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Society & Culture

Personal Injury Primer

Updated about 1 month ago

Society & Culture
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Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

Read more

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

iTunes Ratings

4 Ratings
Average Ratings
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Good podcast

By hairbeardown - Jul 10 2019
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I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.

iTunes Ratings

4 Ratings
Average Ratings
4
0
0
0
0

Good podcast

By hairbeardown - Jul 10 2019
Read more
I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.
Cover image of Personal Injury Primer

Personal Injury Primer

Latest release on Jul 01, 2020

Read more

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

Ep 58 – Avoid Arbitration Clauses When Signing Contracts in Indiana

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Avoid Arbitration Clauses When Signing Contracts in Indiana

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from someone who recently emailed us saying, “I see in the fine print of a contract I have to sign that it says any disputes that arise will be resolved by arbitration. What does arbitration mean?”

Whether you are a student signing up to take a college course, or opening a new bank account, or signing a document authorizing a car repair, take the time to read what you are being asked to sign.

It is becoming increasingly common for Corporate America to rely on adhesion contracts to force people to accept mandatory binding arbitration.

Arbitration is a way legal disputes can be resolved without going to court and utilizing the traditional court system. Instead, the parties appear and present their arguments before an impartial person or group of persons outside of court who will decide the final outcome of the dispute. Sometimes the parties mutually agree on who the impartial arbitrator will be, and sometimes the arbitrator is pre-determined by a written statute.

Regardless, when you come across arbitration language in a contract you are being asked to sign, it’s important to know that such language often will bar you from filing a lawsuit in court, which will prevent you from having a jury of your peers decide any dispute that may arise between the parties.

So why do so many contracts these days have arbitration clauses? Well, most of these pre-written contracts that are given to you to sign as a consumer, employee, or in other contexts, are designed to protect the drafter of the contract by eliminating the threat of a class action lawsuits.

While class action lawsuits have occasionally been abused by consumer advocacy groups, the vast majority of the time, a class action is the only tried and true legal tool available to enable consumers to challenge unfair action by companies. Companies often have a greater financial ability to hire lawyers and fight in court than consumers do, which makes it difficult for consumers to bring lawsuits on their own.

But when consumers band together, as they do in class action lawsuits, then they are better able to have the finances needed to pursue their legal claims and obtain fair compensation. Companies don’t like that and want to take away the possibility of being sued in a class action by forcing parties that contract with them to agree to settle any disputes through the arbitration process only.

And arbitration isn’t a cheap alternative for a party on its own, either. In fact, it can be more costly than a typical lawsuit filed in court. For example, the average cost to file a lawsuit is $200, but if you are forced into binding arbitration you will not only have to pay your lawyer, but you will have to pay the arbitrators, which can cost as much as thousands of dollars, and may even have to pay the corporation’s lawyers if you lose.

All in all, companies are banking on you not wanting to expend the time and money to pursue claims against them, not in a traditional court room and also not in an arbitration setting. So, that’s why you’re seeing all these arbitration clauses in contracts these days.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jul 01 2020

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Ep 57 – Aggravating Old Injuries

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Aggravating Old Injuries

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who says “I have had problems with my back before, but the pain is much worse since the crash and it won’t go away, do I have a case since my back was not in perfect shape before the crash?”

This is a question frequently heard from people inquiring about a potential claim. People are concerned that they might be disqualified from suing because of a prior condition or injury.

Here is the question stated in simple terms:

“I’m really hurting after this accident, but I’ve been hurt in the past, do I still have a claim?”

The answer is always yes.

The law allows for a person who suffers from a pre-existing medical condition to recover for an aggravation or exacerbation of that condition.

For example, if a person has back surgery, and as they are leaving the hospital the automatic doors malfunction and knock them to the ground, the law will permit a recovery for a new injury, such as a broken arm, and an aggravation to the back condition, such as the need to redo the back surgery.

It is very important to be forthright with your doctor if you have a prior medical condition which is changed because of an accident.

