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Winter Premises Liability in IndianaThough southwestern Indiana has dodged snow so far, temperatures are falling and icy conditions increasing. Wintry conditions inevitably lead to slips and falls, some of which will lead to serious head, neck and back injuries, broken bones, and muscle and ligament tears, strains and sprains.For many who slip and fall, their first emotion is embarrassment and their first instinct is to blame themselves. Also, many premises owners will be quick to claim they cannot be at fault for folks who venture out into wintry conditions and happen to slip and fall. Accordingly, for many guests and premises owners alike there is a perception that a premises owner will not be liable when a guest does slip and fall in wintry conditions. Reaching such a conclusion without consideration of Indiana law and surrounding circumstances could be costly.

Indiana law on the hazards presented by the natural accumulation of snow and ice is clear:

a landlord does have a duty of reasonable care that the common ways and areas, or areas over which he has reserved control, are reasonably fit and that hazards created through a natural accumulation of ice and snow are not beyond the purview of that duty.

While any type of motor vehicle accident can be potentially dangerous for the victims involved, truck accidents can be especially devastating. They often result in serious injuries and/or fatalities. The sheer size of trucks on Indiana roads make these collisions more dangerous overall. However, vehicle size is not the only factor that can contribute to truck accidents.

Issues involving the truck itself are common. The balance of the load can be a major factor in the safe operation of a truck on the highway. Badly loaded or overloaded trucks can overturn, even if a driver is trying his or her best to operate the truck in the midst of traffic. Defective truck parts create potentially disastrous situations for anyone on or near the road.

Even if the truck is properly loaded, driver negligence or recklessness may cause an accident. Truck driver fatigue is a significant concern on Indiana roadways. The use of drugs and/or alcohol is also responsible for a significant number of tragedies.

Safely navigating traffic takes attentiveness and maintaining a safe distance from other vehicles. When traffic is held up or slow and oncoming drivers do not slow down for that traffic in a timely manner, deadly car accidents are an all too common result. A recent crash on an Indiana Interstate left one child dead and her mom and a baby sibling seriously injured.

Around 1:30 p.m. on Oct. 10, the driver of a pickup truck did not slow down for the traffic on Interstate 70. It struck a car with a 29-year-old mother and her two children inside. Tragically, the crash killed the 3-year-old toddler.

The mother and her surviving 1-year-old baby were airlifted to an area hospital. They were reported to be in critical condition. In all, the crash involved four vehicles, but there was no word as to any other injuries or if the driver who appears to have caused the crash would be cited or charged.

In a previous post we provided tips regarding how someone might avoid being bitten by a dog. Specifically that post focused on keeping children safe. Unfortunately, even in situations where someone follows those tips dog bites will occur. When they do happen it is important to know what steps to take.

The treatment a dog bite will require depends on its severity. Superficial gashes or scrapes can be treated with a topical antibiotic and bandaged after being cleaned under running water and with either isopropyl alcohol or hydrogen peroxide.

Puncture wounds are generally more serious. If the wound is bleeding profusely and will not stop with direct pressure 911 should be called. In other situations it is okay to let it bleed a bit as it will clean the wound out. When it stops bleeding, running water and a mild soap can be used to clean it. Isopropyl alcohol and hydrogen peroxide are generally not needed as they may make it take longer for the wound to heal. A bandage is optional.

When a family loses a loved one in a tragic or sudden manner due to the negligent or reckless actions of another, the last thing that family may be thinking about is legal action. However, Indiana families may want to understand that while the pursuit of a wrongful death suit may come at a very sensitive or emotional time, it may be a necessary pursuit so that a family can move forward. When the pursuit of a wrongful death suit is necessary, having legal support who understands the sensitive nature of the case is also necessary, along with legal support who can effectively explain the process and when a wrongful death suit may be appropriate.

While there are endless scenarios that may warrant a wrongful death suit, there are some situations that are more common. Car accident deaths are one of the most common. However, wrongful death can be the result of nursing home neglect or abuse. Construction and industrial sites can also be the catalyst to a wrongful death situation. Accidents on someone’s personal property and dangerous products can also cause the wrongful death of a loved one.

