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What Wrongful Death Types Are There in Indiana?

Like every other state, Indiana has its state laws that dictate wrongful death claims. Wrongful death, according to Indiana’s wrongful death statute, is defined as a situation in which the death happened (or was caused) by the wrongful act or neglect of another person.

Wrongful death claim

The easiest way to explain this claim is to see the wrongful death claim as a personal injury claim only, in this case, the injured person has died. Since this person is dead, they cannot be the plaintiff, so the estate of the deceased person can seek claims and establish liability on the part of the defendant whose negligent actions caused the death.

A wrongful death claim is a civil lawsuit and is filed by the estate directly, and that fault is expressed only in terms of civil damages. There are cases where criminal charges may be filed by the state based on the same events. Let’s say the death was caused by a car accident in which the driver who caused it was intoxicated. The state will then file criminal charges against the driver (under Indiana’s vehicular manslaughter law). But, the criminal case is a separate claim from any wrongful death claim. To collect damages for negligence, the estate should first file a wrongful death case, even if a criminal case is already proceeding.

Can you file a wrongful death claim in Indiana?

In this state, the wrongful death claim must be filed by the personal representative of the deceased person’s estate. The damages may be given to the dead person’s spouse, children, or other dependents. If there is more than one person who is eligible to collect the damages in a wrongful death case, the court will determine how to split up the total damages award.

If the wrongful death claim involves the death of a child, the claim must be filed by one (or both) parents. In case the parents are divorced, the claim must be filed by the parent who had legal custody of the child. If the parents are dead or their parental rights have been ended, the case must be filed by the child’s legal guardian.

Statute limitations for filing a wrongful death claim in Indiana

A wrongful death claim in Indiana has a time limit of only two years of the date the death occurred. If the claim is not filed within the two years time limit, the court will not accept to hear the matter. The surviving family members are at risk of losing a great chance to seek the damages for the wrongful death of their loved one.

The time limit remains the same even if the case involves the death of a child or if a criminal law case is occurring at the same time.

Wrongful death case damages in Indiana 

The fault in a wrongful death case is expressed in terms of civil damages, that should compensate the surviving family members for death-related losses. Indiana has specific rules about what types of damages may be collected in a wrongful death case and the available amounts.

Indiana lets the deceased person’s estate (spouse and children) to collect the damages if liability is established in a wrongful death case. Here are the options:

  • funeral and burial costs
  • medical and hospital costs
  • lost wages and benefits the dead would probably have earned if they had lived
  • costs of proceeding the wrongful death lawsuit.

Indiana does not allow paying of wrongful death lawsuit damages based on “grief” experienced by surviving family members. The claims for an Indiana wrongful death case are limited to $300,000.

Damages for hospital medical, funeral, and burial costs must be paid directly to the estate. The estate is responsible for using the money to pay any medical, hospital, funeral, or burial expenses. Claims for lost wages are divided among the surviving spouse and children.

If the wrongful death case is about a child, the parents may get damages for medical expenses, hospital, funeral, and the costs of pursuing the wrongful death case claims for the loss of the child’s services, love, and companionship. Parents may also demand damages for the costs of counseling (their own or of the siblings) after the death.

If you have lost a loved one in a wrongful death case, you can begin the process of getting your wrongful death compensation claim. Call our office today and schedule your initial consultation with our wrongful death attorneys. We are expecting you.

The Most Neglected Injury in Auto and Trucking Crashes

Having practiced in the area of personal injury law in Indiana for over 35 years, I have seen one injury that is typically missed by a lot of attorneys. The symptoms can be subtle, but persistent and can have profound effects for the injured down the road. You must have patience and persistence to fully ascertain this injury and get treated with the right doctors and medical professionals that understand this injury and its effects. What is this injury? It is a TBI or a traumatic brain injury. 

What is the medical definition of a TBI? TBI is defined as an alteration in brain function, or other evidence of brain pathology, caused by an external force. Alteration in brain function is defined as one of the following clinical signs:

1) any period of loss of consciousness or a decreased loss of consciousness; 2) Any loss of memory for events immediately before or after an injury; 3) neurological deficits such as weakness, loss of balance, change in vision, sensory loss, dizziness, headaches: 4) Any alteration in mental state at the time of injury (confusion, disorientation, slowed thinking). There can be subtle changes in attention, memory, cognitive functioning, speech and language, and personality. These wide-ranging physical and psychological effects may appear immediately after a crash or appear days or weeks later. One can have normal testing from a CAT Scan and still have a TBI. A TBI can be caused by a blow to the head or even a jolt to the head. The brain hitting the sides of the skull in a hyperextension and hyperflexion movement can cause a TBI. A concussion can be a sign of a TBI also. Post-concussive symptoms must be monitored for months to see if they subside or continue. A personal injury lawyer cannot be in a rush to settle these TBI cases.