Your medical care providers need to know about prior conditions in order to assess the full nature of an injury incident. For example, a person with a sore neck after an accident who has no prior neck injury may be assessed very differently than a person with neck pain after an accident who suffered a fracture to their neck 10 years earlier playing football.

Legally however, people who aggravate old injuries in an accident are entitled to recover damages just as are people who receive new injuries.

Never hesitate to consult one of our attorneys if you need help to better understand your legal rights.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 24 2020

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Ep 56 – Thinking About the Future When Injured

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Thinking About the Future When Injured

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from listener who asks “how much time do I have to sue if I am injured as a result of the negligence of someone?”

You would be surprised how often people fail to think about their future when they are injured as a result of a car crash, or other incident.

Too many times people let several years go by before calling an attorney and are shocked and angry to learn they have missed key deadlines to sue.

We understand that day to day concerns following an injury incident can squeeze out thoughts of the time deadlines for filing a lawsuit.

A lawyer can help you hold the parties responsible for all those bills that begin accumulating after an accident, but only if you see a lawyer before the time expires for filing a lawsuit.

So, what is the time deadline?

For all personal injury cases in Indiana there is a two-year statute of limitations for filing suit.

If you try to sue more than two years after your accident, the parties you sue can ask the court to dismiss your claim as being barred by the statute of limitations.

Even if you are uncertain about wanting to pursue a lawsuit in the future, time can slip away from you before you know it, so you need to act promptly.

Plus, there are shorter deadlines, as early as 180 days, for some types of cases involving governmental entities. 180 days is less than six months. And, it gets worse, some entities that you think have nothing to do with the government, such as an airport bus company, or a commuter train, are treated like government agencies under the law, and the 180 deadline applies (though there are exceptions), so consultant an attorney promptly after an injury incident.

And, even if you think a deadline might have expired, consult any attorney to be sure. There are many exceptions to these general rules.

In short, it is important to be aware that if you are thinking about consulting an attorney about your case, it’s always better to do so sooner rather than later.

Aside from the deadlines we’ve noted, it is important to promptly pin down witness information before memories fade.

We recommend adding reminders to your calendar well in advance of the deadlines that might apply to your situation, so that you can arrange to consult an attorney well before any deadlines.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 17 2020

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Ep 55 – Why Do Some Lawyers and Doctors Send Mail After A Collision

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Why Do Some Lawyers and Doctors Send Mail After A Collision

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who received direct mailings after a collision and asks “Why Do Some Doctors and Lawyers Send Mail After an Accident?”

Police accident reports are public records and can be accessed electronically, so your personal information can be easily obtained and can be accessed by anyone looking to market their services.

Ethical rules in Indiana prevent lawyers from sending out mail solicitations within 30 days of an accident, and entirely prohibit in person solicitations in most situations.

If violations of these ethical constraints are reported, a lawyer can be disciplined.

It is our policy NOT to send out mailings after an accident.

Medical professionals often have no such ethical restrictions.

We have heard that some are very aggressive and leave phone messages suggesting that your insurance requires you to call them.

You have no obligation to respond to such direct solicitations or to mail solicitations from medical professionals or lawyers.

Much more should go into selecting a lawyer than the look of the lawyer’s direct mail promotional material.

We suggest that it is important to check on whether a prospective attorney is Board Certified, has a good ethical reputation, will listen to you, will explain the law in a clear manner, and will communicate regularly with you. On our website we explain in greater detail the type of considerations that should go into selecting a lawyer.

Regardless of the ethical constraints on solicitation, do you really want to hire someone to deal with your personal medical or legal needs just because they leave you a voicemail, or because they looked up personal information about you and sent you a form letter?

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 10 2020

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Ep 54 – Choosing a Reputable Physician

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How to Choose a Reputable Physician

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a caller who asked us recently, “I need a good doctor, how do I go about choosing a reputable physician to treat my injuries?”

When a person is hurt in a crash or other injury incident, finding and obtaining competent medical care is crucial to making a good recovery and critical to presenting a credible claim for compensation.

As a result, some lawyers may be tempted to refer clients to physicians with whom they have developed a relationship.

