A Brief Overview of Indiana Pedestrian Laws

Posted on September 27, 2021 by admin

When it comes to pedestrians and crosswalks, who has the right of way? Here in Indiana, the law is quite clear. Continue below to review some basic facts about Indiana pedestrian laws and what to do if you are wrongly injured in a pedestrian accident in Indiana.

Pedestrian Accident Lawyers Indiana 317-881-2700

Laws Surrounding Pedestrian Accidents in Indiana

It the case of traffic laws and regulations, it is important to protect and preserve the rights of pedestrians because they are the most vulnerable and at risk. Unlike drivers who are protected behind the metal and rubber structures of their vehicles, pedestrians are on foot, and therefore openly exposed.

For this reason, pedestrian accidents tend to result in serious injuries and fatalities all across the United States. According to the National Highway Traffic Safety Administration (NHTSA), more than 6,000 pedestrians lost their lives in negligent car accidents in 2018. In Indiana that same year, 115 pedestrians were killed in traffic accidents.

Some of the most common causes of pedestrian traffic accidents include:

🚸 Failing to Yield
🚸 Running a Red Light
🚸 Running a Stop Sign
🚸 Distracted Driving
🚸 Intoxicated Driving
🚸 Impaired Driving
🚸 Failure to Stop at a Crosswalk
🚸 Speeding
🚸 Failing to Keep a Proper Lookout

Indiana Drivers Must Yield to Pedestrians Within Crosswalks

Indiana law gives requires all drivers to yield the right of way to pedestrians at designated crosswalks. Blind pedestrians, which are distinguishable by the use of a cane or walking stick, have the right of way in all cases, whether they use a marked crosswalk or not.

If a pedestrian walks into the road without using a marked crossing point, and a vehicle stops for them, other vehicles approaching are not legally permitted to go around the stopped vehicle because this puts the pedestrian in danger.

Pedestrians Have to Obey Laws Too

When it comes to crosswalks and designated crossing paths and routes, pedestrians essentially have the right of way, so long as they are obeying the law. You see, not only do drivers have laws and regulations they must follow for the purpose of pedestrian protection, but pedestrians themselves must also adhere to all state and local traffic laws, including crosswalk and bridge crossing traffic signals.

As a lawful pedestrian, you would obey “Follow” and “Not Follow” traffic signals on the road, while also refraining from using non-designated crossings and disturbing the flow of traffic. If a pedestrian chooses to cross the road without using a crosswalk, they must yield to traffic. In some jurisdictions, not using a marked crosswalk is considered a minor infraction informally known as J-walking.

When Pedestrians Must Yield

Pedestrians must yield for all authorized emergency vehicles, like ambulances and fire trucks. As for sidewalks, a pedestrian is required by Indiana law to use one if there is one available and practical. If there are not sidewalks, a pedestrian may walk on the very outer edge of the road. If walking along a highway, a pedestrian must walk as far right onto the shoulder as possible.

Pedestrian Accidents and Injury Claims

If a pedestrian is injured in an accident by a negligent driver, they are entitled to pursue legal action against them. A wrongfully injured pedestrian may be able to recover compensation for their damages and losses, such as medical expenses, hospital bills, lost wages for missing work, pain-and-suffering, and more. It is vital for Indiana pedestrian accident victims to contact an experienced Indiana personal injury attorney to represent their case. It is important to act fast before all evidence is lost to support your claim or time runs out on the scheduled statute of limitati ons.

Are you ready to begin your pedestrian accident claim in Indiana? Contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned Indianapolis civil litigator you can trust. We represent clients throughout the state of Indiana.

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Are Bicyclists Considered Drivers if They Ride on the Street?
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Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

Do I Notify OSHA if Injured at Work Due to a Safety Violation?

