Tag Archives: Indianapolis motorcycle accident attorney

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

Supreme Court Upholds Caps on Punitive Damage Awards in Indiana

Lawyer for personal Injury in Indianapolis IN

Recently, the Indiana State Supreme Court upheld, by unanimous decision, Indiana statutes placing caps on punitive damage awards and how distribution is made.

 Under Indiana statute IC § 34-51-3-4, awards granted to plaintiffs for punitive damages are capped at three times compensatory damages or $50,000, whichever is greater. Under IC § 34-51-3-6 the plaintiff would receive 25% of the punitive damage award with the greater amount of the award (75%) going to the state’s Violent Crime Victim Compensation Fund.Call Charlie Ward at 317-639-9501

 In State v. Doe the plaintiff was awarded $5,000 for compensatory damages and $150,000 for punitive damages by a jury. But under Indiana statute capping punitive damage awards, the plaintiff would receive the full amount of $5,000 for compensatory damages and 25% of $50,000 ($12,500) for a total award of $17,500. Indiana’s Violent Crime Victim Compensation Fund would receive $37,500.

 The law firm of Ward & Ward has over 80 years of combined experience in breaking down the facts of a personal injury claim and working with insurance companies on behalf of their clients. If you have been injured in an automobile, trucking, motorcycle, or bicycle accident, please feel free to call me at 317-639-9501 for a free consultation.

Charlie Ward

(317) 639-9501

Supreme Court Upholds Caps on Punitive Damage Awards in Indiana | Auto, Motorcycle and 18-Wheeler Trucking Accident Personal Injury Lawyer

Indiana Enacts Caps on Punitive Damage AwardsCall Charlie Ward at 317-639-9501

Recently, the Indiana State Supreme Court upheld, by unanimous decision, Indiana statutes placing caps on punitive damage awards and how distribution is made.

Under Indiana statute IC § 34-51-3-4, awards granted to plaintiffs for punitive damages are capped at three times compensatory damages or $50,000, whichever is greater. Under IC § 34-51-3-6 the plaintiff would receive 25% of the punitive damage award with the greater amount of the award (75%) going to the state’s Violent Crime Victim Compensation Fund.

In State v. Doe the plaintiff was awarded $5,000 for compensatory damages and $150,000 for punitive damages by a jury. But under Indiana statute capping punitive damage awards, the plaintiff would receive the full amount of $5,000 for compensatory damages and 25% of $50,000 ($12,500) for a total award of $17,500. Indiana’s Violent Crime Victim Compensation Fund would receive $37,500.

A law firm with experience.

The law firm of Ward & Ward has over 85 years of combined experience in breaking down the facts of a personal injury claim and working with insurance companies on behalf of their clients. Although caps on punitive damage awards may not generate the desired effect on large corporations, the legislation has been upheld when reviewed in the highest court.

If you have been injured in an automobile, trucking, motorcycle, or bicycle accident, or suffered in a pedestrian accident, please feel free to call me at 317-639-9501 for a free consultation.

Charlie Ward

(317) 639-9501

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

 

Why you Need an Experienced Indiana Motorcycle Injury Accident Lawyer

Attorneys Use Contributory Negligence as Affirmative Defense in Motorcycle Accident ClaimsCall Charlie Ward at 317-639-9501

A person injured in a motorcycle accident that is a direct result of another driver’s negligence, requires legal representation by a knowledgeable and experienced personal injury attorney that understands and can counter the defenses employed by defendant’s counsel. Defendant will likely attempt to portray the cyclist as a “risk-taker” who is in whole or part to blame for his or her own injuries. Why? Because Indiana’s comparative fault law proclaims that a Plaintiff who is more than 50% at fault for his or her own injuries cannot recover for damages.

Contributory negligence in motorcycle accidents claims

Indiana Code 34-51-2-6 states:

“…the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.”

From a defense perspective, proving plaintiff’s contributory negligence would reduce or even eliminate the defendant’s financial exposure in the claim.

In an affirmative defense strategy, defendant’s counsel may attempt to plant the seed of negligence and portray cycling as an inherently risky behavior. Asking the jury to consider that the cyclist failed to mitigate their damages by opting not to wear a helmet is a very common defense. However, an experienced lawyer representing motorcycle claimants will petition the Court early on to disallow any speculation about Plaintiff’s failure to wear protective headgear. In State v. Eaton, 659N.E.2d232 (Ind. Ct. App. 1996) establishes that Indiana motorcyclists have no common law duty to wear a helmet or protective eyewear. Therefore absent any protective head gear or eyewear, defendant may not hold cyclist accountable for failing to do so and a jury may not speculate how the injured party’s damages might have been lessened if a helmet had been worn.

Motorcycle claims are very different from auto accident claims and require help from an experienced lawyer

Motorcycle lawsuits require counsel experienced in litigating cyclist’s claims. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim.