The Law Blog of Bill Hurst

Bill Hurst's personal blog features research, legal news, and case reviews and analysis from past experiences working as a lawyer in Indianapolis. You can find his full blog at Hurst Injury Law

WHAT HAPPENS TO YOUR BRAIN DURING A CONCUSSION? – YOUR TRAUMATIC BRAIN INJURY LAWYER

Published on April 30th, 2012 at 4:05pm

A concussion is a traumatic brain injury (TBI) that may result in bad headaches, altered levels of alertness or even unconsciousness.  It interferes with the way your brain works and it can affect memory, judgment, reflexes, speech, balance, coordination and sleep manner.  A concussion can result from a slip and fall accident, sports activities or car accidents. Significant movement of the brain in any direction can cause you to lose alertness.  How long you remain unconscious may be a sign of severity of the concussions but all concussions don’t involve a loss of consciousness and indeed most people who have a concussion don’t ever “black out.”  In a motor vehicle accident head injuries that result in a concussion are often associated with injury to the neck and spine; especially in rear end auto collision.  Immediately after such a concussion you may be withdrawn, easily upset or confused.

You may have a hard time focusing or concentrating and have headaches.  Certainly young people with a concussion from sports should avoid playing sports until your doctor releases you to return to normal activity.  Some children may need several months before it’s okay to participate again as multiple concussions can lead to severe permanent problems.  Severe concussions can include bleeding in the brain or brain injury that results in permanent physical, emotional or intellectual changes.  The second impact syndrome is when a person gets a second concussions while still having symptoms from the first one. This raises the risk of brain swelling which can be deadlyhttp://www.ncb.nlm.nih.gov These are often seen in sporting events and are more recognized as a risk for football players of all ages.

 

Although concussions are usually caused by a blow to the head they can also occur when the head and upper body are violently shaken.  Often a person who is in an automobile accident can have this type of concussion and not realize it.  Every concussion injures your brain to some extent and these injuries need time and rest to heal properly.  While most concussive traumatic brain injuries are mild and people usually recover fully, a certain percentage do not.  www.mayoclinic.com/health/concussion/DS00320 It is the rotational movement of the brain inside the cranium and the shearing forces affecting the upper reticular formation that create torque which leads to the typical loss of consciousness.  These forces cause the brain to move in a swirling fashion and contact the inner prominences of the skull.  Such movement makes the brain bump into the interior of the skull at the point of impact as well as the opposite side of the skull, resulting in contusions (bruises) that damage two sites of the brain.   A concussion involves a host of effects that emerge several hours or days after the trauma.  It is critical that a physician monitor these secondary tissue damages as they are frequently the origin of significant long term effects including brain damage, cognitive deficits, psychosocial/behavioral/emotional changes, and bio mechanical changes at the cellular level.

Concussions and other brain injuries are fairly common.  About every 21 seconds someone in the United States has a serious brain injury and, once again, the most common reasons people get concussions is sports injuries such as in football, boxing and hockey.  This is true even with the use of protective head gear.  The symptoms of a concussion may include:

 

  • Seeing stars;
  • Feeling dazed/dizzy;
  • Memory loss – trouble remembering things that happened right before the injury;
  • Nausea or vomiting;
  • Headaches;
  • Blurred vision and sensitivity to light;
  • Slurred speech and saying things that don’t make sense;
  • Difficulty concentrating or thinking or making decisions;
  • Difficulty with coordination or balance;
  • Feeling anxious or irritable; and
  • Feeling fatigued

 

While someone who has a simple concussion usually has these symptoms and are better in 7 to 10 days, some concussions are more complex and people experience persistent symptoms over a long period of time.  During the first few days following a concussion people should rest.  Both physical and cognitive rest are important, and certainly if you have a more complex concussion you must see a brain injury specialist.  The doctor will do a thorough examination of the nervous system and rule out some of the more serious problems which may result, such as bleeding or other issues with the brain.  Certainly if the symptoms last longer than a week the patient may require further testing of thinking, memory and reaction time and other brain functions.

