Tag Archives: Indiana

Famous Quotes by and about Lawyers and the Law

 

Lawyer life is the forum where attorneys post their day-to-day concerns from insurance to litigation.We invite you to comment or add your favorite to the following collection of well-known quotations written by and about lawyers and the law*

*Submissions will be checked for authenticity and relevancy before they are posted.
*Quotations selected for publication are at the discretion of the webmaster.Call Charlie Ward at 317-639-9501


A lawyer without books would be like a workman without tools.

– Thomas Jefferson

If you don’t get a lawyer who knows law then get the one who knows the Judge!.

– Unknown

A lawyer‘s time and advice are his stock in trade

– Abraham Lincoln

The leading rule for the lawyer … is diligence. Leave nothing for tomorrow which can be done today.

– Abraham Lincoln

“I shall not rest until every German sees that it is a shameful thing to be a lawyer.”

– Adolph Hitler

A jury consists of twelve persons chosen to decide who has the better lawyer.

– Robert Frost

Lawyer: One who protects us from robbers by taking away the temptation

– Henry Louis Mencken

The power of the lawyer is in the uncertainty of the law

– Jeremy Bentham

He who is his own lawyer has a fool for a client

– Proverbs

The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer

– Will Rogers

Don’t misinform your Doctor nor your Lawyer

– Benjamin Franklin

Most people aren’t appreciated enough, and the bravest things we do in our lives are usually known only to ourselves. No one throws ticker tape on the man who chose to be faithful to his wife, on the lawyer who didn’t take the drug money…

– Peggy Noonan

Law students are trained in the case method, and to the lawyer everything in life looks like a case.

– Edward Packard, Jr.

The average lawyer is essentially a mechanic who works with a pen instead of a ball peen hammer.

– Robert Schmitt

What a holler would ensue if people had to pay the minister as much to marry them as they have to pay a lawyer to get them a divorce.

– Claire Trevor

A lawyer without history or literature is a mechanic, a mere working mason; if he possesses some knowledge of these, he may venture to call himself an architect.

– Sir Walter Scott

“Don’t give me paper – I can get the same lawyer who drew it up to break it. But if you shake my hand, that’s for life.”

Jerry Lewis

“One of the things I was taught in law school is that I’d never be able to think the same again – that being a lawyer is something that’s part of who I am as an individual now.”

Anita Hill

“In the courtroom, it’s where a lawyer really becomes an actor. There’s a very fine line between delivering a monologue in a play and delivering a monologue to a jury …The best lawyers are really theatrical.”

Woody Harrelson

“Going to trial with a lawyer who considers your whole life-style a Crime in Progress is not a happy prospect.”

Hunter S. Thompson

I’m a lawyer. I go for due process; I go for fairness and equity – these values mean a lot to me.

Mohamed ElBaradei

“Baseball is almost the only orderly thing in a very unorderly world. If you get three strikes, even the best lawyer in the world can’t get you off.”

Bill Veeck

“If there were no bad people, there would be no good lawyers.”

Charles Dickens

“The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.”

Dwight D. Eisenhower

“The magistrates are the ministers for the laws, the judges their interpreters, the rest of us are servants of the law, that we all may be free.”

Marcus Tulius Cicero

“The law is reason, free from passion.”

Aristotle

“It is the trade of lawyers to question everything, yield nothing, and talk by the hour.”

Thomas Jefferson

“Where the law ends tyranny begins.”

– Henry Fielding

Laws are like sausages. It is better not to see them being made.”

– Otto von Bismarck

“I have spent all my life under a Communist regime, and I will tell you that a society without any objective legal scale is a terrible one indeed. But a society with no other scale but the legal one is not quite worthy of man either.”

– Alexander Solzhenitzyn

“Gentlemen, a court is no better than each man of you sitting before me on this jury.”

– Atticus Finch,  from To Kill a Mockingbird

“We protect the unknown.”

– Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
888-639-9501

New Indiana Scooter Regulation | Motorcycle Accident Attorney in Indianapolis

New Scooter Regulations in Indiana.

