Tag Archives: motorcycle accident lawyers

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