Often a person with TBI experiences changes in their thinking skills. There can be problems with memory, reasoning, judgment, concentration that were not there before. A person with a TBI can have communication problems including difficulty understanding speech or writing, inability to organize thoughts and ideas, difficulty in speaking or writing and trouble engaging in conversation.  There can be behavior and emotional changes including personality changes, difficulty in self-control, mood swings, anger, depression, and irritability. There can be sensory changes including persistent ringing in the ears, trouble with balance or dizziness, double vision and impaired eye-hand coordination. 

Countless people suffer these injuries from automobile and trucking crashes and may not even know it. An experienced car accident lawyer in Indiana must look for these symptoms and get his client the right medical treatment. Often these injuries can be permanent and cause life-changing alterations for the injured. If these are injuries are missed, this will significantly decrease the value of your personal injury claim. Insurance companies continue to downplay these injuries and question their validity. They do not want to pay the true value of these claims. If an attorney misses these injuries and is not trained to look for them, he or she is doing a serious disservice to their clients. 

If you have been injured in an auto or truck crash and think you may have a TBI, it is important you see an experienced personal injury lawyer that is thoroughly familiar with these type of injuries and can fight for fair compensation. At Rowe and Hamilton, we know the devastating effects a TBI can have on you and your family. Please call Timothy Rowe if you have been in an accident and think you may have a TBI so that we help you get fair and reasonable compensation for your injuries.   

What Kind of Out of Pocket Expenses Will You Have in Your Car Accident Case?

Most people can go all their lives and not have to worry about getting into a car accident. For some of us, we’re not that lucky. You could get into a fender bender on the way to work. Or someone may rear-end you on the way home from the mall.

If this happens to you, chances are, you won’t know what you’re supposed to do. You know you’ll have to exchange insurance information. At some point, you’ll have to file an insurance claim. The question is simply whose insurance company will have to cover your damages.

The problem with any car accident case is that there will be a long time between the time of your crash and the day your claim is paid. It could be weeks or it could be months. If your claim is denied outright, it could be years before you see a dime.

In the meantime, you’re going to have to worry about all sorts of expenses. Odds are, you’ll have to cover a lot of these out of your own pocket. It’s really important that you keep track of these. Make sure you have all of your receipts. You’re going to have to turn all of these over to your Indianapolis car accident lawyer.

Car Rental Expenses

Some people think that, if their car gets wrecked in an accident, their insurance company will provide a rental car. To some extent, this is true. Your insurance company will usually offer to pay for a rental car for a certain period of time.

What a lot of people don’t realize is that there’s a good chance it’ll only cover certain types of cars. If you were used to driving a luxury SUV, odds are, your insurance company won’t pay for you to rent a luxury SUV.

If you want to rent a car comparable to what you had before, you may have to pay a portion of this yourself. For example, the insurance company may cover up to $27 dollars a day for a car rental. Most SUV cost more than this to rent. So, if you choose a car that costs $54 a day, you’ll have to pay the difference of $27 per day.

Your insurance company is also only going to cover a certain maximum amount of car rental fees. They may say they’ll pay up to $150 total. This means that, after 5-6 days, you’ll be on your own for covering car rental expenses. 

It’s important that you keep documentation of all of these things. It will add up. Your Indianapolis car accident attorney can submit this as evidence of your damages.

You May Have to Pay Some Medical Bills

While your insurance company is still sorting out your claim, you may be responsible for some of your medical bills. You may be required to pay co-pays and prescription costs. This may not sound like a lot of money. However, they add up quickly. This is especially true if you have to pay a portion of your ambulance bill or emergency room visit.

You might require certain medical equipment. You may need a wheelchair or crutches. These things cost money. If your insurance company doesn’t cover 100% of these costs, you’ll be footing the bill. Again, it’s important that you keep records of all of these things. It’s a good idea to take pictures of each piece of equipment and attach it to the bill so your car accident lawyer in Indianapolis can explain it to a jury.

