Ladendorf Fregiato & BiglerLadendorf Fregiato & Bigler2024-03-05T17:29:41Zhttps://www.ladendorf.com/feed/atom/WordPress/wp-content/uploads/sites/1101355/2021/05/cropped-3565887_favicon-32x32.pngOn Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=487142024-03-05T17:29:41Z2024-03-05T17:29:41Z1. Grass clippings
Homeowners mowing and clearing their lawns often blow grass clippings out into the street. These wet clippings can create dangerously slippery conditions for motorcyclists leaning into turns. Always be alert for such debris when riding through neighborhoods.
2. Unleashed pets
Dogs chasing bikes or running loose can lead to accidents. Be extra cautious when passing homes with unleashed pets in the yard.
3. Potholes
Potholes and cracked pavement can appear without warning. Hitting such obstacles can easily lead to losing control or crashing. Be vigilant in scanning for road hazards, especially on frequently driven local routes.
4. Inattentive drivers
With more people distracted by mobile devices, drivers making left turns or merges often fail to notice an oncoming motorcycle. Always ride defensively, assume other motorists do not see you and take quick evasive action when necessary.
5. Blind spots
Even attentive drivers may fail to see a bike when checking blind spots. Maintain safe spacing cushions, avoid lingering in blind spots and use your horn and lights to maximize your vehicle profile. Predictable riding and defensive driving reduce risks.
By exercising extra caution and defensive riding techniques, motorcyclists stand the best chance of having a safe and enjoyable riding season ahead.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=486932024-02-01T05:23:51Z2024-01-25T20:23:50ZThe risks of health care sharing ministries
It is important to understand that health care sharing ministries do not have the same legal protections as regulated insurance. These organizations are essentially cooperative cost-sharing groups, not insurance providers. Members pay a monthly fee that goes towards covering each other’s eligible medical expenses. But there is no guarantee that they will cover your medical bills when you need care.
Lack of coverage requirements
Unlike insurance plans, health care sharing ministries have no obligation to cover pre-existing conditions, mental health services, substance abuse treatment or maternity care. There are also caps on how much they will pay per incident, typically around $250,000.
Many members have ended up with crippling medical debt because their sharing ministry refused to pay their bills. This is particularly important when it comes to being seriously injured in something like a car accident where costs can easily meet or exceed those caps.
Additionally, some of these health care sharing plans prohibit payment when it’s a case where there could be a third party liable. This is important because first, the patient is stuck with the sticker price bill and second, you’re never guaranteed to make a recovery in a claim. Especially in a situation with disputed liability where a loss at trial would be devastating to a person’s finances if they’re saddled with hundreds of thousands of dollars of medical debt.
Sharing ministries versus traditional plans
Health care sharing ministries, such as Christian Medishare, became popular after the Affordable Care Act as a cheaper alternative to regulated insurance plans. Unfortunately, cheaper can come at a steep cost if you have an accident or major illness. Sharing ministries make it clear in their policies that they are not legally responsible for paying any percentage of members’ medical bills and they likely won’t benefit from the same reduced prices that a traditional insurance plan can negotiate with providers.
At the end of the day, you have to make the right choice for you and your family when it comes to choosing how to insure yourselves against medical care needs. Some people have chosen health care sharing ministries and had great outcomes. Others have had the opposite experience. The more you understand about the logistics of health care sharing ministries, the easier it is to evaluate the risks, protect your rights and get the coverage that you need.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=486742024-01-22T18:18:04Z2024-01-22T18:18:04Z**SPOILER WARNING: This blog will discuss spoilers about the Netflix docu-series American Nightmare**
A hot new true crime series is out on Netflix called “American Nightmare.” It’s only three episodes long with a total combine run time a little over 2 hours. If you haven’t watched it yet, stop right now and give it a watch.
Okay, that was messed up wasn’t it?
The Vallejo California Police Department botched this investigation from the very beginning because they started with a conclusion. To be fair to them, the reported crime truly did seem stranger than fiction. It certainly didn’t help that the Denise Huskins kidnapping happened about a year after the movie Gone Girl had come out and there were certainly some parallels. When the case was turned over to the FBI, America’s premier law enforcement agency fared no better.
Unfortunately, Denise’s kidnapping was all too real and the case was solved in spite of the law enforcement agencies’ work and not because of it.