A person who has a concussion and hasn’t recovered within a few months is said to have post-concussion syndrome.  That person may have the same problems described above such as poor memory, headaches, focus issues, and irritability and these can last for a longer period of time and may even become permanent.  Someone who has these kinds of problems continuing after a concussion may also be referred to a rehabilitation specialist for additional help.  www.kidshealth.org>Teens> Staying>Safe  In the more serious cases of post-concussive syndrome a brain subjected to a violent force could be torn, sheared, crushed or displaced and tissue can be destroyed.  It can bleed, swell, and occasionally it might even shut down.  This condition is known as traumatic brain injury.  This type of injury can easily impair the ability to think, do and know.  Memory, mood and attention are the top 3 complaints of brain injury patients.  Often there are personality changes, including rapid mood swings, alternating with waxing and waning energy levels.  The overall effect can be profoundly disabling.For a brain injury checklist see www.headinjury.com/check also www.ncbi.nlm.nih.gov>Home> Diseases>And>Conditions

 

If you or  a loved one has suffered a brain injury at the fault of another, you should consult an experienced personal injury lawyer.  Our office has represented hundreds of seriously injured clients ; many of whom required long term care. You can see our website at www.billhurst.com or call for a free consultation at 1-800-636-0808.  We only charge a fee if we recover for your family.

www.indianapolisabogado.com

The following is a blog featured on Bill Hurst's personal blog site, Hurst Injury Law. To read the full article, please visit "WHAT HAPPENS TO YOUR BRAIN DURING A CONCUSSION? – YOUR TRAUMATIC BRAIN INJURY LAWYER

• LAWSUITS INVOLVING CHILDREN INJURED WHILE AT AN INDIANA DAYCARE – YOUR INDIANA DAYCARE ACCIDENT LAWYER

Published on April 12th, 2012 at 6:38pm

In August of 2008 in Greensburg, Indiana, a parent of a toddler dropped off their 2 year old daughter and two hours later a large console television fell on her daughter crushing her eye sockets, pallet, nose and cheekbone.  It will be many years before she’ll recover because of her age and how things grow.  Unfortunately this kind of an event is not uncommon.   http://www.wthr.com/story/9412088/parents-push-for-day-care-licensing-after-toddlers-accident

 

Indy Channel 6, RTV6, ABC, RTV6 recently did an investigation reviewing a year’s worth of complaints validated by the State’s Family and Social Service Administration Bureau of Childcare and found daycare centers cited for various violations such as having too many children per staffer, staffers using alcohol and cigarettes around children, inappropriate discipline (such as biting and spanking), and even child abuse and neglect.  The Bureau of Childcare gets approximately 1,200 complaints a year and they follow up on all of them.  They have indicated that about 20% of the complaints are validated by State inspectors.  This information may be found online at www.theindychannel.com\news\ 27866630\detail.html and can be seen at the Family and Social Services Administration website. For Indiana daycare inspection reports see www.ehow.com/how_832560_daycare_inspection_report_Indiana.html

 

Indiana law has designated the Indiana Family & Social Services Administration, a division of Family Resources, to regulate childcare in the State of Indiana.  Indiana has a number of rules and regulations which are be applicable to daycare centers created by the Indiana State Department of Health and the State Fire Marshall.  These rules/regulations may be found at http://www.in.gov/legislative/ic/code/title12/ar17.2/ch4.html. In Indiana, the Bureau of Child Care conducts annual investigations regarding child abuse and negligence of employees and volunteers at daycare centers who have contact on a regular basis with children.  The Bureau of Child Care often involves Child Protective Services for checking sexual abuse claims in licensed daycare centers and licensed child care homes.  The Bureau of Child Care does not issue licenses or enter into any kind of informal agreement with a licensed home childcare provider when an incident of sexual abuse against a child has occurred.  The rights and licenses of a business where this occurs will be refused or revoked in case of such a finding.  www.daycare.com/Indiana and www.in.gov/fssa/2552.htm and www.daycare-centersite.com/IN.html

 