You Will Probably Have Car Repairs

If you have to pay to get your car fixed, the insurance company will more than likely cover it. Even if the other driver is held responsible, your insurance company will demand that the defendant’s insurance company reimburse them.

At a minimum, however, you will have to pay your deductible. A common deductible amount in this kind of situation is about $500-$1,000. It all depends on what you signed up for when you got your policy.

Contact an Experienced Car Accident Lawyer in Indianapolis

If you get into a car crash – even a minor one – you’ll have to pay for some things out of your own pocket. The defendant should be held responsible for these expenses. This is why you should keep receipts and all documentation.

Your Indianapolis car accident lawyer will work hard to get you compensation for all of these things. That’s why you should call and schedule your free initial consultation today.

Can You Still File a Claim if the Car That Hit You Wasn’t Inspected?

You’d be surprised at how many people forget to car their car inspected in time. Some of the most common tickets are given out for expired registration and expired inspection stickers. So it makes sense that people worry their insurance won’t cover their accident if their car wasn’t inspected.

If you’re the victim in a car accident, the last thing you want to hear is that your claim won’t be covered. So when you find out that other driver didn’t get their car inspected as required, you may worry. You’ll be afraid their insurance won’t cover your claim because the vehicle wasn’t inspected. 

Every state has their own laws about how often a car needs to be inspected. It depends on how old your car is. Newer cars can go several years without having to be inspected. Older cars need to be inspected every couple of years.

Indianapolis wants to make sure the cars their citizens are driving are safe. One way to do this is to have them inspected periodically. They’re tested for emissions and for safety. They don’t want people on the road if their vehicles aren’t fit for driving.

If the car that hits you had an expired inspection sticker, you should still be able to file your claim against their insurance. You need to call and meet with an experienced car accident lawyer in Indianapolis to be sure.

What is the Law in Indiana for Vehicle Inspections?

The law in Indiana is similar to most other states when it comes to vehicle inspection requirements. If you don’t follow these rules, you can be pulled over, issued citations and fines.

In Indiana, the following rules apply for registration and inspection:

  • All new residents must register their car within sixty (60) days
  • All cars manufactured in 1976 or later must have their emissions tested every two (2) years
  • If your car was made in an even year, you must get it inspected in even years. If it was made in an odd year, you have to get it inspected in an odd year.

There are some exemptions for certain types of vehicles. These exemptionsinclude:

  • If your car is 4 years old or newer, you don’t have to get it inspected
  • If you drive a car that runs on diesel or is electric, it doesn’t have to be inspected
  • Cars manufactured in 1975 or earlier don’t need to be inspected
  • Motorcycles are exempt
  • Recreational vehicles and show cars are also exempt

If someone doesn’t get their car inspected, it’s for one of two reasons. Either they just didn’t get around to doing it. Or, the car failed for mechanical issues. If it’s the latter, there could be issues when it comes to an accident claim.

How Does a Failed Inspection Affect Your Accident Claim?

If a car wasn’t inspected because the owner forgot (or procrastinated) getting it done, it will not impact your accident claim. However, if the other driver’s car failed inspection, due to a mechanical issue, it could impact your claim.

The other driver’s car may have failed inspection for the following reasons:

  • The brakes need to be replaced
  • A light is out
  • The emissions are off which means that could be an engine problem

Any of these things can cause an accident. If the insurance company determines that their insured could’ve avoided the accident by getting the car fixed, they may deny your claim. If this happens, your car accident lawyer in Indianapolis will have no choice but to file a personal injury lawsuit against the driver.

Can You Sue the Driver Personally?

There’s no reason why you can’t sue the driver personally. The problem is, you may not want to. It’s a lot easier to get money from an insurance company than it is a person. If a person has no assets, there’s not much you can do to collect on your judgment.

In order to collect on your judgment, the defendant has to have property, other assets or an income. If they don’t work or don’t own any property, your judgment may be worthless. You could have a judgment that isn’t worth the paper it’s printed on.

It’s a good idea to meet with an experienced car accident attorney in Indiana before you do anything. Your lawyer can review your case and let you know what it may be worth. They can also let you know if your case has any merit.

What are the Most Common Traffic Violations in Indianapolis that Lead to Accidents?

