by admin | May 5, 2015 | Legal Matters Discussed, Motorcycle Accidents, Personal Injury, Safety, Wrongful Death
May is Motorcycle Safety Awareness Month!
According to the National Highway Traffic Safety Administration, motorcycles account for 15 percent of traffic accidents resulting in death, despite motorcycles only accounting for 3 percent of all registered vehicles and only traveling less than 1 percent of all miles on the road. These statistics, however, do not report the number of personal injuries motorcycle riders experience each and every year.
The reasons for more fatalities directly correlate to why a motorcycle is fun to ride – not being enclosed in a vehicle while the wind blows across your face or through your hair. Motorcycles also are harder to see because they simply do not take up the same amount of space a traditional car does, so other motorists do not see motorcyclists as well.
Even though not required by Indiana state law, if you do wear a helmet, make sure you consider the fit, whether it has adjustable pads , facial coverage, and good ventilation. In addition, make sure it has the “DOT” (Department of Transportation) label or at least the Snell or American National Standards Institute (ANSI) labels so you know it is certified to meet minimum safety standards. Also consider wearing protective clothing, jackets, and shoes specifically designed for motorcycle use. Not only will you be more protected, you’ll look good also.
If you do have a motorcycle accident or if your loved one suffers a wrongful death while riding, the attorneys at Goodin Abernathy, LLP can sit down with you to discuss your options (contact us by clicking here). Be safe and enjoy motorcycling!
Image courtesy of khunaspix at FreeDigitalPhotos.net
by admin | Apr 24, 2015 | Auto Accidents, Legal Matters Discussed, News & Announcements, Personal Injury, Safety
The U.S. Transportation Secretary Anthony Foxx kicked off the National Distracted Driving Enforcement Campaign across the United States entitled: “U Drive. U Text. U Pay.”
This catchy phrase is simple and to the point when only a financial loss is considered; however, the “Pay” portion also includes the emotional element people go through when involved in a motor vehicle accident. Per statistics from the National Highway Traffic Safety Administration, 10 percent of traffic accidents resulting in death and 18 percent of personal injury traffic accidents were due to distracted driving. 2013 had 244 teenagers lose their life due to distracted driving. The emotional toll that is taken on people injured and their friends and family is impossible to quantify. The guilt the distracted driver will experience and “pay” is also impossible to quantify.
It is important for all of us to put down our cell phones and concentrate on our driving. For adults, it is also important to set a good example for our children and teenagers that a cell phone should not be used while driving, as pretty soon, they will also be behind the wheel as an inexperienced and novice driver.
Be safe and put down the cell phone while driving.
by admin | Apr 9, 2015 | Immigration, Legal Matters Discussed
It looks like good news could be coming for the new immigration plans! In the United States, the legal process has two systems. We have separate state and federal governments. If the states want to sue the federal government they must meet certain requirements under the U.S. Constitution. That is why federal courts are now ruling the state lawsuits filed to block newer immigration programs are “illegal.”
So many people have been waiting for so long for immigration relief. That is why the President’s announcement of the new DAPA program for parents of US Citizens and Legal Permanent Residents, and the expansion of DACA was so exciting for many of us. However, that excitement has been on hold since February when a Federal Court Judge in Texas put the program on hold while a lawsuit filed by several States, including Indiana, works its way through the courts. The US Department of Justice has appealed the decision to halt the program to the Fifth Circuit Court of Appeals. The Department of Justice argues, among other things, that the States who brought the lawsuit lack “standing” to bring such a claim. In simple terms, they challenge that the States have the right to bring such a lawsuit against the Federal government under the US Constitution. We will have to wait and see what the Appeals Court judges decide, but a decision issued on April 7, 2015 by the Fifth Circuit Court of Appeals gives us an idea of what might happen in the DAPA case.
The decision addressed whether the lawsuit brought by the State of Mississippi against the original 2012 DACA program lacks “standing.” The Court of Appeals found that Mississippi couldn’t bring such a case because the state failed to show that it would suffer harm if the program were implemented. The court held that based on the evidence presented any injury to the state was “purely speculative.” The court stated that in order to be able to move forward with its case Mississippi needed to show that it would have suffered an injury “fairly traceable” to DACA—instead Mississippi presented evidence that it incurs costs providing social benefits to—in the courts words—“illegal immigrants.” In other words, Mississippi couldn’t show that the DACA program would cause the state any increased burden or costs over and above the costs that immigration already places on the state.