The National Center for Education and Statistics indicate that 6 out of 10, that is nearly 13,000,000, infants, toddlers and preschool children are enrolled in childcare.  It is known that many children are treated in hospital emergency rooms for injuries that occurred at childcare.  For example, in 1997 about 31,000 children four years old or younger were treated in U.S. hospital emergency rooms for injuries that occurred in childcare settings.  www.safetypolicy.org\ pm\daycare.htm.  The most common injuries are cuts or lacerations (31%), bumps or bruises (15%), fractures (10%) and dental injuries (8%).  Most injuries, 51%, occur on the playground.  Many injuries (18%) and more than half of the fractures and concussions (53%) were due to falls from climbing equipment.  www.pediatrics.8appublications.org\content\93\34\364.

 

Sometimes children are too young to inform parents about the abuses or injuries they’ve suffered in a daycare.  It is therefore very important to obtain immediate medical attention if you suspect your child has been injured or harmed in any way in order to determine the extent of the injuries.  While daycare centers should put the safety and care of children as their first priority, too often a child is left in the care of an underpaid or poorly trained daycare worker.  Daycare workers need training and supervision which they often do not have.  In addition, playground equipment and toys are often not maintained placing children in danger.

 

Tips for parents who want to check on the child care facility include:

1.) “Googling” the name of the facility to look for complaints and inspection reports.

2.) Call the FSSA Bureau of Child Care and ask questions to understand the State’s inspection findings.

3.) You should drop into the child’s daycare unexpectedly during the day from time to time and simply observe what’s going on!

4.) Always ask your daycare provider if they are on “probation” or if there are any issues regarding their license.

5.) Ask questions and understand the daycare’s discipline policy as corporal punishment is not illegal in the State of Indiana.

6.) Ask about the current child to staff ratio is important and accidents are more likely to happen when staffers are watching too many children www.ChildCareIndiana.org.

7.)  To see various daycare centers rating visit www.in.gov/activecalendar/EventList.aspx?…id

If you need more information about childcare facilities and inspection reports in the State of Indiana, contact a local resource and referral representative at 800-299-1627.

 

If your child gets hurt you should know that many daycare centers have insurance to provide medical benefits automatically without a claim for liability being made; and certainly before filing a lawsuit for your injured child, you will present a claim to the insurance carrier of the daycare facility.  When you do this you may want to have an attorney who specializes in personal injury law review your proposal to ensure you do not accidentally waive any of your child’s rights.  Certainly any claim that you make should protect your child, should include medical bills and compensation for any disability, pain and suffering.  Since a child is a minor it will be necessary to do a probate proceeding to appoint a guardian to sue (make claim) on behalf of the child.  Generally, the statute of limitations for a child is extended in most States.  However, the claim a parent may make is subject to the Statue of Limitations which in Indiana is 2 years from the date of the incident.

Our attorneys are constantly “shocked” by the negligence exhibited by some daycare workers who are entrusted with the safety of our children. Our law firm is dedicated to aggressively investigating and pursuing claims for injuries to children caused by careless daycare operators.  If your child has been injured due to the negligence of a daycare or its employees, contact the injury lawyers at the office of William W. Hurst today.  For a free consultation call 1-800-636-0808.

 

 

www.indianapolisabogado.com

 

 

The following is a blog featured on Bill Hurst's personal blog site, Hurst Injury Law. To read the full article, please visit "• LAWSUITS INVOLVING CHILDREN INJURED WHILE AT AN INDIANA DAYCARE – YOUR INDIANA DAYCARE ACCIDENT LAWYER

• WHAT TO DO AFTER A CAR ACCIDENT IN INDIANA

Published on April 6th, 2012 at 9:03pm

Moments after an automobile accident can be emotional and sometimes very confusing.  However, despite thus, during this period of time it is very important that certain things be done  by someone who is not to seriously injured in the accident to do them. Http://www.insure.com>car insurance> car insurance claims

The safety and health of everybody involved in and auto accident is the most important concern in any crash circumstance; and certainly if anybody injured their medical needs need to be dealt with quickly and completely.  Once you get past the stage of checking and caring for the injured, there are practical steps that you need to take.  You must not let your emotions make you do or say things that may effect your personal injury claim.  You can use the following steps as a guide. Generally, what you need to do are divided into categories, (1) what you do at the scene of the accident and (2) what you do immediately after the accident. http://www.dmv.org/insurance/first-steps-following-a-personal-injury-auto-accident.php

Here are some easy steps:

  1. Call for Help. After an accident whether minor or not you should call the police or 911.  The police will be able to control the accident site and make an official report which will save you from getting into an argument later about what occurred and who caused the accident.