When it comes to car accidents, they’re usually caused by traffic violations. Most of these could have been prevented. It’s because drivers aren’t careful that they get into crashes. If they just followed the basic traffic laws in Indianapolis, the roads would be a much safer place.

Indianapolis car accident lawyers handle dozens of these cases every year. Most of their clients are victims of negligence. They were hurt because some other driver chose to ignore the basic care due to other drivers.

If your car accident attorney in Indiana can prove the other driver was committing a traffic violation at the time of the crash, it’ll help. They can use this to show the other driver was responsible for the accident.

While proof of a traffic violation helps prove fault, it isn’t the only thing used to determine liability. For example, someone can be going 5 miles over the speed limit. That doesn’t mean they’re automatically liable for an accident. The other driver could’ve been doing something much more irresponsible.

However, if you can prove the defendant was convicted of a traffic violation, it may go a long toward proving fault. Your Indiana car accident lawyer will certainly use it to their advantage. Here are some of the more common traffic violations in Indianapolis that lead to car accidents.

Drinking and Driving – DUI

One of the leading causes of traffic fatalities in Indiana is drinking and driving. This includes people who are under the influence of drugs at the time of their accident. Clearly, it’s against the law to operate a vehicle while under the influence of drugs or alcohol.

When people choose to get behind the wheel after drinking or getting high, they put others at risk. There’s no justification for this. They could’ve called for an Uber or Lyft. Instead, they decided to act irresponsibly.

If you’re the victim in an accident caused by DUI, you should have a good chance at winning your case. Once your Indianapolis auto accident lawyer submits proof of the defendant’s DUI, it won’t be difficult to prove fault.

Reckless Driving

Similar to drinking and driving, people guilty of reckless drivinginjure and kill thousands of people every year. Reckless driving involves operating a vehicle with willful disregard for other motorists.

Some examples of reckless driving include:

  • Going more than 25 miles over the speed limit
  • Tailgating
  • Illegal Passing
  • Driving the wrong way down a one-way street
  • passing on a curve
  • using the opposing traffic lanes to pass drivers
  • weaving in and out of traffic
  • Driving on the shoulder

If the defendant in your case did any of these things, your lawyer will point it out in court. If a traffic citation was issued, the other driver’s insurance company will know it. They may be more likely to settle your claim in these situations.

Speeding

There are posted speed limits on every road in this country. If you’re on a major highway, the limit is usually between 55 and 65 mph. In Indiana, this limit ranges anywhere from 45 to 70 mph – it depends on what road you’re on.

The legal speeding limitsfor highways in Indianapolis are as follows:

  • Minimum speed limit of 45 mph
  • 70 mph for rural highways
  • 65 mph for 4-lane divided highways
  • 55 mph for all other highways

If someone exceeds these speed limits, they are breaking the law. They’ll be issued a citation at the scene of the accident. The problem is, since the cops weren’t there at the time of the crash, there’s no way to prove they were speeding.

Accident recreation specialists can help determine how fast the cars were going at the time of the crash. Some cars even have computer programs that have this information records. Finally, there may be cameras that captured the car immediately before or during the accident.

Contact an Experienced Car Accident Lawyers in Indianapolis

If you’ve been hurt in any sort of car accident, you should call an experienced car accident lawyer in Indianapolis. They can review your case and let you know if you have a valid claim. They can also let you know what your case may be worth.

You can call today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. The other driver will have lawyers working for them and you should too.

Who Can I Pursue if I’m Hit by a Drunk Driver in Indianapolis?

Some of the most dangerous accidents involve a drunk driver. They go to a bar or house party, drink, and then get behind the wheel. They have no regard for the other drivers on the road. They’re irresponsible and need to be held accountable for any consequences that result from their bad decision making. Your Indianapolis car accident lawyer will make sure they are.

Some of the injuries involved in a drunk driving accident include:

  • Traumatic brain injuries
  • Internal injuries
  • Broken bones
  • Burns
  • Spinal cord injuries
  • Neck and back injuries
  • Facial disfigurement
  • Permanent disability

When someone drinks and then get behind the wheel, they are ultimately responsible for any injuries they cause. However, they aren’t the only ones who should be held accountable. There are a lot of cases in which there are other people who need to be named in your lawsuit.

Your car accident attorney Indianapolis will make sure all of these parties are named as defendants. They will have to do to this when you file your suit because you won’t be able to add them later on.

