What Is Negligence Per Se in Car Accident Cases in Indiana?

When you have been injured in a car accident in Indiana, you may be entitled to recover compensation if you can establish that another driver caused the accident. Typically, a claimant in a car accident case needs to prove the negligence of the at-fault driver. However, a claimant may be able to succeed on his or her claim by establishing that the at-fault driver was negligent per se.

In Indiana, a claim of negligence per se can be used in car accident cases when the at-fault driver has violated a statute or ordinance that would result in imposition of a criminal penalty or fine. If the driver merely violated a regulation that would only result in imposition of a civil penalty, it can only be used as evidence of traditional negligence. A defendant in a car accident case may also assert the negligence per se of the plaintiff as part of his or her legal defense.

If you have questions about whether you may be entitled to make a claim of negligence per se, contact the Fort Wayne car accident attorneys of Truitt Law Offices today to schedule a free consultation.

What Is Negligence Per Se?

In most personal injury cases, an injured plaintiff needs to prove the negligence of the defendant. Proving negligence requires showing that a defendant owed the plaintiff a duty of care and breached this duty, causing the plaintiff injury and damages.

If a plaintiff asserts a claim of negligence per se, he or she seeks to avoid having to prove each element of negligence by asserting that the facts of the case themselves establish negligence.

A claim of negligence per se claims that another person acted negligently by violating a criminal law on the books to protect people from the very harm suffered by the plaintiff. Violation of a non-criminal or civil regulation can only be used as evidence that negligence may have occurred.

For example, a plaintiff in a car accident case may argue negligence per se by claiming that the defendant was speeding at the time of the accident, since speed limits are intended to foster safe driving and prevent auto accidents.

How Do You Prove Negligence Per Se in a Car Accident Case?

In order to prove that a car accident may have been caused by negligence per se, you will need to present evidence that the at-fault party committed a criminal violation. This can be most easily accomplished by proving that the at-fault party received a criminal citation or was arrested following the accident for the violation.

You will also need to prove that the at-fault party’s criminal violation was the direct and proximate cause of your accident. For example, if you get into an accident with someone who was recklessly speeding, the fact that they were speeding may be found to be incidental to the accident if it turns out that you had run the red light. In that example, you may be found to have committed negligence per se.

Do Certain Factors Need to Be Met for Something to Be Considered Negligence Per Se?

If you believe that you have a negligence per se claim, you will need to prove that:

1. A law was violated. You will have to establish that the at-fault party violated a statute or ordinance. You may need to wait until a conviction and imposition of a penalty or fine
2. The violation can be punished by criminal penalty, not civil penalty. Violation of a regulation that only carries a civil penalty or fine cannot be used to support a claim of negligence per se. Instead, it may be used as evidence in a traditional claim of negligence
3. The law is intended to protect the public from the injury you suffered. You must show that the statute or ordinance was enacted to protect people from the injuries you’ve suffered. For example, a law against reckless driving is intended to protect other motorists and pedestrians from car accidents
4. You are a member of the class of persons the law is intended to protect. If the at-fault driver was operating his or her vehicle recklessly and hit your vehicle, you would likely be considered among the class of persons the law against reckless driving was intended to protect, namely other motorists
5. The defendant’s violation was unexcused or unjustified. If the defendant can assert a legal excuse or justification for his or her behavior, there would likely be no negligence per se since a legal excuse or justification would undercut criminal liability

Is Negligence Per Se a Criminal or Civil Procedure?

Although negligence per se arises from a criminal violation, it is only relevant to civil lawsuits.

The beyond-a-reasonable-doubt standard of proof required in criminal cases is stricter than the preponderance-of-the-evidence standard for civil cases. In addition, you will likely need to wait until the conclusion of the at-fault party’s criminal proceeding to assert a negligence per se argument. If the at-fault party is acquitted, then there was no criminal violation to assert negligence per se.

Is Negligence Per Se a Separate Cause of Action?