2. You should never leave the the scene unless told otherwise by the police.  However in some circumstances if it is a minor collision it is certainly advisable to move your vehicle to a safe position.  In any case always put on your hazard lights and get  yourself in a safe area.

3.  You will need to write down all your contact information with whom ever else was involved in the accident and if possible obtain the names of the witnesses.

 

4. Take pictures on your cell phone if you have the capability.  Pictures are often very important later if you end up making a claim.  As you know pictures are better than a thousand words! This will often determine who is at fault in an accident.

 

 

5.  Make sure you get treated for your injuries.  Of course if anyone else is hurt you must, if physical able, assist in getting treatment for those people also.  This is the most important thing you can do and the very first thing that should be done. Unfortunately injuries at the scene can get worse in time.  Particularly if you have a head injury.  When in doubt you need to seek medical attention even if it seems like a minor crash.

6.  Don’t talk about the accident once you have gathered the information. Don’t say anything about the accident, admit fault, or blame.  Always be polite and never use vulgar language.

 

 

7. If your vehicle is being “towed”  you should remove all valuables and personal items in your vehicle .  You should find out exactly where it will be taken so you can pick it up later.

 

8. After the accident you should call your car insurance company to report that you have been in an accident.  Answer all necessary questions but do not volunteer a lot of information. In particular if they are recording your statement please be concise and directly respond to the question without volunteering any extra information.

9.  Immediately after the accident you should visit your doctor and when you are examined you must tell the doctor about your accident and the specific details of what happened.  When you get home remember to make notes, diagrams and put them in a place where you can find them later.

 

 

10.  While you do not discuss fault with driver or passengers at the scene you should also not discuss fault with anyone other than (later),  your attorney, or to some extent your insurance company.  You are required to cooperate with your own insurance company or you can void/ lose your coverage.  It is important that you get legal advice prior to making any claim against any insurance company including your own.

 

11. You should get a vehicle repair estimate at a reputable body shop or dealer.  You should also know what your insurance covers for expenses related to an auto collision. In the event you do not know this it should be reviewed immediately.  Once again if you have an experienced personal injury lawyer he can help advise you regarding to your coverages and your rights!

 

 

12. Never accept a final insurance settlement without knowing what your future medical conditions are or what the medical subrogation liens may be on the sums advanced to you. (e.g. – medical payments, health insurance payments and reimbursements.)

 

13. Never ever give a statement to the claims adjuster for the other parties. These statements will reappear months or sometimes years later and impact your ability to testify.

 

14. Keep in mind it is always important to have your drivers license, insurance card, and registration in your car at all times. www.teenhelp.com/teen-issues/car-accidents.html

 

What to do after an automobile accident that is not your fault

You likely will be contacted by the insurance carrier of the party who was at fault in the accident.You will be filing claims with that persons insurance company. Even if the other driver is solely at fault, you do have the obligation to file a claim with your own insurance company and make claims under the appropriate coverages.  The claim you have with your own company is known as a first party claim.  This means that you have a contract with your own insurance company, and the company agreed to fulfill certain conditions set forth in your policy once you make a claim for expenses arising as a result of a collision.  The claim you are making against the wrong doer is known as a “third party” claim, in this case you have a direct contract with the wrongdoer’s insurance company. The parties  obligation to you is through his/her policy, this insurance company has no contractual duty to you and may or may not honor and pay your claims.

Once you have made a claim with the other drivers’ insurance carrier, it will investigate the claim; and if it deems their insured is at fault will offer you a settlement if they determine their insured is responsible.  Generally an insurance company will not settle your claim unless you sign a “Release For Damages.”  A “release” means you agree to a certain amount of money and that is all you will ever receive from the other driver and or his/hers insurance company.  You will, therefore, be barred from making any further claims.

