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Personal Injury Primer

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.

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Ep 173 – Failure to Provide Worksite Respirator

Failure to Provide Worksite Respirator https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-173-Failure-to-Provide-Worksite-Respirator.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 personal injury law topics. We have previously discussed Occupational Safety and Health Administration (OSHA) safety rules that require employers to take steps to keep workers safe. This episode discusses the rules about respiratory protection where employees might be exposed to airborne contaminants. It is prompted by a call from a client who started a new job requiring him to go into an enclosed grain storage tank. He was sent into the tank without a mask or respirator, and he soon could not breathe. He passed out and required emergency transport to a hospital. When must employers provide respirators for employees? The National Institute for Occupational Safety and Health (NIOSH) explains how employers are to deal with worksite hazards. First, hazards must be eliminated if at all possible. Meaning the employer should physically remove the hazard from the workplace. Second, if the hazard cannot be removed, the employer should ask, can a safe substitute for the danger be used in its place? These two rules do not effectively deal with sending an employee into a grain storage bin. While I suppose fans could be used to physically remove the dust and other trapped gases in the bin, it would not be 100% effective. And, there really is no way to pump new clean, fresh air into the bin in such a way as to totally eliminate the dust, odors, and gases in the tank. So what next must an employer do? The third option is to use engineering controls to isolate people working in the bin from the hazard, in this case, bad air. How could this be done? Well, I suppose you could devise a remote camera-controlled robotic device to go into the bin. In doing so, you would isolate the humans. Obviously, this is something you would do in, say, a nuclear reactor. Keep the people out, and send in robots. Robotic controls would work well if the employee works for the police force and must defuse a bomb. But, the fourth fallback position is to provide personal protective equipment. In the case of a grain bin, personal protective equipment or PPE would work best. So the employer should have had a respiratory protection program to ensure that all employees are adequately protected from respiratory hazards. And, in fact, according to 29 Code of Federal Regulations (CFR) 1910.134, employers must create and maintain an individualized, written respiratory program if their employees use respirators. Also, employers must supply NIOSH certified respirators for their employees. But, does the employer meet its obligation by simply having masks available. Not likely. The employer should implement a written respiratory protection program with worksite-specific procedures explaining proper respirator use. A trained program administrator must lead the program. Minimum respiratory requirements for all contaminants can be found in 29 CFR 1910.134. Substance-specific standards (for substances like asbestos and lead) are found in 29 CFR Subpart Z. The employer must follow federal, state, and local respiratory protection regulations in each specific case. In some situations, a filtering facepiece (Dust Mask) is adequate. In other cases, a negative-pressure respirator is required. In still different situations, a powered air-purifying respirator might be needed. An employer should provide a necessary respirator based on the hazard and factors that might hinder respirator performance and reliability. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 173 – Failure to Provide Worksite Respirator first appeared on Personal Injury Primer.

5mins

14 Sep 2022

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Ep 172 – What Are the Consequences of Lying in Court?

Consequences of Lying in Court https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-172-What-Are-the-Consequences-of-Lying-in-Court.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 personal injury law topics. Today’s question comes from a caller who would like to know the legal consequence of lying to a court, in a deposition under oath, or in any setting under oath. Lying isn’t just a bad thing to do; it can have disastrous consequences on your case. When a plaintiff brings a case in court, you are declaring as the plaintiff that the facts you are asserting in court are true and that you have a valid claim.  If you’re lying about that claim, your case can be dismissed. A plaintiff who lies can have their case thrown out of court. If a defendant is lying, they can also be penalized.  They may, by default, be declared the loser in the case, or they may have specific issues foreclosed in their lawsuit. For example, suppose a defendant asserts a defense that they are not at fault. If the defendant is caught lying, the court, as a penalty, can bar the defendant from presenting evidence. Thus, the defendant will lose by default. A lying witness, whether a plaintiff, defendant, or just a third party witness, can be penalized criminally.  The penalty might be a fine. Or, they can be jailed if they have lied to a court of law. Perjury is making false, material statements of fact under oath.  Perjury constitutes a level six felony. A person convicted of perjury may be imprisoned for up to a year.  Penalties also can include a fine as high as $10,000. Some cases may justify a fine and imprisonment. Thus, there are real consequences to lying for the plaintiff, the defendant, or witness engaged in lying. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 172 – What Are the Consequences of Lying in Court? first appeared on Personal Injury Primer.