The April 7 decision does not change the current status of the DAPA program, but it does offer a preview of the type of analysis the Fifth Circuit will be undertaking in that case later this month. For now we wait –the Fifth Circuit is set to hear oral arguments in the DAPA case next week—April 17.
by Jim Browne | Mar 9, 2015 | Legal Matters Discussed, Personal Injury, Safety, Spinal Cord Injury, Traumatic Brain Injury
According to the Consumer Product Safety Commission, more than 200,000 children go to emergency rooms each year in the United States due to injuries associated with the child’s playground equipment. Most of the injuries are due to falling and can result in traumatic brain injury, spinal cord injury, or other broken bones.
The Consumer Product Safety Commission has provided the following Safety Checklist for parents to use to help make sure their children are safe.
1. Make sure surfaces around playground equipment have at least 12 inches of wood chips, mulch, sand, or pea gravel, or are mats made of safety-tested rubber or rubber-like materials.
2. Check that protective surfacing extends at least 6 feet in all directions from play equipment. For swings, be sure surfacing extends, in back and front, twice the height of the suspending bar.
3. Make sure play structures more than 30 inches high are spaced at least 9 feet apart.
4. Check for dangerous hardware, like open “S” hooks or protruding bolt ends.
5. Make sure spaces that could trap children, such as openings in guardrails or between ladder rungs, measure less than 3.5 inches or more than 9 inches.
6. Check for sharp points or edges in equipment.
7. Look out for tripping hazards, like exposed concrete footings, tree stumps, and rocks.
8. Make sure elevated surfaces, like platforms and ramps, have guardrails to prevent falls.
9. Check playgrounds regularly to see that equipment and surfacing are in good condition.
10. Carefully supervise children on playgrounds to make sure they’re safe.
If you see any of these issues at a local park or your child’s school, these conditions should be reported to the appropriate authority so the hazardous condition may be corrected.
If your child has been injured on a playground due to one of these conditions or other conditions, contact Goodin Abernathy, LLP to discuss your options.
Image courtesy of Feelart at FreeDigitalPhotos.net
by Christopher Clark | Mar 7, 2015 | Bicycle Accidents, Legal Matters Discussed, Personal Injury, Safety
The weather is finally turning, and Spring Break is almost here. Both mean children and adults alike will be dusting off their bicycles and riding through our neighborhoods and streets. Bicycling is a fun and healthy activity, but precautions should be taken to avoid personal injury and automobile accidents.
The National Highway Traffic Safety Administration has created the “Roll Model” program. As listed on their website, this if for everyone to adopt advanced bicycle safety.
In this program, being a “Roll Model” means:
• Riding and Driving Focused – never distracted.
• Riding and Driving Prepared – always expect the unexpected.
• Putting Safety First – we never know when a crash will occur, regardless of skill level or age; always wear a bicycle helmet when on a bicycle and a seat belt when in car.
• Following the Rules of the Road — a bicyclist is considered a vehicle on the road with all the rights on the roadway and responsibilities of motorized traffic.
• Expecting law enforcement officers to monitor and address unsafe behaviors between motorists and bicyclists that put bicyclists at risk.
• Sharing the Road – both vehicle drivers (motorist and bicyclist) should look out for one another and show mutual respect.
The website also has pledges that children, youth and parents may take to be good “Roll Models.”
While these precautions are great, if you or a child have been injured in a bicycle accident, please call Goodin Abernathy, LLP to discuss your situation.
Image courtesy of khunaspix at FreeDigitalPhotos.net
by admin | Mar 6, 2015 | Legal Matters Discussed, Personal Injury, Safety, Traumatic Brain Injury, Wrongful Death
Soon high school and college students will be heading off to warmer weather to experience Spring Break. Whether you are going with your child or he or she is going with a group of friends, take the time to discuss safety tips from your own experience. Beyond the issues surrounding binge drinking and partying, consider discussing safety issues involving water, driving, hotels and money. Even if your child may roll their eyes at you or act like they are not paying attention, any information passed could prevent personal injury, traumatic brain injury, a water injury, or even death.
