Category Archives: Bicycle Accident

Dead Red Law Offers Alternative for Motorcycle and Bicycle Enthusiasts|Personal Injury Attorneys

Dead Red Indiana Law Give Motorcyclists and Bicyclists Alternative to Breaking the Law

In March of 2014, Indiana became the 15th state to add the “Dead Red” law to their books. Indiana Representative, Mike Karickhoff of Kokomo, wrote House Bill No. 1080 that provides:

“…the operator [of a motorcycle, motorized bicycle, motor scooter, or bicycle] may proceed through the intersection on a steady red signal only if the operator:

    (i) comes to a complete stop at the intersection for at least one hundred twenty (120) seconds; and
    (ii) exercises due caution as provided by law, otherwise treats the traffic control signal as a stop sign, and determines that it is safe to proceed.”

The Indiana General Assembly passed the law 84-10.

Few Options for Cyclists Prior to Dead Red Law

Prior to the “dead red” law, when lightweight motorized and non-motorized vehicles failed to trigger a left-turn signal, the operator had one of three choices: 1) wait until a larger vehicle pulled behind them, tripping the scale; 2) make a right-hand turn and return to proceed through the intersection; or 3) ignore the traffic signal altogether and turn left on a red.

An Educated Public May Reduce Motorcycle Accidents in Indiana

ABATE of Indiana (The American Bikers Aimed Toward Education) strives to educate responsible cyclists on motorcycle safety. And because accidents involving motorcycles are often caused by other drivers who admittedly fail to see the cyclist, ABATE seeks to educate all drivers about motorcycle awareness. May is Motorcycle Safety and Awareness Month. On May 5, ABATE of Indiana, along with many other civic organizations, will kick off Motorcycle Awareness Month by hosting an event on the Circle to bring attention to motorcycle awareness.

Personal Injury, Motorcycle and Bicycle Accident Attorneys with Experience

The defenses used by defendant insurance companies to minimize their financial loss and the potential jury bias that occurs when litigating a motorcycle or bicycle injury claim is good reason to seek the assistance of an attorney experienced in motorcycle and bicycle injury cases. If you, or someone you know has been injured or killed in an accident involving a motorcycle, moped or bicycle, call Charlie Ward, an attorney with experience in pursuing claims on behalf of cyclists, at 317-639-9501 today for a free analysis of your claim.

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Motorcycles – Helmets saves lives | motorcycle accident attorney in Indianapolis

Motorcycle Helmets Reduce Injuries and Save Lives | Motorcycle Accident Lawyers in Indiana

May is ‘Motorcycle Awareness’ month. The National Highway Traffic Safety Administration encourages everyone to share the road and urges cyclists to make themselves visible to others.

A brief history of helmet laws and why they vary from state to state

People injured in motorcycle accidents require aggressive legal representation to overcome jury biasIn 1966, the national Highway Safety Act mandated each state enact universal helmet laws in order to receive federal highway construction funding. In 1975, under the authority of HSA, the Secretary of Transportation was about to impose penalties upon the states of California, Illinois and Utah for non-compliance, when lobbyists successfully pressured congress to stop the assessment of penalties on states lacking universal helmet laws. By 1980, a majority of states had repealed the universal mandated laws, favoring a unilateral approach to legislation.

As of 2016, three states, Illinois, Iowa and New  Hampshire, are without legislation regulating helmets. Nineteen states, along with the District of Columbia,  have statutes mandating helmets for all cyclists. The states and districts include:

Alabama, Mississippi, Oregon, California, Missouri, Tennessee, District of Columbia, Nebraska, Vermont, Georgia, Nevada, Virginia, Louisiana, New Jersey, Washington, Maryland, New York, West Virginia, Massachusetts, and North Carolina

The remaining states have passed legislation  that takes one or more of the following factors into account:

  • operator experience
  • operator age
  • passenger age
  • proof of medical insurance
  • cycling horsepower

States laws for helmet use as they stand currently in 2016, can be found at the Insurance Institute for Highway Safety.