So, how did this happen?
Law enforcement fell into a very human trap. They wanted to be right. They had an initial theory (i.e., “it was the boyfriend”) and their entire investigation was geared towards proving themselves right. When Denise reappeared days later, their theory changed (i.e., a real-life Gone Girl) and they began to blame Denise and Aaron as having perpetrated a hoax. At no point, it seems, did law enforcement seem to take the case seriously as a kidnapping. They didn’t take very simple steps like tracing the location of a cell phone when a “proof of life” call came in that could have prevented Denise from being raped a second time.
We’re all human and prone to this kind of confirmation seeking bias. In my experience, police officers are unfortunately more prone to this when we would hope it would be the opposite. Why? In my opinion it’s because a police officer’s judgment is their most important asset/skill. They are forced to make split decisions that can have life or death consequences. In some ways, they can’t afford to second guess themselves because in certain situations it could cost them their own lives.
In 10 years of working directly with police investigations from my work experience at the Marion County Prosecutor’s Office and at Ladendorf Fregiato & Bigler, I can count the number of times that a police officer has admitted making a mistake in an investigation on one hand. Honestly, I can’t think of a single time it’s happened.
Many times, the investigative steps necessary to demonstrate that the wrong conclusion had been made are as simple as reviewing 911 calls. Some times it is more complex dealing with crash reconstruction, photo and video analysis, or other advanced techniques.
Very few cases will rise to the level of what happened to Denise and Aaron in American Nightmare, but when you’ve been hurt in a personal injury accident, a crash report or police investigation that is not in your favor can be devastating in your recovery and pursuit of compensation. Regardless of the situation, if you think the police came to the wrong conclusion in your case, it is critical for you to talk to an attorney who knows how to investigate investigations.
Be safe out there,
Matt Bigler]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=486502024-01-03T00:09:12Z2024-01-03T00:09:12ZCrash rates in Indianapolis
Crash incidents, including those that cause injuries and fatalities, have generally increased over the past few years. For example, in 2022, Indianapolis observed an uptick in traffic-related pedestrian fatalities. There were 21 pedestrians killed in auto accidents, a substantial rise from 11 in the previous year. The city also saw 42 bicyclist crashes. Additionally, there were 3,739 hit-and-run incidents in Indianapolis.
Auto accidents nationwide
This escalation in auto accidents is not unique to central Indiana. In the first three months of 2022, there was a 7% increase in deaths on the road nationwide. Before 2020, the number of people dying in traffic accidents had been declining for three years in a row.
Car collision fatalities
Nationally, 2021 saw nearly 43,000 fatalities on U.S. roads, an increase over previous years. Collisions involving two or more motor vehicles were the most common. Single-vehicle crashes involving fixed objects or pedestrians were less common but represented a higher percentage of fatalities.
Risky driver behaviors
Alcohol-impaired driving continues to be a significant safety issue, causing 13,384 fatalities in 2021. While progress has been reducing these incidents since the 1980s, they still made up 31% of all traffic deaths in 2021. Distracted driving, including the use of smartphones and other devices, remains a pressing concern.
Indianapolis, like the rest of the country, has faced increasing auto accidents and fatalities in recent years.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=486482023-12-27T15:06:42Z2023-12-27T15:06:42Z
The first step in determining whether Mr. Calvin is liable to Santa Claus is to determine how Santa was classified, was he an invitee, licensee, or trespasser? An invitee is a person who a property owner invited to enter the property, such as a house guest. A licensee is a person who is on the property for his or her own purposes when the owner of the property either permits that person to enter the property, or does not object, for example a utility company worker. A trespasser is a person who is on the homeowner’s property without permission, such as a burglar.
In the case of Santa Claus, this is a little tricky. It could be argued that Santa is all three. Everyone knows that Santa comes on Christmas, and he is encouraged to deliver gifts to all of the good little girls and boys, especially when a family has children, Santa would argue that he was invited to the house for Charlie. Scott Calvin would probably argue that Santa is a trespasser. Scott never invited Santa onto his property and really didn’t even believe in his existence.
The reason Scott Calvin would argue Santa was a trespasser is because a trespasser is owed almost no duty by the homeowner. Trespassers enter another person’s property at their own risk of injury from conditions on the property (i.e. the slippery roof). An owner of property has no responsibility for a trespasser’s safety until the owner knows that the trespasser is present. In this case, Scott didn’t know that Santa was there until Charlie woke him and Scott ran outside. He did not have time to warn Santa of the slippery roof.
