can be accessed through the device, helping rule out or confirm the role of driver fatigue as a role in the accident.

Continue reading "New Federal Rule Will Require Electronic On-Board Recorders for Certain Carriers" »

As truck accident lawyers in Indiana, we have been very concerned at our state’s decision to close truck stops in an effort to deal with budgetary deficits. Last year, the Indiana Department of Transportation closed seven truck stops in the state. Other states around the country have followed suit, shutting down rest areas in an effort to meet budgetary shortfalls, and in the process, placing truckers and motorists at risk from fatigue-related accidents, violence, robberies and other adverse incidents.

A new piece of federal legislation called Jason’s Law could change all that. The bill, if passed, will provide for financing of new truck stops across the country, enhancing existing parking areas for 18-wheelers, and improving access to truck stops and parking facilities on our highways.

Continue reading "Jason’s Law Will Help Pay for Parking Facilities for Indiana Truckers" »

Transportation Sec. Ray LaHood deserved to be proud this week, when he announced that according to preliminary data, highway fatalities across the country had dropped to their lowest levels in 54 years. Fatality numbers for 2009 were 9% lower than they were in 2008. The DOT estimates that there were 33,960 accident fatalities in 2009. Compare that to just four years ago in 2005, when there were 37,261 fatalities.

Obviously that's good news, although 33,000+ deaths in 365 days are still far too many to stomach for Indiana injury lawyers.

Continue reading "Highway Accident Fatalities Lowest in More Than Five Decades" »

Trucking companies in and around Indiana will now be able to access updated accident and inspection records of potential drivers, on a website that has just been launched by the Federal Motor Carrier Safety Administration.

The website was promised by Transportation Secretary Ray LaHood last year. Calls for a website like this that allows for easy 24-hour access to a job applicant’s inspection and accident records, have been growing for a while now. Such data would allow employers to screen a job applicant's accident records dating back five years, and inspection records dating back three years. This data could help tremendously in making a hiring decision. Until now, such data had been available only to federal and state enforcement agencies. Now, employers in Indiana will have access to the very same data that the FMCSA has had access to all these years.

Continue reading "Indiana Trucking Employers Gain Access to Driver Accident Records" »

Indiana residents were again reminded of the devastation caused by semi tractor-trailer accidents when they awoke last Sunday to the news of a crash involving a tractor-trailer and a passenger van.

According to early reports, a passenger van traveling north on Interstate 65 near Edinburgh was struck from behind by a semitrailer. The accident occurred around 3:30 a.m. on the darkened interstate.

The full-sized passenger van, filled with family members, was returning from a kite flying competition in Atlanta, Georgia. The van carried 18 people. All the passengers in the van were from one Chicago area family.

Continue reading "Indiana Tractor-Trailer Accident Takes Two Lives" »

Last week, a safety group handed out its annual report card for highway safety. Indiana received a mediocre rating for the strength and effectiveness of its highway safety laws. Coming as it does during the first month of a brand new year, Indiana personal injury lawyers hope that the government takes seriously the issues brought up by the report card and its recommendations.

The report by Advocates for Highway and Auto Safety called Road Map to State Highway Safety Laws, rated all states based on the kind of highway safety laws they have in place to minimize accidents, prevent fatalities and reduce injuries. Fifteen basic and essential highway safety laws relating to teen driving, drunk driving, adult occupant protection and other aspects of highway safety were taken as bench marks.

Continue reading "More Highway Highway Safety Laws Needed to Minimize Indiana Accidents " »

Indiana State Police responded to a call concerning a near fatal accident on the Indianapolis east side this past Tuesday morning. The accident occurred around 9:00 am when the driver of a van hit a tow-truck driver on westbound I-70.

Indianapolis Police report that the tow truck driver, Mark Daily was outside his vehicle, helping a broken-down car on the side of the highway. While he was working, a van ran over him. Police say that the driver of the car, 40-year old Ronald Stevens, failed to obey the law that requires a driver to move to another lane when service vehicles and emergency personnel are present. He was cited for unsafe lane movement and following too close.