Negligence per se is not necessarily considered a separate cause of action. Instead, it may be more properly considered a means of proving the negligence of an at-fault party in a car accident claim.

Claiming negligence per establishes that the at-fault driver breached a duty of care owed to the injured plaintiff and that the plaintiff was injured and suffered damages as a result. However, a plaintiff in a car accident case may try to prove his or her claim through traditional negligence and alternatively through negligence per se.

Is Violation of a Statute Negligence Per Se?

A violation of a statute must be a criminal violation or carry criminal penalties or fines, rather than being a civil violation or carrying only civil fines, in order to be the basis for negligence per se. Whether or not a driver’s statutory violation constitutes negligence per se will depend on whether the statute is considered a criminal violation or a civil violation under state law.

If you have been injured in a car accident that may have been caused because the at-fault driver broke the law, contact Truitt Law Offices today to schedule a free case evaluation with one of our knowledgeable Fort Wayne car accident attorneys. We are ready to discuss your accident and investigate the possibility of pursuing financial compensation for you through a claim of negligence per se.

The post What Is Negligence Per Se in Car Accident Cases in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/what-is-negligence-per-se-in-car-accident-cases-in-indiana/
via https://www.truittlawoffices.com

Who Is at Fault for a Car Accident Caused by Snow or Ice?

Indiana gets its fair share of ice and snow every winter. Although this weather allows for some fun winter activities, it can also wreak havoc on our roads. Yet, even though the roads may be snowy and icy, drivers are still expected to drive safely. When they fail to do so, they can be held responsible for any car accidents and injuries which they cause.

How Do Snow and Ice Contribute to Car Crashes?

Snow and ice contribute to car crashes in a number of ways. The first and most obvious way is that this weather makes the roads especially slick and, in turn, makes it more difficult for drivers to control their vehicles and operate them in a safe manner. However, it is not only the actual roads that cause crashes in snowy and icy conditions.

Drivers should clear their entire vehicle of snow and ice before they hit the roads. When they clear only their windows, the snow can fall down from the roof onto the window and reduce the driver’s visibility. Additionally, large pieces of ice can fly off a vehicle when it is in motion and crash into another vehicle, causing that driver to lose control.

The Federal Highway Administration recommends that drivers reduce their speed by 30 to 40 percent in snowy conditions. Unfortunately, drivers in Indiana often fail to slow down and adapt to bad weather conditions. This is extremely dangerous because the tires on a vehicle cannot gain enough traction on snowy and icy roads. If a driver loses control of his or her vehicle, the driver may skid into another lane. A driver may also go off the road and then overcorrect into oncoming traffic. Additionally, when a driver goes too fast, the driver may be forced to slam the brakes when the driver encounters another car or obstacle.

What Is Black Ice?

Black ice is an extremely dangerous condition that can exist on Indiana roads during the winter months. It typically forms when there has been significant thawing and refreezing, or when there has been a light freezing rain. It is basically a thin, slick glaze on the road’s surface.

Drivers often cannot see this ice because it is clear. It blends right into the road. So, they fail to adapt their driving to the slick surface. Intersections, highway ramps, bridges and shady areas are all places where black ice is commonly found. The Indiana Department of Transportation advises all drivers to approach these areas slowly and to always expect black ice – particularly in bad weather conditions.

What Is a Driver’s Duty of Care When Driving in Bad Weather Conditions?

One of the main fears that accident victims have after being involved in an accident caused by snowy and icy conditions is that they will be unable to claim compensation for their injuries. They may believe that another driver cannot be at fault for an accident when it was caused by the weather.

However, even when the conditions are poor, drivers in Indiana are still expected to drive in a safe and reasonable manner. Drivers should slow down, stay a safe distance behind the vehicles in front of them and remain in control of their vehicles. If they fail to do so, they can be held liable in a crash – even when bad weather conditions largely contributed to the crash.

How Do You Prove Fault in an Accident Involving Snow or Ice?

