Auto Accidents

LEE KELSO

Every year thousands of Hoosiers are injured on roadways and motor vehicle accidents. Here today to talk about why there is an increase in the number of accidents on Indiana roadways is veteran trial attorney David Farnbauch, a personal injury attorney from Fort Wayne, Indiana. Thanks for joining us today David.

DAVID FARNBAUCH

It's great to be here today. 

LEE KELSO

Why are there so many accidents?

DAVID FARNBAUCH

Well I think that the reason that there are so many accidents on the roadways now as opposed to maybe a different era is the issue of driver distraction. I think nowadays you see lots of people that are on the roadways that are distracted by cell phones or smart phones. We see lots of accidents that are caused by young people who are texting while driving. You see a lot of people traveling down the roadways that are trying to carry on a conversation while they are driving. There are just a lot of distractions that cause people to collide with other vehicles.

LEE KELSO

David in some states there are now laws on the books that prohibit drivers from talking on a cell phone or texting while driving. Has the Sweeney Law Firm seen an increase in accidents either from distracted driving or other similar problems. 

DAVID FARNBAUCH

There is no question that our office has seen a significant number cases that are a direct result of the use of technology while in the vehicle. I would say that about half of the cases that we see in our office now is motor vehicle accidents. There is some reference in the police report to a driver that was either reaching for a phone or they were texting while driving or something of that nature that causes them to be distracted while driving down the road.

LEE KELSO

David, if one of our viewers is involved in a motor vehicle accident that's the vault of someone else, what advice do you have for them?

DAVID FARNBAUCH

Well I have a couple pieces of advice I can give to people who are involved in a motor vehicle accident. I think the first thing is if you have symptoms and pain that you should seek medical treatment. People often don't go to the emergency room. They sort of delay getting medical treatment and I think that if you are showing symptoms and pain you should go to the emergency room. If you have symptoms and pain after visiting the emergency room you should go visit your family doctor or some other physician to get your symptoms checked out. That is the first piece of advice. The other thing is that people often delay getting legal advice after an accident. It does not cost anything to consult an attorney about an accident case, so I would recommend that you consult with an attorney shortly after an accident and get some legal advice about what your options are and what your rights are as the victim as an accident.  

LEE KELSO

Dave I would assume that after an auto accident the insurance adjuster for the at fault party tries to contact the injury victim to get a tape recorded interview or statement about what happened in the wreck. What advice do you have for victims who are asked to give a recorded statement?

DAVID FARNBAUCH

I would say that probably the first piece of advice that I would give somebody after a motor vehicle accident is not to give a recorded statement to the adjuster or insurance company.

LEE KELSO

Does the Sweeney Law Firm offer consultation to people who have been injured in a motor vehicle collision?

DAVID FARNBAUCH

Sweeney Law Firm does offer free consultation in auto accident cases and I think most law firms that handle these types of cases offer free consultation. 

LEE KELSO

What are some of the reasons that a person who is injured in a car crash  would want to talk to an experienced personal injury lawyer before they talk to an insurance adjuster?   

DAVID FARNBAUCH

I think one of the common misconceptions that people have about insurance adjusters contacting them after an accident is that the insurance adjuster calling you should try to help you out, provide helpful information and pay money to you to fix your car pay medical expenses. I think that oftentimes people do not understand that the insurance adjuster has a job to try to investigate the accident and get you to day things that are helpful to the other insurance companies. I think oftentimes people when they are contacted by an insurance adjuster they say things about their medical condition or they make admissions or statements about the accident that are harmful to their case. I think it's oftentimes people are put into a stressful situation they aren't trained to deal with insurance adjusters and often they just say the wrong things that are recorded that ultimately hurt their legal case so it's important to talk to an attorney about the facts of the accident to get some advice on how to talk to insurance adjusters and learn about your legal rights before to talk to an insurance adjuster.

LEE KELSO 

Mr. Kelso you have given some good advice today. Thanks for spending some time with us.  

DAVE FARNBAUCH

Thanks for having me.