Indiana Motor Scooter Registration lawEffective January 1, 2015, Indiana has adopted new regulations covering motor scooters.  License plates will be required on all scooters.  In addition, scooters with engines of 50 cubic centimeters or less will also need to pass a Bureau of Motor Vehicles (BMV) test involving road signals and signs.  Scooters above the 50 cubic centimeters will need to follow all motorcycle requirements, that is, hold a valid driver’s license with a motorcycle endorsement or valid motorcycle learner’s permit.  Currently the Bureau of Motor Vehicles has no idea how many scooters are on the roadway.  The Bureau of Motor Vehicles (BMV) released an online video discussing documents needed to obtain the scooter license and the types of licenses needed. Currently the Bureau of Motor Vehicles has no record of all the scooters on the roadway.  Some argue that the new legislation merely allows individuals who have lost their license due to drunk driving to travel on the roadway without a license and insuring their scooter.  Others argue that the law is to help individuals to get to work who have lost their license due to drunk driving.  It is not known how the individual police agencies will enforce the new law.  Registration for the scooters will cost $26.35 each with a $10 excise tax.Call Charlie Ward at 317-639-9501

Is a Dog Owner Responsible for Dog Bite Injuries and Death Claims in Indiana?

Written by Injury Attorney Charlie Ward

Indianapolis IN Personal Injury Attorney Dog Bite This morning we learned from WRTV.com that on Sunday, July 20, 2014, an Indianapolis infant was killed by his Ohio’s step-grandmother’s American Staffordshire Terrier.Call Charlie Ward at 317-639-9501

Mail Online reported the step-grandmother was caring for the boy when the dog jumped a gate in her Dayton, Ohio home and attacked the infant boy. The grandmother failed in a desperate attempt to stop the attack. The child suffered multiple injuries. An autopsy performed on Monday revealed his death was caused by blunt force trauma.

A complaint had been previously filed against the dog’s owner for an unprovoked attack upon a beagle in June. The pretrial hearing for the June complaint was continued days before the child’s death.

What makes this tragedy so heartbreaking is that it could have been averted had the owner taken immediate action to remove the dog from her home once she became aware of the dog’s aggressive act toward the beagle.

How is liability determined in Indiana dog bite cases?

In Indiana, a dog owner may be held liable for an unprovoked attack if the dog bites an individual while the owner knowingly allows the dog to run free of restraint. A dog owner may also be liable if the dog has a propensity for aggressive behavior that has manifested in the past. More often than not, the owner of the dog will have prior knowledge if the dog has shown a previous inclination of aggressive behaviors such as growling, barring of the teeth or biting. Medical records or eye witness testimony may bear this out during discovery. If the case goes to trial, the judge or jury will ultimately determine liability based upon the evidence.

Strict liability imposes liability on a party without taking fault into account. The owner of the dog is responsible for all damages suffered by a person charged to carry out a duty imposed by state law, federal law or the US Postal Service on the grounds of strict liability. See Indiana Code 15-20-1-3

A conscious reduction of co-contributing factors may alter the number of dog bite related deaths

In December, 2013, The Journal of the American Veterinary Medical Association (JAVMA) published the first comprehensive study on dog bite related fatalities (DBRF) performed since 1970. The sample taken from 256 fatalities over a 9-year period showed a combination of four (4) or more of the following factors were present in 80.5 % of the deaths:

  • No able-bodied person being present to intervene (87.1%)
  • The victim having no familiar relationship with the dog(s) (85.2%)
  • The dog(s) owner failing to neuter/spay the dog(s)(84.4%)
  • A victim’s compromised ability, whether based on age or physical condition, to manage their interactions with the dog(s) (77.4%)
  • The owner keeping dog(s) as resident dog(s), rather than as family pet(s) (76.2%)
  • The owner’s prior mismanagement of the dog(s) (37.5%)
  • The owner’s abuse or neglect of dog(s) (21.1%)

The National Canine Research Council has published an in depth white paper on the above-referenced study entitled Potentially Preventable Husbandry Factors Co-occur in Most Dog Bite Related Fatalities.

