Indianapolis, Indiana Personal Injury Law Blog

The Federal Motor Carrier Safety Administration (FMCSA) recently passed a new rule to close a loophole that previously allowed unscrupulous trucking companies to evade regulations and liabilities by starting new shell corporations. A trucking company would "reincarnate" as a new company in name only, folding up the old shop and starting anew. The FMCSA had discovered that a number of motor carriers were submitting new applications for registration as new corporations to evade civil penalties or liability for truck accidents. The new regulation requires an administrative review of new applications and investigatio into the proposed new company's history.

In response to the problem of these fly-by-night shell corporations, the FMCSA released this statement in justification for the new regulation: "Other motor carriers attempt to avoid enforcement or other consequences associated with a negative compliance history by creating or using an affiliated company under common operational control. They then shift customers, vehicles, drivers and other operational activities to that affiliated company when FMCSA places one of the commonly controlled companies out of service."

Closing this loophole is key to holding trucking companies responsible when they fail to comply with regulations, leading to auto accidents and harm to innocent motorists. Additionally, the new rule will no longer allow carriers to pay the full amount of the civil penalty without admitting to liability. Now, payment of the penalty constitutes an admission of the violation. This new regulation is beneficial to the public at large as well as motorists injured as a result of the negligent actions of a trucking carrier.

Doehrman Chamberlain - Indianapolis accident attorneys

Although spring is officially here, it still gets chilly at night and some residential households rely on space heaters to heat rooms in the evenings. Just this past Monday, a residential fire took place in Butler that caused serious burn injury to an 11-year old boy. He was removed from the scene by firefighters and at last report, was in critical condition at a Fort Wayne hospital. A preliminary investigation as to the cause of the fire points to a space heater.

Consumer Reports estimates that portable space heaters cause an estimated 1,700 fires, 180 burn injuries and 70 deaths annually. However, the consumer advocacy group states that space heaters can be safe when used carefully and properly. The following are some tips on the proper use of portable space heaters to prevent accidental fire and burn injury:

· If the heater is a propane or kerosene heater, they should never be used indoors as they have open flames and release carbon monoxide and carbon dioxide.

· Only buy electric space heaters with a safety-certification label, such as the UL mark from Underwriters Laboratories, the ETL label from Intertek, or certification from CSA International.

· Check the heater's power cord to see if there is any damage, cracks or fraying. Replace the cord or the entire heater if it needs repairing to prevent an electrical fire.

· Do not use extension cords with space heaters.

· Never leave a heater unattended or in a room with sleeping children.

· Always follow the exact directions as stated by the manufacturer.

· Keep the heater on a flat, clean, dry and cool surface.

· Never place a space heater near curtains or furniture, or anything that is flammable.

Doehrman Chamberlain - Indianapolis injury attorneys

When a young student is being targeted by a bully, the most important thing to do is to alert the school district through teachers, guidance counselors and principals to prevent violence. One young man did everything right when he found himself the victim of a violent bully, but unfortunately, the school district let him down. Six years later, this young man was able to secure compensation for his future and lifestyle adaptations required by his spinal cord injury that left him paralyzed.

His ordeal is every student and parent's nightmare. A target of ongoing physical and emotional abuse by another classmate, the young man wrote numerous emails to multiple school authorities asking them for help in protecting him from the bully.

Towards the end of the school year, the bully punched his victim in the abdomen so hard he fell to his knees. A few days later, he was unable to walk, and doctors discovered that the blow had formed a blood clot in his artery that moved to his spine and caused paralysis. After 19 surgeries and multiple near-death experiences, the victim will likely never walk again.

After settling his case against the bully, it took three additional years of depositions and investigations into the actions (and inactions) of the school district to reach the $4.7 million settlement. What everyone can learn from this young man's story is to speak up and out against bullying and physical violence in school to prevent this sort of catastrophic accident from happening again.

Doehrman Chamberlain - Indianapolis accident lawyers

We are at the end of the official National Distracted Driving Month, but its campaign of awareness of the dangers of texting while driving will last all year. The importance of this campaign is underscored by the recent school bus and truck accident in Pike Township, which sent nine children to the hospital for injuries when the truck driver received a text message and crashed into the bus.

The driver worked for Piazza Produce and rear-ended the school bus carrying 17 students and the driver from Central Elementary at the 8200 block of Zionsville Road.

Police confirmed to the Indianapolis Star that texting while driving was the cause of the accident. Pike Township School Police Chief Allen Kasper told reporters that the truck driver was not looking at the road when he hit the bus. "He said he had just received a text and was reading it." The driver was cited for texting while driving, which is illegal in the state of Indiana. Thankfully, the nine injured children were released from the hospital shortly after the accident.

A common justification for people who choose to ignore the law and continue to text while driving is that no one thinks an accident will happen to them. The truck driver here surely did not think that by looking down at his cell phone he was putting 17 young children at risk of serious injury. Remember this story the next time you are driving, and check your texts after you arrive home safe.

Doehrman Chamberlain - Indianapolis accident attorneys