What Other Parties May Be Held Liable for Your Drunk Driving Accident?

Automobile accidents happen every day. Most of them are due to negligence. For example, if someone is texting and driving, they may end up in a car crash. Or, they could be speeding and lose control of their car. In these cases, the other driver don’t intentionally set out to hurt other people.

In drunk driving accidents, things are a little different. Everybody knows the repercussions of drinking and driving. Indiana car accident lawyers see these cases all the time. They are frustrating because they’re 100% preventable.

When someone decides to drink, they usually do it at a bar, club, casino or house party. Very few people sit home alone and drink and then decide to get behind the wheel. And, although the bartenders and club owners didn’t force him to drink to excess, they had a hand in his drinking and driving.

Some of the people who may be held responsible for your drunk driving accident include:

  • The bar, club or restaurant owner
  • Valet company who allowed the other driver to get behind the wheel
  • The driver
  • His insurance company
  • The people who hosted the party where he was drinking
  • The package goods store where he purchased the alcohol

Keep in mind, not all of these people will be held responsible. In fact, it may be very difficult if not impossible for your car accident lawyer to prove that any of these people were responsible. He’ll have to show that these other parties were negligent in over-serving the drunk driver.

How Will Your Indianapolis Car Accident Lawyer Prove Causation?

When accidents occur due to drinking and driving, it’s important that you prove the defendant was responsible for the accident. A lot of people think this is automatic or easy in a drunk driving accident. This isn’t always the case.

Yes, it may be obvious to most people that the drunk driver caused the accident. However, you still have to prove it. You also have to prove that the other parties were negligent in order to recover.

Your lawyer will use the following tactics to prove that these other parties are responsible for your medical bills and other damages:

  • Videos of the bouncers or bartenders telling the driver he’s had too much
  • Receipts showing how many drinks a patron was served
  • Witness statements about how the driver was behaving at the bar or club
  • Statements from the driver himself
  • Testimony by the bartender or serve about the defendant’s condition when he left their bar or club
  • Posts on social media showing that the driver was drunk or partying prior to the accident
  • The police report
  • Proof of a DUI conviction in court

Obviously, your lawyer isn’t going to need or want to use all of this evidence. Every case is different.

Contact a Car Accident Lawyer in Indianapolis Today

If you or a loved one have been injured in a drunk driving accident, you need to contact a car accident lawyer in Indianapolis today. He can make sure the responsible parties are held accountable for your injuries.

Call and schedule your free initial consultation today. You can sit down with an experienced lawyer and ask any questions you may have. Your lawyer can also review your case and see what it may be worth.

Facts & Myths About Indianapolis Auto Accidents

When it comes to recovering compensation after Indianapolis auto accidents occur, there are multiple facts and myths that you need to be aware of. Having the facts will ensure that you know what to do and how everything works. Dispelling the myths will ensure that you don’t make the most common mistakes that victims of Indianapolis auto accidents frequently make. Today, we’ll take a look at both, so that you can be in the best position after an auto accident occurs.

Fact: The Immediate Steps After an Indiana Auto Accident Are the Same Everywhere

No matter what town, state, or even country your auto accident occurs in, you must follow the same steps in the immediate aftermath. This means checking everyone for injuries, contacting the police and emergency medical care, exchanging insurance information, and gathering evidence. When gathering evidence, take photographs of all injuries, of the property damage and vehicle position, and any relevant road conditions or signs. You should also gather the contact information of any witnesses, and get a copy of the police report.

Fact: Indianapolis Auto Accidents Are Subject to a Modified Comparative Negligence Rule

Not all states have the same rules concerning legal liability for auto accident damages. In Indianapolis, Indiana, the modified comparative negligence rule is used. This means that if you are 51% at fault for the incident, or greater, then you cannot recover compensation for your damages. However, if you are less than 51% at fault, then you can recover compensation for your damages with your percentage of fault deducted from the value of those damages. Thus, if you have $1,000 in damages, but you are 30% at fault, then you can recover 70% of your damages, or $700.