Often you may agree to the amount of the property damage, but not be ready to settle your injury claim due to ongoing treatment.  An insurance company likely will not refuse to pay your property damage simply because your bodily injury claim is outstanding; and if the release they present you is written properly it will not prevent you from making a personal injury claim later. www.Insurance.Illinois.gov/AutoInsurance/auto_other_co_claim.asp

In some instances, the other driver may not have any insurance at all.  In the State of Indiana fault is not determined based upon who has or has no insurance.  This usually is a fairly common occurrence.  In such a case, in the event you have “full coverage” on your automobile, you will  have coverage known as “no fault” insurance. Offers of  money to compensate for your  loses from an uninsured person who caused an auto accident generally,  will simply be difficult and likely minimal, as the burden could not afford insurance he likely, will not have the funds to pay you.   Also if you have a significant claim, the person who caused the accident can file bankruptcy to prevent you from making any recovery.  Your policy (probably) has uninsured motorist coverage. This coverage will be unable to compensate you up to the limits of you purchased. In this event, you must contact you insurance company immediately and let them know that you will be making a claim.  Often proof is required that the other party does not have liability coverage.  Contacting an experienced attorney following a personal injury accident is important to ensure all of the conditions pf your insurance contest involving an uninsured party may be complied with. http://web.finweb.com/insurance/car-accident-with-no-insurance-what-are-your-options.html

In an uninsured motorist claim,  your insurance company “stands in the shoes” of the other driver’s insurance company and compensates you just as if he had these coverage and limits.  Indiana Law requires that every policy sold must include uninsured and under-insurance protection unless waived in writing. http://www.in.gov/idoi/2579.htm

Seeking the advice of an experienced attorney is very important whether you are the uninsured driver facing or losing your drivers license; or if you are the injured driver of the car involved in an accident with an uninsured motorist or an insured motorist.  Only an experienced personal injury lawyer can provide you with sound legal advice.  If you or any member of your family has been involved in a vehicular accident where you are injured whether the other party is insured or uninsured, you may contact William W. Hurst, an experienced personal injury lawyer who has limited his practice to personal injury  at 1-800-636-0808 for a free consultation.

Our office will represent you without fee until you recover money or I’ve won your case.  For a description of our legal services see www.billhurst.com

www.indianapolisabogado.com

 

The following is a blog featured on Bill Hurst's personal blog site, Hurst Injury Law. To read the full article, please visit "• WHAT TO DO AFTER A CAR ACCIDENT IN INDIANA

• SCHOOL BUS CRASHES END IN INJURY AND DEATH – YOUR INDIANA BUS ACCIDENT LAWYER

Published on April 4th, 2012 at 6:14pm

In Indianapolis on March 12, 2012 a bus driver and a 5 year old girl were killed and at least 10  more students injured in a school bus crash in Indianapolis.  There were 50 students on board a bus carrying Lighthouse Charter School students that crashed into a bridge abutment on the way to school.  Two young boys are still in critical condition.  http://www.theindychannel/news/30658347/ detail.html In Chesterton, NJ, on March 13, 2012, drivers involved in a fatal school bus crash received citations.  This crash happened on the morning of February 16th at the intersection.  A school bus was struck by a dump truck.  The crash killed an 11 year old and injured 17 others.  http://www.abclocal.gov.com/wppn=news/local&id=8579506 Every school day over 22,000,000 ride in the yellow buses back and forth to school, as well as to various activities associated with their education.  Despite these statistics data regarding accidents and injuries related to students’ transportation are poorly maintained, inaccurate and are often misleading.