2mins

7 Sep 2022

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Ep 171 – Can You Recover for Lost Earnings in a Suit After a Motor Vehicle Crash?

Recovering Lost Earnings in a Suit After a Motor Vehicle Crash? https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-171-Can-You-Recover-for-Lost-Earnings-When-You-Sue-After-a-Collision.mp3 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 personal injury law topics. Today’s question comes from a caller who wants to know what damages you can get if you’re unable to work following a car crash? Let’s say you’re in a car accident that leaves you so injured that you’re unable to work for several weeks or months or maybe a year. Can you be compensated for those lost wages? The answer is yes. Earnings losses are typically calculated by first looking at your average weekly or monthly earnings before the crash. Then those average earnings are measured against the amount of time that you are deemed medically unable to work. In other words, average earnings times the amount of time you have lost from work equals earnings lost. The calculation can become very complex if you own your business or rent or purchase equipment that is part of your work. For example, what if you’re a truck driver and lease or own a truck, but you can no longer operate it? Obviously, part of your pre-injury earnings would be your labor. But, to make money off your labor, you need the truck to drive. If you can’t drive the truck because of an injury, you could pay someone to operate it for you. But what if you are in a coma and can’t hire someone to drive the truck? Here is another wrinkle, what if the truck is damaged in the crash and cannot be operated? You then are losing the value of your labor, and you are losing the value supplied by the truck. In most cases, you can recover for lost earnings and loss of what could be earned if you hired out the truck for others to use. See how the calculations can become very complex? What if you’re unable to return to work in the old type of work you were doing before you got hurt but can return to work in some other job? Maybe you earn less in the new job, but at least you can earn something. Well, the law does require that you try to work even if it’s in a less valuable earnings capacity, so to speak. For example, let’s say you are a concert violinist. You earned $60,000 a year but no longer can play violin due to a permanent hand injury. However, you can earn $40,000 a year by giving lessons to violin students. In this situation, an injured person can get compensation for the difference from what you would typically earn compared to what you are restricted from making due to your injury. In the violinist’s case, the difference would be $20,000.00 a year. The difference in earnings loss due to an injury that is not totally incapacitating is called loss of earning capacity damages. In other words, you can get compensated for lost earnings capacity just like you can be compensated for lost earnings. Sometimes an economic expert must calculate lost earnings or lost earning capacity because the calculations are very complex. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 171 – Can You Recover for Lost Earnings in a Suit After a Motor Vehicle Crash? first appeared on Personal Injury Primer.

3mins

31 Aug 2022

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Ep 170 – Get the Witnessed Name and Phone Number

