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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit

HANDS OFF THE CELL PHONE AND ON THE WHEEL – THAT’S THE LAW!

Man on his cell phone while driving

It’s a fact: No state bans all cell phone use for all drivers.
However, as the National Conference of State Legislatures notes, 14 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands do prohibit all drivers from using hand-held cell phones while driving. Also a fact, but a bit more encouraging, is that 47 states (plus D.C., Puerto Rico, Guam, and the U.S. Virgin Island) ban text messaging for all drivers.

One important distinction is “primary enforcement” vs. “secondary enforcement”. In states with primary enforcement (Indiana is one), an officer can pull you over for using a handheld cell phone without any other reason for the stop. With “secondary enforcement”, the officer must have another reason for pulling you over (such as speeding, running a red light, or driving with no signal lights) and only then is that officer able to cite you for a cell phone infringement.

Where does Indiana fall in this distracted-driving-by-cell-phone prevention picture?

  • Primary enforcement
  • Texting ban for all drivers
  • All cell phone ban applies to drivers under the age of 21

Does banning texting while driving make a difference? That was a question discussed by CBS News two years ago, after a report published in the American Journal of Public Health indicated that bans on texting while driving may in fact be preventing some serious traffic accidents. Specifically, in states where texting bans were “primarily enforced”, hospitalizations for travel accidents went down.

In our work as personal injury attorneys, the fact that Indiana is a “fault” state becomes very important when we represent someone hurt in an auto accident. In “no fault” states such as Kentucky, each driver’s insurance will typically pay for his or her own injuries, regardless of who was at fault for the accident. Indiana law, however, holds each driver accountable for his or her role in the accident, assigning a percentage of fault to each driver.

So, if witnesses testify (or it is otherwise discovered) that one of the drivers was texting or talking on a hand held phone immediately prior to the accident, a large percentage of the fault, if not all of it, will probably be assigned to that driver. (As you may imagine, even though that driver’s insurance company will pay the bills, it’s not likely they will continue to keep him/her as a customer!)

It’s a fact: Hands off the cell phone and on the wheel – that’s the law!

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