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Indiana I-65 & Keystone Ave Accident
Posted by: Steve Wagner
November 09, 2009
Topic: Motor Vehicle Accidents

A family traveling through Indianapolis on Friday night was involved in a serious crash on I-65 at Keystone Avenue. The McCormick family was hit from behind by an RV driven by Charles Walker, Knox, Indiana. The father, Erik McCormick was not injured. The mother, Erin McCormick, was treated and released on the night of the accident. However, the McCormick's two small children, 4 year old Gwendolyn and 2 year old Quintin remain in critical condition in Riley Hospital. The driver of the RV was cited for several offenses, including speeding when required to reduce speed.

Under Indiana law, minor children injured in an accident can bring a claim through their parents or even a court appointed guardian or "next friend." Recoverable damages include past and future medical bills, compensation for pain and suffering, and compensation for the permanency of any injuries. If your child has been injured in an accident due to some else's negligence, call Wagner Reese & Crossen today for a free consultation. The lawyers at Wagner Reese & Crossen all have young children and know firsthand how devastating child injuries can be.

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Chimpanzee Attack
Posted by: Judy Pippin
October 19, 2009
Topic: Worker's Compensation

Can a chimpanzee attack be a worker's compensation case? The attorney representing the owner of a chimpanzee who mauled a woman in February says that the mauled woman was actually an employee of the chimpanzee owner. Charla Nash was mauled in February by Travis, a chimpanzee owned by Sandra Harold. Nash's family has filed a $50 million lawsuit against Harold claiming negligence and the inability to control a "wild animal with violent propensities."

Harold is the owner of a towing company called "Desire Me Motors." The business is run out of her home, the site of the attack. Harold claims that Nash was an employee of this company. As an employee, Nash will only be entitled to payment of medical bills by Harold's insurance company, as well as a portion of her wages while she is unable to work. If Harold can prove that Nash was an employee, Harold will be protected from a civil suit that would entitle Nash to pain and suffering experienced as a result of the attack. This case is an excellent example of how worker's compensation cases shield employers from liability.

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Medical Malpractice Awards
Posted by: Jason Reese
October 07, 2009
Topic: Personal Injury

Indiana is just one of 35 states that limit the amount of compensation a patient receives following a medical error. Patients in Indiana are only able to receive maximum damages of $1.25 million. Capping jury awards allows for a slow growth in the cost of medical malpractice insurance for doctors. These caps, however, do not seem to have a significant impact on doctor's fees, only reducing total health-care spending by less than .02%. The questions surrounding costs of medical malpractice lawsuits seem to be gaining increasing attention in the overall health-care debate. To date, President Obama has ruled out support of a national cap on malpractice awards.

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Deadly Indiana Hit & Run
Posted by: Steve Wagner
October 07, 2009
Topic: Worker's Compensation

The driver of a tan GMC pick-up truck that was seen leaving the scene of an accident on Monday afternoon has turned himself in to police. Robert Volkert, Hicksville, Ohio, faces preliminary charges of failure to stop after an accident resulting in death. Andrew Landes was struck and killed instantly while painting aerial markings on Indiana 1 in DeKalb County. Landes was an employee of Butler, Fairman & Seufert Civil Engineers, an Indianapolis-based firm.

Under Indiana law, the estate of Mr. Landes will have a claim for wrongful death against Mr. Volkert for his negligence. Because Mr. Landes was in the course and scope of his employment at the time of the accident, his survivors can also pursue a worker's compensation claim for death benefits as well. Finally, even though Mr. Landes was not operating a vehicle at the time of the accident, there may be additional insurance coverage under his company's commercial auto policy or his own auto policy. Injury and death claims occurring in the course and scope of employment require a law firm well versed in Indiana worker's compensation law, personal injury law, and insurance coverage issues. The injury attorneys at Wagner Reese & Crossen routinely handle this type of complex case. For more information, please visit http://www.injuryattorneys.com/ or call (800) 792-0332 for a free consultation.

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Terre Haute Indiana Crash
Posted by: Steve Wagner
September 30, 2009
Topic: Motor Vehicle Accidents

Indiana State Police were on the scene within seconds following a two-vehicle crash on Indiana 63 at Durkees Ferry Road in northwestern Vigo County. Two sisters, Cindy K. Meyers, Grayville, IL, and Sara B. Bucko, Newburgh, IN, were trapped in their 2007 Chevrolet truck after flipping over several times and coming to a stop on the roof of their vehicle. The driver of a Chevrolet van, Travis A. Stafford, West Terre Haute, was cited for failure to yield the right-of-way after he hit the driver's side rear of the pickup truck while attempting to cross the highway. Bucko suffered internal injuries and was airlifted from the scene of the accident to Methodist Hospital in Indianapolis.

Accidents such as this are all too common on rural roads and highways. One careless action is all it takes to change lives forever. If you have been injured in an accident, call the injury attorneys at Wagner Reese & Crossen. We will jump into action and immediately take all the steps necessary to preserve your rights. Put power on your side-call today (800) 792-0332.

