Tag Archives: lawyer

Update on Wrongful Death Claim Against Apple for Not Implementing Lock-Out Technology

Update on Wrongful Death Claim Against Apple for Not Implementing Lock-Out Technology

Best distracted driving attorneys in indianapolis indianaThis week a judge in a Santa Clara Superior Court sided with Apple. in a tentative ruling, Riggs vs. Apple, Inc.

History of the Wrongful Death Claim

Multiple plaintiffs who had lost children and family members in wrongful death accidents, have joined forces, filing wrongful death and product liability cases against Apple for not implementing their lockout mechanism which would take over when a vehicle is in motion.

In our blog, Cell Phone Manufacturers Walk a Fine Line Between Social and Personal Responsibility, personal injury and wrongful death attorney, Charlie Ward, stated it was revealed during the discovery process in another claim against Apple, Inc. that Apple had filed and later received a technology patent in 2008 entitled Driver Handheld Computing Device Lockout.

Their patented motion and scenery analyzing functions would lock-out the sending and receiving of texts, emails, social media posts and notifications. But as of this writing (August, 2017), the technology has not been implemented by Apple even though Apple has distributed six cell phone upgrades and a number of IOS updates since receiving the patent on their lock-out technology. No other cell phone manufacturer has utilized similar technology. The availability of, and Apple’s choice not to deploy the technology is at the heart of this claim.

Proving Apple’s Negligence

In tort law, an obligation is imposed upon an individual to adhere to a standard of reasonable care when they are performing an act that could foreseeably harm others. In a claim for negligence, this is the first element that must be established.

Plaintiff must also prove that the defendant (in this case Apple, Inc.) breached the duty of care; and that this breach was the proximate cause of plaintiff’s damages, i.e. but for the defendant’s negligence the damages would not have been sustained.

The family of college student, David Riggs, who suffered fatal injuries by a motorist who was texting and driving, is blaming Apple for his son’s 2013 death.

The plaintiff alleges that Apple owed a duty of care to the public; that Apple breached Business and Professions Code § 17200 by making smart phone technology available to the public without providing a lock-out device for motorists, and the breach caused the plaintiff’s injuries and death.

The Court’s Conclusions

The judge called for a balancing of factors, i.e.:

“…foreseeability of harm to the plaintiff; the degree of certainty that the plaintiff suffered injury; the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant’s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty of exercise care with resulting liability for breach and the availability, cost and prevelence of insurance for the risk involved.”

The court further found that plaintiff’s injuries were more closely connected to the failure of the other driver’s inattention to the road, an intervening act.

“…where there is an independent intervening act that is not reasonably foreseeable, the defendant’s conduct is not deemed the “legal” or proximate cause”

The Future of Apple’s Lock-Out Technology and IOS 11

Product liability cases are a tool used by citizens and attorneys against corporations to force a change in behavior that will benefit society.

Although experienced personal injury and distracted driving attorneys have no way of knowing when Apple would have implemented their lock-out feature, I would suspect the onslaught of product liability cases against Apple has hastened the release of their patented technology lock-out feature.

It is rumored that IOS 11 will contain a Do Not Disturb While Driving function utilizing lock-out technology that will mute interruptions and maintain a dark screen upon selection of the option. There will also be an option to send an “unavailable” auto response to text messengers.

Injury Attorneys Experienced in Wrongful Death Claims Caused by Distracted Driving

Although Indiana’s texting and driving law has proven difficult to enforce, experienced injury lawyers know how to use evidence that may establish a case of clear liability in your claim for injuries or the wrongful death of a loved one.

If you or someone you know would like to consult an attorney about a claim, our firm offers free consultations with no obligation. Call attorney, Charlie Ward, today at 317-639-9501.

Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501 or  toll free at 1 (888) 639-9501
Published 8-30-17

 

2016 Update on Indiana’s Medical Malpractice Reform Legislation | Indiana Medical Malpractice Attorneys and Wrongful Death Lawyers

2016 Update on Indiana’s Medical Malpractice Reform Legislation | Indiana Medical Malpractice Attorneys and Wrongful Death Lawyers

Indiana 2016 updated Medical Malpractice ActAs lay people, we put our faith in physicians, nurses,  hospital facilities and other medical providers whom we trust to exercise sound professional decisions, provide quality care and abide by “best practice” standards in their field(s) of medicine. Most healthcare professionals meet or exceed the benchmark of quality health care we have come to expect. But when medical experts fail to meet a reasonable standard of care that results in your bodily injury or the death of a family member, you need an experienced Indiana medical malpractice attorney to represent you and your family’s interests in a legal action against a negligent medical practitioner(s ).