Posted on September 24, 2021 by admin

Regardless of industry, all workers are protected under Federal Law, which requires employers to provide a safe workplace environment that is free of any foreseeable health and safety hazards. The Occupational Safety and Health Administration (OSHA) is an organization responsible for enforcing such health and safety regulations in workplace environments here in the United States. Employers, employees, and manufacturers alike are obligated to follow OSHA guidelines for the purpose of supporting safety and wellness in the workplace and prevent serious injuries and fatalities.

If injured at work, it is important to follow certain protocol to protect your rights to being compensated for your damages and loses. The question of contacting OSHA in the case that your injury or accident resulted from an OSHA violation is a common one among the workforce; and the answer depends on how you choose to navigate your workers’ compensation claim.

Continue reading to learn what you need to know about reporting a workplace injury, including when it might be necessary to contact OSHA to file a complaint against your employer.

OSHA Workplace Accident Lawyer Indiana 317-881-2700

Workplace Accidents and OSHA Violations

Whether injured or not at work, you have the right to speak your mind about any concerns you have regarding the health and safety of your workplace environment. When it comes to contacting OSHA to report a violation or file a complaint, the only time that would be necessary to do this is if no one has been injured or harmed yet. In such case, you would be filing a complaint for the purpose of abating any potential health or safety implications.

The guidelines direct all employees to contact the Occupational Safety and Health Administration (OSHA) within 8 hours of a workplace accident that results in a fatality. For workplace accidents that require inpatient hospitalization, a loss of an eye, or a form of amputation, employers must notify OSHA within 24 hours. You can contact OSHA to file a complaint, here.

What To Do If You Are Injured at Work

It is common for employers to display Occupational Safety and Health Administration (OSHA) regulation posters throughout the workplace to notify employees of their OSHA obligations and workplace safety rights. These posters will have information regarding workplace safety, OSHA requirements, and instructions for notifying superiors about workplace safety concerns.

If you are injured at work in an accident, the first thing you need to do is contact your supervisor for help. If your supervisor or manager is not available, proceed with emergency medical assistance or contact 911. Once you have received proper medical treatment and have been stabilized by a medical professional, advise your employer and contact in Indianapolis IN workplace injury lawyer to learn your rights to recovering a settlement for your damages and losses.

You Have Rights as an Injured Worker

You never have to fear any sort of vocational retaliation if you decide to file a workers’ compensation claim to recover a settlement for your damages and losses resulting from a workplace accident, nor do you have to worry about being penalized by your place of employment for reporting a health or safety violation to the Occupational Safety and Health Administration (OSHA). An employer is not legally allowed to fire, demote, transfer, or take revenge against an employee who files a report or claim. Furthermore, all filings are confidential.

Have you been injured at work recently and now you would like to learn your rights to pursuing legal action against your place of employment or third-party? Contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your worker’s compensation claim in Indianapolis, Indiana.

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Information About Being Injured By a Driver Who Ran a Red Light

Posted on September 21, 2021 by admin

Some of the scariest car accidents that result in serious injuries or fatalities are those that occur as a result of driver negligence and red lights. In fact, a comprehensive study performed by AAA’s Foundation for Traffic Safety reveals that over 900 people were killed in car accidents in 2017 because drivers failed to stop at a red light. This statistic represents a 28% increase in red light accidents and fatalities since 2012.

Unfortunately, running red light car accidents are a common personal injury claim here in Indiana. If you are a recent Indiana car accident victim due to a negligent driver who ran a red light, continue reading to learn what you need to know about pursuing legal action against them for the purpose of obtaining compensation for your damages and losses.

Red Light Car Accident Lawyer Indianapolis 317-881-2700

Understanding Negligence in a Red Light Running Car Accident Case

In all states, running a red light is illegal no matter how you look at it. If you are caught by law enforcement, you will likely be cited a ticket and pay a fine. However, if you run a red light and the result leaves another driver or pedestrian injured, there could be additional legal implications. You see, not only is running a red light a criminal offense, but it can also be a civil lawsuit because of a common legal principle known as negligence per se.