Get the Witnessed Name and Phone Number https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-170-Do-your-best-to-get-the-name-of-a-witness-or-phone-number.mp3 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 personal injury law topics. Today’s question comes from a caller who indicated that a nice young man came up to her car right after the crash and asked if she was okay. He even stayed with her until the ambulance came. She thinks he was in the vehicle behind her and saw the whole crash. She thought that he would be named on the police report, but after she got out of the hospital, she saw that there was no information about a witness on the report. She wanted to know what could be done to try to locate the witness. This type of situation is one that attorneys all too frequently encounter. All too often, people who witness a crash will come to the aid of a crash victim, but they don’t give their name and phone number to the police officer. Or the police officer is too busy and fails to take down the person’s name or number. Sometimes though, we find that the officer does have information on the witness. Still, that info didn’t make it to the official report. We’ve had callers who have information that will help identify a witness just like this caller. This caller knew what the person looked like and remembered that they were very kind and helpful. But, she just doesn’t have a name, phone number, or license plate number. In the past, attorneys would place an ad in the local newspaper, hoping that a witness might read it and come forward. That worked only about 15% of the time. But few people read newspapers today as they did in the past. It is possible with social media to post something to one of the social media outlets and hope it will be seen. But that’s not often a good bet. Sometimes attorneys will go to news reporters to see if a reporter was contacted about a crash or came to the scene to take photos or investigate the collision. If you’re lucky and a news reporter does have the information it will give you a lead to help track down the mysterious witness. The lesson in all of this, though, is that it really pays to get a person’s name and number following a motor vehicle collision, if you can. Sometimes an injury victim just simply doesn’t have the presence of mind to ask for a phone number or name. But we always encourage people to do it and get into the habit of thinking about doing it just if they become crash victims. It doesn’t take much to get the information. It would be easy to ask the witness to speak their information into a recording to be kept on the phone with a smartphone. Or to type it into your phone for you. Or you could even change contact information between your phone and the witness’s phone. Or here’s an idea, ask the person to write their info down on a piece of scrap paper. Sometimes, an attorney will canvass the neighborhood where the crash occurred and find a security camera that captured some part of the collision and might lead to a license number. Or, we might find someone who saw the crash and saw the witness and knows the witness. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 170 – Get the Witnessed Name and Phone Number first appeared on Personal Injury Primer.

3mins

24 Aug 2022

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Ep 169 – Rammed from Behind at High Speed

Rammed from Behind at High Speed https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-169-Rammed-from-Behind-at-High-Speed.mp3 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 personal injury law topics. Today’s question comes from a caller who wanted legal advice based on the following scenario. He had been driving along at night and stopped for a stoplight. A driver headed in the opposite direction flashed his headlights numerous times, trying to get the caller to disengage his high beams. The caller did not have his high beams on, but apparently, the other driver thought that he did. When the light changed, the driver, who had been flashing his lights, quickly pulled behind the caller, doing an illegal U-turn, and driving at high speed, smashed into the rear of the caller’s car. The caller was upset because the police report didn’t reflect all of the information just described. Instead, it matter-of-factly reported that the caller’s car was rear-ended by the other driver. We get calls of this nature occasionally. The primary complaint that the caller had is that he believed that the crash was intentional. He pointed out that the fellow who rear-ended him got out after the crash and started yelling, flipping him off. After listening to the caller, who was obviously upset about what happened, I asked.  What do you think would happen if you proved that the other driver intentionally rammed you, intending harm to you? The caller said that he thought that the fellow’s insurance company would pay more money in the case if it could be made to understand that the crash was intentional. When I pointed out that proving an intentional act would have the exact opposite effect, the caller was very confused. Here’s the law in a nutshell. When you buy liability insurance to protect you from negligently colliding with another car, that insurance invariably excludes coverage if you act intentionally to cause a crash. In other words, insurance covers unintentional acts of carelessness. It rarely covers an intentional action where the insured purposely harms someone by ramming a car into them. So in most cases, the last thing you want to do is claim that the other driver intentionally harmed you. Most policies will cover negligent conduct and reckless conduct, but usually, intentional conduct is excluded. So if the fellow that hits you from the rear is a billionaire, and you don’t care whether he has insurance, you can go ahead and work hard to prove intentional harm. But in almost every other circumstance, you wouldn’t want to go to the effort of trying to prove he intended to harm you. Moreover, as a practical matter, proving intentional conduct would be difficult. Perhaps in the caller’s case, the person who rear-ended him tried to slam on his brakes and just scare him. Still, the car got away from him, and he ended up accelerating instead of applying his brakes. Unless you can get inside the person’s mind, it is challenging to determine if a particular act was intentional or not. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 169 – Rammed from Behind at High Speed first appeared on Personal Injury Primer.

3mins

17 Aug 2022

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Ep 168 – Failure to Diagnose Blood Clot Malpractice?