Statistics favor ‘gearing up’ with helmets and bright clothing

Statistics from the National Highway Transportation Safety Administration (NHTSA) estimate:

  • Helmets saved the lives of more than 1,600 motorcyclists in 2013
  • 4,668 motorcyclists lost their lives in accidents while over 88,000 suffered personal injuries in 2013.
  • Since 1997, motorcycle deaths have more than doubled
  • Motorcycles are only 2 percent of the registered vehicles nationally, but motorcyclist fatalities are 5 percent of traffic fatalities each year.
  • The percentage of intoxicated motorcycle riders involving fatal accidents is higher than intoxicated drivers.

Helmets minimize injuries and reduce the likelihood of long term brain trauma.

The extent of Indiana’s helmet law requires passengers and motorcycle operators seventeen and younger wear a helmet. However, the Motorcycle Safety Foundation (MSF) advocates protective clothing as the only defense a cyclist has against injury. Reccomendations include a Federal Motor Vehicle Safety Standard (FMVSS) 218 compliant helmet, heavy-duty jacket and pants, boots, gloves, and eye protection.

Experienced Motorcycle and Bicycle Accident Attorneys and Wrongful Death Lawyers

Motorcycle enthusiasts and bicyclists enjoy the same legal rights as every driver on the road, i.e. the right to compensation for injuries, loss of wages, impairment, pain and suffering and all other remedies available by law. (Learn more about jury bias) For more than 85 combined years, motorcycle accident attorneys and wrongful death lawyers, Don and Charlie Ward, have represented plaintiffs injured in motorcycle accidents and the families of cyclists killed because of another driver’s negligence.

The personal injury attorneys at Ward & Ward Law Firm receive no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 to discuss your accident and receive a free analysis of your claim.

By Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

 

Preventing Pedestrian and Bicycle Accidents and Fatalities in Parking Lots |Indianapolis Pedestrian and Car Accident Lawyers

Preventing Pedestrian and Bicycle Accidents and Fatalities in Parking Lots | Indianapolis Pedestrian and Car Accident Lawyers

Best Lawyers® Ward & Ward Law Firm - experienced in getting the compensation you deserve Statistics show that 1 out of every 5 auto accidents occurs in parking lots.  The most common accident is a result of a vehicle reversing out of a parking space backing into another vehicle.  Most of the damage to vehicles are minor.   The real danger is when a vehicle reversing strikes a pedestrian or a bicyclists which can result in serious injuries or death.

Most injuries in parking lots involve children

Each year it is estimated by the National Highway Safety Traffic Administration (NHTSA) that approximately 200 fatalities and 15,000 injuries occur in back up accidents.  Every week at least 50 children are struck in back up accidents and unfortunately 2 of those children are fatally injured.  A majority of those children killed are  under the age of 4.

Most, if not all accidents occur as a result of the child being in the driver’s blind spot.  Today more people are driving larger vehicles such as sports utility vehicles, mini-vans and mid-sized trucks.  As a result, the blind spots are larger in these types of vehicles.

In order to prevent or minimize these types of back up accidents, knowing the vehicles blind spots are paramount for safety.  In addition, knowing your surrounding and parking defensively (i.e. pulling through a parking spot to exit going forward) is likely to reduce the risk of an accident.

Best Lawyers® and Car Accident Lawyers – Ward &  Ward Law Firm -Experienced in Pedestrian and Bicycle Accidents Fatalities

The personal injury and car accident lawyers of Ward & Ward Law Firm have 85 years of experience handling pedestrian accident and wrongful death cases. If you or someone you know needs legal representation for their accident claim, call 317-639-9501 today and ask for “Charlie” for a free consultation.

By Charlie Ward

Ward & Ward Law Firm, Car Accident Lawyers
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

 

Indianapolis Motorcycle Accident Attorney | Motorcycle Safety And Helmets

Motorcycle enthusiasts are five times more likely to be involved in a fatal accident

Motorcycle helmetRiding a motorcycle gives the rider a sense of open-air freedom.  However, because motorcycles are small and do not have any type of padding between the cyclist and the road, an accident with another motor vehicle can result in very serious personal injuries or even death.  Serious head trauma is very common among fatally injured motorcyclists.