In order for a personal injury claim to be successful after a car accident, you must provide evidence that another driver was at fault. Types of evidence which may establish the fault of another driver include:

• Photographs – After a crash, you should try to take pictures of each vehicle involved and any damage to them. The photos can show road conditions as well as the presence of any brake or skid marks.
• Witness statements – A person’s eyewitness account of how an accident occurred can serve as powerful evidence – especially if the witness is someone who has no interest at stake in the case.
• Black box data – This type of evidence is not available in all cases. However, if the other car was a late-model vehicle, or if it was a commercial motor vehicle, it may have an event data recorder with data that includes the vehicle’s speed and brake pressure just before impact.
• Cell phone records – It is dangerous to talk on a phone or text while driving in any weather conditions – but especially so when the roads are snowy and icy. Cell phone records can indicate whether the other driver was distracted in the moments leading up to your crash.
• Chemical test results – If a police officer suspects that the other driver was under the influence of alcohol or drugs, the officer will administer breath, blood or urine tests. If the driver who caused your crash in snow or ice was impaired at the time, it can establish negligence per se, or negligence as a matter of law.

How Can a Lawyer Help If You Were in a Crash in Snow or Ice?

A lawyer from Truitt Law Offices can help in many different ways if you were involved in a crash due to snow and ice. In particular, we will conduct a timely, full investigation in order to determine how your accident happened and who should be held liable. As part of our investigation, we may visit the scene of the crash, speak to witnesses and reach out to our extensive network of experts. We will also collect and analyze your medical records and consult with experts in fields such as life-care planning in order to fully assess your damages. Above all, we will demand maximum compensation for you. If an insurance company refuses to make a settlement offer that you can accept, we will be ready to fight for you at trial.

Get Help from a Fort Wayne Car Accident Lawyer Today

If you have been involved in a car accident in snowy and icy conditions, our car accident lawyers in Fort Wayne can help you. At Truitt Law Offices, we are passionate about protecting the rights of car accident victims and pursuing just compensation for them. Contact us today to learn more about how we can help you in a free consultation.

The post Who Is at Fault for a Car Accident Caused by Snow or Ice? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/who-is-at-fault-for-a-car-accident-caused-by-snow-or-ice/
via https://www.truittlawoffices.com

COVID-19 Update: Hire Us from the Comfort of Your Own Home – DETAILS HERE

We are taking the threat of the Coronavirus (COVID-19) in Indiana very seriously. Right now, people in IN are being hurt by the threat of the Coronavirus. Let us help! We understand the fears that many people may have about traveling. We want those in our community to play our part by minimizing contact so that we can reduce the spread of this illness. With this in mind, Truitt Law Offices wants to remind you that you do not have to come to our office to meet with us. You can become a client from the comfort of your own home via phone consultations and electronic signature capabilities. We are available 24 hours a day & 7 days a week and you can hire Truitt Law Offices over the phone at 800-628-2904. Of course, you are still welcome to come into our office for a free consultation. Whichever way you prefer, we are here to help. Talk to us for free. Hurt? Call 800-628-2904.

COVID 19 Prevention: Social Distancing

Health officials are recommending “social distancing” measures to cut down on close contact. This will help minimize the spread of the Coronavirus (COVID-19). Please make sure you review the Centers for Disease Control and Prevention (CDC) for more information about other steps you can take to protect yourself and others from exposure to this virus.

General Info About (COVID-19)

More and more information about the virus is coming out daily. Please stay up to date on information and symptoms by checking the following resources:

• https://www.cdc.gov/coronavirus/2019-ncov/about/symptoms.html
• https://www.healthline.com/health/coronavirus-symptoms

*This blog was written with the most up to date information and this information is subject to change as more information about the virus is released & found.

This virus spreads easily and sustainably! You can get COVID-19 “by touching a surface or object that has the virus on it and then touching your mouth, nose, or eyes.” It is thought that you are most contagious when you are displaying symptoms, however you can be contagious before you even show symptoms.