Because a driver is breaking a general traffic law or regulation, they are deemed negligent per se because such laws are set for the purpose of promoting safety and protecting people from injuries. Some states use negligence per se as proof that a driver violated a law, ordinance, or regulation, thus deciding the case entirely. Other states may use negligence per se as a piece of evidence showing that the defendant acted negligently.

An Indiana Car Accident Lawyer Can Help You Recover Financially

In Indiana, the law recognizes negligence per se as evidence against an at-fault party in all types of personal injury cases. To understand your rights to pursuing legal action against an at fault driver who caused your injuries in a serious car accident, it is important to speak to a licensed Indianapolis personal injury lawyer as soon as possible. Act fast before the statute of limitations runs out on your case, or evidence is lost that would support your claim.

Are you ready to get the settlement you deserve after being injured by a negligent driver in Indiana? Contact the legal office of Craven Blazek Law at 317-881-2700 and schedule a free case evaluation with a seasoned Indianapolis car accident attorney, today. We represent clients throughout Indiana, including Indiana residents injured in other states.

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What are the Indiana Civil Statute of Limitations?

Posted on September 14, 2021 by admin

Whether you are a victim of libel, slander, or injury, it is in your best interest to learn how much time you have to bring about a claim against the at-fault party who caused your damages. This time period is known as statute of limitations, and here in the Hoosier state, they can differ depending on the type of accident or injury.

For now, continue reading to review the common Indiana civil statute of limitations, and learn where to get the most trusted legal advice for your personal injury claim in Indianapolis.

Indianapolis Personal Injury Lawyers 317-881-2700

Civil Statute of Limitation Laws in Indiana

Victims of personal injuries or torts, including next of kin and immediate family members who have lost a loved one because of a wrongful death accident, must file their personal injury claim or civil action against an at-fault party within a set period of time. This deadline is known as the Indiana statute of limitations.

For most personal injury cases, the Indiana statute of limitations is two years. In fact, most states have a similar statute of limitations for most civil actions and tort cases. But for other types of accidents and injuries in Indiana, the statute of limitations could be as high as 20 years or as low as six months.

Here are some of the most common types of civil action cases, as well as their statute of limitations:

► Injury to a Person – 2 Years
► Libel/Slander – 2 Years
► Professional Malpractice – 2 Years
► Fraud – 6 Years
► Trespassing – 2 Years
► Harm to Personal Property – 2 Years
► Collection of Debt on Account – 2 Years
► Collection of Rent – 6 Years
► Contracts – 10 Years Written, 6 Years Oral, 2 Years Employment Agreements, 6 Years Payment of Money

A Possible Exception Could Be the Discovery Rule

Many states have some form of a “discovery rule” exception to their statute of limitations, which extends the filing deadline for making a personal injury claim under very specific circumstances. This discovery rule extension is generally granted when a personal injury victim did not know about their injuries until after the statute of limitations expired, who was responsible for the accident until after the statute of limitations ran out, or that the suspected liable party’s actions may have caused their injuries until after the statute of limitations expired. This is common in medical malpractice cases.

Governmental Defendants

If the defendant is a governmental agency your time limitations for making a claim are significantly reduced. A Tort Claim Notice has to be sent to the possible governmental defendant in less that 6 months in some circumstances.

Why You Need to File a Claim ASAP

Because Indiana does have statute of limitation laws for civil actions and personal injury claims, it is important to act fast on your claim. The clock begins to take as soon as your accident takes place, so be sure to contact Indiana personal injury law firm as soon as you have been medically stabilized. They can take on all elements and aspects of your personal injury case from that point and ensure that you obtain the maximum settlement or verdict for your claim.

Not sure which personal injury law firm in Indiana trust for the best representation? Contact the legal office of Craven Blazek Law at 317-881-2700 to speak with a seasoned Indianapolis IN accident attorney you can trust. We represent clients all throughout Indiana, and offer free initial case evaluations over the phone, via online video, or in person.