Motorcycles are more difficult to see than other motor vehicles on the roadway.  Generally half of motorcycle accidents occur simply because the motor vehicle did not see the motorcyclists.

In 2006, according to the National Highway Traffic Safety Administration (NHTSA) 72.34 motorcycles out of 100,000 ended up in fatal accidents compared to 13.10 in automobiles.

According to the U.S. Department of Transportation (USDOT),  there were over 8.5 million motorcycles on the roadway in 2012.  Many motorcyclists and passengers do wear helmets.  In fact, according to NHTSA, in 2013, 60% of all riders wore helmets.  An interesting fact is that helmets do not interfere with a rider’s vision or hearing.  Wearing a helmet will likely prevent serious injuries and/or death.  In 19 states and District of Columbia, state laws require helmets to be worn by motorcyclists.  Twenty-eight states have some type of law requiring motorcyclists to wear helmets.  Only 3 states have no motorcycle helmet use laws in effect (Illinois, Iowa and New Hampshire).

It is a simple fact that helmets minimize the risk of serious injuries and save lives. The motorcycle season is almost here.  For your health and wellbeing, our attorneys recommend you wear a helmet whenever you take to the road on your motorcycle.

Lawyers with experience litigating motorcycle accident claims

Call Charlie Ward at 317-639-9501The personal injury lawyers at Ward & Ward Law Firm have many years of experience representing motorcyclists and bicyclists in claims for injuries and damages. Our attorneys are prepared to effectively engage defense insurance attorneys to get our clients the compensation they deserve. If you or someone you know has been injured or killed in a motorcycle or bicycle accident in Indiana, give Charlie Ward a call today at 317-639-9501 to discuss your potential claim.

Charlie Ward
Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Indianapolis Bicycle Accident Attorney | Bicycle Helmets

Statistics have shown that the number of brain injuries associated with bicycle accidents are significantly reduced when helmets are wornSix hundred seventy seven individuals were killed in bicycle accidents in 2011.  It is estimated that adults 45 years and older as well as minors, ages 15-24, have the highest bicycle death rates.

In 2010, an estimated 515,000 individuals went to emergency rooms for bicycle related injuries.  Statistically 60% of these non-fatal bicycle accidents involve minor children.  It is a simple fact that effective interventions eliminate or minimize deaths or serious injuries from bicycle accidents.

How to effectively reduce bicycle accidents and deaths caused by negligent drivers

The most effective intervention is to wear a bicycle helmet.  Another is to wear fluorescent clothing, active lighting on the bike and retro reflective clothing for night riding.    All of these will reduce chances of an accident with a motor vehicle.  In addition, many bicycle organizations offer safe tips for traveling on the roadway and how to deal with motor vehicles.  But the simple truth is bicycle helmets protect brain injuries.  In 2012, 65% of bicyclists killed were NOT wearing helmets.

With more and more individuals riding their bikes to and from work every day, the question remains just how safe is cycling.  Cities and towns are creating more friendly roads for cyclist to share the roadway with motor vehicles.  Bike lanes and changed traffic patterns are helping bicyclists against accidents with motor vehicles.  But it is up to both the cyclist and driver to be more and more cognizant of the changing times.