Fact: All Indianapolis, Indiana, Drivers Are Required to Carry Liability Coverage

Because Indiana is an at-fault state when it comes to auto insurance and accident claims, you are required to carry liability coverage on your auto insurance policy. The required minimums of liability coverage are $25,000 for bodily injury or death per person, $50,000 for bodily injury or death per accident, and $10,000 for property damage per accident. You can also purchase uninsured/underinsured motorist coverage, which will be there for you if the at-fault driver doesn’t have auto insurance or doesn’t have adequate coverage for your damages. It is very important to have uninsured and underinsured coverage on your policy with sufficient limits. Also medical payments coverage is cheap as far as cost but very important to have on your policy also.  

Fact: Most Indianapolis Auto Accident Claims Are Resolved via Settlement

While some auto accident claims will end up in court, the majority will be settled outside of the courtroom. This is because lawsuits are expensive for both sides, and the auto insurance company is just as motivated to save the time and money as you are by settling the claim out of court. Having said that, the auto insurance company may not offer a fair settlement right away, and they are more likely to take your claim seriously once you have an attorney negotiating for your best interests.

These facts will get you started in the right direction, but it is equally important to dispel the common myths that could prevent you from successfully obtaining a fair auto accident claim settlement.

Myth: You Have Plenty of Time to Pursue Your Indianapolis, Indiana, Auto Accident Claim

The mistake of not realizing that there is a time limit for pursuing an auto accident claim in Indianapolis, Indiana, could prevent you from recovering any compensation at all. It is therefore important to be aware of the statute of limitations, which is your deadline for filing a personal injury claim. In Indiana, the statute of limitations on all personal injury claims, including Indianapolis auto accidents, is two years from the date of the incident, injury, or death of the auto accident victim. If you fail to file your claim within this period of time, you will not be able to pursue a claim at all.

Myth: The Auto Insurance Company is There to Help You Get Fair Compensation

It is understandable why so many people fall for the common misconception that the auto insurance company is on their side. The auto insurance claims adjuster will likely contact you soon after the injury. They will speak to you with respect, consideration, and empathy. They will tell you what your injuries and damages are worth and offer what sounds like a reasonable settlement. Unfortunately, if you fall for this and sign off a settlement agreement, there is nothing you can do to go back on it later. There is also a very good chance that you’ll regret it when you find out that your actual medical expenses, lost wages, property damage, and pain and suffering were worth much more than you realized. We recommend that you avoid signing anything or even discussing the claim with the insurance claims adjuster without first talking to an Indianapolis auto accident attorney.

Myth: It Costs Too Much to Hire an Auto Accident Attorney to Help With Your Claim

Another very common myth is that you cannot afford an auto accident attorney because it costs too much. The reality is that the majority of Indianapolis auto accidents are handled by attorneys who work on a contingency fee basis, meaning that they don’t get paid unless they help you to recover compensation. Then, the lawyer takes their fee from the settlement or favorable judgment (if the case goes to court). Even after the attorney takes their fee, you are still likely to end up with far more compensation with the benefit of legal representation than you would without an attorney.

In many cases, the auto insurance company will not take you seriously until they see that you have skilled legal representation. Further, your attorney will ensure that you don’t miss any deadlines, that all necessary evidence is collected, and that your case is handled appropriately every step of the way. Learn more about how a lawyer can help you get fair compensation after an auto accident by contacting the Indianapolis, Indiana, auto accident attorneys at Rowe & Hamilton Attorneys at Law.

 

Is Your Child’s Car Seat Making Your Child Safer?

Car accidents are one way in which a frightening amount of children are injured or killed every year. For some of these children, A child car safety seat could have reduced the a car safety seat or booster seat could have reduced the severity of their injuries – or even saved the child’s life. But to be of any benefit, the child safety seat must be properly installed. Continue reading to learn how you can protect your child’s life in a car accident by taking the simple preventative measure of using a car safety seat.

 

Child Passenger Safety Statistics

The numbers show a clear cautioning for Indianapolis parents: if your young children do not ride in a car in an appropriate car seat, they are at risk of serious injury or death. Contemplate these findings from the Centers for Disease Control and Prevention:

  • 638 children ages 12 years and younger died in car accidents nationwide and over 125,000 were injured, in one recent year alone.
  • Those that were killed, almost 4%—4 out of 10 children—were not adequately secured in a car safety seat.
  • Annually, it is predicted that more than 600,000 children are passengers in a car without a child safety seat or booster seat.
  • One study found that over 70% of almost 3,500 observed car safety seats and booster seats were not setup correctly and elevated a child’s risk of injury during a crash.

