Scene-of-the-Accident Tips for Minor to Moderate Personal Injuries

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

If you or a loved one was recently hurt in a personal injury accident, it is vital to take the right steps directly after the incident to ensure and secure your rights down the line. For very serious accidents and injuries (brain injuries, concussions, spinal cord injuries, etc.), the most important step you can take is to receive immediate medical care. Once you are stable, the process can continue. Continue reading to learn what to do after being involved in a person injury accident, and how to get started recovering your expenses.

What to Do After a Personal Injury Accident

Be sure to always have a camera on you at all times. A disposable camera should always be kept in the glove compartment of your vehicle, and many people these days have cameras on their wireless phones. Capturing the injury on camera right after it occurs is a crucial step toward defending yourself in a personal injury case. Whether it’s a motor vehicle accident or a slip, trip, and fall, take as many pictures as you can of the environment, accident location, the injured area of the body (if applicable), and anything else that may have contributed to the incident. If you are unable to take pictures, ask the person with you to take them, or if alone, a friendly bystander. You will also want to ask about any surveillance cameras and videos so you can request a copy of your incident if it was recorded.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

The next step is to gather as much information from witnesses and persons involved. Get the names, addresses, emails, and phone numbers of all the people that saw the accident occur, and of the people who were involved. This can include a store manager, bystanders, customers, passengers in a car, and any other witnesses. Having proof of your story through the statements of witnesses will strengthen a case. You will need even more information from every person involved in the accident. Be sure to collect standard contact information, as well as drivers’ license numbers and insurance information.

When all pertinent information is collected, it is time to contact the police. Communicate all the necessary information and timeline of the accident. Be sure to tell them of any pain or discomfort you are experiencing. They will assist you with getting medical attention.

The final step to take after being wrongly injured is to contact a licensed accident attorney to file a personal injury claim in your city or county. A personal injury lawyer can recover the full and fair compensation you deserve after experiencing a traumatic injury or accident as a result of another person’s negligence.

File a Personal Injury Claim in Indianapolis

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to win your case and obtain a full and fair settlement for your losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. Call 317-881-2700 to schedule your complimentary consultation with a seasoned personal injury attorney in Indianapolis, IN today.

Examples of Nonfeasance in Terms of Tort Law

There are so many terms in regards to tort law that it can be confusing understanding what a simple sentence means in a legal or court document. Personal injury lawyers are the solution to comprehending confusing legal jargon and paperwork in the case that you are filing a claim against a negligent party. Some terms, like “negligence” and “liability” can be self-explanatory; but other terms, like “nonfeasance” can be quite the opposite. Continue reading to learn the meaning of the term nonfeasance, and examples of such cases.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

Intentional Failure to Act

Nonfeasance is a legal term used in tort law that describes an inaction, rather than an action. Nonfeasance is the act of intentionally neglecting to carry out a mandatory duty or obligation, and as a result of that neglect, someone is harmed or killed. Someone can be guilty of nonfeasance if and when a duty of care is owed to a person or group of people, a breach of that duty takes place, and that breach resulted in injury to that person or people.

Courts believe that people, even if they are not creating a dangerous situation, must still take proper action to prevent harm or danger to others. In most cases, this liability is for those with preexisting relationships only. For example, if an onlooker observes a stranger drowning, they cannot be held liable for harm or death to the stranger if they have no pre-existing relationship with them. On the other hand, if the onlooker and victim are not strangers to one another, there is a legal duty of care to help. In contrast, if the bystander is someone with a legal duty of care to help or protect, like teachers or lifeguards, then they CAN be held accountable for a victim’s drowning or injury if they neglect to take proper action to prevent harm.

Relationships that obligate a duty to act in terms of nonfeasance include spouses, family members, school and students, babysitter and child, employer and employees, jails and jailers, medical establishments and patients, driver and passenger, parents and children, lifeguards, EMTs, firefighters, law enforcement, and much more. Courts have also found a “duty to act” in cases where a person provides help for someone injured or in danger, but that help leaves the victim in worse condition because their actions were unreasonable, also referred to as misfeasance (performing poorly). For example: a person sees a car accident and stops to help the victim. They pull the unconscious victim from the vehicle and carries them to the side of the road. All of these actions turn out to be more harmful because the victim had serious neck and spinal injuries that called for special maneuvering and transportation by trained EMTs. By moving the victim themselves and hesitating to call 911, they put the victim in further danger. This means they can be held liable for nonfeasance, or failing to take the proper actions to prevent harm to another.

If you believe you or someone you love has been a recent victim of similar negligence, contact a licensed personal injury lawyer to learn your rights.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free initial consultation with a licensed personal injury attorney in Indianapolis. Accident attorney, Daniel Craven, is happy to answer your questions about personal injury claims, compensation, and more. We never collect lawyer fees unless we get money for you! Call 317-881-2700 for information about our personal injury practice areas and office locations in Indianapolis, IN today.

What is a Prima Facie Case?