History of Indiana’s Medical Malpractice Act

In 1975, to avert an exodus of medical professionals from the state of Indiana, lawmakers enacted the Medical Malpractice Act which would bring stringent reform to civil actions for medical negligence and place caps on liability payouts. Caps for acts of medical negligence had been raised only twice since the initial legislation was enacted 41 years ago. Periodically, lawmakers should revisit the caps imposed by the Malpractice Act and make fair, economic adjustments that reflect inflation and soaring healthcare costs.

The Medical Malpractice Act as Amended in 2016


Call Charlie Ward at 317-639-9501Currently, Indiana has one of the lowest caps in the nation. In 2016, Senator Brent Steele from Bedford, Indiana authored and introduced Senate Bill 28 (SB 28) which would not only increase the caps imposed upon injured persons and the families of persons deceased by an act of medical negligence, but would hasten payments made by the Patient’s Compensation Fund for a court approved settlement or final non-appealable judgment. The Indiana Trial Lawyers Association (ITLA),  one of the most respected lobbies serving the interests of Hoosiers, backed Steele’s bill and worked diligently with lawmakers and healthcare providers alike, to amend and improve on certain aspects of Indiana’s Medical Malpractice Act. Although ITLA does not favor caps on tort claims, the political climate was ripe for all interested parties, including the Indiana Medical Association which represents physicians, to strike a compromise with lawmakers that would benefit individual citizens and continue to attract accomplished physicians and talented healthcare professionals to the state of Indiana.

After SB 28 was heavily amended by both the house and the senate, lawmakers voted unanimously on March 8, 2016, to send the bill to Governor Mike Pence for his signature. Several of the bill’s key changes to Indiana’s Medical Malpractice Act are shown on the right hand column in the chart below. Read SB 28.

Medical Malpractice Act

Prior to

July 1, 2017

 Medical Malpractice Act

Effective July 1, 2017

Liability Caps

Patients can only receive up to $1.25 million in damages from an act of malpractice.

Liability Caps

Effective, July 1, 2017, patients injured or killed by a negligent act of malpractice on or after July 1, 2017, may receive an amount no greater than $1.65 million in damages.

Effective July 1, 2019,  lawmakers have approved an additional raise of $150,000 for patients injured or killed by a negligent act of malpractice on or after July 1, 2019. Patients may receive an amount no greater than $1.8 million in damages.

(PCF) Patient’s Compensation Fund

Physicians and Providers are responsible for the first $250,000 in damages owed to one patient for one act of malpractice, and no more than $750,000 combined annually. The PCF covers the rest of a patient’s damages, which allows patients a guarantee of full compensation by excluding physicians’ insurance plans as a factor in the ability to cover damages awards.

 (PCF) Patient’s Compensation Fund

Effective, July 1, 2017,
Physicians and Providers are responsible for the first $400,000 in damages owed to one patient for one act of malpractice. The PCF is responsible for $1.25 million.

Effective, July 1, 2019,
Physicians and Providers are responsible for the first $500,000 in damages owed to one patient for one act of malpractice. The PCF is responsible for $1.3 million.

Time Limits

The statute of limitations for filing a complaint is two years from the act of malpractice. Children less than six years-old have until their eighth birthday to file a complaint.

Time Limits

No change.

Filing Complaints

Before taking a case to court, patients must file a complaint with the Indiana Department of Insurance, where a three-physician medical review panel reviews the claim. If there is one defendant, two of the three panel members must be from the accused physician’s specialty. The panel gives a non-conclusive, non-binding report, but they can be called as experts if the defendant chooses to take the case to court.

Filing Complaints

No change.

Payment from PCF

Claims for payment from the Patient’s Compensation Fund are paid quarterly

Payment from PCF

Effective July 1, 2017
Claims from the patient’s compensation fund must be paid not later than 60 days after the issuance of a court approved settlement or final non-appealable judgment.

