Tag Archives: collision

Car Accident Attorney in Indianapolis | Black Box As Evidence

Preservation of black box evidence may be critical in supporting your accident claim
Event data recorders log vehicular speeds

 

Can black box technology be used as evidence in criminal and civil courts?

If you have ever been in an automobile accident, it is likely that the events leading up to the collision were captured by a device known as a “black box”. The lay term is “black box” but the technical term which you will see in official documents and court records is “Event Data Recorder” or EDR.

Does my car have a black box installed?

History shows that in the early 1990’s, automobile manufacturers  from Cadillac, Chevrolet, Buick and Pontiac used the EDR as a way to understand how vehicles performed in accidents.  Since 2000,  the National Highway Traffic Safety Administration (NHTSA) has collected data involving car accidents as well.  Today every vehicle sold in the United States must have an EDR.

Since 2012, automobiles equipped with EDR are required by the NHTSA to track 15 different data points including speed, steering, braking, acceleration, seat belt use, and if in an accident, force of impact and air bag deployment.  To find out if an older car has an EDR check Harris Technical Services or Accident Reconstruction Network.

Will the download of my car’s black box data help my accident lawsuit?

With all this information stored in an EDR, the question becomes whether the data download is admissible in a court of law.  Fifteen states have passed laws that give criminal law enforcement and others involved in civil litigation, the ability to retrieve the data with a court order even though the data belongs to the owner of the vehicle.   Some argue that the privacy issue should be taken up with Congress when dealing with the issue of crash data.

Lawyers with experience in retrieval and interpretation of black box information

Call Charlie Ward at 317-639-9501Regardless, the EDR in every car crash has relevant evidence and will likely be retrieved and used as evidence in all civil litigation cases. Lawyers, Charlie and Don Ward have experience in protecting and preserving black block technology data and working with reconstruction experts in the interpretation of the evidence. If you’ve been injured in an accident, call Charlie Ward today at 317-639-9501 for a free evaluation of your claim.

By Charlie Ward

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

How Do I Pay My Medical Bills After an Accident?

Overwhelmed by medical bills from my accident – How do I pay my bills?

If you have health insurance, your insurance provider may cover the care you receive from in-network hospitals, doctors and other medical providers. In rare situations where you were taken by ambulance to a hospital that is not in your network, your health insurance may cover the ER bill if you were unable to select an in-network hospital from the scene of the accident. After your health insurance, your medical payment insurance or “med-pay” will help you to pay your medical bills. Check your automobile policy to determine how much med-pay insurance you have.Call Charlie Ward at 317-639-9501

Lawyer Charlie Ward of Ward & Ward Law Firm recommends you purchase as much med-pay insurance as your can afford. Talk with your insurance agent to obtain a quote. Med-pay insurance becomes cheaper the more your purchase. You may be surprised how inexpensive good coverage is when you seek a quote for a higher amount. Remember that medical payment insurance is to your benefit by covering medical bills and medical expenses, i.e. hospital, doctors, radiology, lab work, prescriptions, physical therapy and much more. It can ease the strain of potential economic hardship and/or the loss of your wages after you’ve experienced a wreck or collision.

If you know someone that has been injured in an accident and having trouble paying their medical bills, call attorney, Charlie Ward, today at 317-639-9501.

By Charlie Ward

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

How Semi-Truck Accidents Differ from Car Accidents in Indiana

Indianapolis Turck Accident Injury Attorney When you need an attorney to represent you, select a lawyer with tractor-trailer accident litigation experience to represent you.

With semi-trucks responsible for delivering as much as 75 percent of all cargo shipped across the United States, motorists and trucks are forced to share the roadways daily. However, sharing the roadway with such big vehicles poses some unique hazards.Call Charlie Ward at 317-639-9501

Most semi-trucks in the United States have six to ten wheels, are more than eight feet wide, 13 feet tall, and weigh as much as 80,000 pounds. When semi-truck accidents in Indianapolis occur, the results are often fatal. Seeking guidance from the experienced team at Ward & Ward can help ensure your rights are protected and proper measures are taken to achieve just compensation for your losses.