Lawyer referrals to medical professionals for compensation, and medical professional referrals to lawyers for compensation, not only constitute bad practice, but in most all circumstances are unethical.

Consequently, our firm does not make physician referrals.

We do however provide a list of things to consider when selecting a physician.

First, evaluate the physician’s attitude and the attitude of his/her staff. Is the attitude you encounter compatible with your personality? Does the physician make patient communication a priority? Are patients respected? Does the physician take the time to listen to patients? Are patients encouraged to ask questions? Good communication will improve your patient/doctor relationship and help you trust the decisions you make together regarding your health care.

Second, your physician’s credentials are important to check to make sure your physician is competent to care for you. All physicians must be licensed in the state where they practice. Check your physician’s license with Indiana’s Physician Licensing Board. Is your physician board certified? The requirements for board certification are set by colleagues and peers and vary by specialty. This can include the number of years in school, fellowship programs, areas of practice, and sometimes continued education. Other questions to consider are: Where did the physician go to medical school? Where did he or she complete their residency? What is his or her age? How long has the physician been in practice? What health care facilities is the doctor affiliated with? Is the doctor covered under your health insurance plan? By doing your homework you can ensure that the physician you select to guide your medical care is responsible and will provide you with the best resources to manage your healthcare.

Third, it is important to determine your physician’s malpractice track record. Check with Indiana’s Compensation Fund to see whether your physician has any malpractice claims against him or her. Our firm has successfully sued physicians in Indiana who have breached the standard of care and compromised their patient’s safety. The goal of every person in selecting a physician is to steer clear of those who have been found guilty of malpractice. Statistically, almost all instances of malpractice are associated with a very small percentage of physicians, and involve repeat offenses.

Finally, once you select a physician, be considerate of your physician’s time, and plan ahead for your next appointment. Keep your appointments. Be on time for your appointments. Call if you must reschedule an appointment. Write down your concerns and the reasons for your visit. Identify where you are having pain, but never exaggerate a complaint. Doing these things will both ensure that each of your questions will be answered and that the physician’s record of your visit will be accurate and complete. Ask your physician to explain terms you do not understand, and be sure he/she explains the next step in your care and treatment. For example, if a test is ordered, ask who you should contact for the results. Ask about the plan of treatment. If you are anxious or afraid, explain your concerns and ask for guidance. Knowing what the plan is will ease your anxiety when dealing with complicated medical issues and treatment.

In short, many of the things to consider when selecting a physician are similar to what should be considered in selecting a lawyer. Bottom-line, you want a professional who is equipped to provide efficient and effective assistance focused on addressing your needs.

It’s that focus we at the Law Offices of David Holub take with us into every case, trial or mediation. We strive to always provide top quality legal representation, uncompromising pursuit of our client’s legal interests and being accessible and attentive to our clients during times of personal challenge.

Some lawyers have little knowledge of the trial process and have scare knowledge about lawsuits and what it takes to be successful in the courtroom. Some lawyers have never experienced filing a lawsuit for a client, let alone taking a case to trial. They prefer to settle or just don’t have the financial resources for a long drawn out trial.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 03 2020

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Ep 53 – Packages and Slip and Falls

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A package delivery leads to a slip and fall injury.

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who recently sent us the following question: “what would happen if someone got hurt on my property while they are trying to steal a package left on my doorstep?”

Have you ever ordered an item and the company says they shipped it to you, but you never received it?

Maybe you even contacted the postal authorities or the parcel delivery companies wondering where your package is. And they replied, “we delivered it”.

They even tell you where they put your package. Which in most cases is out in the open where it can be seen by anybody.

Well, according to CNBC, 10 percent of the US population will be a victim of package theft.

And, some people seem to be in just the right location that they tend to be magnets for thieves stealing their ordered items.

These victims have lost countless packages to crafty thieves who drive through neighborhoods looking for unguarded items.

But, the victims are fighting back. Some have installed motion sensor cameras that start recording the moment the perpetrators come into sight.

One gentleman from Tacoma went so far as to rig an empty box with fishing wire and 12-gauge shotgun blanks. Can you see where this is going? When the box is moved, the wire activates the shotgun blanks to go off. Bang! Bang! Bang! The thief scrambles for his life.