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What to Do After Being Injured in an Industrial Accident in Indiana

Posted on September 10, 2021 by admin

In cities across the country, we graciously express thanks to our industrial workers for laying the foundation of our local economies. The industrial labor industry, although essential in many ways, is a dangerous one for those employed within its various trades and productions. As an injured industrial worker in Indiana, it is vital that you learn your rights regarding the collection of compensation for your damages and losses incurred because of your industrial accident.

Continue reading to learn what to do after being injured in an industrial accident Indiana so that you may protect your rights and preserve your quality of life.

Industrial Accident Workplace Injury Lawyers Indiana 317-881-2700

Help for Victims of Indiana Industrial Accidents

Whether you work on the engineering, manufacturing, or business side of the industrial industry, accidents can happen all around you. From slips, trips, and falls to amputations, orthopedic injuries, burn injuries, and more, the scope of possible industrial accidents are wide-ranging.

Regardless of how you are injured in your industrial accident, if your accident occurred as a result of another’s negligence or recklessness, you may be entitled to a settlement for your damages and losses.

Common damages losses that victims typically suffer after an industrial accident in Indiana include hospital bills, medical expenses, lost wages for missing work, pain-and-suffering, mental anguish, permanent disfigurement, permanent disability, loss of companionship, and even wrongful death.

Industrial Accidents Commonly Involve:

▷ Factories
▷ Construction Sites
▷ Warehouses
▷ Drilling Rigs
▷ Mines
▷ Processing Plants
▷ Refineries
▷ Grain Mills
▷ Paper Mills

How to Obtain a Successful Outcome to Your Workers’ Compensation Claim and/or Third Party Claim

When a person is injured while working, they obviously would have a worker compensation claim that they can make through their employer’s worker compensation insurance carrier. Worker compensation claims have set limits on what amount of money an injured person may recover however. In a worker compensation claim, an injured person also cannot recover damages for pain and suffering. In addition, in a worker compensation claim, the worker does not need to prove anyone was negligent. They need only prove they were injured in the course and scope of their employment.

When a person is injured while working, they may also have a third party claim in addition to the worker compensation claim they can make. A third party claim exists when the injury to the worker occurs as the result of negligence of a person who is not also a direct co-employee of the injured worker. For example, if two companies are working at a job site and while working putting together scaffolding a worker from one company is injured by an employee of another company who backs up a forklift into the person putting the scaffolding together, the forklift operator’s employer could be held liable for all damages, including pain and suffering damages that are not compensable in the worker compensation claim. Any judgement against the forklift operator’s employer would be paid by their liability insurance carrier.

The most effective tool you can equip yourself with when pursuing legal action against a wrongful party that caused your injuries is an Indiana workplace injury lawyer. They retain the proper resources, knowledge, and experience to navigate your personal injury case from start to finish, ensuring that you obtain the maximum settlement or verdict for your Indiana industrial accident claim.

Industrial Accident Claim Representation in Indiana

Here at the legal office of Craven Blazek Law, we have represented numerous clients catastrophically injured on the job throughout the state of Indiana. Not only can we help victims obtain financial relief in the form of a verdict or settlement, but we can also support clients in obtaining proper medical treatment and counseling.

We fight for our clients’ rights to compensation for past, current, and future losses, including loss of ability to work performed the same work duties before the accident occurred, as well as partial, temporary, and total disability benefits. Choose our Indiana industrial accident lawyers for superior and aggressive-when-needed personal injury representation for your workers’ compensation claim.

We also fight for clients’ rights to compensation for pain and suffering and all other damages if there is a third party claim in addition to a worker compensation claim that can be made.

Are you ready to learn your best options for obtaining compensation after being catastrophically injured in an industrial accident? Contact us at 317-881-2700 to schedule a free personal injury case evaluation with an Indiana workers’ compensation lawyer soon. Act fast, before time runs out on your claim and significant evidence is lost.

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Who is Liable for Independent Contractor Commercial Construction Injuries?
Where to Learn About Employers’ Responsibilities and Workers’ Rights
Can I File a Third Party Claim On Top of a Workers’ Compensation Claim?