A law firm with experience in personal injury law

Call personal injury and accident lawyer Charlie Ward today for a free consultationDon and Charlie Ward are personal injury attorneys in Indianapolis, Indiana and represent persons injured in auto, motorcycle and truck accidents as well as pedestrian and bicycling accidents, medical malpractice and nursing home negligence claims. If you or someone you know has been injured in an accident or killed as a the result of another person’s reckless or negligent behavior, give Don or Charlie Ward a call today at 317-639-9501 for a free evaluation of your accident claim.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
 

 

Five things you should do after an auto, motorcycle, bicycle or truck accident to increase your settlement

How to increase your settlement or jury award after an accident

The steps you take immediately following an accident will help you and your attorney achieve the best possible results from your personal injury settlement or trial. When you hire a lawyer, he or she will thoroughly investigate the facts of the accident based upon the information you are able to provide as follows:

  1. Obtain an accident report from the police or sheriff within the jurisdiction where the accident occurred;
  2. Obtain eye witness information: name,  phone number and address, if possible;
  3. Take photos of all vehicles at the scene of the accident;
  4. Get medical treatment and follow-up on your doctor’s treatment plan;
  5. Do not give a statement to the other driver’s insurance company without your lawyer’s knowledge and/or presence.

In many cases, a private investigator may be employed by your attorney to further delve into the details of the accident, particularly when there is a question of liability. But the information listed above will give everyone involved in your case a good start on the facts and provide some very necessary information.

Experienced personal injury lawyers

Call Charlie Ward at 317-639-9501If you, or someone you know, has been injured or killed in an accident caused by another person’s negligence, give Charlie Ward a call today at 317-639-9501 to discuss the facts and obtain a free evaluation of your claim.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Data Tracking Device Used as Evidence | Motorcycle Accident Attorney in Indianapolis

Indiana Lawyer For Personal Injury Settlements and Claims - Indianapolis Attorney Wearable ‘Black Box’ Technology Used as Evidence in Accident Claims

A self-tracking wearable device known as ‘Fitbit’  is technologically similar to the “black box” technology found on a vehicle.  Fitbits and other wearable data tracking devices can monitor and track just about everything including exercise, sleep patterns and daily activities such as the amount of time one spends standing or the number of steps taken by an individual per day.  Since black box generated reports can be downloaded and used as evidence in lawsuits and accident claims by either side to support allegations or defenses, it will come as no surprise that  the data received by wearable tracking devices may soon also be used as evidence for settlement negotiations or in courtroom cases.

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Who will interpret the individual’s data?

An outside analytics company will be used to crunch numbers and define statistical norms from raw data uploaded by the general population. The individual injured person’s data will then be analyzed and compared with the mean of the general population and possibly used as evidence in personal injury cases.  If you are seriously injured in an automobile, motorcycle or trucking accident, the evidence from these wearable devices will confirm a daily lifestyle of restricted activities. Thus, your wearable data tracking device may serve as your own expert witness in your accident case.

Over the past few years more and more wearable devices are coming to the market.  Apple has a product known as HealthKit and Google has one similar for Android users called Google Fit.  It is estimated that 19 million wearable devices will be purchased in 2014. The general rule will dictate if you wear a device which collects personal data, then the production of that data will be requested by the opposing side and required by a court of law if you claim a personal injury.

Technology’s Influence

Call Charlie Ward at 317-639-9501This general rule is similar to evidence that is produced from a cell phone (text) or on social media sites such as Facebook, Twitter, YouTube, Pinterest and Linked In. The technology is here and easier to trace than ever before.

If you’ve been injured in an accident, call Charlie Ward today at 317-639-9501 for a free evaluation of your claim.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

How Do I Pay My Medical Bills After an Accident?

Overwhelmed by medical bills from my accident – How do I pay my bills?

If you have health insurance, your insurance provider may cover the care you receive from in-network hospitals, doctors and other medical providers. In rare situations where you were taken by ambulance to a hospital that is not in your network, your health insurance may cover the ER bill if you were unable to select an in-network hospital from the scene of the accident. After your health insurance, your medical payment insurance or “med-pay” will help you to pay your medical bills. Check your automobile policy to determine how much med-pay insurance you have.Call Charlie Ward at 317-639-9501

Lawyer Charlie Ward of Ward & Ward Law Firm recommends you purchase as much med-pay insurance as your can afford. Talk with your insurance agent to obtain a quote. Med-pay insurance becomes cheaper the more your purchase. You may be surprised how inexpensive good coverage is when you seek a quote for a higher amount. Remember that medical payment insurance is to your benefit by covering medical bills and medical expenses, i.e. hospital, doctors, radiology, lab work, prescriptions, physical therapy and much more. It can ease the strain of potential economic hardship and/or the loss of your wages after you’ve experienced a wreck or collision.