 

Experienced Indiana Medical Malpractice Lawyers and Nursing Home Negligence Attorneys

Our experienced Indiana medical malpractice lawyers are here to navigate the complexities of the medical malpractice claims process for you and your loved ones. Call Ward & Ward Law Firm today at 317-639-9501 and ask for “Charlie” for a free, no obligation, consultation.

By Charlie Ward
[email protected]

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

 

Read more about medical malpractice lawyers in Indiana:

Medical Malpractice and Related Injuries

Understanding Indiana’s Medical Malpractice Law

 

 

Injured in an Indiana Bus Accident? | Call Indianapolis Bus Accident Lawyers

How does a law firm begin an investigation into a bus accident involving injuries and wrongful death?

How do you investigate a bus that caught fire after an accident?Determining cause in an accident involving a bus is vital to a claim but it may not always be as easy as it sounds. In a situation where multiple vehicles are involved in a single collision, it is not uncommon for the defendant driver to place fault, in whole or in part, on other drivers involved in the crash. And because every eyewitness to an accident sees the crash from a different perspective, position and point on a timeline, it’s reasonable to assume that eyewitness testimonies will collide. Like airline and semi tractor-trailer accidents, a thorough investigation of the accident scene, named responsible parties, environmental conditions at the time of the accident, vehicles involved, eyewitness testimony and the employment of an expert in accident reconstruction may ultimately reveal the cause or combination of causes responsible for the accident and the injuries received.

Talk with the law enforcement investigative team

In depth interviews with State Police or investigating law enforcement officers by lawyers representing the injured or deceased persons, may reveal the preliminary facts of the accident as determined by the investigating authorities who were at the scene only minutes after the accident occurred.

Download data from the black box and thoroughly inspect the bus and it’s components

Attorneys representing plaintiffs injured in a bus crash will immediately put on notice the owner-operator of the bus to refrain from making any repairs to the vehicle before it has received a thorough inspection by impartial experts, thus preventing spoliation of evidence including the on-board data recorder. The data recorder chronicles the final moments of the bus before impact, i.e. velocity and rpms or revolutions per minute over a specific period of time, usually a matter of seconds. Think of the “black box” as an accurate and impartial observer of what went down moments before the accident.

Engage a private investigator

Meanwhile, a private investigator will search the driving records and public court records including any criminal prosecutions against the defendant driver. The investigator, hired by the plaintiffs’ attorney, will make contact and record conversations with eyewitnesses and others involved in the crash. Each person will be examined about road and weather conditions at the time of the crash, their position relative to other vehicles involved in the accident and asked to give their best accounting of what occurred relative to their perspective at the time of the accident. They will also be asked to recall conversations with others at the scene and events that may have taken place after the accident.

Call Bus Accident Lawyer Charlie Ward at 1-888-639-9501

Call Charlie Ward at 317-639-9501If you or someone you know has been injured or killed in an accident involving a bus, you should speak to an experienced personal injury lawyer as soon as possible. The lawyers at Ward & Ward Law Firm have more than 85 years of combined experience in personal injury law involving bus accidents, motorcycle, car and trucking accidents. Give Charlie a call today at 317-639-9501 for a free evaluation of your claim.

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

Read about Indiana’s Comparative Fault Law here.

‘Tis the Season – The Primary Cause for Hunting Accidents in Indiana

Hunter’s Tree Stands Post Risk of Serious InjuryDeer Stand Hunting Accidents and Wrongful Deaths Indianapolis Indiana 46225

At the time of this writing on November 16, 2014, eight hunting enthusiasts have already been injured in Indiana since deer season opened on October 1st. Statistics show that tree stand, also known as deer stand injuries are responsible for the most common type of hunting accidents injuries.   Accidental shootings are the second most common hunting injury. National studies show that 10-30% of hunters posturing in a tree stand will have an incident during their hunting career.  Due to the high placement of the stand, most falls result in serious injuries and sometimes death.Call Charlie Ward at 317-639-9501

 

As interest in sport hunting increases, so does the use of tree stands

Over 1 million tree stands are manufactured annually and this number increases every year with the renewed interest in hunting for sport. States with longer hunting seasons, including Wisconsin, Michigan, Illinois, Iowa, Indiana, and Ohio, experience a greater number of serious injuries and deaths.