Will My Case Have a Better Outcome if I Hire a Personal Injury Lawyer?

Posted on September 3, 2021 by admin

Although you are not required by law to hire a lawyer to represent your personal injury claim, it is strongly encouraged. Continue reading to learn why a personal injury attorney is your best ally in recovering the maximum settlement for your damages and losses.

Indianapolis IN Accident Attorneys 317-881-2700

Benefits of Personal Injury Representation

Hiring a personal injury lawyer to represent you in your accident claim is smart, not just for financial reasons, but for practical ones as well. You see, a lawyer is your single point of communication and accountability during your claims and case process. They handle every aspect of your case, from recovering a full and fair damages settlement or verdict for your medical bills, lost wages, pain and suffering, etc… for you, to remaining a steadfast supporter during a trying time in your life.

Additionally, personal injury lawyers often work on contingency, which essentially means they only bill you for their services if they are successful at recovering a settlement or verdict for you. Under a contingency-fee payment model, you would not be required to pay any upfront lawyer fees. You will only pay if you are awarded compensation.

Most importantly, personal injury lawyers know tort law. They know all the intricacies of the judicial system in which they work in, and they know all of the strategies and tactics that are effective against the local and national insurance companies. They have the specific skills and knowledge to investigate personal injury cases down to the very last detail and prove their clients’ damages.

Expert personal injury lawyers can usually negotiate accident claims outside of court, but, if necessary, they are perfectly prepared to take a case to trial and fight for their victims’ rights to full and fair compensation.

Why You Do Not Want to Represent Your Own Claim

Some people choose to represent themselves in legal disputes or lawsuits, but when it comes to an accident claim, you do not want to take the chance. Navigating personal injury claims takes experience, industry knowledge, and most importantly, skill.

Insurance companies are ruthless as the less money they settle the claim for, the more they keep for themselves and because of this, they specifically train their adjusters to try to get injured victims to agree to the smallest settlement possible. A skilled personal injury lawyer is well-versed in such insurance adjuster tactics and knows how to navigate around them for a successful outcome.

Overall, if you want the best outcome possible for your personal injury claim, you will need to hire a personal injury law firm.

Avoid Hiring a General Practice Lawyer

A common mistake made by personal injury victims and survivors is not hiring the right type of lawyer. General practice or family lawyers are not well-versed in tort law and may not be the best asset for your claim. Hiring a seasoned personal injury lawyer is the best choice for accident and injury claims and lawsuits. They are the professionals who retain the proper legal acumen and experience to obtain the best possible outcome for accident victims and their families.

Think of it this way: in the medical field, your primary care physician makes a referral for you to go see a specialist because they are more knowledgeable in a particular medical area of practice, say a neurologist or neurosurgeon. It is the same for the legal profession. If you need a will done, you would go see an attorney who practices in the probate area of law. If you have a personal injury case, you should hire a law firm where all its attorneys each have over 25 years of experience in every type of personal injury case.

Are you ready to learn more about pursuing legal action against the party who caused your injuries and subsequent damages? Contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before time runs out on your claim or evidence supporting your claim is lost. All of our attorneys are very experienced (more than 25 years each) in personal injury cases of all kinds and we represent injured persons throughout the state of Indiana.

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Top 5 Tips for Safe Driving in Indianapolis

Posted on August 27, 2021 by admin

The number of drivers who are seriously injured or killed in car accidents each year is astonishing. The National Highway Traffic Safety Administration (NHTSA) reports that more than 3000 people were killed in a distracted driving car accident in 2019 alone, while more than 400,000 drivers and passengers were seriously injured because of distracted driving. What’s even more disconcerting is, with good intention and practice, distracted driving can be easily prevented. Therefore, no one should ever have to become a victim of a distracted driving car accident.

In fact, continue reading to learn the top five tips for safe driving in Indianapolis so that you can avoid becoming a distracted driver yourself and potentially harming another person in a car accident. Be sure to spread these tips among your friends and family to protect them as well.