As a parent, in order to protect your child from the unknown and unpreventable, you take certain precautions. If you child appears feverish or ill, the doctor is consulted, and if he or she feels threatened or scared you most likely have safety plans. Having your child ride in an approved and properly installed car seat or booster seat should also be a priority of concerned parents.

 

Indiana Child Car Seat Law

Indiana laws command the use of seat belts and approved car seats for children. While traveling in a car or other vehicle, all children from birth to eight years of age must be secured in a car seat or booster seat, according to Indiana law. The car seat should be properly installed to maximize the safety benefits to the child and must be appropriate for the age and size of the child. The child must wear a seatbelt if he or she it too big for a car seat or booster seat. All children ages eight years old to 16 years old must wear a seatbelt while in a moving vehicle. Additionally, children 12 years old and younger must sit in the rear of a vehicle’s passenger compartment.

A child under 20 pounds must use a rear-facing child car safety seat, although it is recommended that children use a rear-facing child car safety seat for as long as possible. A child who is over the age of one and who weighs at least 20 pounds can use a forward-facing car seat furnished with an internal harness system.

Violations of these laws can result in the driver of the vehicle being responsible for fines and other court-related costs. Older children who do not wear a seat belt may also be cause for a fine.

 

The Dangers of an Improperly Installed Car Seats

A car safety seat that is improperly installed can be just as dangerous to a child as having no car seat at all. The following story out of Arizona is just instance where a child was injured due to an improperly installed car seat. On July 13, 2015, a couple was riding in their SUV with the woman’s three-year-old daughter in the vehicle. Their SUV was blasted by a, irresponsible teen motorist and the SUV rolled over numerous times. During the accident, the little girl was flung from the SUV and landed on the asphalt. As a result she suffered a fractured arm, leg, and skull and was taken from the scene of the accident in serious condition.

In order to provide the best possible benefit to a child, car seats and booster seats must be installed and used properly. If a car set is not installed correctly, the child can become dislodged during the crash and as a result can be flung around the interior of the vehicle until finally ejected from the vehicle. If the child is not the correct size for the child seat that child may not stay restrained in the event of an accident, causing serious bodily harm.

 

How to Correctly Install a Car Seat

Instructions are provided with the purchase of a new car safety seat that explain the proper way ti install the car seat. Make sure all tethers and straps are properly secured when you are installing a car safety seat and placing your child in the car seat. Additionally, you might want to consider testing the child seat to be certain it has been installed correctly.  The following are two widely used methods of doing this:

The “inch test”

Check for any sliding or movement  by skiing the car safety seat at its base. A car seat that is correctly If the car seat was properly installed, it will not move more than one inch in any direction.

The “pinch test”

Pinch the strap of the harness at the child’s shoulder with the child placed securely in the car seat. You child is properly accurately secured if you are unable to pinch excess webbing.

 

Where Can I Get a Car Seat Installed Correctly?

If you feel that you are unable to properly install your child’s car safety seat of if doubt whether or not you have purchased the correct size, you are encouraged to take your vehicle at car seat to to any number of car seat installation inspections sites in and around the Indianapolis area. At these locations, parents can have their child seat inspected for flaws or defects and can learn how to install their car seat correctly.

 

Look to a Compassionate Child Accident Lawyer in Indianapolis

At Rowe & Hamilton Attorneys at Law, we love children. That is why we are so passionate about assisting parents and families whose children have been injured in accidents caused by other people’s negligence. We help parents recover financial compensation after an Indianapolis child injury accident so that the parents do not need to worry about where they will come up with money for the child’s medical bills or how they will cope with other related expenses and costs.

When your child has been injured in a car accident or other child injury accident in Indiana, look no further than the caring and dedicated legal team at Rowe & Hamilton Attorneys at Law for assistance. We will help protect your legal rights so you can focus your attention on your child. Contact us today at (317) 482-7888 to discuss your child injury issues and concerns.

More Disturbing & Inappropriate Nursing Home Stories

When you sign the papers at a nursing home to register a loved one in a nursing home, the last thing you expect is for them to be abused, neglected, or exploited. This is especially true when the nursing home is a well-known and skilled rehabilitation facility. Unfortunately, exploitation of nursing home residents is a real issue in our country, and it has been a serious issue of concern for the state of Indiana, as well.