Continue reading "Indianapolis Tow Truck Driver Injured" »

The New Year promises to usher in new state and federal laws of the kind that Indiana personal injury lawyers would really like to see. Our state continues to lag behind many in its approach to the safety issues arising from motorists texting and using cell phones while driving. We currently have a ban on all cell phone use by motorists below the age of 18. However, there is no law yet that bans texting while driving for all.

A new bill introduced by Senator Travis Holman (R-Markle) will ban texting and sending emails behind the wheel for all drivers. The bill was filed in the legislature last year, and a non budget session of the legislature which begins on January 5th, has the bill on its agenda. The momentum against cell phone use while driving is gaining momentum in Indiana, and the bill has received support from legislators, Indiana personal injury attorneys and the public.

Continue reading "Indiana Personal Injury Lawyers Look Forward to Texting While Driving Ban in 2010 " »

Indiana is in the midst of a massive 10-year highway construction development blitz, but given a poor nationwide record of enforcing work zone safety standards, personal injury lawyers here will be concerned about the increased risk of accidents and injuries from these development efforts.

In 2006, the Indiana Department of Transportation introduced Major Moves, a highway development plan that includes at least 200 new highway construction projects and 200 preservation projects across Indiana. The plan was initiated as part of efforts to boost development, facilitate easier transportation and generate jobs. All that has been great, but the plan has also meant dozens of highway projects active across the state, at any given time.

Continue reading "Increased Indiana Highway Construction Could Mean More Accidents in the New Year" »

As Indiana personal injury lawyers, we are constantly monitoring efforts by our state to prevent automobile accidents, especially those that result in fatalities and catastrophic injuries. With winter here, the chances of accidents increase because of the challenges of driving in adverse weather conditions. That is why we are encouraged to see the Indiana Department of Transportation (DOT) using technology and the Internet to keep motorists in informed about road and traffic conditions that affects their safety.

The DOT has set up a new website at www.trafficwise.in.gov to keep motorists informed of road conditions. The website launched just before the Thanksgiving holiday, which kicks off a high-risk season for accidents in Indiana.

Continue reading "Indiana DOT Launches New Website to Prevent Accidents" »

As Indiana truck accident lawyers, we have our reservations about the confirmation of Anne Ferro as chief of the Federal Motor Carrier Safety Administration (FMCSA). Ferro’s confirmation has been controversial, and truck accident attorneys, safety groups and accident survivor groups have their doubts about the good judgment in having a former trucking industry lobbyist leading the country’s premier commercial motor vehicle agency.

Ferro served six years as president of the Maryland Motor Truck Association.
It’s not just the lobbyist past that concerns Indiana truck accident attorneys. Ferro has also been a strong supporter of the 11-hour trucking rule that the Bush administration passed just before he vacated office. Trucking safety advocates and truck accident lawyers in Indiana and around the country have been strongly critical of the rule, which extended the number of consecutive hours a trucker can drive to 11, from the earlier 10.

Continue reading "Indiana Truck Accident Lawyers’ Wish List for New FMCSA Chief " »

Interstate I-65 in downtown Indianapolis was another scene of a horrific accident involving three semi-trucks and two cars. While details are still coming in, it appears that one of the tractor-trailers slammed into the rear of the first passenger car, pushing the vehicle into another semi, causing a chain reaction.

Continue reading "Indianapolis Truck Accident Kills One, Injures Four Others" »

On November 24, 2008, a new federal regulation (23 CFR 634) went into effect, requiring anyone working in the right-of-way of a federal highway to wear high-visibility vests that meet specific requirements. This law applies to anyone who must be in proximity of or in the path of the roadway. Unfortunately, as some local news media have discovered, not everyone is following the law and the result can be deadly.

Continue reading "Indianapolis Police and Highway Workers in Danger" »