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IN Toll Road Accident
Posted by: Steve Wagner
September 30, 2009
Topic: Motor Vehicle Accidents

A group of four men traveling home from a hunting trip through Indiana to Pennsylvania were injured when the driver of their vehicle fell asleep. Their truck hit the guardrail, causing them to flip. The crash happened on the Indiana Toll Road between mile marker 84 and 85 near the Mishawaka exit. The most severely injured, Jack Oswalt, Indiana, PA, had to be extricated from under a trailer that their vehicle was hauling. Another occupant of the truck, Colten Oswalt, had broken fingers and cuts.

Under Indiana law, an occupant of a vehicle cannot make a personal injury claim against the driver if the occupant is the parent, child, brother or sister of the driver. Most states have similar law which is often referred to as a "Guest Statute." However, a claim by an occupant against the driver for the driver's negligence in causing an accident can be made against a friend who was driving (or even a grandparent or uncle). While at first it may seem like this is an unreasonable thing to do (sue your best friend or grandma??), the reality is that the driver's automobile insurer pays all damages. In fact, most drivers want their insurance to pay for any damages suffered by friends or family members in an automobile accident. If you have questions about making a claim following an automobile or truck accident, call us today for a free and confidential consultation. Toll Free (800) 792-0332.

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Vevay IN School Bus Crash
Posted by: Steve Wagner
September 09, 2009
Topic: Motor Vehicle Accidents

Switzerland County school bus driver Jerry Monjar is being called a hero following an accident involving a pick-up truck and a third car. The pick-up truck, driven by Tad Max Frost, collided with the school bus and then the car in an attempt to avoid hitting the car which was stopped. While the car's driver, Carianne Wilholt, Vevay, Indiana, was treated and released, Frost was taken by ambulance to a local hospital after sustaining several broken bones. Eight children in the school bus suffered minor injuries and were treated and released at King's Daughters' Hospital in Madison, Indiana. School officials reported that Monjar was able to keep the school bus from overturning in the accident.

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Oshkosh Indiana Motor Vehicle Accident
Posted by: Trevor Crossen
August 28, 2009
Topic: Motor Vehicle Accidents

One person is dead and another injured following an accident in Oshkosh, Indiana on Interstate 65. Srinivasa Sawar-Rao, 49, was pronounced dead at the scene. The driver of the vehicle, Dubey Mohany, 38 was airlifted in serious condition to Advocate Christ Hospital and Medical Center in Oak Lawn, IL. Mohany lost control of her vehicle while attempting to pass a semi-truck. She overcorrected, causing the vehicle to roll over six and a half times, landing on its roof.

Attempting to pass a semi-truck is a dangerous maneuver.  If you need help with investigating this type of an accident, call Wagner Reese & Crossen.  InjuryAttorneys.com.

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Deputy Undergoes Spinal Surgery
Posted by: Steve Wagner
August 25, 2009
Topic: Motor Vehicle Accidents

An accident on Indiana 63, 1 mile north of US 36, has left an eight-year veteran of the Parke County Sheriff's Department in fair condition in Methodist Hospital. Sheriff's Deputy James Awbrey's patrol car was struck in Vermillion County by a pick-up truck driven by Thomas Crouch, South Bend. Awbrey was on escort detail for an oversize load of heavy equipment when he stopped his police car on Indiana 63 in order to block traffic. His emergency lights were activated. Upon his arrival to Union Hospital-Clinton, he was airlifted to Methodist Hospital because of the severity of his internal injuries. On Wednesday, he underwent surgery to repair extensive spinal injuries sustained as a result of the crash. The initial investigation revealed that Crouch bent down to pick up a drink that spilled on his floorboard.

"Distracted Driving" is a leading cause of motor vehicle accidents, whether from a radio usage, cell phone usage, or another distraction as in this case. Now Deputy Awbrey will have to rely on the worker's compensation system, as well as a potential personal injury claim against Crouch, to help him pick up the pieces.

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Workplace Deaths Increase in Indiana
Posted by: Steve Wagner
August 24, 2009
Topic: Worker's Compensation

Why is it that, despite the labor department increasing its enforcement and consultation efforts within the past few years, workplace deaths in Indiana still increased in 2008? Their goal is obviously to lower the number of deaths, injuries, and occupational illnesses that occur on the job in Indiana. The good news is that IOSHA (Indiana Occupational Safety and Health Administration) conducted 70% more inspections in 2008 than it did in the previous year. The Indiana Department of Labor reported 132 fatalities as a result of work-related injuries in 2008. Agricultural accidents were the leading cause of Hoosier workplace fatalities, with construction and manufacturing accidents not far behind.

If you or a loved one needs help with a work related injury or death claim, call the workplace accident attorneys at Wagner Reese & Crossen for a free consult today.

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