But what if, in the course of trying to escape the supposed gun fire, the thief hurts himself on your property?

You might be thinking good, that’ll teach him to stop trying to rip people off. And it might. But, what if the thief decides to sue you for his “slip and fall” injuries?

It’s not fair, but it happens.

The exact thing you used to scare him off, to prevent this person from stealing from you, is the exact thing that caused this person to become injured.

Yes, you scared the thief so senseless that he couldn’t think straight and ended up tripping over a lawn ornament and breaking his ankle and wrist.

You could argue he got what he deserved, but you’d be the one who not only is responsible for the civil liability (the thief’s injuries) but you could also be cited for using a mechanical device designed to fire weapons. And, if you think your property insurance will cover your liability, you better read the policy carefully, because there likely is an exclusion for actions you might take that knowingly can be expected to lead to injury.

So why do I share this information with you?

I share it to give you an insight has to what might happen when you try to take the law into you own hands and MacGyver a package designed to scare.

It’s best to turn over any video footage you might have to law enforcement officials so they may handle the investigation.

The term “slip and fall” refers to circumstances where people are injured when they slip or trip and fall as a result of a danger or hazard on another person’s property.

Such falls can occur indoors or outdoors. A fall can be caused by a defective floor, a wet floor, poor lighting conditions, or the result of snow or ice.

Cracked concrete, a pothole, or any other poorly maintained premises can also be the cause of a slip and fall injury.

Our legal team is always available to consult on slip and fall injury cases.

There is no fee for an initial consultation, and if we accept your case we will work on a contingency fee basis, which means we do not get paid until we make a recovery for you.

Now if you’re the person who injured themselves while in the course of stealing someone’s packages, … we aren’t going to be able to help you with the consequences. That is not to say there isn’t some attorney out there who could assist an injured thief. It just isn’t us.

But, let’s say you work for a delivery company and you get hurt coming onto property to make a delivery, we definitely would suggest you call us. We frequently represent delivery workers who get bit by dogs, fall on ice, or step in an unprotected pothole, and we’re here to help.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

May 27 2020

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Ep 52 – Falling on Ice

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I fell on the ice, what are my legal options?

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a person who recently called us saying, “Last February I was walking with my wife into a big box store when I hit some ice and came down destroying my knee, what are my chances at trial?”

This is a great question. We live in a geographic location where snow and ice accumulation is a routine occurrence. Countless times when we have sued in such cases the defense team shouts out “the condition was open and obvious and we have no duty to protect against such conditions.”

You might be thinking is that a legitimate defense? It can be, depending on the conditions and the situation. But, there are some countervailing points of law on the side of the person who falls on ice in such situations.

What if the property owner puts out salt and cleared off snow on all walkways, but missed the spot right where the person loses their footing and falls?

In such a case the open and obvious conclusion the pedestrian would have reasonably drawn would have been that the walkways are clear and safe. Which makes the hidden danger of the missed spot extremely dangerous.

But, the counter you will hear from the defense team is we don’t have to be perfect, we just have to use reasonable care. Which of course is true for both parties. Both parties are to use reasonable care.

See how trials can be anything but simple?

But, what if the injury occurs on a sidewalk leading to the entrance of the store where there is a downspout, and there was no snow the day of the fall, and water from that downspout formed a layer of ice on the sidewalk, and the property owner knew this was likely to happen, and did routinely happen all winter? What if the employee witnesses admit that they knew ice could form in this area of the sidewalk, that they should be inspecting every couple of hours, or putting out a sign warning people away from the danger.

Add some more facts. What if video surveillance from the day of the fall shows dozens of other customers seeing the ice and walking around it, and the fall victim looking over at a car entering the parking lot and missing seeing the ice?

When you look close at the video surveillance and add that to the special knowledge of the business that knows or should know about the ice, isn’t it reasonable for a jury watching those video clips to conclude that “it was just a matter of time before someone unsuspecting was going to get injured?”

