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Evansville Legal Issues Blog

U.S. Supreme Court to decide important defendant rights

The U.S. Bill of Rights is intended to protect the rights of Americans in criminal prosecutions. However, some of its guarantees do not apply to the states. The U.S. Supreme Court is currently reviewing whether states should incorporate all of these rights. Its ruling, expected in June, could greatly impact criminal defense rights in Indiana.

The Supreme Court has not previously addressed whether states must incorporate the Eighth Amendment's right against excessive fines and the Third Amendment's protection against quartering troops. In earlier cases, it did not require states to guarantee the right to criminal indictment by a grand jury under the Fifth Amendment, jury unanimity in criminal trials under the Sixth Amendment and the right to a jury in civil trials contained in the Seventh Amendment.

Government assesses motorcycle accident risks

Motorcycling is liberating and exciting, but riding comes at the cost of having the highest risk of injury among all vehicle users in this country. A recent National Transportation Safety Board report analyzed the most recent data and reported on the greatest risks associated with motorcycle accidents.

Deaths in motorcycle crashes are 28 higher than other vehicle deaths per miles traveled in this country. Like other vehicle crashes, these accidents are caused by several reasons. The NTSB evaluated motorcycle accidents in California between 2011 and 2016. All of the victims were wearing helmets as required under California law. The NTSB found that most accidents involved other vehicles. One major cause was the inadequate integration of motorcycles' warning and prevention systems.

Wrongful death lawsuit filed after apartment arson

A party can be sued for a person's negligent death even if they were not criminally responsible for that fatality. In one case, the mother of four children who died in a possible arson fire two years ago filed a wrongful death lawsuit against her former landlords.

The fire broke out in the dwelling on Columbia Street in downtown Flora on Nov. 21, 2016. The woman's four children, who were 11, 9, 7 and 5, were trapped in the structure and killed. The mother escaped.

Debate over ride-sharing safety

Ride-sharing services, like Uber and Lyft, have experienced an astonishing rise in this country. A recent study has concluded that this rise has led to an increase in commercial vehicle accidents.

Fatal traffic accidents have dropped significantly since the 1980s. In 2010, the lowest number of accidents was reported since the 1940s. However, this trend reversed in 2014 when ride-sharing services became popular in American cities.

Three children killed walking to school bus

School buses have been involved in accidents that caused injuries to their occupants. However, cars accidents involving students walking to or from their buses may be even more deadly. Three siblings were killed and another child was seriously injured when a pickup truck hit them as they were walking to their bus stop in Rochester, Indiana, on Oct. 29.

Court to decide whether lawsuit survives plaintiff's death

A lawsuit may be able to survive the plaintiff's death according to an appeal heard by the Indiana State Supreme Court earlier this month. After hearing arguments on this appeal, the court will decide whether medical providers will have to pay damages in a wrongful death lawsuit filed by the patient's husband before he died.

His 44-year-old wife died after hernia surgery in Jan. 2006. He filed the lawsuit requesting damages for the loss of her earnings and wages, her services and loss of companionship, love, affection and support.

Those injured in motorcycle accidents deserve answers

It's true that motorcyclists can be partially, or fully, to blame when it comes to injuries. However, this is not true of all motorcycle accident injuries. Oftentimes, another driver's negligence plays a role in how a motorcyclist became injured in a crash. If you are wondering what led to your own or a loved one's motorcycle accident injuries, you can seek answers.

At Danks & Danks, we know just how important it is for those answers to be sought and received. We've helped countless clients and their families find resolutions in these terrible situations. Motorcycle accident injuries can be particularly life-changing, as the bike itself doesn't provide much protection. However, if these injuries were sustained due to another's negligence, one can seek damages.

Avoid downed power lines this winter in Indiana

Prevention is always the best course of action. With the temperature dropping and winds becoming more prevalent, it is critical to be aware of the dangers downed power lines pose. 

One common explanation for a downed power line is that it was a result of an auto accident. A driver can lose control and hit a pole independently, or two vehicles colliding with one another can take out nearby structures. Either way, there are essential steps you need to take. 

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