Call Ward & Ward Law Firm for a free consultation today

Our attorneys are experienced in handling dog bite injury claims caused by negligent dog owners. If you or a loved one has a potential dog bite claim, we would be happy to discuss your case with you.

Call Charlie Ward for a free consultation at 317-639-9501.

Bicycle Accident Lawyers Agree Cycling Laws in Indiana are Unclear and Untested in the Courts

Indianapolis IN Personal Injury Attorney- Bicycle Accidents It’s time to update the bicycling laws in Indiana

Indianapolis and surrounding counties are experiencing a surge of cyclists taking to the roads. Since 2011 bicycle accidents have increased by nearly 50% in Marion County according to the Indianapolis Star. Indianapolis and other urban cities throughout Indiana are installing bike lanes to make cyclists’ travels safer on major thoroughfares. But motor vehicle drivers and cyclists haven’t yet determined how they should share the road by navigating in a predictable way.Call Charlie Ward at 317-639-9501

 

Superior Court Judge David Dreyer, whose court awarded settlements to two crash victims, believes the laws are confusing and untested. One Indiana law states that cyclists have all the rights and responsibilities of motor vehicles which imply bicyclists have the right to full use of the lane. Another law states that slow-moving vehicles should be as close as possible to the right hand curb. Nancy Tibbett, executive director of Bicycle Indiana, advises cyclists to use the right one-third of the lane but to not hug the curb because if they’re close to the right, a motor vehicle will take the liberty to pass the bicyclist in the same lane, and often that could be entirely too close.”

WRTV has reported that in the early morning of July 15, 2014, a cyclist was killed in Hamilton County:

“Investigators said [the cyclist] had been riding south on Main Street when the left handlebar of his bike was struck by a passing car, causing him to lose control of the bike and crash.” 

Bicycling in Urban Areas is on the Rise

Expect to see more and more cyclists taking to the road in busy downtown Indianapolis. This spring the city initiated its bike sharing program called Indiana Pacers Bikeshare as an alternative form of energy-saving transportation.  Bike docking stations are situated in 25 different locations throughout downtown Indy. The bicycles can be rented for $8.00 per day or $80 per year.

Share the Road Campaign and Educational Information

The Indiana BMV, through the Indiana Bicycle Coalition, is making “Share the Road” license plates available in 2014 with the expectation that driver awareness will be increased. Read more about “Share the Road” license plates and tags here.

Bicycleindiana.org is the “go to” site for cyclists and drivers looking for information on state laws related to cycling, and Bike Smart literature that will educate and promote safe cycling in Indiana.

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How Does a Pedestrian or Cyclist Receive Financial Compensation for Injuries Received in an Accident?

Personal Injury Attorneys

Drivers have a duty to exercise reasonable care anytime they are on the road. Attorneys, Charlie and Don Ward of Ward & Ward Law Firm have over 85 years of combined experience representing people who have been injured or killed in accidents involving motorcycles and bicycles. If you or someone you know has been injured or killed due to someone else’s negligence, give Charlie a call at 317-639-9501 for a free consultation.

Written by Charlie Ward

Ward & Ward Law Firm

 

A Single Text Changes Lives Forever | Car Accident Lawyer in Indiana

A single bad decision can change your life and the life of others – forever!Call Charlie Ward at 317-639-9501

One Text… One simple distraction has the power to cut a long, full life ….. Short. Everyday our lives are filled with distractions! It’s up to each of us to set boundaries, that keep both the roads and our futures safe. Too much life to live, to risk cutting it short from a preventable mistake. #stopthetextsstopthewrecks #wardlawfirm

Indiana State Supreme Court Rules on Wrongful Death Trial Court Order Balancing Conflicting Constitutional Interests

Indianapolis IN Accident Attorney By Charlie Ward

In Estate of Meux v. Cozmanoff, the Supreme Court upheld the trial court order that Defendant be required to answer Plaintiff’s Complaint in an effort to balance conflicting constitutional interests.

