Indiana Personal Injury Blog - Automobile Accidents

Legal Issues Surrounding IMPD Police Cruiser Ramming Motorcyclists

Tom Hastings — Wed, 11 Aug 2010 16:46:27 GMT

On Friday August 6^th, a police officer from the Indianapolis Metropolitan Police Department ran into the rear of two motorcycles causing one death and severely injuring two other motorcyclists. The police officer was reportedly on a run to assist other officers in serving a warrant. The accident occurred at 11:20 on a Friday morning on the North East side of Indianapolis while the motorcyclists were on a lunch break from their jobs.

Even though the police officer had his emergency lights and sirens on, the motorcycles that were stopped could not move to the right, as required by Indiana law, because of other stopped traffic. The State of Indiana Code states that an emergency vehicle while responding with red lights and siren should have the right of way.

IC 9-21-8-35 Emergency Vehicles: yield of right-of-way. Section 35. (a) Upon the immediate approach of an authorized emergency vehicle, when the person who drives the authorized emergency vehicle is giving audible signal by siren or displaying alternately flashing red, red and white, or red and blue lights, a person who drives another vehicle shall do the following unless otherwise directed by a law enforcement officer: (1) Yield the right of way. (2) Immediately drive to a position parallel to and as close to the right hand edge or curb of the high way clear of any intersection. (3) Stop and remain in the position until the authorized emergency vehicle has passed.

With the traffic stopped in other lanes and in front of the motorcycles, to stop and remain in position was the only option, according to a friend that was also riding a motorcycle with the group. He was not involved in the crash.

Tuesday the news media reported the police officer’s blood alcohol content was .19, well above the state limit. Indiana law states a driver with a BAC above .08 is legally impaired. The Officer is on desk assignment until the police chief and Prosecutor’s Office decide, if any, what charges will be filed. [UPDATE: The officer was charged in the accident today.]

Indiana Code 34-13-3 addresses tort claim filings against government entities and public employees and specifically addresses the damages. IC 34-13-3-4 states:

(a)The combined aggregate liability of all government entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed:

(1) for injury to or death of one person in any one occurrence:

(C) Seven hundred thousand dollars (700,000) for any cause of action that accrues on or after January 1, 2008;

(2) for injury to or death of all persons in that occurrence, five million dollars ($5,000,000).

(b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.

For more information on Indiana tort law, see the Law and Justice section of IN.gov.

Originally posted at The Legal Examiner by Tom Hastings

Teens Struck By Hit and Run Driver In Indianapolis

Chrissie Cole — Thu, 15 Apr 2010 10:56:00 GMT

A hit and run accident on Tuesday night has left two teen girls fighting for their lives.

The girls were walking northbound in the 2800 block of North Keystone when the driver, 36, lost control of his vehicle and drove onto the sidewalk hitting the girls.

Police quickly found the driver who had crashed into a parked car after fleeing the scene. He was taken into custody.

The girls, both 15, were taken to Methodist Hospital in critical condition, with one extremely critical.

Police suspect alcohol may be a factor. The investigation is ongoing.

UPDATE: The driver faces four charges, including operating a vehicle while intoxicated with a previous conviction and leaving the scene of a crash.

According to IMPD, the driver has previously been arrested on gun, drug, resisting law enforcement, battery, and DUI charges.

Originally posted at The Legal Examiner by Chrissie Cole

Man Killed In Indianapolis Car Accident

Chrissie Cole — Wed, 23 Dec 2009 23:59:00 GMT

A car accident in west Indianapolis early Wednesday morning claimed the life of Andray Burns.

The accident happened on Washington Street, just east of Tibbs Avenue. According to police, Burns was heading eastbound on Washington when he lost control of his vehicle, hopped a curb and rolled over.

The accident is still under investigation, but police believe speed is likely a factor.

One of the leading causes of accidental injuries in the United States is car accidents. This is not entirely surprising, considering more than six million automobile accidents occur each year, according to the United States Bureau of Traffic Statistics.

Originally posted at The Legal Examiner by Chrissie Cole

Cambridge City Man Critically Injured In Crash

Chrissie Cole — Thu, 19 Nov 2009 23:43:00 GMT

A Cambridge City man was critically injured in a head-on collision in Indianapolis Wednesday night.

Walter Snyder, 77, suffered several broken bones and head trauma in the crash, according to Indiana State Police. He was taken to Reid Hospital.

The accident happened on Ind. 1, north of Delaware Street, just after 6:30 p.m. during rainy conditions.

Snyder, driving a GMC pickup truck, crossed the center line, struck another vehicle and crashed into Chevy truck driven by Whitney Silveira, 23, of Richmond.

Sliveira suffered a head injury and was released from Fayette memorial Hospital in Connersville. The man driving the car that was struck did not suffer injury.

The accident is under investigation.

Originally posted at The Legal Examiner by Chrissie Cole

Crash Splits Car In Half, Two Injured

Chrissie Cole — Thu, 22 Oct 2009 16:12:00 GMT

Two people were injured in a car accident on Cornbread Road Thursday morning. Officials suspect excessive speed may be a factor.

The driver, 21, was airlifted to Indianapolis Hospital after she was found unconscious at the scene with head injuries. A passenger, 20, was treated at Ball Memorial Hospital.

It appears Harvey was traveling west on Cornbread Rd. near Andrews Rd. when the car left the road, struck two telephone poles and hit a tree, according to Sherriff Bill Polk.

Due to the force of impact, the vehicle was split in half, but both driver and passenger were wearing seat belts. The investigation is ongoing, but Polk believes excessive speed was a factor.

Originally posted at The Legal Examiner by Chrissie Cole

SUV Plows Through Indianapolis Home

Chrissie Cole — Fri, 25 Sep 2009 13:13:00 GMT

An SUV plowed through an east side home in Indianapolis on Friday and then left the scene, according to police.