The possible compensation garnered from a wrongful death suit can be beyond useful for a grieving family. That compensation may be necessary as the family could be left to deal with a mountain of medical bills. Also, the costs related to unexpected funeral expenses and the impact of lost income can all be alleviated with a wrongful death suit.

When someone runs a stop sign and a collision occurs, the results can be devastating, even deadly. This very dangerous scenario recently led a car accident at an Indiana intersection. Car accidents of this nature can lead to legal action, both criminal and civil, particularly when alcohol plays a role in why the accident occurred.

The accident occurred on a Wednesday evening as a 44-year-old woman was driving her Tahoe north. A 37-year-old man was driving west and ran a stop sign. He hit the Tahoe on the passenger side, and both vehicles ended up leaving the roadway and coming to a rest in a field. Police think the Tahoe may have rolled over.

A 10-year-old girl who was a passenger in the Tahoe died at the scene of the accident. The woman driving the Tahoe was flown from the scene for treatment of injuries she sustained. The driver who presumably caused the crash was also flown from the scene for treatment. Police have stated that alcohol played a role in the car accident.

When traffic is stopped in lanes of the road for any length of time, extra awareness by all drivers on the road is required. Car accidents may result if just one driver is unaware of stopped traffic or unable to slow down in time. A similar situation recently unfolded on an Indiana highway and caused a road closure, along with injuries to a driver who was stopped in traffic.

The car accident happened as traffic was stopped by a construction zone for an unknown reason. A dump truck came along and could not stop in time. It collided with a car that was stopped. The car was then propelled into another vehicle. Debris from the collisions hit yet another vehicle, causing further damage.

The driver of the first car hit was injured. That driver needed to be taken from the scene by air for medical attention. The nature and extent of the injuries suffered were not reported. No one else was injured in the multi-vehicle collision.

Spring has sprung in Indiana, and few are more excited about the nice weather than motorcyclists are. That bike may have sat idly in the garage all winter, but it’s time to get out and ride.

Living in a state with cold winters isn’t just an inconvenience for motorcyclists. It also makes the riding season more dangerous. Some motorcyclists get out of practice, and just as importantly, drivers of cars and trucks forget to keep an eye out for riders that they haven’t seen all winter. The National Highway Traffic Safety Administration notes that across the United States, 62 percent of fatal motorcycle accidents occur between May and September.

Perhaps it is fitting, then, that May has been designated Motorcycle Safety and Awareness Month in Indiana and other states. Various events and educational campaigns will be held throughout the month to prepare all motorists for the months ahead.

I’m looking forward to seeing what my son thinks up for his “Trick or Treat” negotiations this year.  Here is a look back to some thoughts from last year.

On Halloween otherwise fiscally responsible and sensible adults spend oodles of money and countless hours to costume their children and let them visit the homes of neighbors and strangers alike, knowing a hardball negotiation will ensue with the youngster proclaiming, “Trick or Treat.” Most homeowners will relent, tossing a treat into the child’s bucket or bag, with the toughest response to the demand being the question, “And who are you supposed to be?” Some reluctant children may stand, stone-faced waiting for candy before being prompted by their parents with, “What do you say?” Homeowners who dare reject the offer or fail to arm themselves with sufficient authority, er candy, face the possibility of a trick or, more likely, a sad, dejected face.

Frankly, I have yet to hear anyone say to a child, “You are not going to do anything if I don’t give you candy. Now go away.” I am sure, however, that someone somewhere has directly called a ghost, ghoul or goblin’s bluff.

While any kind of collision can lead to damages and injuries for drivers and passengers, a head-on car accident can be particularly devastating for victims. Car accidents on Indiana roadways which lead to injuries or worse can lead to criminal charges and also civil suits as victims need to seek compensation after a crash. One recent car accident in Indiana led to injuries for both drivers and the crash remains under investigation.

The car accident occurred on a Thursday afternoon as one car was driving west. The 36-year-old woman was driving a Buick westward when she went across the center line for some reason. Her Buick then collided with a Volkswagen Jetta driven by a 27-year-old man. The cars collided head-on.

The driver of the Volkswagen Jetta was flown to an area hospital for treatment of injuries. The other driver was taken to another hospital for treatment. The driver who was flown from the scene was said to be critical condition. The accident is under investigation as authorities try to understand what caused the accident.

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