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”

May 20 2020

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Ep 51 – Motor Vehicle Safety Equipment Makes Us Less Safe

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Why Does Motor Vehicle Safety Equipment Make Us Less Safe?

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who said “you have years of experience involving car crashes and injuries, are you getting the sense that the number of crashes on the highway are going down given all the safety equipment on cars these days?”

Great question.

I think it demands a two-part answer.

For safety systems like airbags and anti-lock brakes, the equipment does not reduce the number of crashes, but most likely reduces the severity of injuries suffered in crashes.

But for safety systems that we might call driver assistance systems, it is not likely that they are really making us safer.

Advanced driver assistance systems are common in many vehicles today.

Such systems are designed to prevent crashes. Fewer crashes is good, right?

But, a recent report from AAA suggests relying on driver assistance systems may lead to higher rates of distracted driving.

What if protective technology is really just leading drivers into a false sense of security? Why look at the road if the car will protect you?

Full automation will remove occupant control. Once a car is driving itself, why even continue to call an occupant a driver?

But in the meantime, before complete automation, there’s still a big safety burden on the driver to control the vehicle and remain situationally aware. That burden on the driver to DRIVE SAFE, is present even though the automation equipment on the vehicle may help.

Data from recent studies indicates that the use of advanced driver assistance systems is associated with a 50% increase in the odds of engaging in a secondary task and an 80% increase in the odds of engaging in visual or manual secondary tasks, compared to the same drivers driving without an automated system.

What does that mean?

Well, if you think your car is going to watch for children running into the street to chase a ball, and that the brakes will come on automatically, then you as the operator reason that it is ok to look down at the weather headlines displaying on the entertainment console.

This holds true for speeding related errors when driver assistance systems are in use.

Drivers actually are more safe in operating a vehicle, when the protective system is turned off.

Again, makes sense, if you have cruise control on and you know the car will automatically slow you down if you get too close to the semi ahead of you, then your brain disengages a little, and safety overall is diminished.

Same with systems designed to alert drowsy drivers. If you have that drowsy alert system, you think you are safe and keep driving instead of pulling over like you did years ago when you sensed yourself getting tired and pulled off the highway to take a nap.

Here is an example. Have you ever had the need to drive a car using a spare tire, or run flat tire? If you know your tire might burst if you are going faster than is safe for the tire, most people will driver extra cautiously. Conversely, if you just replaced a bad set of tires, or gotten new brakes, you likely will feel it is okay to drive faster, and push the limits of your vehicle.

The take away conclusion is that safety systems can erode our attention.

That’s dangerous. Smart car; not so smart human.

It is only going to get worse.

The smarter your car, the less the human operating it will be pay attention. It is human nature.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

May 13 2020

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Ep 50 – Link Between School Shootings and Tort Law

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Is There a Link Between School Shootings and Personal Injury Law?

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from yours truly. Yes, it is a question I have asked myself, and the question is: Is There a Link Between School Shootings and Personal Injury Law?

The answer is YES in part. Maybe in large part.

What makes schools soft targets for evil and demented people who go there to instigate their planned harm? Well, one reason is limited security coupled with potential victims who are unable to protect themselves.

But … why is security so limited? Could the answer actually lie in the way the tort system has developed in this country? A strong case could be made that it does.

Schools are agencies of the government, and the government in most states largely makes itself immune from liability, or at the very least severely limits damages recoverable when lawsuits are brought against governments for security failures.

The government does not have to pay the millions of dollars that would be owed by a private company with provable knowledge of major security risks, say to a concert venue or ballpark.

Consequently, there is little real pressure on governmental actors to make the necessary security decisions that could easily make schools safer places.

Incidentally, there is also little financial downside for officials who ignore signs that a potential murderer is mentally unbalanced, or if the official decides to not take seriously warnings of instability reported by others.

Instead, there is a financial penalty if an official is over-aggressive and wrongfully detains someone, yet again damages are limited in most jurisdictions.

But if you are an official who is found to have made an error in asking for a judicial psych evaluation on someone, there is a price.

While if you don’t act to stop a potentially dangerous person, there is no price. No financial price that is.

