Tag Archives: truck accident

Ward & Ward Law Firm has been chosen by Three Best Rated as one of Top Three Personal Injury Lawyer firms in Indianapolis

Tractor Trailer and Wrongful Death Attorneys, Don and Charlie Ward of Ward & Ward Law Firm, have been chosen by Three Best Rated as one of Top Three Personal Injury Lawyer firms in Indianapolis, Indiana

“Ward & Ward Law Firm personal injury and wrongful death attorneys have been selected as Top 3 Personal Injury Lawyers in Indianapolis, Indiana by Three Best Rated. The top 3 local businesses are chosen by category and community. The criteria used for the selection process utilizes the business’ reviews, history, complaints, ratings, satisfaction, trust, cost and general excellence. Categories include doctors, lawyers, restaurants and other professional services in Indianapolis.”

Read the full  press release.

 

Unjust Law Strengthened Aspirations of 2015 Legendary Personal Injury Lawyer | Car Accident Lawyers and Personal Injury Attorneys

Unjust Law Strengthened Aspirations of 2015 Legendary Personal Injury Lawyer | Car Accident Lawyers and Personal Injury Attorneys

20155 Legendary Personal Injury Lawyer, Don WardWhen Indiana personal injury attorney, Donald W. Ward, was a first year law student, he learned through personal experience that “a lot of injustices have been legislatively induced.” To counter the power structure favoring insurance companies and special interests, the former President of the Indiana Trial Lawyers Association has worked alongside like-minded, dedicated trial lawyers with members of the Indiana General Assembly to amend and pass legislation that would protect the trial court “wins” for injured clients.

Ward recalls one peculiar aspect of the Indiana Guest Statute that directly influenced his professional aspirations. During the fifties and prior to its amendment in 1998, the Indiana Guest Statute favored insurance companies by preventing an injured or deceased passenger from filing suit against a negligent owner or operator of the vehicle in which they were riding, except under narrowly defined circumstances. “Because you were a guest in my car,” Ward said, “my negligent driving did not entitle you to sue me for injuries caused by my negligent driving unless you could prove that I willfully or wantonly ran that red light.” Willful intent was key to overcoming the restrictions of the unjust law.

The early Guest Statute personally affected the Notre Dame Law Student

Jurisprudence was Ward’s calling. But it became personal after his sixteen-year old sister sustained life-threatening injuries when the vehicle in which she was riding crashed due to driver’s negligence. Upon learning of her accident and the injuries she suffered, he immediately left the law school he was attending to take his place with the family alongside her bed.

While in a prolonged state of unconsciousness, witnesses to the crash misled authorities by withholding facts. There was little hope her body could survive the excessive traumas and because of the restrictions placed in Indiana’s Guest Statute, little expectation that the driver’s insurance company would be financially accountable for the mounting medical bills.

Sometime later―her jaw wired shut―she awoke from a comatose state. When she finally regained the ability to form words, she stunned family members when she communicated to them that the driver of the vehicle in which she was riding had been drag racing on the road leading into the small town of Osgood when the accident occurred. She further articulated that prior to the crash, she and other passengers in the car firmly told the driver to “slow down.” Although latent, the adolescent eyewitnesses eventually corroborated the illuminating statement made from the hospital bed.

When the authorities determined the cause of the accident; that the driver of the car had “willfully” engaged in risky driving behavior; and the victim’s request to “slow down” had gone unheeded, this was the break family attorney and Ward’s mentor needed to proceed with a claim that would fall within the strict interpretation of the law. This incident and the bond formed between Ward and the late Howard S. Young Jr., served to strengthen Ward’s resolve to become a practicing plaintiff’s lawyer and to use his skills to affect changes in laws that were unjust and denied citizens equal access to trial by jury.

Former President of the Indiana Trial Lawyers Association

Since those days back in the fifties, members of the Indiana Trial Lawyer Association have worked diligently to protect the rights of Hoosier citizens in the legislative process. Ward says, “It is my belief that the voices of individual citizens are heard in the legislative process through the members of the Indiana Trial Lawyers Association.” When asked about his career as a trial lawyer, he said “The law profession is a very noble profession and I am very proud to have been a small part of it.”

Indiana’s Guest Statute, also known as the “Hitchhiker’s Law,” was eventually amended and implemented in 1998 reducing its scope to include parents, spouses, children, stepchildren, siblings, and hitchhikers. To learn more about the current Guest Statute in Indiana, visit the Ward & Ward Law Firm blog.

On August 19, 2015, Donald W. Ward of Ward & Ward Law Firm in Indianapolis, received the 2015 Legendary Lawyer Award presented by the Indiana Bar Foundation, a charity comprised of lawyers and judges who are dedicated to strengthening access to justice and an appreciation for the rule of law in Indiana. The committee that selected Ward was composed of Bar Foundation Fellows practicing law across the state of Indiana. Today, Ward is a diligent advocate for his firm’s injured clients and the families of wrongful death victims. Ward says he has no intention of retiring and will continue his work as a practicing personal injury lawyer.