Failure to Diagnose Blood Clot Malpractice? https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-168-Failure-to-Diagnose-Blood-Clot.mp3 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 personal injury law topics. Today’s question comes from a caller who wanted to know if the following situation presented a malpractice case. He went to the Emergency Room complaining of pain in his legs. He was concerned that he might have a blood clot since he had a history of clotting. The ER ran some tests and reported that he had some blood clotting signs, but the CT scan came back normal. The doctor who sent him home told him to return to the emergency room if he had continuing problems. Five days later, he went to another emergency room and found that he did have a blood clot in the lung, called a pulmonary embolism. He wanted to know if he could sue the first emergency room for sending him home. When you have a fact situation of the type just described, where the patient goes to a doctor, some tests are run, the tests do not conclusively show a severe condition. Is it malpractice to send the patient home? As you might expect, proving that the first doctor made a mistake could be very difficult. First, you have to show that circumstances remained the same for all of those five days before the patient went to another doctor. Second, you’d have to show that whatever disease condition eventually presented itself to the second doctor, was the disease the patient had when he left the first doctor and was sent home. These two questions have to be answered with admissible evidence. If you are going to go into court, you have to present evidence. What people call proof. You have to prove your case. You can’t simply make an allegation that the first doctor made a mistake. And, if you sue, you have the burden of proving your case by the preponderance of the evidence. So, the case as described by the caller is somewhat problematic. It doesn’t mean it would be impossible to prove that the first doctor dropped the ball, but it may be complicated to prove. On the other hand, what if the first doctor misread a CT scan? In other words, suppose that the first doctor did follow proper medical protocol and did do a CT scan and reported to the patient that the imaging showed no clotting. But, on further review by another doctor, examining the same CT scan images a blood clot is visible. Now you might have a case. Why? Because you now have evidence that you can present to a jury showing “look ladies and gentlemen of the jury, here is an image showing that the first doctor sent the patient away when there is clearly a blood clot present.” But, you need to look at a third component: was the patient harmed by the delay in diagnosis? In the caller’s instance, the patient was not harmed. He went home, his symptoms worsened, he sought further treatment as instructed, the clot was addressed with drugs that dissolved the clot. The patient was just fine. Because of the need to evaluate evidence, most attorneys will request that the caller gather their medical records and bring them in when they receive a call like this one. But, they will only do so if the patient is harmed. Why? Because if the patient is not harmed, it makes no difference if the first doctor made a mistake. The old adage “no harm, no foul” comes into play. It is not a technical legal rule. But, it is a truism that applies in such situations. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 168 – Failure to Diagnose Blood Clot Malpractice? first appeared on Personal Injury Primer.

4mins

10 Aug 2022

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Ep 167 – Can a Witness in a Civil Action Assert the Fifth Amendment

Can a Witness in a Civil Action Assert the Fifth Amendment https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-167-Can-a-Witness-in-a-Civil-Action-Assert-the-Fifth-Amendment.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 personal injury law topics. Today’s question comes from a caller who was hit by a drunk driver. She said at the DUI criminal trial, the defendant asserted his Fifth Amendment right not to testify. She wanted to know could the drunk do the same in the civil suit she wanted to hire us to file against the drunk driver? A witness in a civil action may assert a privilege against self-incrimination. The Fifth Amendment privilege against compulsory self-incrimination can be asserted in a civil or criminal, administrative, or judicial proceeding. It protects against any disclosures which the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be used against the witness. But if a witness or party refuses to speak based on the Fifth Amendment in a civil case, won’t that look like something they have something to hide? The answer is, of course, yes. So courts usually allow a jury, in a civil case, to draw an adverse inference from the witness’s refusal to testify. Keep in mind such an inference would not be permitted in a criminal case. This means that if a prosecutor refuses to prosecute a crime, for example, a gun discharging and resulting in injury, claiming that the evidence is too circumstantial to justify a prosecution. The victim might still sue in civil court alleging negligent discharge of the gun. Then at trial, the victim’s attorney could call the defendant, let him assert his 5th amendment privilege in front of the jury, and refuse to answer questions. The jury would then hear the refusal to testify. Of course, if the criminal charge is concluded through a plea bargain or dropped, a civil court might well require the defendant to testify in the civil case. It would, of course, depend upon potential exposure to other criminal charges. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 167 – Can a Witness in a Civil Action Assert the Fifth Amendment first appeared on Personal Injury Primer.