So, if an official is weighing the odds of adverse job repercussions, the odds always say (from a lawsuit danger perspective): ignore the warning signs.

Let me repeat that. There is very little legal jeopardy for schools administrators if they decide to look the other way and let violent actors get more and more violent, WHEREAS there is potentially great legal jeopardy to be faced by administrators if they take action to clamp down on violent actors when the initial signs of violence are recognizable.

So, we see time and time again where governmental agencies, drop the ball on security, because there are few employment or financial repercussions for dropping the ball.

Maybe it’s a failure to inspect a scaffolding for code violations at a state fair, like happened in Indiana a few years ago.

Or a failure to require proper reconstruction of flood levies mistakenly torn down, like happened in a case we litigated dozens of years ago.

Governmental financial accountability, or lack thereof, leads to poor decisions by government officials.

It is just human nature for an official to worry about his or her job more than public safety.

So, when you hear politicians run to a microphone and talk about making laws that deal with whatever instrument bad people might want to use to create mayhem, whether it be IEDs, cars mowing down pedestrians, or firearms, is it all just talk?

Is it all to give the impression of solving a problem without really solving it?

To really stop school shootings, a careful systematic assessment needs to be done to make sure all decision points for governmental officials charged with making security decisions make the interests of the children paramount.

Maybe that means having off duty police officers at every school. Maybe it means something different.

But, things can and should be done to make children safe.

We just have to have the collective will to recognize the problem, and then to fix the problem.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

May 06 2020

6mins

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Ep 49 – Distracted Driving is Getting Worse

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Why is Distracted Driving is Getting Worse?

https://personalinjuryprimer.com/wp-content/uploads/2020/01/Podcast-049-Distracted-Driving-is-Getting-Worse.mp3

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who would like to know “with all the public service announcements about the dangers of distracted driving, why does it seem that more and more people are driving distracted?”

Distracted driving accounts for a large percentage of the motor vehicle injury cases we help people with and it is tragic.

Distracted driving has been around since the dawn of the automobile, but over the last few years it’s on the rise. The culprit…the proliferation of social media accessible mobile devices.

I saw this recently on a Facebook friend’s post…

“I nearly got killed today while driving, by a teenager on her phone who almost broadsided me. If I had not veered hard and drove off the road her SUV would have hit the driver side of my car head on. I was so shook up that I had to get out of my vehicle and calm down. When are people going to understand driving & talking on the phone impairs you like drugs and alcohol. Your focus goes to the phone and not your driving. The teenager never even stopped.”

Sadly, more and more people are witnessing first-hand the epidemic that cell phone usage is adding to driver’s distractions while behind the wheel. This is precisely why manufacturers of these mobile devices are taking some-what of a proactive stance by adding apps and sensors that detect when a vehicle is moving then shut off all incoming texts, social media notifications and calls to those devices. Although it’s the user’s responsibility for using these apps and sensors.

Luckily for my Facebook friend she still has fantastic reflexes and was able to swerve away from a head on collision. But, what if she wasn’t able to? What if there was no shoulder to pull over to? What if she had collided with the oncoming vehicle?

Over the years I’ve shared many articles about distracted driving, and yet it seems more and more people (not just teenagers) are entering the roadways while engaging in some sort of cellular activity.

Social media has given us the ability to connect rapidly with our fans, friends and followers and when we hear a ding we have to immediately check to see who is sending us what. Unfortunately, we’ve become conditioned like Pavlov’s dogs to check our devices constantly.

In 2015 a study was revealed that suggests the average cell phone user checks his/her phone 45 times per day.

But by 2017, that statistic jumped to 85 times a day. Yet, millennials (those between 18-26 years old) will check their devices up to 150 times per day.

Distracted driving is by all means negligent driving. Any time you take your eyes off the road to glance down at your phone you are putting yourself, your passengers or the traffic around you in danger. And depending on how fast you’re traveling a split-second glance to look at your phone could be all it takes to veer into another lane and cause an accident.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 29 2020

4mins

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Good podcast

By hairbeardown - Jul 10 2019
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I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.