Experienced Indianapolis Personal Injury Attorneys and Car Accident Lawyers

Call personal injury and accident lawyer Charlie Ward today for a free consultationIf you, or someone you know, has been injured in an accident, call personal injury attorneys and car accident lawyers,  Don and Charlie Ward, today at 317-639-9501 or 888-639-9501 for an evaluation of your claim.

Ward & Ward Law Firm
Car Accident Lawyers and Personal Injury Attorneys
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
888-639-9501

Elements of a Truck Accident Claim for Damages

 

The damages involved in a truck accident claim | The Truck Accident Lawyers

Truck Accident Claims | The Elements of Damages

When a  personal injury case is filed with the court, your  attorney will list the damages you received from the accident on the Complaint. Due to size and weight variables, vehicular impact with a commercial van, refrigerated truck, load hauling semi tractor or armored vehicle may cause serious harm, severe injuries and even death to those persons who experience an unfortunate commercial vehicular crash.

Generally speaking, an accidental encounter with a commercial vehicle may have, but is not limited to the following elements in a civil suit for damages:Call Charlie Ward at 317-639-9501

  1. Physical injuries –  Bodily injuries are often multiple and severe and may include, but are not limited to internal injuries, catastrophic brain injury, spinal cord damage, broken or severed limbs, temporary and/or permanent physical limitations and/or disabilities.
  2. Medical bills –   including emergency room and hospital services, medical treatment, medical providers, physical therapy, rehabilitation facility, blood work, radiology and medical devices.
  3. Pain & suffering – This may include severe and chronic pain
  4. Permanent impairment rating – May preclude you from returning to your job in the same capacity as before the accident or a reduced wage-earning capacity
  5. Wage loss / loss of earning capacity – past, present and future
  6. Loss of consortium – a claim for loss of companionship which may be made by your spouse
  7. Property damages – includes vehicle and personal property

 Experience negotiating with trucking industry defendant insurance companies | The truck accident lawyers

If you or someone you know has been injured in an accident involving a truck, semi tractor-trailer or commercial trucking van, you want an experienced negotiator or trial attorney working on your behalf. The truck accident lawyers at Ward & Ward Law Firm treat every claim as if it will be going to trial. What does that mean?

Our legal team prepares every case thoroughly from the initial investigation, through the discovery process,call Charlie Ward at 317–639-9501 for a free consultation.

By Charlie Ward

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

Indiana Truck Accident Injury or Wrongful Death Claims Require Swift Legal Action by an Experienced Truck Accident Lawyer

Truck accident with injury attorney
Most truck drivers operate their vehicles responsibly, exercising care and respect for others. But due to size, weight and velocity, an accident involving a truck can produce severe injuries that dramatically alter a person’s quality of life.

If you or a family member or members have been involved in an accident with injuries or death caused by the negligence of a semi-truck or tractor-trailer big rig owner/driver, you should immediately seek the advice and legal counsel of a skilled injury attorney who has experience litigating complex truck accident claims. The unique aspects of trucking accident claims require immediate action from your legal team including a demand upon defendant(s) to preserve all evidence your lawyer deems essential to the litigation of your claim. Such evidence will likely include black box recovery from the commercial motor vehicle and the download of critical information recorded moments before and up to the time of the crash. Pair black box data with eye witness testimony and a picture begins to form. Call Charlie Ward at 317-639-9501In addition, your injury attorney will seek to protect from spoliation owner/operator phone records and communications, personnel files, driver’s logs, drug testing reports and service records along with other valuable pieces of evidence critical to your case.

An experienced truck accident lawyer will immediately identify the responsible parties, physically investigate and photograph the scene of the accident, the approach to the scene and the physical surroundings at the scene and discuss the facts of the crash in depth with investigating officers. Your attorney may contact media for news reports and film, request 911 recordings and obtain police report(s) and photographs. If the accident occurred in an area served by businesses, a request for security camera files may be made upon surrounding businesses for the purpose of obtaining additional evidence. And a private investigator hired by your attorney will search for witnesses to the accident and contact each one personally to obtain their statement.

All of this and much more is coordinated and carried out by your lawyer and their legal team as soon as possible after the collision has occurred and before files can become lost, misplaced or corrupted as digital files sometime do.

Wrongful death caused by negligence of a commercial motor vehicle owner/operator

If a person has died from injuries received in a collision involving a commercial motor vehicle, all of the steps mentioned above will occur. But in addition, an estate must be opened for the deceased person and a representative appointed to act on their behalf in the ensuing litigation.

Our truck accident lawyers have the resources to finance your commercial semi-truck accident claim

Like medical malpractice claims, a truck accident claim requires financial resources to effectively pursue litigation of your claim. When you are seeking legal representation for your truck accident claim, you need to be sure that your attorney has the monetary resources required to hire a private investigator and to pay for the necessary expert witnesses that will write reports and testify on your behalf. If the parties involved are unable or unwilling to reach a reasonable settlement agreement, you can be confident that Ward & Ward Law Firm attorneys have the staff and the financial resources to take your claim to trial.

Your legal team, under the direction of your attorney, will devote many hours to your case while you or your loved one focus attention on recuperating from injuries sustained and all matters of health and well-being.