 

Indiana Nursing Home Under Investigation

 

Just over a year ago, The Waters of Scottsburg, a facility that serves nearly 90 residents who require daily care, was under investigation due to nude photos surfacing of one of its residents. The facility released an official statement that said: “We immediately notified all proper authorities, conducted an internal investigation, and have taken other appropriate action.” Sadly enough, this probably did not make the family of the resident feel any better about what took place.

 

What happened was quite simple: nude photos of a resident were allegedly found on social media. However, there is not a simple explanation for this type of exploitation. What type of person could possibly take nude photos of a vulnerable elderly person and then post them on social media? According to the news station, as many as three employees of The Waters of Scottsburg were part of the investigation that was being handled by the Indiana Department of Health and the Scottsburg police department.

 

The Waters of Scottsburg said that the three nursing assistants were suspended. Since that incident, no new news has surfaced on the issue, despite the fact that the case was turned over to local prosecutors, who were in charge of making any decisions regarding any possible criminal charges. In a similar sickening story, a certified nursing assistant (CNA) who worked at Asperion Care in Michigan City was criminally charged for posting a video of an elderly resident in the shower on Snapchat.

 

Snapchat Elderly Voyeurism

 

The CNA involved is not worth the mentioning of her name, and due to patient privacy, the patient’s name has been withheld from the news. The court documents stated that the video showed the 85-year-old victim naked in the shower while the CNA sprayed her with water. The CNA’s voice could be heard in the video saying, “look at this crazy…she doesn’t like taking showers.” The resident was a dementia patient who certainly deserved at least her dignity to be protected while in the care of a professional caretaker. When the CNA was confronted about the video, she told her supervisor that she “accidentally” posted the video on Snapchat and she only meant to snap a photo of the elderly patient’s face.

 

As the investigation continued, more evidence indicated that the CNA was not telling the truth. A screenshot of the video was procured by someone who showed it to supervisors of Asperion Care. The court record denotes that the screenshot included the elderly patient sitting naked on a chair in the shower, completely exposed, with a caption that basically said “She hates showers,” when we remove the unnecessary wording that was used.

 

The CNA was fully aware of the patient privacy policy and code of conduct at Asperion Care, which is outlined in its employee handbook. In fact, Asperion proved that the CNA signed off that she had received a copy of the employee handbook. In the handbook, it clearly states:

 

“Each facility resident and employee should be free of any fear that he or she will be photographed or videotaped, or have his or her voice recorded, copied or transmitted improperly. Therefore, employees are prohibited from possessing or using, or assisting another person to possess or use a recording device while on the premises of the facility or while working for the facility.”

 

Another Recent Story of Disgust

 

As if the last two stories were not enough to let people know that this type of behavior is not acceptable and will be prosecuted, another news story popped up in Wisconsin just recently. Eau Claire police have charged two certified nursing assistants with felony counts for sharing a naked photo of another dementia patient, as well. One of the CNAs is charged with capturing and distributing a nude representation without consent and the other CAN is charged as a party to the crime.

 

According to the criminal complaint, both of the CNAs were working the night shift when they noticed that a male patient had fallen in the hallway. He was on the floor, his pants were down, and he was exposed. One of the CNAs decided at that moment to snap a photo of the dementia patient and shared it on social media. According to a witness, both of the CNAs found the scenario of the poor elderly man on the floor “hilarious.” The same witness says that one of the CNAs snapped a photo and sent it through Snapchat to her boyfriend.

 

While a forensic examination did not turn up the photograph, however a text message between the two defendants did confirm that the incident occurred. Both of the CNAs were fired by Azura Memory Care and face criminal charges, facing up to 3 ½ years in prison each and up to a $10,000 fine.

 

Betraying Patients

 

You do not have to be a certified nursing assistant to realize that these incidents are inappropriate and disgusting. CNAs are supposed to be an elderly patient’s advocate and caretaker, not the person who degrades and disgraces them. These three incidents are clear depictions of betraying the trust of patients. Anyone who works in a nursing home should ensure that they are doing everything they can to protect their patient’s rights, their dignity, and their privacy.

 

If a loved one has been exploited, neglected, or abused in an Indianapolis nursing home, you need to contact an dedicated Indianapolis nursing home attorney today to discuss your options. This type of behavior is not appropriate and someone needs to be held accountable for the embarrassment and emotional distress this has caused everyone involved. Contact us today online or call us for a free consultation.