How truck accidents differ from motor vehicle accidents

A semi-truck accident differs from a regular car accident in a number of ways, including:

Size and construction

The sheer difference in size between a semi-truck and a car often means the damage and injuries in a semi-truck accident are much worse. Semi-trucks are more difficult to maneuver, turn, and control meaning even the smallest obstacle in the road or unexpected turn of events can become a potential catastrophe. The way semi-trucks are constructed and operated also creates opportunity for accidents. Trucks have numerous blind spots that increase the chances a truck may run a car off the road. Also trucks require greater stopping distance that leads to dangerous rear-end collisions when a truck is forced to stop short.

Driver conditions

Because semi-truck drivers are under pressure to reach destinations quickly, they often work long hours without proper breaks and become more easily distracted, prone to the influence of drugs and alcohol to stay awake, and more likely to drive while fatigued. All of these factors can contribute to a potential accident.

Trucking laws and regulations

Laws that govern the operation of semi trucks are much more complex than those for motor vehicles, as are the rules surrounding litigation of trucking accidents versus auto accidents. For these reasons, it is extremely important to seek guidance from an experienced lawyer if you are involved in a trucking accident.

Determining fault is often more difficult than in a car accident. A semi truck accident attorney knows liability may fall on a number of different parties and each may have a separate insurance policy. With so many people and companies involved, it pays to have a skilled attorney who knows how to handle properly an investigation and uncover the responsible party.

Handling your Indiana truck accident and injury cases

At Ward & Ward, our semi-truck accident attorneys have the skills necessary to obtain the compensation you deserve. If you or a loved one is a victim of an accident in the Indianapolis greater metropolitan area or in the state of Indiana, contact Ward & Ward to arrange a free consultation with a skilled lawyer today. We are available to speak with you 24 hours a day, seven days a week.

Auto Recall Legislation|Indiana Personal Injury Lawyer’s View Point

Indianapolis Product Recall  Personal InjuryVehicle manufacturers have a duty to report safety issues by law.   The legislation is known as Transportation Recall Enhancement, Accountability, and Documentation–TREAD.

Over a decade ago, there were  several hundred deaths and many individuals seriously injured as a result of defective tires made by Firestone on Ford Explorers.  In 2001, Congress took action and passed TREAD to require vehicle manufacturers to report safety issues in a timely manner.  The goal of the legislation to require auto manufacturers to report defects, not to hide them.  Once reported the National Highway Safety Administration can issue recalls, impose fines and potentially order criminal charges.Call Charlie Ward at 317-639-9501

However, many argue the legislation is failing due to time delays (sometimes several years).   In the past few years delayed actions resulted in many deaths and serious injuries as a result of sudden acceleration in Toyota vehicles (several years ago), ignition switch issues in General Motors vehicles (past 2 years) and now with airbags involving the Japanese company Takata.   Facts uncovered in Toyota’s sudden acceleration and GM’s ignition switch showed the manufacturer’s knowledge of the defects many years before any action was taken.  The Federal Government is currently investigating Honda on whether Honda failed to timely report deaths and injuries caused by defective airbags.

The end result–delays in recalling vehicles leads to unnecessary deaths and serious injuries.

Personal Injury Attorney,

Charlie Ward

[email protected]

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

Air Bag Recalls | Personal Injury Lawyers in Indianapolis

To check and see if your vehicle is covered in the airbag recall, check out the following link.

Indianapolis Personal Injury Attorney - Auto Air Bag Accidents The federal government increased the number of vehicles in a safety recall involving airbags from five million to eight million.  Vehicles in the recall include Toyotas, Hondas, Nissans and others. Call personal injury and accident lawyer Charlie Ward today for a free consultationThe government is urging owners to have the vehicles repaired as soon as possible because the airbags pose the risk of death and/or serious injury in a vehicle accident.  Investigators are also concerned that hot, humid air could potentially cause the air bag to explode unexpectedly.  Should this occur, it could cause metal shrapnel flying, causing death or serious injury.  General Motors and other manufacturers have also recently recalled vehicles for safety issues regarding airbags.  In total worldwide over 16 million vehicles have been recalled for safety issues involving airbags since 2002.  David Friedman with the National Highway Transportation Safety Administration urges all consumers with these vehicles to immediately have them repaired to prevent any deaths or injuries.