The homeowner, Winnie Withers, 85, was unaware the vehicle struck the house,” said IMPD Sgt. Paul Thompson. “She was sleeping when the SUV struck her house on Friday morning. When she woke, she discovered bricks, glass and debris in her kitchen and a clear view to the outside.”

The gaping hole in the wall of her home, according to the Indianapolis Fire Department, was caused by a hit and run driver. The car struck a tree in her yard and then hit her house. Firefighters say had it not been for the tree, and had it not been a brick house, there is a good chance the vehicle would have ended up in Withers' bedroom, where she was sleeping.

Metro police says they believe the car has extensive damage, including airbag deployment and possible injury to the driver.

Update: Police located the driver of the SUV. Read more here.

Originally posted at The Legal Examiner by Chrissie Cole

Brownsburg Man Arrested In Hit And Run

Chrissie Cole — Thu, 17 Sep 2009 20:59:00 GMT

Kerry C. Payne, 54, of Brownsburg was arrested in conjunction with a hit-and-run accident that seriously injured a man riding a lawn mower this weekend.

Payne was arrested at his home Tuesday and released on a $5,000 bond later the same day. Preliminary charges include leaving the scene of an accident resulting in bodily injury.

Howard N. Burtner, 69, suffered serious injuries in the accident which occurred near County Road 450 North and Stuart Drive. He remains in Wishard Memorial Hospital in Indianapolis. His left leg, to his knee was amputated, according to his wife.

Police patrolling the accident scene found Payne’s black Ford truck, which they say was involved in the accident.

Originally posted at The Legal Examiner by Chrissie Cole

Pain Caused by Drunk Driver Never Goes Away

Fred Schultz — Fri, 07 Aug 2009 11:46:28 GMT

I was really moved by an article in today's paper. Larry Haywood is a victim of a drunk driver who killed his daughter and grandson twenty years ago. This week, he was speaking to a group of 250 people who were on probation for drunk driving, and who were required by the Court as part of their probation to attend Mr. Haywood's presentation.

Mr. Haywood told the room of people that on the night of the crash, his daughter and grandson stopped by so that his grandson could show off his new clothes and school supplies that he'd gotten for his first day of kindergarten. Tragically, they were both killed that night on their way home by a drunk driver who crossed the center line.

“He didn’t get to take that box of crayons to school...He didn’t get to ride that school bus...It don’t always happen to someone else,” Haywood told his captive audience, some with tears spilling down their faces. “My daughter only had four miles to go. Yesterday, 20 years ago, Tina and Eddie were killed. Today is the day we were making funeral arrangements.”

Maybe this article hit home with me because my son is starting kindergarten next week. Maybe it hit home because I've unfortunately represented so many clients who have either been seriously injured or lost a loved one because of a drunk driver. My guess is that it's probably a combination of both.

I applaud Mr. Haywood's courage. It takes a lot to be willing to stand up in front of other people and share such a painful part of his life. After all, every time he tells the story, he relives it. The wound is made fresh all over again.

However, I have no doubt that over the years he has helped many people make better choices with their lives. We can't know how many people he has saved from a similar fate, from suffering such a horrible and unnecessary loss. I'm sure, though, that there are people who leave his presentation and commit themselves to never drinking and driving again. As a result, our community is a little bit safer each time he courageously steps onto that stage and shares how his life was forever changed.

Thank you, Larry Haywood. Thank you.

Originally posted at The Legal Examiner by Fred Schultz

Two Injured In Car Accident on Ind. 32

Chrissie Cole — Thu, 23 Jul 2009 11:19:00 GMT

A single-car accident early Tuesday morning closed down Ind. 32 and sent two twin brothers to the hospital.

Cameron Grimes, 1 6, suffered head injuries and was transported by air ambulance to Methodist Hospital, in Indianapolis, after he drove his vehicle off the road and struck a utility pole.

Zachary Grimes, his brother and passenger, was transported to Ball Memorial Hospital with back pain.

According to Bill Curtis, a Delaware County sheriff deputy, Grimes was traveling east in the 7600 block of East Ind. 32 when he allegedly fell asleep at the wheel and crashed the car.

Both teens were not wearing a seat belt at the time of the crash, Curtis said.

For more information on car accidents, please refer to our Automobile Accident Help Center, where you will find several helpful articles about accident prevention and more.

Originally posted at The Legal Examiner by Chrissie Cole

Owen County Car Crash a Reminder of the need to Drive Safely

Fred Schultz — Mon, 20 Jul 2009 13:18:03 GMT

An early morning car crash in Owen County is a stark reminder of the need for all of us to be careful while driving. According to the Herald Times, two vehicles were involved in a collision where one of the vehicles was going too fast. One person was killed and another was life-lined to Indianapolis for urgent medical treatment.

The accident was reported at 2:57 a.m. at the intersection of Millgrove and Quincy roads, according to the Owen County Sheriff’s Office. When emergency personnel arrived on the scene, one car was found inverted off the road. Inside were two men still restrained in their seats.

The report did not indicate whether alcohol was a factor, or whether one of the driver's fell asleep at the wheel. Given the early morning hour of this crash, those are things that police officers will likely look into.

In 2008, over 34,000 people were killed on America's roads and highways as a result of motor vehicle collisions. That averages out to over 93 people who are killed every day in car crashes. While its unrealistic to think we can do away with all traffic accidents, there are some things we can do to improve the chances that we are not involved in a serious crash.

Simple reminders to not use excessive speed, wear your seatbelts, and never - ever drink and drive really do make a difference. We cannot control how someone else will drive, but we can control our own actions. Make sure that everything you do while behind the wheel puts safety first.

Originally posted at The Legal Examiner by Fred Schultz