On March 6, 2012 Britney Meux was struck by a car operated by Jason R. Cozmanoff while jogging with three co-workers. Mr. Cozmanoff fled the scene of the accident and Britney later died from her injuries. Mr. Cozmanoff was criminally charged with thirteen crimes.

Weeks later a civil suit was filed against Mr. Cozmanoff by the administrators of Ms. Meux’s estate for gross negligence and/or willful and wanton misconduct.

Adverse parties assert different constitutional interests

Cozmanoff was conflicted as information and testimony given to Plaintiffs during discovery could be used against him by the prosecutor in his criminal trial. But if he were to invoke the Fifth Amendment guaranteeing protection from being called as a witness against himself in the civil suit, the trier of fact could have inferred Defendant’s responsibility for the wrongful death of Britney Meux.

Defendant Cozmanoff moved the trial court for a stay of all civil proceedings pending a resolution of his criminal prosecution citing the Fifth Amendment privilege.

“The Fifth Amendment, incorporated to the States by the Fourteenth Amendment, Malloy v. Hogan, 378 U.S. 1, 6 (1964)” states as follows:

“…protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings.”

U.S.C.A. Const. Amends. 5, 14

 

The Plaintiff opposed his motion arguing the following:

  1. Defendant Cozmanoff’s criminal case might not be resolved for years;
  2. Discovery was necessary to identify other potential tortfeasors who must be joined to the case before the two-year statute of limitations ran; and
  3. The stay would offend Article 1, Section 12 of the Indiana State Constitution guaranteeing “Justice shall be administered freely…and without delay.” [Emphasis Added]

The civil trial court granted a limited stay of discovery as to Cozmanoff only but having done so ordered the Defendant to respond to Plaintiffs’ Complaint. Plaintiffs would still be free to investigate “outside the context of formal discovery.”

Opinion

On March 12, 2014, The Indiana State Supreme Court affirmed the trial court’s ruling, finding reasoning to support the trial court’s decision in the matter of The Estate of Meux v. Cozmanoff as follows:

“When two adverse parties each assert different constitutional interests, the court must consider each interest ‘in the light of the other, and in the context of the issues and interests at stake.’ Hostetter v. Idlewild Bon Voyage Liquor Corp., 377 U.S. 324, 332 (1964).”

The opinion further states:

“Our ruling today does not mean the trial court was constitutionally required to impose the stay;simply that it did not abuse its discretion by so doing.”

A Law Firm With Over 85 Years of Combined Experience

The attorneys at Ward & Ward Law Firm have over 85 years of combined experience in wrongful death litigation. Often, person’s alleged to be responsible for the wrongful death of another, must face criminal prosecution while simultaneously undergoing civil suit. Our attorneys maintain an up-to-date working knowledge of legislation and rulings and utilize every legal tool at our disposal to uncover the truth and analyze the facts of a case including private investigators, witness interviews, testimony undertaken by deposition and discovery of physical evidence and documentation through the Freedom of Information Act.
If you are looking for a wrongful death attorney, attorney, Charlie Ward, would like to offer you a free consultation with no obligation. Call 317-639-9501 today and ask for Charlie..

Charlie Ward, Personal Injury Attorney

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
888-639-9501

One in Seven Traffic Accident Fatalities Involve Large Truck | Indiana

At Least 1 in 7 Traffic Accident Fatalities in Indiana Involve 1 Large Truck

The National Highway Traffic Safety Administration has recently released their publication entitled Traffic Safety Facts Indiana 2008-2012. This publication offers the raw data statistics on the state of the State of Indiana’s road crash fatalities. Following are some of the grim statistics for 2012:

  1. 29% of all fatal crashes involved a driver with a .08+ Blood Alcohol Content (BAC)
  2. 53% of crash fatalities age 5 and over were known to be restrained
  3. 10% of all Indiana road fatalities occurred in Marion County; Lake County was next at 5%
  4. There were 152 motorcycle fatalities; 30 of the fatalities were helmeted — 116 were not wearing a helmet.  77% of motorcycle fatalities were not wearing a helmet.
  5. Motorcycle fatalities made up 20% of all fatally injured crash victims—1 in 5 fatalities
  6. .02% of motorcycle fatalities involve a person under the age of 20; the age group that has the highest number of fatal injuries at 25% is age group 50-59
  7. 24% of all crash fatalities involved a driver exceeding the speed limit
  8. 1 in approximately every 7 crash fatalities involved at least one large truck

The law firm of Ward & Ward has over 85 years of combined experience in personal injury law including accident and wrongful death claims. We urge you to speak with an experienced personal injury — wrongful death attorney as soon as possible and before the statute of limitations runs out. Our firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Our attorneys are available to speak with you.

Charlie Ward

(317) 639-9501

 

Where does Indiana stand on red-light texting, emailing and reading from telecommunications devices? – Your car, motorcycle, bicycle, trucking accident and injury lawyer advocating for you!

Distracted driving while waiting at stop lights

So much has been written about the risks of distracted driving and the numbers of accidents caused by typing, sending and reading on electronic devices. Indiana Legislators have addressed texting, emailing and reading while driving in Indiana Code 9-21-8-59. The language used in the statute makes clear that texting, emailing and reading of the same applies to a “moving vehicle” only. It reads in part as follows:

     Sec. 59. (a) A person may not use a telecommunications device to:
(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message; or
(3) read a text message or an electronic mail message;
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.

Call Charlie Ward at 317-639-9501By omission in statute, it is clearly legal at this time to text, send or read an email or text from a telecommunications device if you are not operating a “moving motor vehicle”, the keyword here being “moving.”

*Not from Indiana? Find out where your State stands on distracted driving.

In an article written by David MacAnally and published at wthr.com, Dr. Fred Mannering, a traffic expert at Purdue University, believes that “red light texters may be sparking problems, including road rage.” When a red light texter delays or entirely misses a green light, drivers in cars backed up in the queue can become explosive…enraged. Mr. Mannering goes on to say that a gap in traffic that is greater than 2 ½ to 3 seconds will cause detectors (in the pavement) to shut off the green to that signal.

Can an officer of the law confiscate the driver’s device to determine compliance with the law?

Section 59. (b) of Indiana Code 9-21-8-59 adds:

  (b) A police officer may not confiscate a telecommunications device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.
As added by P.L.185-2011, SEC.4.

Since the law took effect on July 1, 2011, very few tickets have been written for violation of Indiana Code 9-21-8-59. Unless a driver admits to having broken the law, it would be difficult to prove as access to the phone by law enforcement is denied without a Court Order. Whiteland Town Marshal Rick Shipp told 24-hour News 8 partner, The Daily Journal, that police departments can get cellphone records only by court order and wouldn’t have the time to do so during a typical traffic stop.

So while the law as written has made it difficult to enforce, it has brought the issue of texting and driving to the forefront. Most drivers are aware of the dangers inherent in distracted driving. Many will wait until they have arrived at their destination or at the very least until they are stopped in traffic. But the best solution would be to wear a Bluetooth device compatible with your cell phone, become comfortable using the device and routinely sync it with your cell phone before leaving home.

Attorneys experienced in litigation of texting and driving crashes

The law firm of Ward & Ward is experienced in personal injury laws that may govern your financial recovery as a party injured by a negligent driver. If you or someone you know has been injured due to someone else’s negligent behavior, contact the law firm of Ward & Ward for a free analysis.

Charlie Ward

317-639-9501

Indiana Hospital Lien Statute – Legislation Benefits Private Health Insured’s Injured in Auto, Motorcycle, Trucking or Semi Tractor-Trailer Accidents Caused by Another’s Negligence

Lawmakers and lawyers working for fairness in IndianaCall Charlie Ward at 317-639-9501

Since the Hospital Lien Statute was amended in 2013, a number of changes have gone into effect that may benefit you if you have a claim for personal injuries and compensation for damages caused by a car, motorcycle or trucking accident. I will discuss the change benefitting the citizens of Indiana called “No Balance Billing.”

