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Indianapolis, Indiana Personal Injury Law Blog

Super Bowl Party Tips for a Safe Celebration

  • 03
  • February
    2012

Indianapolis is proud to be hosting the Super Bowl this year, and the city will be flooded with football fans and out-of-state guests on the road. For those who are hosting a Super Bowl party at home, please be responsible and ensure your guests arrive home at the end of the night happy and safe. Some tips for a great Super Bowl party include:

· Always have plenty of non-alcoholic drinks and food available for guests

· Make the party family and child friendly

· Consider serving only beer and wine, and keep the hard liquor in the cabinet. It is Sunday afternoon, after all, and people are more inclined to overdo it with hard alcohol.

· Stop serving alcohol after the third quarter. Make a special non-alcoholic drink to serve in the fourth quarter, and keep the food coming.

· Organize designated drivers before the party, and have taxi numbers posted for guests to see. They are more likely to call a cab if the information is easily available.

As we consider the fun of Super Bowl Sunday, please remember the life of Tierra Pierson, who was killed by a drunk driver after the Colts v. Jaguars game on December 17, 2010.  The drunk driver plead guilty and admitted to drinking alcoholic beverages while attending the Colts game.  He will serve 10 years in jail. 

Remember, it only takes a split second to change the entire course of a person's life when it comes to car accidents involving drunk driving. The risk is not worth it to your family, friends and all the innocent motorists on the road.

Doehrman Chamberlain - Indianapolis injury lawyers

Indiana Senate Unanimously Passes Bill Providing Immunity for Young Drinkers

  • 02
  • February
    2012

The Indiana Senate has unanimously passed Bill 274, granting immunity to minors who have been drinking but who call 911 for a friend in trouble. The bill arose out of concern for college students who may need medical attention due to binge drinking, but never receive the necessary care because other minors are too scared to contact emergency authorities. Sen. Randy Head, R-Logansport, worked with student government officials from universities throughout the state to come up with the idea for the bill.

Under the bill, a minor calling 911 is granted immunity from the charges of minor consumption of alcohol and public intoxication as long as the caller cooperates with police and stays with the person needing medical attention. The bill does not grant immunity for drunk driving or relieve anyone from liability from auto accidents.

Sen. Head feels the bill is necessary to ensure the safety of college kids, who do not always make the best choices when it comes to alcohol, but he notes the narrowness of the immunity. "If they're under the influence of a controlled substance or they're driving drunk they could be prosecuted for those things. This is a very limited bill and it's intended to promote a good and sound public policy."

The bill now will move to the state House of Representatives for a vote.

Doehrman Chamberlain - Indianapolis injury lawyers

Are Mandatory Ignition Interlocks an Option to Prevent Repeat DUI Offenders?

  • 01
  • February
    2012

Advocacy group MADD Ranks Indiana as 11th out of the fifty states and DC for total DUI-related traffic deaths. In 2010, there were 195 fatalities from drunk driving auto accidents in the state. One way states are seeking to combat drunk driving is to have ignition interlock systems be routinely ordered for those convicted of DUIs .

The interlock systems work by preventing the operation of a vehicle when the driver's blood alcohol concentration is above a specified level set by the legislature. This amount is below the legal limit of .08, as when a person has been drinking it takes a few minutes for the alcohol to be absorbed by the blood. The ignition interlock systems allow those convicted of DUIs to continue to operate their vehicles and ensure the safety of others on the road.

Currently in Indiana, the legislature does not require mandatory ignition locks for convicted DUI offenders, as it is up to the discretion of the trial judge to order the device. MADD is currently lobbying state legislatures to make ignition locks mandatory for all individuals convicted of DUI. The group claims that in Hancock County, Indiana, alcohol ignition interlock installation rates increased from 20 percent to 62 percent when the alternative was electronic monitoring. They also claim these policies alone reduced DWI/DUI rates by 40 percent for first offenders and 22 percent for repeat offenders.

Should the legislature order mandatory ignition locks for convicted DUI offenders, or should it remain within the sole discretion of the trial court?

Doehrman Chamberlain - Indianapolis injury lawyers

Indiana Supreme Court: Police Can Stop Drunk Drivers Based Only on a Tip

  • 31
  • January
    2012

Just before New Year's Eve, the Indiana Supreme Court released its ruling regarding whether police can pull over a drunk driver based solely on a 911 tip from another driver trying to prevent an auto accident. In a 4-1 decision, the Court overruled the trial court and appellate decision that the police did not have a reasonable suspicion to stop the car.

The facts of the case are simple: a concerned citizen called 911 and told the operator he had been following a blue Volkswagon that was weaving and driving erratically on the road. He willingly gave his name and telephone number, and reported that the car had just pulled into a gas station. Ninety seconds later, police arrived at the gas station and stopped the blue Volkswagon. The female driver had bloodshot eyes, slurred speech and a strong odor of alcohol. She failed three field sobriety tests and was arrested. Her subsequent blood tests shown her BAC was .22, or almost three times the legal limit.

The Indiana Supreme Court looked at the totality of the circumstances, including the time, location, specific vehicle make and color, immediate response by the police and the fact that the tipster gave his name and number. They found that reasonable suspicion existed, based on articulable facts, to stop and briefly detain the driver for investigatory purposes. All drivers in Indiana should be aware that if they make the irresponsible decision to drive while intoxicated, all it takes for their arrest is a simple call by a fellow motorist.

Doehrman Chamberlain - Indianapolis accident lawyers

Super Bowl Revelers, Take Note that Drunk Driving is our Topic of the Week

  • 30
  • January
    2012

Last week, this blog asked whether distracted driving was the new drunk driving, as statistics show more drivers are causing car accidents due to distractions than ever before. Advocacy groups and citizens call upon state legislatures to outlaw certain behaviors, such as cell phone use and texting, to reduce auto accidents and fatalities. This was similar to the passing of harsher drunk driving laws and penalties during the 1980s, when MADD formed and rightfully pressured state legislatures to do more to prevent senseless auto accidents. Indiana, in fact, had been the first state to enact a Blood Alcohol Content law in 1939, which made illegal operating a vehicle with a BAC over .15 (almost twice the amount of today's .08 limits).

There is still more work to be done, and drunk driving remains a serious issue for all motorists and their passengers. In this week leading up to the Super Bowl, we urge all people and fans to refrain from drinking if they plan to drive to prevent the celebration from becoming a tragedy.

Stay posted for blog topics all week discussing drunk driving, its consequences and the ongoing efforts of legislatures and citizens' groups determined to save lives and make the roads safer for all.

Doehrman Chamberlain - Indianapolis accident attorneys

New Smartphone Apps Seek to Remedy Distracted Driving

  • 27
  • January
    2012

Smartphones have been receiving a fair amount of blame for the ongoing problem of distracted driving causing car accidents. This has prompted some software designers to seek out ways for users to use their phones to keep them focused on the road. Two new kinds of apps take opposite strategies to solve distracted driving, as one seeks to stop all cell phone use while the other actively encourages it.

One such app that may prove beneficial for parents of teenagers glued to their phones at all times. Sprint offers a service to customers called "Sprint Drive First," and for $2/month, the phone will shut down automatically when it is in a vehicle driving over 10 miles per hour. They also offer an override button, but the use of this override will show up on the phone bill. Another company is offering a similar type of app called CellControl, which is available to download for any service provider.

The other new kind of app is called iOnRoad, and it takes a completely different approach to cell phone use and distracted driving. This app claims to turn the cell phone into a safety tool whereby the user attaches the phone to the windshield while driving. The phone will then offer collision warnings, send out alerts if the car drifts into other lanes or gets too close to other vehicles, and will read aloud text messages when received. The app won an innovation award at the 2012 Consumer Electronics Show and offers a more proactive solution for drivers unwilling to completely shut down their phones while driving 

Distracted Driver Sideswipes Suburban Chicago Fire Engine

  • 26
  • January
    2012

This week has been all about distracted driving, and another auto accident just occurred on January 17 outside Chicago involving a fire engine on I-55 just north of U.S. 30. The fire truck was in the far left lane along with two police cars and an ambulance, all with their lights flashing and with orange cones surrounding the area. The emergency responders were there to assist a single-car accident that had left a vehicle in a ditch off the highway.

