Tag Archives: Auto accident injury lawyer in Indianapolis

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

 

Medicare Update on Indiana Hospital Lien Statute – Legislation Benefits Medicare Recipients With Personal Injuries

Changes in Hospital Lien Statute Benefit Injured Medicare RecipientsCall Charlie Ward at 317-639-9501

In January I wrote an article about the Indiana Hospital Lien Statute and how it may affect your claim for personal injuries and compensation for damages caused by a car, motorcycle or trucking accident. Since then the Statute was amended and on July 1, 2013 a number of changes went into effect.

History of Hospital Lien Statute and Medicare

The original Hospital Lien Statute became law during the 1930s—decades before Medicare was enacted in 1965. Prior to the 2013 changes in the Indiana Statute, hospitals could elect not to bill Medicare insurance for charges relating to medical treatment rendered to a Medicare recipient who had been injured in an accident through the negligence of another. Today under the new provisions of the hospital lien statute [IC 32-33-4-3(b)(3)(e)], Medicare patients are exempt from the lien.

The Indiana Trial Lawyers Association and the 2013 Indiana General Assembly has taken a stand for the citizens of Indiana and Medicare recipients!

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 85 years of combined experience in personal injury and wrongful death claims including injuries resulting from auto, motorcycle and trucking accidents.

 

Drowning | Indianapolis Traumatic Brain Injury Attorney

Some summers ago I witnessed a toddler who was unaware of the perils of an Call Charlie Ward at 317-639-9501azure pool — quietly and generally unnoticed, go ambling into the water while her mother was momentarily distracted. Below the surface, the child’s face was without fear as she floundered in silence, her small arms and baby legs calmly and quietly treading, searching for a pocket of fresh air. Meanwhile, above the surface there was no indication that this child was suffocating. There were no pleas for help, no flailing of arms and no commotion of any kind from the toddler. Before I could come to her aid, her mother caught sight of the situation and rescued the child. As in any stressful situation, a moment in time can seem like an eternity and after the danger has past, the most detailed of events can be recalled in slow motion. Such was my experience. But the most troubling aspect of the incident and the thing that I have taken away, was the quiet calm of a child jeopardized by silence.

The Center for Disease Control has found:

  • Fatal drownings remain the second leading cause of unintentional injury-related death for children ages 1 – 14 – second only to motor vehicle crashes
  • 1 in 5 children who are treated for drowning in ERs, die
  • More than half of drowning victims treated in ERs require hospitalization for further care and treatment, i.e. brain damage from oxygen deprivation resulting in memory problems, learning disabilities and a loss of basic functioning.

The damage associated with oxygen deprivation and brain injuries can be irreversible depending upon many factors including the age and health of the individual. Immediate and on-site resuscitation is the key to increasing survival chances without brain damage.

With high temperatures looming over Indiana this summer and record heat waves, many Hoosier parents and their children are seeking relief from the heat in water parks, rivers, lakes and pools. Adult supervision and a certified swim program can prepare you and your family for the water and the hazards associated with water play.

The Brain Injury Attorneys

If you or someone you know has been in an accident and brain injury is involved, an attorney experienced in personal injury matters involving traumatic brain injuries may suggest a neuropsychological evaluation. Ward & Ward Law Firm has over 80 years of combined experience in personal injury and wrongful death cases. The law firm of Ward & Ward receives no fee unless you recover for your injuries. Call Charlie Ward today for a FREE consultation.

 

Auto, Motorcycle, Trucking Accidents Leading Cause of Traumatic Brain Injury Related Deaths

Motor Vehicle Accidents Leading Cause of Traumatic Brain InjuryCall Charlie Ward at 317-639-9501

A traumatic brain injury (TBI) is a result of a sudden trauma to the skull or a penetrating head injury. Nearly one-third of all injury related deaths involve a traumatic brain injury with motor vehicle accidents being the leading cause of TBI- related death, according to the U.S. Department of Health and Human Services—Centers for Disease Control and Prevention. Traumatic brain injuries may also result from shaken baby syndrome.

Coup-Contrecoup Injuries

A contusion is a bruise or injury below the surface caused by blunt force. Coup (pronounced kou) and Contrecoup (pronounced kon-tre-kou) injuries are contusions brought about by the brain slamming into the skull as a result of a strong blow to the head. A coup injury occurs when the brain impacts the inner skull at a single point, often the frontal lobe. A Contrecoup injury occurs when the brain slams into the opposite side of the skull or coup injury due to a recoiling action; often resulting in a contusion of the temporal lobe. Frontal and temporal lobe injuries may affect decision-making abilities and are often associated with language issues—both communicating and understanding language.

In an automobile, motorcycle or trucking accident, a sudden impact with severe strike to the head may cause the brain to ricochet against the inner skull creating opposing contusions. Medical professionals identify this kind of TBI as a Coup-Contrecoup injury.

Coup-Contrecoup injuries may include the following symptoms:

  • Bleeding of the brain;
  • Swelling within the confines of the skull;
  • Disruption of spinal fluid which nourishes the brain; and/or
  • Skull fragments entering brain tissue.

Damage to Brain may be Irreversible

Sadly, the damage caused by coup-contrecoup injuries is usually irreversible. Treatment of these injuries consists of addressing further damage or complications by the use of surgery or medications to control brain swelling and/or bleeding.

Disabilities from a TBI depend upon the severity of the injury, the location of the injury and the age and general health of the patient. The prognosis for moderate to severely injured patients of traumatic brain injuries consists of an individually tailored treatment plan which may include physical, occupational, speech and language therapies and psychiatric support. The most severely injured patients may continue in a persistent vegetative state (PVS) in which an individual remains in a vegetative state for more than a month.

Traumatic Brain Injury Lawyers

If you or someone you know has been in an accident and suspect there may have been damage to the brain, an attorney experienced in personal injury matters involving traumatic brain injuries may want to suggest a neuropsychological evaluation. Ward & Ward Law Firm has over 80 years of combined experience in personal injury cases. The law firm of Ward & Ward receives no fee unless you recover for your injuries. Call Charlie Ward today for a FREE consultation or visit https://www.wardlawfirm.com.

Charlie Ward

cpw@wardlawfirm.com

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

www.wardlawfirm.com