Hospitals typically contract with specific Insurance providers to accept their plans. When a patient has health insurance with a hospital approved contracting provider, the treating hospital is bound to honor that contract by accepting the patient’s insurance and billing their services at mutually agreed upon “reasonable fees”. Reasonable fees are predetermined between the hospital and the insurance provider. Anything not considered “reasonable” by the private health insurer is contractually adjusted or written off by the hospital and the patient is only responsible for their deductible, their percentage split or their co-pay.

Prior to July 1, 2013, some hospitals would accept the injured patient’s private health insurance—allowing the insurance provider to pay their contracted amount—and attach a lien to the injured party’s legal claim for the remaining charges. To make matters worse, if the hospital lien could not be satisfied by the plaintiff’s legal claim, the remaining unpaid balance could follow the claimant after judgment or settlement was made.

The original legislation was never meant to hurt accident victims

The original intent of the hospital lien statute served to compensate the hospitals providing treatment for injured victims. Today, as hospitals treat more and more indigent and uninsureds, hospitals are seeking financial compensation that will cover the skyrocketing costs of the medical care our hospitals provide, albeit, the issues outlined above have progressively caused problems for personal injury attorneys seeking justice and wholeness for their injured clients.

New legislation benefits persons injured in a crash

Under the new provisions of the Indiana Hospital Lien Statute [IC 32-33-4-3(b)(5)], the hospital must make reasonable effort to pursue private insurance claims in cooperation with the patient. A lien perfected by the hospital within 90 days of patient discharge must first be reduced by the amount of any benefits to which the patient is entitled under the terms of any contract, health plan, or medical insurance. Most importantly, the lien must reflect credits for payments made by the insurance provider, contractual adjustments and write-offs.

Experienced lawyers helping injured victims

If you have been injured or know someone who has been injured as a result of someone’s negligence, call attorney, Charlie Ward, for a free consultation at (317) 639-9501. The law firm of Ward & Ward has over 80 years of combined experience in personal injury and wrongful death claims including injuries resulting from auto, motorcycle and trucking accidents.

By Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225

 

Personal Injury Lawyers Move to Near Southside | Auto Accident Attorney in Indianapolis

Personal Injury Lawyers, Don and Charlie Ward, Move Their OfficesCall Charlie Ward at 317-639-9501

On January 1, 1957, I (Don Ward) started practicing law in the Circle Tower Building on Monument Circle, Indianapolis, Indiana. On December 1, 1994, I (Charlie Ward) joined my father in the practice of law after graduating from law school and completing a two-year clerkship with the Chief Justice of the Indiana Supreme Court, Richard M. Givan. At that time we formed the law partnership of Ward & Ward.

After many years in the Circle Tower Building, we would like to announce that on May 29th we are relocating the law firm of Ward & Ward, to “728 South Meridian Street”. Our new office is on the near south side of downtown Indianapolis within the vicinity of Lucas Oil Stadium and across McCarty Street, just north of Shapiro’s famous deli. Attorneys and staff of Ward & Ward are looking forward to the move. Our new law office building has on-site parking, including handicapped spaces for the convenience of our clients and friends. In addition, our new location offers easy access to I-70 from the east and west and I-65 for north and south commuters. Our phone number will remain the same – (317) 639-9501.

Experienced auto accident lawyers in Indianapolis

We invite you to visit our website at www.wardlawfirm.com and hope that you’ll join us on Facebook where we share news and legal insights that may be of use to you in your daily life. Our Facebook fan page is located at facebook.com/wardlawfirm. By selecting the “Like” button at the top of the page, you’ll receive articles and information that we feel may benefit you, our clients and friends. We look forward to having you personally visit with us at our new location.

WARD & WARD

Donald W. Ward and Charles P. Ward

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