Indianapolis IN Car Accident Attorneys 317-881-2700

How to Avoid Distracted Driving

Know the Weather

Whether you are heading off to work or preparing for a long-distance road trip, the weather is something you always want to pay attention to when you plan on driving. Inclement weather conditions can increase the degree of hazard you experience on the road while driving, and if you add any type of distraction on top of that, it can pose a higher risk of being involved in a car accident.

If you know it’s going to rain, be sure your windshield wipers and tire tread are in good condition. If you know it’s going to snow, be sure to give yourself some extra time to clear off your windshield and warm your car up before taking off. If you know it’s going to be very hot, bring a windshield shade cover or choose a shaded parking spot for the day.

When the weather report predicts rainy, icy, or wet conditions, plan to leave earlier to give yourself some extra time; this way you won’t feel rushed on the road and tempted to speed or drive recklessly and because everyone on the road should be driving slower you will need more time to get to your destination safely.

Never Drive Under the Influence

Whether it’s alcohol, prescription drugs, controlled drugs, over-the-counter medication, or illicit drugs, never under any circumstances should you operate a vehicle when you are under their influence. Not only is it illegal, but it is very dangerous. Even something as unassuming and innocent as cough syrup can make you drowsy, which can cause you to lose focus while driving. Fatigued driving is one of the most dangerous types of distracted driving. In fact, that’s your next safe driving tip.

Get Plenty of Rest

It is important that you are well rested before operating a motor vehicle. Never drive when you are sleepy or drowsy because this can cause you to quickly lose focus on the road and other drivers around you. Even if you feel like you can stay awake, there is always a chance of slipping behind the wheel. Avoid taking prescription medications or over-the-counter medications that cause drowsiness before driving. Always check the label of your medications to be sure.

Avoid Distracting Behaviors While Driving

There are many things you might be doing behind the wheel of your car that you don’t realize are distracting. Examples include texting, taking phone calls, changing the radio station, entering coordinates into your GPS system, eating, putting on makeup, rummaging through your purse, taking your eyes off the road to reach for a food or beverage, checking for items in the backseat, and more. All of these behaviors are considered distracted driving, which is incredibly unsafe. So, when you are driving, stick to driving and only driving. Wait for a stoplight to perform any of these behaviors or pull over safely first. Here in Indiana, texting and driving is now illegal and you will be cited for an expensive ticket if you are seen by a police officer.

Do Not Drive Recklessly

One of the most effective best practices for safe driving is to simply follow all traffic rules and regulations. First, avoid reckless driving. This means drive the speed limit, obey all traffic signs, use your turn signals, give yourself plenty of room between vehicles, and so forth. Also, it is important to stay current on all of your automotive maintenance to ensure that your vehicle is in optimal condition for safe driving. By following these rules, you can avoid unsafe and distracted driving.

Were you injured or a loved one wrongly injured or killed in a car accident recently? Contact the legal office of Craven Blazek Law at 317-881-2700 to meet with a seasoned Indiana car accident injury lawyer who can fight for your right to full and fair compensation. We can consult over phone, video, or in person at our In dianapolis law office. We represent injured persons and their loved ones throughout the state of Indiana and Indiana residents injured in other states.

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What are Economic Damages in a Personal Injury Case?

Posted on August 24, 2021 by admin

The primary purpose of filing a personal injury claim is to pursue and recover financial compensation from an at-fault party for a victim’s damages. When a settlement or verdict is obtained, the at-fault party’s insurance company pays the verdict or settlement. This is intended to put the victim back into the position they were in before the accident, or to make them whole once again, including a monetary amount for the pain and suffering the injured person endured.

But we all know this isn’t always possible. For injured persons, damages are more than just financial, and a victim can never be the same after a serious accident. Therefore, several types of damages exist in accident law and are awarded in successful personal injury cases. But many people are confused about what the term damages represents in personal injury tort law.

Continue reading to learn what damages are in relation to accident lawsuits, and the difference between economic and non-economic damages.