Although safety is paramount to preventing injuries, many individuals have never taken any form of tree education classes. Tree education classes are available for hunters of all ages.

Factors contributing to injuries

In general, tree stands are small in design and hunters have little room for mistakes.  Statistics show that most individuals who fall from the temporary stands seldom wear any form of safety belts.  The Indiana Department of Natural Resources recommends all hunters wear a full body harness which is attached to the tree as soon as the hunter begins their climb.

Cold air, darkness and lack of sleep are also contributing factors to individuals falling from tree stands.  The number of injuries can be reduced with proper education and proper warnings about the dangers associated with tree stands.

Attorney Charlie Ward has the knowledge and experience to get you the compensation you deserve, bringing your personal injury claim to a successful conclusion. If you or someone you know needs help with an injury claim, call Charlie at 317-639-9501 today.

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

Roundabouts Reduce Accidents in Indiana Counties

Indianapolis Lawyer car accident InjuriesA recent study details the ten most dangerous intersections for accidents in Indianapolis

The study, conducted by Indiana University Public Policy Institute in cooperation with other organizations, concluded the following information:

  • The least dangerous  intersection was South Post Road and East Washington Street (eastside Indianapolis) with 22 accidents.
  • The most dangerous intersection was at East Stop 11 Road and Madison Avenue (southside Indianapolis) with a total of 38 accidents.
  • Each intersection averaged approximately 30 per yearCall Charlie Ward at 317-639-9501

Accidents involving intersections have higher death rates and serious injuries

In 2013, Marion County Accident Statistics showed:

  • Approximately 29,000 accidents occurred
  • 9,700 of these accidents occurred at intersections
  • 69 individuals died as a result of the accidents

Roundabouts in Indianapolis and Surrounding Counties Save Lives

As a result, many towns and cities (including Carmel, Westfield, Fishers, Plainfield and Greenwood) have aggressively been installing roundabouts as a way to minimize serious accidents.   In the past 10 years Carmel has installed over 80 roundabouts and continues to aggressively install more.   Plainfield, Fishers, Westfield and Greenwood have stepped up their installation of roundabouts and Speedway is installing a roundabout at 16th and Crawfordsville Road next to The Indianapolis Motor Speedway.

What are the benefits of roundabouts?

Roundabouts save time for the driving public and are much safer than intersections.   Statistics show that traffic moves much easier and accidents in roundabouts are generally minor with fewer serious personal injuries.

Experienced Lawyers for pedestrians and bicyclists who have been injured

The lawyers at Ward & Ward Law Firm are experienced litigators of car, motorcycle, bicycle and trucking accidents. While the installation of roundabouts have improved the flow of motorized traffic, the designs may pose some problems for pedestrians and non-motorized vehicles. If you have been hurt by a negligent or careless driver of a vehicle, give Charlie Ward a call at 317-639-9501. We are here to speak with you 24 hours a day. Charlie Ward [email protected]awfirm.com

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

 

Basics Of A Negligence Action in Indianapolis and Greater Indiana

Indianapolis Auto Accident Injury Lawyer‘Negligence’ Pertaining to a Personal Injury Claim

You were involved in an accident. Now you are entangled in insurance paperwork and solicitations by lawyers to handle your case. You are bound to hear a bevy of unfamiliar legal terms related to your case. One of those common terms is “negligence.” What is negligence, and what exactly does it mean?Call Charlie Ward at 317-639-9501

According to Cornell.edu, negligence is the failure to take reasonable care that a prudent person would take under the same circumstances. Basically, it refers to a person’s careless or reckless actions that led to another person’s injuries or damages.

Negligence occurs in many forms, from car crashes to professional malpractice. Regardless of the specific type of case, ever since colonial times, a negligence action in the United States has had the same basic components:

  • Duty: Reasonable care, which is an objective standard, is the duty that most people owe to other people. Sometimes, there is a higher duty, such as in an attorney-client matter, and sometimes there is a lower duty, such as when a trespasser is injured on another person’s land.
  • Breach: If defendants fail to meet the applicable standard of care, then they have breached the legal duty. Often, as in Blyth v. Birmingham Water Works, there is an element of foreseeability: The defendant must understand that the breach of duty may result in damages.
  • Cause: Causation, the link between the breach of duty and the plaintiff’s damages, is actually a two-step inquiry:
    • Cause in fact: In legal terms, the plaintiff must show “but for” causation, i.e., that the injury would not have occurred “but for” the defendant’s negligence.
    • Proximate cause: Proximate cause goes back to foreseeability. In one famous case, Palsgraf v. Long Island Railroad, the defendant railroad company was not liable for the plaintiff’s injury that occurred when two porters pushed a man onto a moving train car, causing the man to drop a package of fireworks. The shockwave from the fireworks pushed over a pair of scales, which fell on the plaintiff. The court found that the injury was not foreseeable and the connection was too remote.
  • Damages: There is no action for negligence unless the plaintiff is damaged. Damages can include both economic and noneconomic damages. Economic damages would be easily quantifiable numbers, such as medical expenses and property damage. Non-economic damages are harder to assign value to, such as pain and suffering. Punitive damages are also available in some cases.

If you have questions about your personal injury case or need hard-hitting representation, contact an Indianapolis accident attorney today.

Maximizing Settlement Value of Trucking Accident Claims

AutoTruck  Accident Compensation Lawyer Compelling Factors in a Truck Accident Settlement

Trucking accidents impact lives on a large scale and have lasting consequences. When negligence is involved, injured victims deserve full compensation for medical treatment, lost wages, and pain and suffering. Insurance companies may be quick to initiate a truck accident settlement. However, it is essential to consult with an experienced attorney before accepting any settlement offers or else you risk settling for much less than you deserve.Call Charlie Ward at 317-639-9501
 

Estimating a proper settlement in an Indianapolis trucking accident

No two Indianapolis truck accidents are the same. How much your accident settlement is worth depends on a number of factors, including:

  • The extent of injuries
  • How your injuries impact your life and livelihood
  • Where the accident claim is filed
  • The ability of your attorney to present a compelling case

Prior cases and court decisions also weigh heavily on the outcome of an Indianapolis truck accident settlement.

At Ward & Ward, we take the time to understand your complete story and assess the difference in your quality of life before and after a truck accident. We leverage experience and knowledge to obtain fair settlements for accident victims and their families.

Our experienced Indianapolis attorneys maximize recovery

Having the skilled attorneys of Ward & Ward behind you maximizes the value of your settlement in several ways:

  • Access to key resources – We preserve evidence, fully investigate truck accidents, and establish negligence of the other party. We also 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, we focus almost exclusively on personal injury cases, including truck accidents. So we understand the specifics of 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 Indianapolis trucking accident settlement.
  • Leverage with the insurance companies – Even before you file suit, the insurance companies may offer to settle your case. However, an early accident settlement is likely to reimburse only a fraction of total damages. Involving an attorney protects your interests and demands that the insurance companies take you seriously and offer full reimbursement for your losses.

Handling your Indiana truck accident and injury cases

If you or a loved one is a victim of an Indianapolis trucking accident, contact Ward & Ward to arrange a free consultation. We are available to speak with you 24 hours a day, seven days a week.

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.

Addiction to Texting in Indianapolis & Indiana

Texting and driving accidents- Personal Injury Lawyer

Texting has become the preferred method of telecommunication by teens

The i-generation is the first generation of young people to grow up with mobile communication and media technologies. Members of the ‘i-gens’ are very connected through text messaging and telephone communiqué. Seventy-five percent of teens own cell phones and a third of those text more than 100 times a day. Eleven percent say they send over 200 messages every day. A study conducted in 2012 comparing boys texting behaviors to girls, Pew Research found, on average, girls typically send and receive 100 texts a day while boys send and receive 50. Is text messaging becoming an addiction?Call Charlie Ward at 317-639-9501

Many teens feel pressured by their peers to be available 24/7

Psychologists believe that cell phones are an addiction for many young people. Four out of five teens sleep with their smart phones. Some use their smart phones as an alarm. But because text messaging is central to the way teens communicate with their peers, there is a good deal of peer pressure to be ‘available’ at all times. Studies show that a number of teens keep their smart phones bedside so as not to offend a ‘friend’ who may text them during the night.

The US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has posted the following youtube video of a young woman, a high-school honor roll student, who states how important her phone was to her; that she felt alone and lonely without it. She was severely injured and suffered facial disfigurement and loss of senses including eyesight, taste and smell when she momentarily took her eyes from the road to read an incoming text.