3mins

3 Aug 2022

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Ep 166 – What Information is Stored in Car Event Data Recorder

 What Information is Stored in Car Event Data Recorder https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-166-What-Information-is-Stored-in-Car-Event-Data-Recorder.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 personal injury law topics. Today’s podcast discusses the modern technology available in most cars that will record what happens to the vehicle during a crash. The recording device is called an Event Data Recorder or EDR. These devices are like the infamous black box device on airplanes. So, what information does the automotive EDR record? Well, most will record whether the driver had their foot on the brake or on the gas pedal at the time of the crash. Also, typically, they will record the car speed at the time of impact, whether passengers were wearing seatbelts, and whether airbags deployed. The data is considered reliable in most situations. Trial court judges will allow evidence of the data recorded at the time of the crash if a qualified expert is available to decipher the data recorded by the device. Event Data Recorder information has been admitted in both civil cases and criminal cases. Does the EDR information serve any other purpose besides determining what happened at the time of the crash? In most cars, the data is accessible by mechanics to help them diagnose what may be going wrong with the vehicle. So the EDR may be accessed when you take your car in for routine repairs. An EDR device will only record for a set time surrounding an event. In some situations, it might be 20 to 30 seconds worth of data. The National Highway Transportation Safety Administration periodically makes rules specifying the types of data collected by an EDR. In addition to the categories of data already noted, the EDR will collect data on side-to-side acceleration, rearward acceleration, driver steering input, electronic stability control systems engagement, and antilock brake activity. So if a car has EDR information, how do you access the information? This is where things get tricky. A device is required to download the data, and then it has to be analyzed. Additionally, it’s essential to make sure that the data is not tampered with at the time of download or at any other time before or after download. It is essential to hire someone capable of interpreting the data correctly. For example, if the car is on an icy road, and the wheels are spinning, but the vehicle is not getting traction, the recorder may show a faster wheel speed than the actual vehicle speed. Conversely, suppose the wheels are locked up, and the vehicle is sliding on ice. In that case, the wheel speed may suggest no car motion while the car is gliding along at a rapid pace. Consequently, top-notch experts will be required to analyze the data stored in the EDR and compare it to the actual physical evidence of a crash scene to draw reasonable conclusions. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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 TruthThe post Ep 166 – What Information is Stored in Car Event Data Recorder first appeared on Personal Injury Primer.

3mins

27 Jul 2022

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Ep 165 – Highway Design Is Responsible for My Accident