Safety groups allege that four people have been killed and numerous others seriously injured from the sudden airbag deployment.  Airbags have been required on new vehicles since 1999.   The airbag devices are made by Tokyo based, Takata Corporation.

 

Teenage driving safety and accident prevention | Indiana auto accidents

Educating teenage drivers on the dangers of the roadway and getting hands on lessons in driver safety.Call Charlie Ward at 317-639-9501

The Street Survival Foundation and Hoosier BMW came together to educate teenage drivers on the dangers associated with driving vehicles on the roadway and learn how to drive in the rain as well as what to do what a vehicle suddenly breaks.

Education is the key to accident prevention. Please take a moment to watch this powerful video and share with your friends and family.

Everything you can do now to educate your teenager will help them as they grow older.

Roundabouts Safer for Pedestrians, Bicycles in Indiana

Roundabouts Mean Fewer Accidents for Cars, Pedestrians and BicyclistsCall Charlie Ward at 317-639-9501

Long ago Europe embraced and adopted the roundabout as a key part of their transportation system. Their statistics show that accidents involving pedestrians have been reduced by approximately seventy-five percent and attribute that reduction to the vast number of roundabouts populating much of Europe’s highways. The IIHS states regardless of age, pedestrians involved in crashes are more likely to be killed as vehicle speeds increase. In a report on pedestrian injuries recently prepared by the Preusser Research Group for the National Highway Traffic Safety Administration, the authors cite *research concluding

“about 5 percent of pedestrians hit by a vehicle traveling 20 mph will die. The fatality jumps to 40 percent for cars traveling 30 mph, 80 percent for cars going 40 mph, and 100 percent for cars going 50 mph

Roundabouts engineered to reduce speed

Roundabouts are becoming the standard in commuting. Carmel, Indiana is known for its more than 60 roundabouts. Their pedestrian crossing signs and line markings advise the pedestrian of the crosswalks. (Learn more about Carmel’s roundabouts here.) And in 2012, the city of Indianapolis developed plans to add four new roundabouts to the metro transportation grid. Each year, as funds become available, this number will grow.

Bicyclists and Pedestrian Recommendations

Roundabouts can be made safer for bicyclists and pedestrians.The Institute for Highway Safety recommends pedestrians walk the perimeter sidewalk using line markings to cross where necessary. Make yourself visible by wearing brightly colored clothing and make use of eye contact with approaching drivers’ who are intent on getting to their destination. Cyclists are recommended to ride the “middle” of the lane, not on the edge. This reduces confusion among drivers of motor vehicles. Cyclists should signal their turn for as long as possible and also try to make eye contact with drivers if possible. If traffic seems erratic and is overtaking you, pull off on the side and walk your cycle around the roundabout.

Lawyers with Bicycle and Pedestrian Accidents

The law firm of Ward & Ward has over 85 years of combined experience in personal injury law. If you or someone you know has been involved in an accident as a pedestrian or while riding a bicycle, call Charlie Ward for a free consultation.
By Charlie Ward

[email protected]

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

* To learn most about the Preusser study, visit http://www.nhtsa.gov/people/injury/research/pub/

The Short List of Motorcycle Accident Statistics

Indianapolis Personal Injury Lawyer- Motorcycle Accidents

Statistics don’t take inclement weather into account

The “Motorcycle Accident Cause Factors and Identification of Countermeasures,” was a study conducted by the University of Southern California and partially funded by the National Highway Traffic Safety Administration. This study investigated nearly every aspect of 900 accidents involving motorcycles in the Los Angeles area.  Below is a short list of some of the findings selected from the study. Keep in mind that the study was conducted in the sun-belt area of the United States and therefore, weather-related influences were not significantly factored into the results.