The National Highway Traffic Safety Administration (see NHTSA 2002 report to Congress) states that on average during the past 11 years school buses have been involved in over 26,000 crashes resulting in less than 1,000 incapacitating injuries and slightly more than 7,000 non-incapacitating injuries.  However, close examination makes it appear that there is something wrong with these statistics as the 1992 injuries and deaths included more than half of the incapacitating injuries.  These statistics have been subject to criticism.   These statistics show that 42% of the overall fatalities are from a side impact or non-collision such as a rollover accident. It is for this 42% of fatal accidents that seat belts have the greatest potential for saving a life.  Since 1977 NHTSA has relied on “high-backed” padded seats to provide passenger restraint during school bus crashes.  However, a 1999 special investigation regarding bus crash worthiness concluded that the current method of restraining school bus passengers is incomplete and it does not protect passengers during lateral impacts with a vehicle of large mass and in rollovers because in such accidents the passengers do not always remain completely within the seating compartment.  www.ncsbs.org/testimonials/fatalities_and_injuries.htm.

So as it has been known for many years that seat belts would be of value in preventing death and incapacitating injuries, the question arises, “why haven’t seat belt laws been instituted regarding school bus transportation?”  The answer lies in the statistics that tell us that school buses have a rate of .02 deaths per 100,000,000 miles traveled; a rate of deaths in automobiles in eight times higher.  So over a span of 11 years from 1994 to 2004 a total of 71 passengers on school buses died in crashes, and in 2004 alone traffic accidents killed 31,693 people in cars and light trucks.  So, school bus travel is much safer without seat belts than traveling in an automobile.

We know that by law “kids” on bikes have to ride helmets and “kids” in cars must be secured, so it’s often a surprise to learn that Federal Law does not require seat belts on most school buses.  In a few States buses are equipped with seat belts.  The states of New York, New Jersey and Florida have their own laws requiring lap belts on all school buses but not belts that go over the shoulder and lap or a 3-point safety restraint.  All small buses in the U.S. are required to have lap belts.  Essentially these bus types are usually built on van frames; however, the conventional big yellow school bus is designed to meet a different federal safety standard.  Unfortunately the NHTSA contends that compartmentalization alone (above described) is adequate crash protection and that to mandate seat belts in addition would be messing with success.  Seat belts will limit the number of kids who can squeeze into a bus seat and that might mean some schools would have to buy more buses or else tell kids to find another way to school.  Opposing this advice the American Academy of Pediatrics wants to see a 3-point safety belt in every school bus and this is a position that’s held by the Academy since 1996.  The Academy cites too little information is known about injuries in school bus accidents to truly conclude that buses are safe enough without seat belts.  Certainly under no circumstances if a bus rolls over does compartmentalization protect the passengers.  Often cited is an October, 2005 accident which happened in Plainfield, NH.  A bus taking kids home from school ran off the road and flipped over on its side.  None of the 28 children on board were injured and all but one were wearing seat belts.  www.webmed.com/parenting/features/child-safety-school-bus-still-best- The National Highway Transporation Safety Act on July 11, 2007 held a public meeting to discuss the effectiveness of seatbelts on school buses.  An NHTSA administrator at that time made a public commitment to investigate options for improving the safety of bus transportation. On November 21, 2007 as a result of this meeting the NHTSA released a notice of a  proposed rule making the FMVSS 222 regulation for bus seat design and performance to incorporate a performance specification for lap/shoulder belts.

According to the information reviewed by the NHTS in making this decision included data that in their 2002 report every day there are over 144 school bus accidents with approximately 26,000 a year and more than 9,500 children are injured in school bus accidents every year.  The American Academy of Pediatrics estimates that 51,100 school bus related injuries are treated in emergency departments between the years of 2001 to 2003 which averages about 17,000 children injured in school bus accidents every year.  According to the 2005 data reviewed by NHTSA in their rule making an average of 21 school age children die in school transportation related traffic deaths every year.  This number applies only to daily school routes and does not account for extracurricular activities that often take place outside the normal school hours.  The NHTSA research on lap/shoulder belts indicates that lap/shoulder belts in every vehicle in which they  have ever been introduced reduce injuries and fatalities by 45%. Increasingly school buses are traveling longer distances and children use school transportation to travel to sporting events and other activities outside their communities.  www.safeguard4kids.com/statistics.htm.  Most manufacturers estimate that seat belts would add about $2,000 to the cost of a new bus.  Retrofitting an existing bus would cost more, perhaps around $3,400.  Some parents believe it’s not the school bus but the driver that they should worry about.  There’s no federal law requiring background checks for drivers but a number of states and individual school districts do have that requirement.  Some states also require drivers to undergo extensive training on various aspects of their job, have frequent driving record checks and pass periodic drug testing and medical exams.  www.safetyissues.com/cite/school/school_bus_accidents_threaten_kis_safety.html