Personal Injury Damages and Losses

Damages that result from a personal injury caused by a negligent party are generally losses. These losses can be financial, emotional, physical, and mental. Depending on the types of losses experienced following a personal injury, damages can be economic, non-economic, punitive, or a combination of all three. There are also damages known as nominal damages, which are small sums of compensation that are awarded to acknowledge that a victim, although not seriously injured or subject to substantial financial losses, was still violated in terms of their rights.

Facts About Economic Damages

Economic damages, also known as compensatory damages or general damages, are the calculable financial losses that can be defined by an actual dollar amount and redeemed through financial compensation. Economic damages include hospital bills (i.e., hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e., physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses’ death (i.e., insurance, veteran benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

Facts About Non-Economic Damages

Non-economic damages are more difficult to assign a dollar amount to because they are not direct and tangible monetary losses, like medical bills and lost wages. Instead, they are damages awarded for emotional or mental losses and tribulations. Examples of non-economic losses include pain and suffering damages, mental anguish or illness (i.e., depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to loved one, paralysis of loved one that changes or prohibits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

Understanding Punitive Damages

For very malicious or egregious acts, a judge or jury might also award punitive damages depending on the circumstances of a case. These are different from economic and non-economic damages because they are not intended to put a victim back into the same position they were in before an injury or accident, at least as much as possible. Although punitive damages are still paid in part to the plaintiff, they are meant to be more of a punishment for the at-fault party. They are intended to set a public example and double as a deterrent for the type of gross negligence involved in the case.

Are you ready to speak with a licensed injury attorney about obtaining compensation following your wrongful accident? Contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. Act now before evidence is lost and time runs out on your claim. We represent clients all throughout the state.

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Facts About Indiana Wrongful Death Court Procedures

Posted on August 17, 2021 by admin

Here in the Hoosier State, when a person or entity’s (store, manufacturer, company, etc.) negligence causes someone to lose their life, relatives or legal representatives of the victim may have grounds to bring about a wrongful death claim against the negligent party. For example, if a child wanders off and drowns in a nearby pond while under the supervision of a daycare agency, the parents or guardians of the child may file a wrongful death claim against the daycare provider.

Continue below to learn more about Indiana wrongful death court procedures and how to get started on your personal injury claim today.

Wrongful Death Lawyers Indianapolis IN 317-881-2700

Wrongful Death Cases in Indiana

When a person is wrongfully killed in an accident, nothing can take away the pain and suffering of those closest to the victim. But by obtaining a settlement in the form of compensation, it can make the grieving process easier and help families get their life back to a new normal. Indiana tort law allows a wrongful death victim’s family to seek compensation for damages and losses like medical expenses, hospital bills, lost wages from missing work, pain and suffering, loss of consorti u m, emotional trauma, and more. It is important to consult with a seasoned Indiana personal injury lawyer to learn more about pursuing a wrongful death claim on behalf of your loved one.

Who Can File a Wrongful Death Claim?

Those who may serve as the plaintiff in an Indiana wrongful death claim include parents, legal guardians, next of kin, legal representatives of the deceased, or the estate of the deceased. Claims for the wrongful deaths of children can only be brought about by parents or legal guardians. If a wrongful death victim had many beneficiaries, the Indiana courts will adjudicate the division of the any awarded settlement or verdict. Contact an Indianapolis accident lawyer to better understand your eligibility or rights to recovering compensation through an Indiana wrongful death claim.

Learn More Now Before Time Runs Out

Indiana sets a strict statute of limitations of 2 years on wrongful death personal injury claims. For this reason, it is vital to consult with an experienced wrongful death lawyer as soon as possible, before evidence is lost, and time runs out on your claim. If you do not file a claim within the State’s allotted 2-year time period, you forever lose all opportunity to do so, even if there is still an ongoing criminal case regarding the accident that led to the wrongful death.