Santa on the other hand will argue he is an invitee because a homeowner owes a higher duty to an invitee. An owner of a property is liable for injury caused to an invitee by the property’s condition only if the owner: (1) knew that the condition existed and realized that it created an unreasonable danger to an invitee, or should have discovered the condition and its danger; (2) should have expected that the invitee would not discover or realize the danger of the condition, or would fail to protect himself against; and (3) failed to use reasonable care to protect the invitee against the danger.
Regardless of whether Santa is considered an invitee or trespasser, Santa will lose this battle. It would be difficult for Mr. Claus to argue that he didn’t realize a snow-covered roof posed a danger and that Scott should have warned him that the snow-covered roof was slick.
The Court finds in favor Scott Calvin.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=486462023-12-07T19:53:25Z2023-12-07T19:53:25ZBest driving cities
Fort Wayne emerges as a shining example of a city with relatively smooth driving conditions. The well-maintained roads and manageable traffic contribute to a hassle-free driving experience. With a well-designed layout and a proactive approach to road maintenance, Fort Wayne earns its spot as one of the best driving cities in the state.
Carmel, known for its affluent suburbs, also stands out for its driver-friendly environment. The city's commitment to infrastructure development has resulted in wide, well-marked roads. Drivers in Carmel can navigate the streets with ease, making it an appealing location for those who prioritize a stress-free commute.
Worst driving cities
Contrary to its reputation as the Crossroads of America, Indianapolis garners attention for less favorable reasons. According to MotorTrend, Indianapolis ranked as the 4th most dangerous city for drivers in the United States. The bustling urban center faces challenges like high accident rates and congested traffic, impacting the overall safety of motorists.
Gary, a city in northwest Indiana, grapples with a less-than-ideal driving environment. Potholes dot the roads, posing challenges to drivers and potentially causing vehicle damage. While efforts to address the issue are ongoing, Gary remains a city where cautious driving is necessary for navigating its streets.
In 2020, 38,913 people in the Hoosier State sustained injuries in car accidents. Wherever your travels take you, driving safely and being aware of local driving conditions is important.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=485462023-10-06T14:47:31Z2023-10-06T14:47:31ZLack of rider experience
Many e-scooter riders have little to no experience operating such vehicles, especially in densely populated areas. Inexperience can lead to poor judgment, erratic riding and a higher likelihood of accidents.
Speed
E-scooters can reach relatively high speeds, often up to 15-20 mph, which can be dangerous on crowded sidewalks or streets. Riders may lose control or be unable to react quickly enough to obstacles.
Infrastructure challenges
Cities may lack proper infrastructure to accommodate e-scooters safely. A lack of dedicated lanes or designated parking areas can result in riders and e-scooters interfering with pedestrians and vehicles.
Reckless riding
Some riders engage in reckless behavior, such as weaving in and out of traffic, riding without hands or performing stunts. Such actions increase the risk of accidents and injuries.
Poor road conditions
Potholes, uneven surfaces and debris on roads can pose significant hazards to e-scooter riders, causing them to lose control or crash.
Collisions with vehicles
E-scooter riders are vulnerable to collisions with motor vehicles. Drivers may not always notice or anticipate the presence of e-scooters, leading to accidents at intersections or while changing lanes.
Distracted riding
Just like distracted driving, riders using smartphones or other devices while operating e-scooters can become a hazard to themselves and others on the road.
Poor maintenance
E-scooter companies are responsible for maintaining their fleets, but some may neglect this duty. Malfunctioning brakes, loose handlebars or other mechanical issues can lead to accidents.
Keeping safe on an e-scooter requires a combined effort of everyone, from riders to communities. They can be a great mode of transportation when safety is at the forefront.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=485442023-10-04T16:02:13Z2023-10-04T16:02:12ZThe rules of roundabout use
Carmel, Indiana has the most roundabouts in the entire country, so local drivers should understand the fundamental rules associated with their use.
When entering, yield the right of way to those vehicles already in the roundabout. This protects the continuous traffic flow. In addition, most roundabouts have multiple lanes. Choose the appropriate lane for your intended exit. Use the right lane when approaching your exit, or the left lane to continue on for a further exit.
