Henn Haworth Cummings + Page

(888) 884 0041

TOLL FREE

Categories Menu

Posted by on Apr 28, 2014 in Published Articles | 0 comments

Motorcycles Can Run Red Lights?

Motorcycles Can Run Red Lights?

An Indiana law, effective July 2014, permits Indiana motorcyclists to pass through red light traffic signals under certain circumstances.  Attempting to address the frequent instance of motorcycles being unable to trigger traffic signal sensors, the “dead red” law generally requires motorcyclists to wait two minutes to determine that the red light is “dead” or “stale” and then, if the way is clear, they can proceed cautiously through the intersection even though they are facing a red...

Read More

Posted by on Oct 15, 2013 in Published Articles | 0 comments

Pharmacy Dispensing Errors: Not What the Doctor Ordered

Pharmacy Dispensing Errors: Not What the Doctor Ordered

Have you noticed the number of pharmacies opening in your area? As the Baby-Boom Generation continues to age, there is a marked increase in the number of prescriptions being filled each day. And the number will continue to increase, with no end in sight. Retail pharmacy is big business. It is not unheard of for a busy retail pharmacy to fill more than 1,000 prescriptions each day, with the pharmacist working a 12-hour shift. Mistakes are inevitable. A one percent margin of error in a pharmacy filling 1,000 prescriptions each day equates to ten people walking out of the pharmacy each day with a wrong prescription. One study found that, of 9394 prescriptions handled by a pharmacy over a 12-day period, 141 prescriptions (a 1.5 percent error rate) had potentially serious errors. The rate of all errors, including less serious errors in filling prescriptions, was more than 12 percent. See BG Guernsey, et al., Pharmacists’ dispensing accuracy in a high-volume outpatient pharmacy service: focus on risk management, Drug Intelligence...

Read More

Posted by on Oct 15, 2013 in Published Articles | 0 comments

Drunk Driving: Far Reaching Liability for Damages Caused by Intoxicated Drivers

Drunk Driving: Far Reaching Liability for Damages Caused by Intoxicated Drivers

A drunk driver can cause tremendous damage and injury to motorists and pedestrians alike.  Of course, those injured by those who drink and drive can recover from the drunken motorists and their insurance carriers for the damages caused.  However, in specific circumstances, Indiana law also holds the bars, liquor stores and individuals who serve drunk drivers responsible as well.   LIABILITY OF ESTABLISHMENTS FURNISHING ALCOHOL   Indiana Code 7.1-5-10-15.5 states that those who furnish alcohol are responsible for resulting damages and injuries if they had actual knowledge that the persons to whom the alcoholic beverages were furnished were visibly intoxicated at the time the alcohol was served.  This statute is not limited just to bars and liquor stores, but also applies to social gatherings in homes and other settings. Proving that bar or liquor store patrons, or guests at gatherings or assemblies, were visibly intoxicated when they were served a drink – and that the servers had knowledge of the persons’ intoxication – can be a difficult task.  Still,...

Read More

Posted by on Oct 15, 2013 in Published Articles | 0 comments

Guest Statute May Bar Recovery for Family Members

Guest Statute May Bar Recovery for Family Members

Indiana’s Guest Statute (Indiana Code 34-30-11-1) works to limit or prohibit passengers in automobiles from recovering from automobile liability insurance companies when the drivers cause injuries to their passengers in accidents. Indiana’s Guest Statute states that drivers are not liable for loss or damage arising from injuries to or the death of the drivers’ parents, spouse, children or stepchildren, brothers or sisters, or hitchhikers to whom they have given a ride.  Because automobile liability insurance companies in Indiana only have to pay the damages that their insureds are legally responsible to pay, Indiana’s Guest Statute works to prohibit family members (and hitchhikers) from recovering from the insurance companies that insure the moms, dads, brothers or sisters who are driving. For the Guest Statute to bar recovery against drivers and the drivers’ insurance carriers, it is necessary that, at the time of the accident, the passengers are traveling in the car without having paid for the ride. Also, if the injuries result from the “wanton or willful misconduct” of the drivers,...

Read More

Posted by on Oct 15, 2013 in Published Articles | 0 comments

Accident Insurance Coverage for Family Members or Permitted Users in Indiana

Accident Insurance Coverage for Family Members or Permitted Users in Indiana

Under Indiana law, an insured person under an automobile insurance policy may include the “named insured” found on the policy declarations page, a “resident of same household” if permitted by the policy, and a “permissive user.” Common insurance policy language defines a named insured’s “family member” as “a person related to you by blood, marriage or adoption who is a resident of your household.” In determining whether a person residing in a named insured’s household is a “family member” under this provision, Indiana courts consider (1) whether the person for whom coverage is sought maintained a physical presence in the named insured’s home; (2) whether the person had the subjective intent to reside there; and (3) the nature of the person’s access to the named insured’s home and its contents as well as evidence indicative of the person’s living habits. Indiana follows a liberal rule in defining a permissive user. The focus is on whether the person’s use of the vehicle was restricted in the first place, rather than...

Read More