If you know someone that has been injured in an accident and having trouble paying their medical bills, call attorney, Charlie Ward, today at 317-639-9501.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
(317) 639-9501

Blind Spot Monitors | Auto Accident Lawyers In Indianapolis

Indianapolis Auto Accident Lawyer for Personal Injury Claiams and Wrongful Death Consider purchasing your next new car with a Blind spot auto sensor

If your about to purchase a new car, SUV or motor vehicle, it is estimated that 3/4 of all new vehicles offer blind spot monitors as an option to reduce accidents.

In driver’s education we were taught to look over your shoulder before changing lanes.  Why?  Because side mirrors do not show automobiles in blind spots.   However, new technology advances such as blind spot monitors help to minimize blind spot issues.

Just what is a blind spot monitor (BSM) and how does it work?  Blind spot monitors use radar sensors to warn drivers of automobiles in a lane adjacent to them.  The radar sensors are generally on the side and rear of a vehicle.  The warnings from the radar sensors come in the way of a flashing light or an audible sound.  The warnings generally stay on until the automobile in the adjacent lane moves in front of the vehicle or directly alongside.

Call Charlie Ward at 317-639-9501Many automobile manufacturers are now offering this technology–Volvo, Ford, Audi, Infiniti are just a few. This technology was developed by Volvo a decade ago.

Is it worth the extra cost?  Although blind spot monitors do not replace a glance around or rear-view mirror, the simple answer is yes. If there is a way to reduce or minimize the potential of an automobile accident, it is worth the cost.  This technology is just another option at reducing auto accidents.

To see the blind spot monitoring system in action watch this short video demonstration

By Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Roundabouts Reduce Accidents in Indiana Counties

Indianapolis Lawyer car accident InjuriesA recent study details the ten most dangerous intersections for accidents in Indianapolis

The study, conducted by Indiana University Public Policy Institute in cooperation with other organizations, concluded the following information:

  • The least dangerous  intersection was South Post Road and East Washington Street (eastside Indianapolis) with 22 accidents.
  • The most dangerous intersection was at East Stop 11 Road and Madison Avenue (southside Indianapolis) with a total of 38 accidents.
  • Each intersection averaged approximately 30 per yearCall Charlie Ward at 317-639-9501

Accidents involving intersections have higher death rates and serious injuries

In 2013, Marion County Accident Statistics showed:

  • Approximately 29,000 accidents occurred
  • 9,700 of these accidents occurred at intersections
  • 69 individuals died as a result of the accidents

Roundabouts in Indianapolis and Surrounding Counties Save Lives

As a result, many towns and cities (including Carmel, Westfield, Fishers, Plainfield and Greenwood) have aggressively been installing roundabouts as a way to minimize serious accidents.   In the past 10 years Carmel has installed over 80 roundabouts and continues to aggressively install more.   Plainfield, Fishers, Westfield and Greenwood have stepped up their installation of roundabouts and Speedway is installing a roundabout at 16th and Crawfordsville Road next to The Indianapolis Motor Speedway.

What are the benefits of roundabouts?

Roundabouts save time for the driving public and are much safer than intersections.   Statistics show that traffic moves much easier and accidents in roundabouts are generally minor with fewer serious personal injuries.

Experienced Lawyers for pedestrians and bicyclists who have been injured

The lawyers at Ward & Ward Law Firm are experienced litigators of car, motorcycle, bicycle and trucking accidents. While the installation of roundabouts have improved the flow of motorized traffic, the designs may pose some problems for pedestrians and non-motorized vehicles. If you have been hurt by a negligent or careless driver of a vehicle, give Charlie Ward a call at 317-639-9501. We are here to speak with you 24 hours a day. Charlie Ward [email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501