odds of dying in a fall accident
The statistics are frightening. According to the National Safety Council, one out of 114 people in the U.S. are likely to die as a result of a fall.  In 2017, 36,338 Americans suffered a fatal fall. In addition, over 2,790,000 older Americans are treated in emergency rooms every year for fall injuries, according to the Centers for Disease Control. Your Legal Rights “Slip and fall” is a term used when an individual slips or trips and is injured on someone else’s property. It can occur at a residence, restaurant, commercial property, retail store, nursing home, city street, or just about anywhere at all. And data reveals that “slips and falls” (12 percent of all falls) are the primary reason for over one million hospital visits. Causes of Slip-and-Fall Accidents Slip-and-fall accidents happen for many reasons; these are some of the most common causes: slippery surfaces torn carpeting poor lighting worn or narrow stairs wet floors ... Continue Reading
Premises Liability, Wrongful Death
Accidental deaths have hit an all-time high in the U.S., at least since government agencies have kept records on the causes of death. About 466 people die accidental deaths every day in the U.S. – one every three minutes. It’s clearly bad news that highlights so many challenges Americans are currently facing, including an opioid epidemic and the persistent uptick in the number of vehicle crash-related deaths. You might be wondering what makes a death accidental, and it’s a great question. The Centers for Disease Control and Prevention classifies accidental deaths as those that are unintentional and preventable. Accidental deaths don’t include deaths caused by violence or cancer, for example. They are the deaths that should never have happened, which is important for a reason we’ll get to shortly. First, it’s worth tackling the label itself. “Accidental” isn’t the greatest word for these types of death. “Accident” implies that no one is at fault for ... Continue Reading
Wrongful Death
Wrongful death claims in Indiana
If a member of your immediate family was killed due to negligence or an intentional act of another, you need to know how to file a wrongful death lawsuit in Indiana to seek compensation for your loss. You need to learn who can file these types of legal actions and what can be sought by them are controlled by Indiana statutes and court cases interpreting them. In order to file a wrongful death lawsuit, the following must be met: The deceased apparently died due to negligence or because of an intentional act of another, You are allowed by statute to benefit from the lawsuit, You seek damages allowed by state statute, and The filing occurs within two years of the person’s death. The deceased apparently died due to negligence or because of an intentional act of another The plaintiff (the party bringing the lawsuit) has the burden of proving the defendant (the party being sued) ... Continue Reading
Wrongful Death
Hit and run accident
Being struck by a vehicle while walking on the side of, or crossing, a street is traumatic enough, but what do you do if the driver doesn’t stop? That’s an increasing problem in Indianapolis, reports Fox 29 News. Even if the driver escapes the scene after hitting you, you still may be able to obtain compensation for your injuries. In the first nine months of 2018, a dozen people were killed in Indianapolis in hit-and-run accidents, according to the report; and there are thousands of such accidents happening in the city. Three years ago, 5,049 hit-and-runs were reported to the Indianapolis Metropolitan Police Department (IMPD). They caused 543 injuries. In 2017, the number of reported hit-and-runs increased to 5,539, with injuries going up to 594. IMPD’s chief crash investigator, Sgt. Doug Heustis, stated that in most fatal hit-and-runs the driver is impaired by alcohol or drugs. The driver may be so impaired that he or ... Continue Reading
Pedestrian Accidents, Vehicle Accidents
Could tech reduce truck accidents