The Girls Fight Back organization has a “Spring Break Safety Tip Sheet”. This sheet provides a lot of tips for safely getting to Spring Break, Hotels, ATM use, Drinking, In the Water, Leaving the Country, and “let’s talk about sex.” If you have a child that is going on Spring Break, consider sharing this list with them, even if they are boys. Knowledge and prevention are powerful. After Spring Break, if your child is injured, contact Goodin Abernathy LLP to discuss your options.
Image courtesy of iosphere at FreeDigitalPhotos.net
by admin | Feb 19, 2015 | Immigration, Legal Matters Discussed
Yesterday Judge Hanen of the Federal Court for the Southern District of Texas in Brownsville, Texas entered an order that has temporarily halted the implementation of the expansion of the DACA (Deferred Action for Childhood Arrivals) program and the new DAPA (Deferred Action for Parental Accountability) program. So the question–
What does this order for families here in Indiana?
Here are five important facts about it:
1. Judge Hanen has not made a final decision in the case-this order delays expansion of the DACA and DAPA programs temporarily while the case against these programs continues in court.
2. Legal experts think there is great possibility that the Federal Court of Appeal will reject the order so that DACA and DAPA programs can move forward.
3. This does not affect people in Indiana who already have their DACA or are in the process of obtaining or renewing their DACA. The US Citizenship and Immigration Services will still be accepting applications for DACA under the requirements announced on June 15, 2012.
4. For people who only qualify under the enlargement of DACA (those older than 31 on June 15, 2012, for example) will have to wait to submit their applications. While the order is in force Judge Hanen, USCIS will not accept applications for the expansion of DACA–these people should stay informed to see when they will be able to submit their applications.
5. Hoosiers who qualify for the new DAPA program (for parents of citizens or residents), the program is also paused; however they should continue gathering evidence and documents to prepare. We hope it will not delay the expected date on which applications for DAPA will be accepted –the end of May.
So, do not despair because of the order, as it’s just a temporary pause in the progress of the DAPA program and the expansion of DACA. We await the resolution of this issue and the beginning of these programs. Meanwhile, keep well-informed.
If you have questions about DACA, expanded DACA or DAPA do not hesitate to contact us!
by Christopher Clark | Feb 11, 2015 | Insurance Bad Faith, Insurance Disputes, Legal Matters Discussed, Personal Injury
A recent Indianapolis Monthly Magazine article by Megan Fernandez tells the story of Kristine Bunch, a Greensburg mother who spent sixteen years in the Indiana Women’s Prison for a crime she did not commit.
In 1996 a Decatur County Jury convicted Kristine of murder and arson for a fire that destroyed Kristine’s home and killed her three-year-old son, Tony.
In 2012, after a long and hard-fought legal battle, Kristine’s conviction was overturned, and she was set free. Kristine has always maintained her innocence, and it was ultimately determined that the science used by fire investigators to convict her was flawed. This same flawed science is still being used by insurance companies to deny claims that are made by their insureds after a fire.
In the Bunch case, fire investigators wrongfully concluded that the fire was started and spread with the use of accelerants. An accelerant can be any flammable liquid spread around and then set on fire. An ATF report entered by the prosecution of Bunch suggested “heavy petroleum distillate,” the most common of which is kerosene. However, as Bunch’s legal team would later discover, years after her conviction, the ATF report was flawed. The investigator made assumptions about certain gas chromatography tests that were taken using carpet and other samples from Bunch’s home, specifically that they contained evidence of accelerant. Kristine’s conviction came four years after the National Fire Protection Agency promulgated its manual known as NFPA 921; yet the State Fire Marshall who testified against Kristine conceded he had never even read it.
One of the many lessons we can take from the Bunch case is that fire investigations can be very complex. After any fire, if there is insurance involved, the insurance company is going to hire a fire investigator to attempt to determine the cause and origin of that fire. In the event the insurance company suspects that the fire was intentionally set, their next step will be to engage an attorney to subject their policyholder to an Examination Under Oath, or (“EUO”). An EUO is basically a deposition that everyone agrees to submit to when they buy an insurance policy. If you don’t submit to the EUO, the insurance company will deny your claim. The job of the insurance company lawyers is to determine if there was a motive to intentionally set a fire. They are going to ask for your tax returns, credit card and bank statements, and many other personal documents. If you refuse to cooperate, they will deny your claim. This is not a process that anyone should submit to without an experienced lawyer in their corner.
