Category: Wrongful Death
August 13, 2018 /
Liability and the Duck Boat Calamity

Duck boats have become popular for visitor tours, possibly because they are quirky and versatile. As amphibious vessels, they can travel both on water and on land because they have tires. But near Branson, Missouri, a duck boat sank on July 19, 2018, during a thunderstorm. The Table Rock Lake tragedy killed 17 people, including nine from one family alone; only one female family member survived. The vessels have a checkered past when it comes t...

July 30, 2018 /
A “Wake-Up Call”?

Among young adults, the death rate from 1999 to 2013 dropped 33 percent. However, the death rate abruptly reversed direction between 2013 and 2016, rising 12 percent.  According to a recent report released June 1, 2018, by the National Center for Health Statistics at the U.S. Centers for Disease Control and Prevention (CDC). the increase in deaths is due to motor vehicle accidents, drug overdoses, suicides, and homicides, and not to illnesses li...

June 18, 2018 /
What Are the Real Reasons for Motor Vehicle Crashes?

Sometimes, establishing the reasons for a car crash is complicated. One factor that can make determinations even more imprecise is that state crash report forms used at the scene often lack the appropriate fields or places to enter codes that would explain the precise reason for the collision. Because each state uses its own form, no consistency exists. Compiling accurate national statistics becomes difficult, producing results that are just plai...

March 5, 2018 /
Third-Party Wrongful Death Lawsuits

Wrongful death lawsuits are brought when someone’s death is caused by the wrongful actions, or negligence, of another party. Often wrongful death suits are filed directly against the party that caused the harm, such as an employer whose neglect of workplace safety or non-compliance with safety regulations caused an employee to die. In these cases, a lawsuit can be filed on behalf of the family members who are suffering from the loss of company ...

March 1, 2018 /
Carbide Industries Fatality: Preventable?

It is arguably a family’s worst nightmare when the breadwinner dies on the job. But just such a tragedy occurred on February 15, 2018, at the West Louisville Carbide Industries plant, located in the Rubbertown neighborhood. At approximately 4:30 a.m., a 38-year-old worker was electrocuted at the plant. Efforts by first responders to resuscitate the man were unsuccessful; he was declared dead an hour later at University Hospital. The Occupati...

January 22, 2018 /
Saving Lives with Truck Safety Technology

A 15-month study, undertaken by the AAA Foundation for Traffic Safety, concluded that as many as 63,000 large-truck-related crashes each year could be prevented using video-based onboard safety monitoring systems. The study, “Leveraging Large Truck Technology and Engineering to Realize Safety Gains,” determined that an additional 14,000 large-truck-related crashes could also be averted if large trucks used lane-departure warning systems, auto...

January 18, 2018 /
Types of Wrongful Death Damages in Indiana

We say that a wrongful death has occurred when someone has died due to the carelessness, negligence, or wrongful actions of another party or parties. In such a case, a lawsuit can be filed on behalf of family members who are suffering from the loss of companionship and financial support that the deceased would have provided. Wrongful deaths can occur in cases of medical malpractice, work accidents, and personal injury situations (such as vehicula...

November 28, 2017 /
Bicycle Deaths: It’s No Longer Mostly Children

More than 40 years ago in 1975, over three-fourths—78 percent—of all bicycle traffic deaths happened to those aged 20 and under. But by 2015, the average age of a cyclist who died while riding their bike was 45, an enormous change. Adult cyclist deaths now comprise 88 percent of all bicycle fatalities, with the number of deaths going up by an average of 55 a year. If you are one of the many adults who ride their bicycle to commute or run err...

April 4, 2017 /
Two Recent Wrongful Death Cases Brought Against INDOT

It’s not every day that a wrongful death case is brought against the state government concerning a fatal traffic accident. In the past few months, we have had two cases brought against INDOT—the Indiana Department of Transportation. Case #1: Failure to Properly Maintain the Roadway In December, 2014, a man was driving his truck near Trafalgar, Indiana, on State Road 135 when he was hit head-on by a truck coming from the opposite direction in ...

March 28, 2017 /
The Differences Between Wrongful Death and Survival Action Cases

If you are considering a wrongful death action, you may have heard about a survival action, and thus have questions about the differences between the two legal situations. We at McNeely Stephenson are here to help you understand your options. Both wrongful death actions and survival actions are governed by state law. In Indiana, you are allowed to pursue both wrongful death actions and survival actions. Before state laws existed, any personal in...

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