 Highway Design Is Responsible for My Accident https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-165-Highway-Design-Is-Responsible-for-My-Accident.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 personal injury law topics. Today’s question comes from a caller who was in an accident and believes that the highway design played a significant role in causing the crash, and asked about her legal rights to sue the highway designer. Every once in a while, a motor vehicle crash will end up being the product of a highway design defect. Highway engineering and design have improved dramatically from what it was 50 years ago. What do we mean by highway design liability? For example, highways and streets are designed to uniform traffic control from location to location. For example, a stop sign in Georgia means the same thing as a stop sign in Indiana. But it’s much more than that. We are talking about uniformity and pavement materials uniformity in markings on the pavement etc. It becomes essential when discussing barricades in channeling devices designed to direct traffic from one lane to another. Engineers and lawmakers have created what they refer to as Manuals on Uniform Traffic Control Devices. These manuals can run hundreds of pages. For example, let’s discuss the roundabout intersection. There are specifications for markings roundabout intersections. As we all know, roundabout intersections are distinctive circular roadways, and they have critical characteristics including: A requirement to yield the right-of-way to other vehicles on the circular roadway; A deflection of approaching vehicles around the central island; and A flare or widening of the approach to the intersection. Roundabout intersections have to be marked correctly and uniformly. When drivers encounter them, they must know how to move safely about the roundabout. Roundabouts become more complicated where crosswalks are added, and more than one lane is going around the circular intersection. Most of the time, you will find that those involved in constructing these intersections do a great job initially creating the intersection. In other words, when the intersection first opens to traffic, all of the painted arrows and markings are visible. But what happens when those markings fade? Without proper pavement markings, the motorist is left to guess how to safely navigate around the intersection. Leaving motorists to guess at when to yield to other vehicles and under what circumstances rarely leads to safe motoring. In these complex intersection situations, the liability of the highway department charged with constructing and maintaining the intersection is often a factor. This example is just the tip of the iceberg. There are many more situations where highway design becomes critical. Frequently we must deal with a situation where traffic barriers placed to protect people who might accidentally run off the road are not correctly constructed to absorb impact force and protect the vehicle occupants. The improperly constructed barrier can fail its protective function if it puts a motorist who lost control on ice in the hospital, instead of protecting them from serious injury. At other times a funneling of traffic down from two lanes to one lane is done without adequately permitting sufficient travel flow to allow for an orderly transition of traffic to the single lane. In still other cases, we have encountered the extreme danger posed when the timing of traffic signal devices has broken down or become corrupted so that westbound and eastbound traffic has a green light at the same time northbound and southbound traffic has a green light. Not to be overlooked is the dangers posed by speed humps. When these devices are not carefully marked, or markings degrade, operators can be exposed to extreme danger. If you’re concerned that signs, pavement markings, barricades, and the like have somehow played a part in a collision, it is best to consult an attorney. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”  The post Ep 165 – Highway Design Is Responsible for My Accident first appeared on Personal Injury Primer.

5mins

20 Jul 2022

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Ep 164 How Do You Prove Traumatic Brain Injury?

How Do You Prove Traumatic Brain Injury? https://personalinjuryprimer.com/wp-content/uploads/2022/04/Podcast-164-How-Do-You-Prove-Traumatic-Brain-Injury.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 personal injury law topics. This episode again addresses traumatic brain injury (TBI). One of the tasks of an attorney representing an injury victim is to find ways to present evidence to a jury to make the complex subject of brain injury understandable. The concept that direct trauma to the head can cause brain injury is readily demonstrable. But, permanent brain injury is not limited only to situations involving blunt head trauma. What do we mean by direct and indirect? Direct would be a blow to the head. Indirect would include abrupt movement of the head where the brain impacts the skull and is damaged during the impact. The challenge for attorneys is to, through expert testimony, help jurors visualize what may otherwise seem to be “invisible” injuries. The goal is that jurors have an opportunity to fully and fairly assess the harm suffered by the injury victim. There are a variety of ways to break the complex down into simple terms. Treating medical doctors are not often called upon to explain the mechanism of a TBI injury. However, most do very well describing how symptoms such as chronic pain, post-traumatic stress disorder (PTSD), and depression can be causally connected to traumatic brain injury. It is helpful to ask questions designed to disclose complex information in small bite-sized chunks. To ask the right questions, the attorney has to learn the medicine. Then the attorney must forget what has been learned and ask the question as someone unfamiliar with the medical complexities would ask it. Medical diagrams and illustrations can be a big help. Animations showing what happens to the brain when direct trauma is applied to the head, or showing what happens to the brain during rapid deceleration in a crash, can be an immense help also. PowerPoint slides can also assist during expert testimony to provide a visual itemization of symptoms and test findings. Sometimes, having a skilled technician explain the purpose of a medical test can illustrate how a brain injury impacts a person. Co-workers, friends, and relatives can explain changes observed in the patient before and after the injury. Attorneys must work to bring all of this evidence together. In short, the attorney is much like the conductor of a symphony orchestra. The attorney’s job is to ensure that the full injury story is conveyed to the jury in an understandable manner. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 164 How Do You Prove Traumatic Brain Injury? first appeared on Personal Injury Primer.

3mins

13 Jul 2022