If you or a loved one has lost someone as a result of another’s negligence, act now to obtain justice for them. Contact the legal office of Craven Blazek Law at 317-881-2700 to speak with a compassionate wrongful death lawyer in Indianapolis, Indiana. We represent people involving the unlawful death of a loved one in Indiana and for Hoosiers injured in other states.

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Is There Still Time to File My Indiana Personal Injury Claim?
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Frequently Asked Questions About Indiana Electric Bike Laws

Posted on August 13, 2021 by admin

Electric bicycles, or “eBikes”, have become an increasingly popular pastime for people of all ages, all around the world. Many cities offer electric bike rentals and electric bike tours, but if you want one for yourself, eBikes can be purchased at a local bike shop or sporting goods store, or through an online retailer.

Although they come with a hefty price tag, those who own or have ridden one are likely to testify to their value. But as fun as electric bikes may be, it is important to recognize that they are also motorized, which means they can pose serious injuries in the case of an accident. So, before you purchase or rent an electric bike in Indiana, it is encouraged to educate yourself on the local eBike laws.

Start by reviewing these frequently asked questions about Indiana electric bike laws, and what to do if you are seriously injured on one because of another’s negligence or eBike defect.

Electric Bike Accident Lawyers Indiana 317-881-2700

Electric Bicycle FAQS

What is an Electric Bike?

Here in Indiana, an electric bike is any bicycle that is assisted by an electric motor, 750w or less. There are 3 classifications of electric bicycles in our state, class I, class II, and class III electric bikes.

Class 1 electric bicycles come with a pedal-assist feature but are also equipped with a motor that switches off when the bicycle reaches 20 miles an hour.

Class II electric bicycles do not come with a pedal-assist. Instead, they are equipped with a motor that fully propels the bike but switches off when the bicycle achieves 20 miles an hour.

Class III electric bicycles have motors that only turn on when the rider peddles. The motor turns off when the rider stops peddling or if the bike achieves 28 miles an hour.

Does a Person Require a License or Permit to Operate Electric Bicycle?

In Indiana, there is no licensing or permit required to legally operate electric bicycle regardless of class. There are also no registration requirements if you choose to purchase an electric bicycle.

Does Indiana Set Any Restrictions on Motor Power or Throttle?

As mentioned, Indiana defines an electric bike as any bicycle that is assisted by an electric motor of 750w or less. For all electric bicycles, mopeds, and scooters, motor power and throttle must be below 750w.

Does Indiana Set Any Age Restrictions on Operating an eBike?

Here in Indiana, to legally operate a Class III electric bicycle you must be at least 15 years old. Anyone under the age of 15 is allowed to ride as a passenger, so long as the electric bicycle is designed to accommodate a passenger.

Does Indiana Have Any Helmet Laws Regarding eBikes?

Yes, anyone under the age of 18 years old is required by law to wear a helmet when riding on an electric-powered bicycle.

Can I Ride an Electric Bicycle on the Street in Indiana?

In Indiana, electric bicycles are legally permitted to be ridden on any street or roadway so long as there are not any signs restricting bicycle use in a particular area. The same regulation applies to trails and pathways in state and local parks.

Can I Recover Damages After Being Injured on an Electric Bicycle?

If you are injured while riding electric bicycle, it is important to seek medical attention right away and document all treatments and diagnoses. Obtain witness names and phone numbers and take photographs and always call the police so they can document the incident as well. Then contact an Indiana personal injury lawyer to learn your rights for pursuing legal action against a negligent bike rental company, a negligent driver or manufacturer. If your injuries were a result of an eBike manufacturing defect, negligent eBike tour guide, another eBike rider, or a car, you may be entitled to compensation for your medical expenses, hospital bills, lost wages, and more.

Were you wrongly injured on a bicycle in Indiana? Contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis personal injury lawyer. We represent clients throughout the State of Indiana.

You Should Also Read:

Are Bicyclists Considered Drivers if They Ride on the Street?
How to Make Your Own Bicycle Safety Kit
Were You Injured Because Someone Ran a Red Light?