Symptoms of Coronavirus

Here are some of the major symptoms of the virus:

• Respiratory Tract Infection – shortness of breath
• Fever/chills
• Cough
• Flu-like symptoms
  • Fatigue
  • Pressure in the Chest
  • Headaches
  • Muscle or Body Aches
  • Sore Throat

Please note that carriers of the virus may not be displaying symptoms and that you are still at risk and may be carrying the virus and not know unless you are tested.

Contact Truitt Law Offices Today

If you were hurt in an accident and are seeking legal help, let the attorneys at Truitt Law Offices help you – in the comfort of your own home! If you would like to discuss your legal issues with any one of our attorneys, we can simply meet with you by phone.

Contact us now at 800-628-2904 to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

The post COVID-19 Update: Hire Us from the Comfort of Your Own Home – DETAILS HERE appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/covid-19/
via https://www.truittlawoffices.com

What’s the Worst Intersection in Allen County? Facebook Users Weigh In

At the start of 2020, Truitt Law Offices asked on our Facebook page for people to tell us what they believed to be the “worst intersection in Allen County.” The question drew a high number of responses – and a wide range of opinions. While some users identified specific intersections where they have seen a high risk of car accidents, many others pointed to entire stretches of road. Still, others simply pointed to roundabouts – period. Here is a closer look at some of the responses we got:

Watch Out for These Intersections in Allen County

Even though we received dozens of responses, only a handful of Facebook users named specific intersections in Allen County as being the “worst” in our area. The intersections which they identified were:

• West Coliseum Boulevard and Lima Road – This is a busy, multiple-lane intersection in a heavy commercial area near Glenbrook Square shopping mall.
• I-69 off-ramp and Goshen Road – When you exit the interstate, you merge onto a heavily traveled four-lane road, which is U.S. 30 for a stretch. “The genius who designed [that ramp] was asleep,” one Facebook user said. “You take your life in your hand every time you get off.”
• Goshen Avenue and St. Mary’s Avenue – If you are traveling south on Russell Avenue, the road bends sharply just before you reach Goshen Avenue, which makes this intersection a tricky one. The road becomes St. Mary’s Avenue just after you pass through the intersection.
• Parkview Plaza Drive and East Dupont Road – This intersection is located across from Parkview Regional Medical Center and near a stretch of hotels, restaurants and gas stations. “At least the ambulance drivers have a quick run, but accidents are routine there,” one user said. Just a block west of this intersection is the I-69 on/off ramp, which another user identified as being a problem area.
• Kenwood Avenue and Beacon Street – This appears to be a typical residential intersection. Nothing on its face would make it look like a particularly dangerous one.  However, looks can be deceiving. As one user commented, drivers “never want to stop at the sign and roll through it without looking for traffic.” Also, because the speed limit is not posted near the intersection, drivers often “go as fast as they want.”

In addition to these intersections, one Facebook user described “any intersection on Coliseum” as being dangerous, while another user said that the I-69 interchanges with Illinois Road, Goshen Road and Lima Road were all problem areas.

It’s interesting to point out that that, a few years ago, the teen driving safety organization, Drive Alive, identified the 20 most dangerous intersections in Allen County. Drive Alive based the list on the rate of accidents relative to the traffic at those intersections, or RMV, during the period between 2011 and 2013. The 10 intersections at the top of the list were:

Intersection                                                                 RMV

Loch Lomond Drive & Sherman Boulevard                5.88

Clay Street & East Wayne Street                                   4.37

I-69 ramp & U.S. 24 West                                              4.17

Illinois Road East & South Lindenwood Avenue         4.05

Fairfield Avenue & West Wayne Street                         3.81

Getz Road & West Jefferson Boulevard                        3.62

Auburn Road & I-469 ramp                                           3.56

Clay Street & East Lewis Street                                     3.17

Covington Road & Getz Road                                        3.15

Adams Center Road & East Paulding Road                  3.14

Do you agree with this list? Can you think of more dangerous intersections?

It’s All About Roundabouts

For five people who responded to our Facebook page question, their major concern was not a specific intersection. Instead, it was a specific type of intersection – roundabouts.