The attorneys at Ward & Ward Law Firm have more than 85 years of combined experience litigating claims involving commercial motor vehicles and have the financial resources to effectively and successfully represent you or your loved ones. Call Charlie Ward today at 317-639-9501 for an in-depth review and analysis of your claim.

By Charlie Ward
[email protected]

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

 

Collecting Evidence for Accidents Involving Trucks, 18-Wheeler and Semi-Tractor Trailers in Indiana

Evidence should be obtained immediately in accident involving trucks

Call Charlie Ward at 317-639-9501

Car and motorcycle accidents involving trucks require time, energy, resources and a sound knowledge of the trucking industry and products liability. An experienced plaintiff’s attorney will already have familiarity with the Federal Motor Carrier Safety Regulations (FMCSR) which govern all vehicles engaged in interstate traffic.  But collecting evidence in a timely manner to corroborate defendant’s negligence is vital to plaintiff’s cause.

Lawyers place drivers, truck owners and insurance companies on notice for investigation of collision

Often, the first act made by an experienced plaintiff’s attorney after agreeing to represent the Plaintiff, is to locate the vehicles and put all parties, including insurance carriers, on notice to refrain from moving and/or repairing vehicles before an investigation can be conducted. Logbooks, employment records and company policy manuals will be requested and thoroughly examined by plaintiff’s lawyer.

Private investigators are involved immediately

Meanwhile, an experienced investigator will interview witnesses and get statements on the record before memories diminish or fail altogether. The attorney’s PI will red-flag any pertinent company or driver information and use his or her expertise to research driving records, driver’s license history, and pan for any additional information such as potential criminal history and/or credit concerns belonging to the driver or his employer.

Accident reconstruction experts re-create accident using physical evidence

Forensic experts in accident reconstruction may be hired to download data from the trucks event data recorder, reconstruct the accident, photograph the scene under similar lighting conditions and write a detailed report. The forensic report will be submitted as evidence and the expert’s testimony will likely be given in deposition or before a jury.

Motorcyclists injured or killed by a semi

In cases involving motorcycles, lawyers representing the defendant insurance company’s interests often use the defense that the motorcycle driver’s profile was too small to be seen, affecting the driver’s ability to be aware of the cyclist’s existence and proximity. However, most cycling apparel manufacturers sew a reflecting material or threads into their garments for the safety and protection of riders. The fact that a cyclist may have purchased specialized clothing can be used to illustrate that claimant was a responsible and safety-conscious rider. And in an effort to disrupt jurist’s possible negative perceptions about cyclists as “risk-takers”, plaintiff’s attorney will obtain rider’s clothing, if available, to be used as evidence verifying rider’s safety conscious consideration.

Experienced trucking accident attorneys intercede immediately into the investigation

Plainly, time is a central factor in an investigation involving trucking, 18-wheeler and semi-tractor trailer accidents. Charlie Ward is a personal injury attorney experienced in accident litigation and wrongful death claims for families whose loved ones were fatally injured in motorcycle, auto and trucking accidents. If you or a loved one has been injured by the negligence of a truck driver, manufacturer or trucking company, call Charlie today at 317-639-9501 to discuss your accident and receive a free analysis of your claim. The law office of Ward & Ward receives no legal fees or expenses unless we collect on your behalf.

By Charlie Ward

[email protected]

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

 

 

Indiana Truck Accident Lawyers Seek Larger Settlements

Having the skilled truck accident attorneys of Ward & Ward Law Firm behind you maximizes the value of your truck accident settlement in several ways.

  • Access to key resources – We preserve evidence, fully investigate truck accidents, and seek to establish negligence of the other driver. And we document the full impact of injuries, including necessary future treatment to ensure bills are paid and families are not left in financial ruin.
  • Specialized knowledge – The trucking industry is governed by complex state and federal laws. At Ward & Ward Law Firm, we focus almost exclusively on personal injury cases, including truck accidents claims. We understand commercial carriers are governed by Federal Motor Carrier Safety regulations and Indiana laws, including the statute of limitations. Our attorneys pinpoint negligent acts, identify trucking law violations, and determine all potential defendants to help you receive the best possible trucking accident settlement.
  • Leverage with the insurance companies – Even before you lawsuit is filed with the court, the defendant’s insurance company may offer to settle your case. However, an early truck accident settlement is likely to reimburse only a fraction of your total damages. Hiring an attorney protects your interests and demands that the insurance company take you seriously by offering full reimbursement for your losses.

Experienced personal injury lawyers offer our clients the full financial resources of our firm to employ expert witness testimony and physician reports

At Ward & Ward, we fully investigate and employ expert witnesses in cases where liability may be in question. Using an expert economist report or testimony,  we are able to assess the monetary loss of quality of life before and after a truck accident and use this information along with our lawyer’s experience and knowledge to leverage a fair settlement for Indiana truck accident victims and their families.

Call Charlie Ward today at 317-639-9501 if you or someone you know has been injured or killed in an accident involving a commercial semi truck or 18 wheeler.

By Charlie Ward

[email protected]

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