Call Charlie Ward at 317-639-9501

  1. Approximately three-fourths of motorcycle accidents involved collision with another vehicle.
  2. In single vehicle accidents, motorcycle rider error was present as the accident precipitating factor in about two-thirds of cases. The typical error being a slide out and fall due to over braking or running wide on a curve due to excess speed or under-cornering.
  3. In 66% of multiple vehicle accidents, the driver of the other vehicle violated the motorcyclist’s right-of-way.
  4. Intersections are the most likely place for the motorcycle accident, with the other vehicles violating the motorcyclist’s right-of-way, and often violating traffic controls.
  5. Most motorcycle accidents involve a short trip associated with shopping, errands, friends, entertainment or recreation, and the accident is likely to happen in a very short time close to the trip origin.
  6. Accident involvement is significantly reduced by the use of motorcycle headlamps or in daylight hours and the wearing of high visibility yellow, orange or bright red jackets.
  7. Motorcycle riders between the ages of 16 and 24 are significantly over-represented in accidents; motorcycle riders between the ages of 30 and 50 are significantly under represented.
  8. Motorcycle rider training reduces injuries and accident involvement.
  9. Motorcycle riders with dirt bike experience are significantly underrepresented in accident data.
  10. Motorcycle riders showed significant collision avoidance problems. Most riders would over brake and skid the rear wheel, and under brake the front wheel, greatly reducing collision avoidance deceleration. The ability to counter steer and swerve was essentially absent.
  11. The typical motorcycle accident allows the motorcyclist less than 2 seconds to complete all collision avoidance action.
  12. Large displacement motorcycles are underrepresented in accidents but they are associated with higher injury severity when involved in accidents.
  13. 98% of multiple vehicle collisions and 96% of single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.
  14. Injury severity increases with speed, alcohol involvement and motorcycle size.
  15. The most deadly injuries to the accident victims were injuries to the chest and head.
  16. The use of the safety helmet is the single critical factor in the reduction of head injury.
  17. Less than 10% of the motorcycle riders involved in these accidents had insurance of any kind to provide medical care or replace property.

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. The law office of Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your accident and receive a free analysis of your claim.

By: Charlie Ward

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

https://www.wardlawfirm.com

Whiplash Injury Causing Embolism Leads to Death

Embolism from a Whiplash Injury May Cause Death

Hollywood and portrayal of the injured victim

Most diagnosed whiplash injuries result from rear-end car collisions. Hollywood often portrays the whiplash victim as the neurotic personality or the gold-digging opportunist who is represented by the fast-talking, amoral courthouse lawyer. And we all laugh at Hollywood’s depiction—yes, even attorneys have a sense of humor about their profession. But the truth is that some whiplash injuries may go undetected for a period of time after an impact and in the worst case scenario, may result in embolism or even death.

The reality of whiplash is not so funny

Reports have documented deaths up to 8 days after a serious whiplash injury. But one case published in 1995 by the American Heart Association examined the death of a man which happened nearly 2 months after he was injured in a rear-end collision.[stroke.ahajournals.org]

The 50 year-old taxi driver and victim of a rear-end collision complained of headaches and experienced incidents of visual instabilities. Approximately 2 months after the accident, he was found unconscious in his cab and was admitted to the hospital. The initial CT scan was normal but another scan performed a couple of days later revealed abnormalities. On the third day he passed away. An autopsy showed that whiplash was responsible for a lesion to his right vertebral artery which quickly led to an embolism at the base of his skull.

The mechanics of a whiplash injury.

A forward flexion of the neck followed by an immediate swing backward describes what doctors and lawyers call whiplash. Whiplash injuries resulting from rear-end auto accidents can cause injuries to the cervical spine producing severe headaches and a stiff neck. If you or a family member has been rear-ended by another vehicle, no matter how minor the accident seems at the time, you should be followed up by a physician as soon as possible. And because an accident attorney knows that some injuries can bear a delayed manifestation, it is wise to seek legal advice.

Experienced injury lawyers understand the seriousness of whiplash injuries

Whiplash injuries are more serious than many acknowledge. Attorney, Charlie Ward, is experienced in personal injury accidents involving whiplash and would be happy to consult with you about your auto, motorcycle or trucking accident. Call him at 317-639-9501 today for a free consultation.

Charlie Ward

[email protected]

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