Prima facie, pronounced “pree-muh fay-shee”, is a common legal term used in criminal and civil law cases. Literally translated, this term means “at first face” or at first sight; the apparent nature of something at the first look. Prima facie can refer to either a case or a piece of evidence, depending on the crime or misconduct. Continue reading to learn what a prima facie case is and examples of such cases.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

An Open and Shut Case

Prima facie is a legal doctrine that signifies a situation in which sufficient evidence is apparent, upon initial observation, to charge or convict a person before any further investigation takes place. In terms of lawsuits, it is colloquially-referred to as an “open and shut” case. Although it is possible for opposing parties to present enough conflicting evidence at trial to refute the prima facie claims against them, most often, a prima facie case is a case where so much obvious evidence exists “at first sight”, Grand Jurys can indict someone for a crime.

In personal injury lawsuits, plaintiffs hold the burden of proof, meaning they must prove their case to get the desired verdict. They have to present a prima facie case to a court, providing evidence to support their claim. If a plaintiff can do this successfully, then the burden of proof shifts to the opposing party. If they cannot, then the case is in jeopardy of being dismissed.

There are several possibilities of prima facie cases. One example of a prima facie case is check fraud. If a person is writing bad checks, or steals another person’s checkbook and writes checks with it, they are blatantly guilty of check fraud. The bad checks are prima facie evidence of their crime, while the paper trail they left behind them supports a prima facie case.

Another example of a prima facie case is drunk driving. If a person is pulled over for reckless driving and then tests over the legal limit for alcohol, their recorded reckless driving and blood alcohol content (BAC) is enough evidence to prove they were illegally operating a vehicle under the influence of alcohol. Even biased pre-employment tests can be a prima facie case, since the actual test is available as evidence that proves the prejudice of its contents.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have been seriously injured in an accident that was no fault of your own. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in Indiana. They are the Indianapolis personal injury lawyers that can prevail for you! We offer free initial consultations and never collect attorney fees unless we win your case. Call 317-881-2700 and schedule your complimentary appointment to discuss your recent accident with a knowledgeable personal injury attorney in Indianapolis, IN today.

Pedestrian Accidents and Laws in Indiana

Pedestrian Injury Claims 317-881-2700

Pedestrian Injury Claims 317-881-2700

Sadly, all over the United States, thousands of men, women, and children are seriously injured or killed in pedestrian accidents each year. Motor vehicle and traffic accidents are the number one causes behind pedestrian injuries and deaths. There are various laws and rules regarding pedestrian protection in our state, but unfortunately, they are commonly forgotten or overlooked after traffic school. Continue reading for a brief overview of standard pedestrian laws and regulations in Indiana.

Pedestrians

Just like all other driver’s on the road, pedestrians have rules and guidelines to follow too. In Indiana, pedestrians must obey all traffic and pedestrian control signals at all times. This means anyone traveling by foot is required to comply with “Walk” and “Don’t Walk” traffic signals; as well as, any other traffic control devices or signs. They are also expected to always use crosswalks and pathways designated for pedestrian use. This means no J-walking! These rules are just in that they protect everyone by establishing a safe, consistent, and effective plan that we can all easily understand and obey.

An At-Fault Driver

A driver cannot overtake or pass another vehicle that is stopped in front of them at a crosswalk for pedestrians or cyclists. This at-fault driving scenario puts any pedestrian crossing the path at that time, in danger of being hit by the driver. This is why it is illegal. All drivers must obey all traffic control signals, and yield to pedestrians that have the right away at crosswalks and other pathways. They must also yield to blind pedestrians; discernible by a white cane or seeing-eye dog.

An At-Fault Pedestrian

Pedestrian Injury Claims 317-881-2700

Pedestrian Accident Claims 317-881-2700

Pedestrians, just like drivers, can be at fault in a motorist-pedestrian accident. If a pedestrian darts out into a busy road from a safe place or sidewalk, they could be at fault if they are hit by an oncoming car. The law explains that in this situation, drivers that are acting in accordance with with their traffic rules do not have enough response time to stop for a wandering pedestrian. Also, any person on foot is expected to use a sidewalk, rather than the edge of the road, for safety. If there is no sidewalk, they are allowed to walk on the direct edge or shoulder of a highway or street. If a pedestrian is crossing a road that is not marked with traffic control signals or a crosswalk, they are expected to yield the right away to all traffic.

There are several more pedestrian safety laws and guidelines that begin to get very specific, such as pedestrian law IC 9-21-17-11; that states all pedestrians should move along the right half of all crosswalks. Not such a serious violation. The important Indiana pedestrian laws are general, but important. Vehicles are prohibited to overtake a vehicle stopped at a crosswalk; pedestrians have to obey all traffics control devices unless otherwise specified by a police officer, pedestrians must yield to oncoming traffic if there is no marked crosswalk or path, they cannot walk along the shoulder or edge of a road with a functioning sidewalk, and motorists are responsible to yield to blind pedestrians at all times. Keep these rules in mind and protect yourself and others on the road.

Pedestrian Accident Attorneys

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you are a victim of a pedestrian accident in Indiana. Indianapolis pedestrian accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned injury lawyers that are eager to recover he rightful compensation you deserve after being wrongly injured in a pedestrian accident. Our law firm offers free initial consultations and will not collect attorney fees unless we prevail for you. Call 317-881-2700 for pedestrian accident and injury representation and legal counsel in Indianapolis, IN.