Police and firefighters were assisting victims of the first accident when a second car knocked over the line of orange cones and barely missed the police cars but sideswiped the fire engine, causing extensive damage to both the fire truck and the vehicle. The driver of the vehicle reported he had been distracted and did not see the emergency vehicles. Thankfully, no one was injured from the second wreck, but the driver is being charged with violating "Scott's Law," which sets high penalties for vehicles causing accidents at emergency roadside scenes.

The fact that a person can fail to see four emergency vehicles with flashing lights and orange cones is testament to how a preoccupied mind can easily block out visual cues.

Doehrman Chamberlain - Indianapolis accident attorneys

Safety Tips for the Many Forms of Distracted Driving

  • 25
  • January
    2012

Usually, when transportation agencies or research groups speak of distracted driving, they are referring to cell phone use and texting. However, there are many situations which have the potential to distract a driver and cause a car accident, including but not limited to eating or drinking in the car, passenger distractions (especially children,) adjusting the radio, or paying too much attention to a sight alongside the road.

The following are tips to minimize those distractions to focus on the road to keep your family, passengers and other motorists safe:

· When traveling with children, have snacks and/or activities ready and available to avoid having to dig around in a bag or in the backseat to keep the kids occupied.

· Stop and sit down for a meal instead of running through the drive-through to appreciate the food, avoid spilling in the car and to keep those hands on the wheel.

· Have a passenger in charge of the GPS system or maps. If there are no passengers in the car, review the map prior to driving to have a good sense of the travel directions.

· If there is a sight to see along the road, pull over and take it in fully.

· Never apply make-up or fix your hair while driving. Trust us, it will look better if done before or after your arrival.

· Always refrain from texting while driving, which is illegal in Indiana. Have a passenger type or just make a pit stop to review and return all text messages (they can wait.)

It may sound simple, but it only takes a split second for a driver who is distracted to cause or be involved in a major auto accident. Protect yourself and your fellow motorists and arrive at your destination safely.

Doehrman Chamberlain - Indianapolis accident attorneys

Holographic Car Windshields are Coming, Will They Prevent Distracted Driving?

  • 24
  • January
    2012

Although texting while driving is now illegal in Indiana, it is still legal to talk on the phone while driving even if you do not have a hands-free phone. Some stubborn drivers will refuse to stop talking no matter what the law says, and those people need to be convinced that there are better ways to talk on the phone without distractions that have the potential to cause car accidents.

Of course, everyone knows that hands-free devices are the way to go. Hands-free technologies are improving and most cars now have systems to integrate a Smartphone with the car's stereo system to use voice instruction for dialing and answering. That technology is practically outdated, as the new wave of the future may just be "augmented-reality" windshields, recently unveiled by Mercedes Benz at the Consumer Electronics Show last week and touted as the future of driving.

These windshields use hologram-style visuals to give information and respond to drivers' needs while driving through gesture technology, or the use of hand motions. Mercedes claims this is only the beginning and is looking into medical technologies for drivers, such as insulin monitoring for diabetics and help for allergy sufferers seeking to avoid pollen-infested areas. It will take a few years for this new technology to make it to the retail market, but it is definitely on the way. Whether this will reduce or contribute to distracted driving car accidents remains to be seen.

Doehrman Chamberlain - Indianapolis accident attorneys

Is Distracted Driving the New Drunk Driving?

  • 23
  • January
    2012

The rise of texting, talking and Smartphone use while driving has greatly increased over the last 10 years. The National Highway Traffic Safety Administration stated that in 2009, 448,000 people suffered personal injury due to distracted driving, including 5,474 fatalities. Teenagers are the age group that are most susceptible to car accidents due to distracted driving, and 16 percent of fatal crashes involving teens were due to distracted driving.

With so many people injured or killed due to something as simple as cell phone use or other distractions, some have called for legislation in an attempt to prevent auto accidents and save lives. Much like drunk driving laws, if bans on cell phone use pass and such laws prove to be enforceable, our nation may see a drop in such injuries and deaths in future years similar to the reduction in drunk driving accidents. Indiana passed legislation banning texting while driving as of July 1, 2011, with fines up to $500. Additionally, drivers under the age of 18 may not use any cellular device while driving.

These laws have good intentions, and preventing car accidents due to distracted driving could be as easy as drivers simply putting down their cell phones. Stay posted this week for information and safety tips regarding distracted driving and its impact upon all motorists on the road.

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