Courts hold “texters” partially responsible for accidents caused by texting

The National Safety Council (NSC)  researchers observing more than 1,700 drivers found that three out of every four drivers using a cell phone committed a traffic violation.  Drivers are four times more likely to crash when talking on the cell phone; while phone texting, drivers are 23 times more likely to collide with an object, person or vehicle. And drivers are less likely to remember what they’ve seen when talking on a hands free device.

States now recognize that due to constitutional privacy issues, initial efforts at putting texting and driving legislation on the books have lacked the teeth necessary to enforce the laws. Consequently, states are looking for more effective legislation and courts are handing down rulings that hold people accountable for their knowledge and errors in judgment where text messaging is concerned.

In New Jersey, the Court of Appeals has ruled that a texter “has a duty not to text someone who is driving” if the sender knows the person “will view the text while driving.” What does this mean? If a texter has knowledge or a reason to believe that the person being texted may be behind-the-wheel and may view the text while driving, the texter could bear some financial liability if an accident occurs.

Parents should be proactive with their children

As parents, we know that when our children receive their driver’s permit and license, drive-time instruction is not enough to compensate for real-world experience. We hope and we pray that our children learn defensive driving skills without traffic incident or injury. If your ‘i-gen’ teen seems to need his or her smart phone with them at all times, be very proactive in instructing your child about the dangers that come with the use of cellphones while driving.

Give a cellphone challenge to your child. Ask them to refrain from using their cell phone for an evening, then a day and maybe even two. Set your son or daughter up for success by not asking too much, too soon. Their ability to exercise self-control over their cell phone use will be a confidence booster.

When they use the vehicle, ask them to leave their cell phone at home and suggest they act as the ‘designated driver’ when with friends.  Chances are their friends will have a phone with them should an emergency arise. Parents, if you need to text or phone your teen, get in the habit of calling one of their friends who you know is present in the car your teen is driving. Discuss this strategy with other parents and work towards a consensus to employ these techniques. Teach your teens how to prioritize while you still have them under your control. The lessons you teach them now, will stay with them for a lifetime.

Read more about distracted driving and discover apps that parents and newly licensed teens can use to educate and build trust.

Attorney Charlie Ward is a plaintiff’s attorney and represents those who have been injured by another person’s negligence. If you believe that you were injured by a distracted driver, call Charlie at 317-639-9501 or 888-639-9501 for a consultation and evaluation of your claim. Ward & Ward Law Firm is open 24 hours a day.

Personal Injury Attorney,

Charlie Ward

[email protected]

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

 

Published 11/05/2014

Airplane Fires | Wrongful Death Attorney in Indianapolis

Airplane Crash Attorney in Indianapolis - Wrongful Death

Since 1993, at least 600 individuals have died as a result of being burned alive or smoke inhalation following small airplane crashes.

Results show that many victims who died from fire or smoke inhalation sustained very few broken bones or other injuries.  In some instances the fire occurred following a minor crash.  While in other instances the impact was greater.  What the crashes have in common is fuel line ruptures or fuel tank ruptures causing an instant fire.Call Charlie Ward at 317-639-9501

The Federal Aviation Administration, FAA, has taken no action regarding the fuel line/tank rupture issue.   In 1990, the FAA proposed changes for small airplanes to have equipment and design changes to prevent such fires.  However, the FAA withdrew the proposal facing criticism from airplane manufacturers.  The reason for the withdrawal–not worth the additional cost.

The National Transportation Safety Board, NTSB, criticized the FAA’s decision for rejecting fire prevention recommendations.  A Canadian safety agency likewise criticized the FAA’s decision. Investigations show that in several crashes, some deaths and serious burns from fires and/or smoke inhalation could have easily been prevented had the airplanes been equipped with commercially available fuel systems.  These systems have better resistance to ruptures following a crash.

In 1978, the FAA noted itself that fuel line/tanks “would undoubtedly result in the saving of lives which otherwise would be lost in post-crash fires.”  Again in 1990, the FAA noted “Improved crash resistance is necessary to prevent thermal deaths and injuries in survivable crashes.”  Finally in 1994, the FAA started requiring crash resistant fuel systems in some helicopters.

Additional costs vs. saving lives/injuries.  That is the ultimate question.