We may be in a period of time when technology’s ability to change our transportation system has never been greater. Though developments in the past impacted how vehicles are powered and their safety, today’s technology is shaping the future of the relationship between drivers, including those in commercial vehicles, and their vehicles. This technology has the potential to do many things, including reduce the threat fatigued drivers pose to themselves and others on Indiana’s roads. Technology may greatly reduce the number of drivers of commercial trucks, whether they’re fatigued or not. Though it’s not ready to be put safely on the road yet, given enough time, improved software and greater computing capacity, the replacement of a large number of truck drivers may be inevitable. In the short term, just as technology is being used to make passenger vehicle drivers more aware of the dangers they may be getting themselves into, the same is happening with ... Continue Reading
Truck Accidents
March is Brain Injury Awareness month
Traumatic brain injury (TBI) is a common and potentially life-changing condition. This month is designated Brain Injury Awareness Month to make people more aware of the problem and encourage them to take steps to prevent TBIs. If you or a loved one has suffered a serious TBI because of another party, contact an Indianapolis brain injury lawyer to learn about your rights to possible compensation for your injuries. A TBI can occur when a blow, jolt or other trauma — like a fall or vehicle accident — causes damage to the brain. This can occur when the head violently shakes back and forth and the brain strikes the interior of the skull or an object strikes and penetrates the skull, directly injuring the brain. Who suffers from brain injuries? Each year, millions of people in the U.S. sustain a TBI, according to the US National Library of Medicine. More than half are severe enough to ... Continue Reading
Personal Injury
If you’ve been seriously injured in an Indiana vehicle accident, you may be affected in any number of ways. You may be temporarily or permanently disabled. You may have suffered serious scarring and/or chronic pain and you may have lost a lot of time at work, perhaps so much that you lost your job. You may be entitled to compensation for the harm you’ve suffered, but how much? There are many factors that determine what a settlement may be worth, but they mostly boil down to the facts, the law and the strength of the evidence supporting your claims. In most vehicle collision cases, the plaintiff (the party filing the suit) sues the defendant (the party accused of causing the accident, whose insurance company normally pays for a legal defense, settlement or verdict, up to the policy limits) for negligence (unless there’s evidence the plaintiff was intentionally struck). Negligence is a legal theory by which ... Continue Reading
Vehicle Accidents
Brain injuries can create lifelong disabilities. They can prevent you from working, impair your ability to think, change your personality, result in emotional problems, impair you physically and cause chronic pain. If you’ve suffered a brain injury because of the negligence or an intentional act of another party, you may have legal rights to compensation. We know the process of how to file a brain injury claim can be difficult. Let us help you through the process. Traumatic brain injury (TBI) is a major cause of death and disability in the U.S., according to the Centers for Disease Control and Prevention (CDC). It can be caused by a bump, blow or jolt to the head that disrupts the normal brain function. There were about 2.8 million TBI-related emergency department (ED) visits, hospitalizations, and deaths in the U.S. in 2013. That year, TBI … Contributed to the deaths of nearly 50,000 people, and Was diagnosed in ... Continue Reading
Catastrophic Injuries, Premises Liability, Worker Injury
December 20, 2018

How to Report a Work Injury

If you’ve been injured in the workplace, you’ll be happy to know that most employers are required to have workers’ compensation insurance. Ideally, this means that the only thing between you and the compensation for your injury is a little bit of paperwork. This article will guide you through the process of how to report a work injury in Indiana. Sometimes injuries just happen. But sometimes injuries happen because an employer or other responsible party has neglected to take required safety measures to protect employees. If you’ve been injured and think it may have resulted from negligence on the part of your employer, contact McNeely Stephenson. We offer a free consultation and will be able to let you know if you may have a legal case. How to Report a Work Injury The first step in reporting your work injury is to give your employer notice that the injury has occurred. This notice must be ... Continue Reading
Worker Injury
What’s Driving the Increase in Truck Accident Fatalities?