Featured image is a copy of an altered ATF lab report analyzing samples from the fire scene became one of the keys to Kristine’s exoneration. (Photo courtesy Kristine Bunch)
If you or someone you know has suffered the agony of losing a loved one or property to a fire, and the insurance company is refusing to pay the claim, you need to hire an experienced fire attorney immediately. An insurance company that refused to pay for damages caused by a fire, without reasonable cause, can be subject to punitive damages. If you have questions about the way your insurance company is handling your fire claim, please contact us for a free consultation.
by admin | Feb 4, 2015 | Bicycle Accidents, Legal Matters Discussed, Personal Injury
About once a week, I hear about a pedestrian struck by a car in Indianapolis. Often these accidents result in personal injury, including traumatic brain injury, broken bones, spinal cord injury, or even death. I often wonder how this happens and whether it is due to driver inattention, cell phone use / texting or road conditions.
Then last night, after dark, in winter, while driving home on a busy street, I saw a person who was dressed head to toe in black with no flashlight or reflective gear to alert drivers to his or her presence, running through traffic. Since I am a runner also, I did recognize a nice running form, once I recovered from the shock of this person not taking basic precautions and running safety measures.
As the weather warms up, please remember as a runner, these rules that will help you avoid personal injury. These tips may also be applied to prevent bicycle injuries, as well.
Follow These Simple Running Safety Rules:
• Wear reflective material before dawn and after dusk. If your running gear does not have running gear, carry a flashlight.
• Run against traffic and stay observant to make sure vehicle drivers see and acknowledge your presence. Do not assume the driver of a vehicle sees you.
• Do NOT use headphones.
• Carry a cell phone or change for a phone call.
• Run in familiar areas and vary your running location. Avoid unpopulated areas, deserted streets, and trails that are not regularly used.
• Use your instincts. If a situation or person gives you unease, do what you need to do to stay safe. This could range from simply leaving an area or calling the police.
Exercise and running are great, but please stay safe.
by admin | Feb 3, 2015 | Employment Law, Legal Matters Discussed
Employer Has Not Paid You – You Have Options
In Indiana, if you are an hourly employee with an agreed upon wage, your employer is obligated to pay you for the hours you work within ten (10) days of the payment period end. For overtime, an Indiana employee is entitled to 1.5 times his or her hourly rate for any of the hours worked past a 40 hour work-week. If an employer does not make these payments, an individual may have what is known as a wage and hour claim.
Indiana has two statutes, the Wage Claims Statute, Indiana Code §22-2-9, and the Wage Payment Statute, Indiana Code §22-2-5. The Wage Claims Statute is for employees that have either been terminated or are in a labor organization dispute. Individuals with a claim under the Wage Claims Statute must first take their claim through the Indiana Department of Labor.
The Wage Payment Statute is for employees who have voluntarily left employment or are still currently employed.
Under both Indiana statutes, an employee is entitled to liquidated damages ranging from 10% to no more than double the amount of wages due and reasonable attorney’s fees. These damages are in addition to the wages owed.
These statutes are designed to pay individuals what they are due. Immigration status does not matter. Justice Boehm, in a concurring Indiana Supreme Court opinion, wrote:
“I write separately to observe that the facts of this case dramatize the point that the statute confers on all employees the right to recover treble damages and attorney’s fees for failure to pay wages, regardless of the employees’ circumstances. This is perfectly understandable as applied to the vast majority of workers who are dependent on their paychecks for their day-to-day expenses. These employees need the money currently, not at the end of protracted litigation, and often do not have the economic staying power to engage in a court battle over relatively small amounts. A statute providing one party with treble damages and attorney’s fees is a very substantial deterrent to an employer’s playing fast and loose with wage obligations. As applied to claims of most workers this is very understandable legislative policy.”
St. Vincent Hosp. & Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699, 706 (Ind. 2002).
If you have worked, but not been paid, please contact the employment attorneys at Goodin Abernathy, LLP to determine if you have a wage and hour claim. Your time and effort is valuable – talk to us to determine your options for recovering your owed and earned wages.