In Indiana in particular the accident that happened recently leaving a student and a bus driver dead has raised concerns in Indiana about school bus safety.  Another bus in Quincy, Washington that had to do with a rollover caused critical injuries.  In both of these accidents neither bus was equipped with a passenger seat belt, which the National Highway Safety Traffic Administration does not require in the larger school buses.  An NHSTA spokesman indeed claims that buses are “even safer than their parents’ cars” and therefore will not make any effort to currently enact any laws requiring seat belts on a federal level.  It’s true that the government did strengthen its compartmentalization rule in 2009 to require higher seat backs in school buses for better protection.  However, as to whether large buses are equipped with seat belts that decision has been left up to the states and individual school districts.  www.abcnews.go.com/blogs/headlines/2012/03/ school-bus-crashes-raise-the-issue-of-seat-belts-and-bus-safety/ In Indianapolis, Indiana, a local company manufacturers seats for school buses and have conducted research on bus safety.  This research concludes that restraints do work and all the seats that they’re currently building (IMMI) now come with seat belts and shoulder restraints.  The company notes that children are now used to climbing into the vehicle and putting on lap and shoulder belts, and sometimes they wonder where they are!  There are now six states that mandate seat belts on school buses but there is no effort anywhere to retrofit old school buses.  The cost apparently is the major factor.

The Governor apparently believes that it’s time for a new law requiring seat belts and now State lawmakers have taken up the discussion.  The need for school corporations to have the school bus safety reviewed by bus experts is needed immediately and should not wait.  www.wishtv.com/dpp/news/indiana/ will-school- bus-seat-belts-become-law  It’s clear that advocates of school bus seat belt laws are gaining steam in Indiana.  State legislatures who support such a requirement are becoming persistent in their efforts.  Unfortunately, the State Education Department’s Director of School Transportation a day after the deadly school bus crash in Indianapolis stated that while they would love to require safety belts in every school bus the system simply can’t afford it.  In defense of the current safety standards the Director stated that this past Monday’s accident was the first fatality of a school age child riding or getting on or off a school bus since 2009.  He indicated that it would cost approximately $160,000,000 to equip all of Indiana’s 16,000 school buses with effective restraints.  At this time the State nor individual districts could shoulder that cost.  Our current state laws require the Indiana State Police to inspect all school buses at least once a year.  Current legislators have stated that they can’t remember any legislative push prior to now to require the restraints on the buses in recent years.  However, now in view of this accident it may come up, particularly if the media coverage continues or another accident occurs.  He points out that only six states currently mandate that larger school buses are to be equipped with seat belts.  The director of the State’s Education Department does note that some districts are installing safety belts and covering the cost themselves.  But he fears that if this was a requirement of all public schools many would just stop providing the bus service all together rather than shoulder the cost.  www.ibj.com/indiana-can-t-afford-to-add-seat-belts-to-buses/PARAMS/article/33202

 

The Law office of William “Bill” Hurst has been in business since 1981 in the State of Indiana, representing Hoosiers across the State for personal injuries sustained in various kinds of accidents or events.  If you would like to contact our office to discuss a bus accident injuring you or your child you may contact this office for a free consultation at 800-636-0808.  You can also browse our personal injury website for more information at www.billhurst.com There is no fee unless there is a recovery and you receive money.

 

www.indianapolisabogado.com

The following is a blog featured on Bill Hurst's personal blog site, Hurst Injury Law. To read the full article, please visit "• SCHOOL BUS CRASHES END IN INJURY AND DEATH – YOUR INDIANA BUS ACCIDENT LAWYER

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