The problems with roundabouts
Although roundabouts can improve traffic flow, they come with some challenges. Confusion is common for drivers unfamiliar with roundabouts or uncertain about the location of their exit. Hesitation, incorrect lane usage and accidents may result in these instances.
Large vehicles may struggle to navigate roundabouts because of the tighter turning radius. This increases the risk of congestion within the roundabout, which may lead to accidents.
The common roundabout accidents
Inside a roundabout, the most common accidents include rear-end collisions and side-impact accidents. Drivers failing to yield to the vehicle in front when approaching a roundabout could misjudge the traffic speed and cause a rear-end collision. Side-impact accidents often result from improper lane changes, failure to yield to vehicles in adjacent lanes and lack of signal use.
Current studies show that roundabouts reduce the risk of accidents by up to 80% compared to traditional intersections, but only with proper use and navigation.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=485412023-10-04T16:01:02Z2023-10-04T15:59:54ZLow to moderate impairment
A BAC of 0.02% can result in a slight loss of judgment. A person also experiences feelings of relaxation, slight body warmth and an altered mood. Even at this low level, alcohol impairs the ability to perform tasks like tracking a moving object or multitasking. As a result, one's driving ability starts to decline.
At a BAC of 0.05%, an individual may display exaggerated behavior. Small-muscle control and coordination also diminish, so basic functions like focusing the eyes become difficult. A driver would likely have difficulties steering and responding to emergency road conditions.
In addition, one's judgment typically becomes more unreliable. A driver at this level might act recklessly due to decreased inhibitions and an increased sense of well-being.
Legally impaired BAC level
Once one's BAC reaches 0.08%, Indiana law considers the person to be in a state of intoxication and unable to drive safely. Muscle coordination deteriorates significantly. Balance, speech, vision, reaction time and hearing all decline. Detecting danger becomes more challenging, and judgment, self-control, reasoning and memory suffer.
At a BAC of 0.10%, reaction time and coordination decline even further. Slurred speech is common as thinking processes slow down. Maintaining lane position and braking appropriately become more challenging for a driver.
With a BAC of 0.15%, bodily control often decreases rapidly, which is why vomiting can occur unless the person has developed a high tolerance for alcohol. Safely controlling a vehicle is practically impossible because of a reduced capacity for attention, vision and hearing.
Factors that can influence alcohol's effects
Alcohol's effects vary widely due to factors like body weight, metabolism and tolerance. For example, individuals with lower body weight might feel alcohol's effects more quickly and intensely.
Also, eating a meal can slow alcohol absorption, so drinking on an empty stomach can quickly raise one's BAC. Of particular note is the fact that drugs interact unpredictably with alcohol and can potentially intensify its impact. Anyone taking medications should review the label to understand how the medicine and alcohol mix.
Grasping the effects of alcohol helps motorists and their passengers make informed choices about drinking. Regardless of the BAC, alcohol impairs judgment, coordination and cognitive abilities. Ensuring the safety of oneself and others requires practicing responsible drinking and refraining from driving under the influence.]]>On Behalf of Ladendorf Fregiato & Biglerhttps://www.ladendorf.com/?p=485282023-08-22T17:54:25Z2023-08-22T17:54:25ZFatalities are on the rise
Tragically, 138 motorcyclists lost their lives in accidents in 2020. This was a 19% increase from 2019. One point of good news is this is lower than the high in 2012 of 151. Still, it is far above the low set in 2016 of 98. Of note is that motorcycle accidents only make up under 2% of all auto accidents, but 15% of all fatalities.
Multi-vehicle accidents are the biggest concern
Of the motorcycle accidents in the state, 71% involved other vehicles. This fact is a good indicator that everyone has to be responsible for keeping bikers safe on the roads.
Helmets save lives
One of the most effective ways to reduce the severity of injuries in motorcycle accidents is by wearing helmets. Helmets significantly lower the risk of head injuries and fatalities. In fatal crashes, 31% were not wearing this safety gear. Riders aged 45 to 54 were least likely to use a helmet, compared to those under age 21.
The motorcycle accident trends in Indiana serve as a stark reminder of the importance of road safety for all. Indiana can work towards reducing motorcycle accidents and ensuring safer roads for everyone through more awareness of these terrible statistics.]]>