Highway fatalities have become increasingly common in recent years, but deaths involving semi-trucks and other big trucks have become even more widespread. While death rates in all types of vehicles have gone up, trucking deaths have increased at a rate of almost three times the rate of other types of fatalities. More than 4,300 people died nationwide in 2016 from accidents involving big trucks. That figure is an increase of 28 percent since 2009. That’s the equivalent of two packed 737 aircraft crashing each month and killing all the passengers onboard. According to John Lannen, a representative of the Truck Safety Coalition, “If air carriers or railroads reported similar numbers, there would be national outrage.” The two main factors in this rise in fatalities are increasing speed limits and a lack of regulation. Let’s take a closer look. Increasing Speed Limits Higher speed limits mean more deaths. Higher speed limits on busier highways with big ... Continue Reading
Truck Accidents
Drive-Safe Act: A Look Under the Hood
Three senators introduced the DRIVE-Safe Act to Congress in August. The controversial bill, which would lower the age requirement for driving a big-rig across state lines to 18, is meant to combat a growing shortage of truckers in the American economy. Currently, 18-year-olds are allowed to drive big-rigs, but they may not cross state lines until the age of 21. The Trucker Shortage America has a major truck driver shortage. American shippers need another 51,000 drivers to meet the freight demands generated through major corporations like Amazon and Walmart. Many companies offer major signing bonuses for drivers. Supporters of the DRIVE-Safe Act say that the bill will bring in new drivers to meet the demand. They say many people who might want to become truckers after graduating high school get turned away because of their age, and then they never come back. The DRIVE-Safe Act is meant to give drivers a chance to get started ... Continue Reading
Personal Injury, Truck Accidents
Winter Months Most Dangerous for Truck Crashes
Truck accidents are some of the most dangerous accidents on the road. While the driver of a big rig is often protected from the effects of an accident, the typical 3,000-pound passenger vehicle is no match for an 18-wheeler weighing 80,000 pounds and traveling at highway speeds. Accidents involving big trucks are much more likely than other accidents to prove fatal. When they prove fatal, the driver of the truck is only very rarely the party killed. Truck crashes become more common during the winter months, and this article will give you a little more information about these facts. Increase in Dangerous Truck Crashes During Winter Over the last few years, the number of truck crashes in Indiana has generally peaked around the month of January, although the whole period from October to March has more truck crashes than the rest of the year. In 2014, for example, the Indiana State Police Automated Reporting Information ... Continue Reading
Personal Injury, Truck Accidents, Vehicle Accidents
Motorcyclists Using Cell Phones???
Indiana saw the nation’s steepest spike in motorcycle-related deaths between 2016 and 2017. Early indications appear to point toward another increase in deaths among motorcyclists in the state. According to Will Wingfield of the Indiana Criminal Justice Institute, “That’s something we don’t want to see.” Wingfield suggests that the increase in motorcycle deaths can be traced to an increase in the number of inexperienced drivers and an increase in drunk driving. But at least one industry insider believes distracted driving is another cause. Incredible as it may seem, motorcyclists text while driving. Texting While Motorcycling Some things you just have to see for yourself. A Montreal man was photographed using his cell phone while driving down the highway. Some motorcyclists really do go down the road at highway speeds with their eyes on their phones instead of the road. If that’s not enough for you, there’s even a rig available for people to mount their ... Continue Reading
Distracted Driving, Motorcycle Accidents
The Critical Problem of Vehicle Fatalities in Indiana’s Workplaces
We often think of our workplace in simple narratives: we sit behind a desk; we teach in a school; wear a hard hat and get dirty; or, maybe, cook with food. However, the reality is that our jobs usually include a variety of responsibilities. Consider the hospital-sponsored home health care service where the nurse is exposed to common hospital workplace risks, but also the risks associated with driving to and then helping care for someone in their home. Just like life, our jobs can be complicated. The most recent (2016 data) Indiana Census of Fatal Occupational Injuries (CFOI) report reflects this variety and the myriad causes of workplace fatalities. Perhaps you think that the construction worker’s life is most at risk. Or perhaps you believe the factory worker or the utility worker encounters the most hazards. You might be surprised to read the report’s findings. Transportation: The Most Deadly Work Activity The number of Hoosiers ... Continue Reading
Personal Injury, Worker Injury
Green Jobs: Are They as Hazardous as Traditional Jobs?
The renewable energy job sector is surging in Indiana—green jobs associated with such employment amount to 2.7 percent of our workforce. Indiana’s share of renewable energy jobs, 83,752, is the second highest of all the Midwest states. And, within our state, Indianapolis (Marion County) leads the pack. While we might imagine some green jobs to be safer, “nicer” jobs, the fact is that the workplace injuries and fatalities from such jobs are very much like those in more traditional industries, according to the Occupational Safety and Health Administration (OSHA). Indiana’s Green Jobs Profile “Clean energy” jobs span industries from the renewable energy field to auto manufacturing to HVAC installation. In our state, the four largest areas in which green jobs are found are: Energy efficiency (high-efficiency HVAC installation and retrofitting, lighting, and materials): 64.4 percent of green jobs Advanced transportation (hybrid and fully electric vehicles, fuel cell vehicles, and alternative fuels): 17.3 percent of green ... Continue Reading
Personal Injury, Worker Injury