“I hate those darn things!!!” said one user.

“Very dangerous,” said another.

“The roundabouts are nightmares,” said yet another user. “People do not yield!!!”

Why all of the disdain for roundabouts? After all, they are supposed to be beneficial for drivers. They are designed to keep traffic flowing smoothly and safely and to reduce the type of congestion which frequently contributes to crashes.

According to Greater Fort Wayne Business Weekly, a Federal Highway Administration study actually found that roundabouts increase traffic flow by 30 to 50 percent. A separate Insurance Institute for Highway Safety study found that they cut injury crashes by about 75 percent when compared to intersections with traffic lights and stop signs.

Still, for some drivers, roundabouts are just too confusing. Many drivers are not used to encountering them. So, they may not immediately realize when they should yield or when they have the right of way. The situation can become even more confusing when the roundabout has multiple lanes.

Even when people understand how to navigate a roundabout, their concern is that other drivers do not. Also, many drivers fail to reduce their speed and keep a proper lookout when they pass through roundabouts, which raises the risk of a crash.

Unfortunately, if you dislike roundabouts, they are here to stay – and more will be on the way, too. Greater Fort Wayne Business Weekly reported in 2017 that nearly 20 roundabouts could be found scattered throughout Fort Wayne and Allen County, and local planners had several more in the works for areas such as where the Goshen Avenue, Sherman Boulevard and Lillian Avenue come together.

With that said, be thankful that you do not live in Carmel, Indiana. It has more than 110 roundabouts – the most of any city in the state.

Careless and Reckless Drivers – Not Intersections – Cause Accidents

Several Facebook users remarked that intersections are not the problem in Allen County. Rather, the problem lies with individual drivers. They suggested that the best way to protect yourself from accidents is to practice “defensive driving.”

“If you drive like a normal person – cautious – you will always have to look out for the worst drivers,” one user said.

“My husband who was a semi driver always said [that when you are driving], you had to drive for the one ahead of you, the one on either side of you and the one behind you plus drive for yourself, making you drive for five people,” another user said. “He never had a wreck in 30-plus years of driving. Worked for him.”

Get Help from Our Car Accident Lawyers in Fort Wayne

Regardless of where your accident occurs in Fort Wayne or Allen County, you should take immediate steps to protect your right to recover full compensation for your losses. Contact our experienced and dedicated legal team at Truitt Law Offices. We can provide a free consultation and help you to understand and explore all of your legal options.

The post What’s the Worst Intersection in Allen County? Facebook Users Weigh In appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/worst-intersections-in-allen-county/
via https://www.truittlawoffices.com

Who Is At Fault in a Lane-Change Causes Accident?

Drivers owe a duty to their passengers and others on the road to follow the law and operate their vehicles in a safe and reasonable manner. So, when changing lanes, a driver should judge the distance from other cars, check his or her mirrors and use turn signals before going through with the maneuver. If a driver fails to take those steps, and in turn causes a car accident, that driver may be liable for negligence. In some cases, the other driver may be partially responsible as well.

Unfortunately, these accidents happen all too frequently in Fort Wayne and throughout Indiana. In 2018 alone, more than 5,300 crashes occurred on state roads due to “improper lane usage,” including nine fatal crashes, the Indiana University Public Policy Institute reports.

If you were recently injured in a lane-change accident, and another driver was at fault, you may be entitled to compensation for your medical expenses, lost wages, pain, suffering and more. At Truitt Law Offices, we can provide a free review of your case and help you to determine all options available to you. For more than 40 years, we have protected the rights of accident victims throughout Indiana. We care. We listen. And we are ready to help. Contact us now to discuss your case.

Why Do Lane Change Accidents Happen?

As we have seen at Truitt Law Offices, lane change accidents commonly occur because of the negligence of the driver who was making the lane change. For instance, the driver may change lanes without first:

• Checking rear and side mirrors for cars in nearby lanes
• Leaving sufficient distance from other cars
• Giving a proper signal (using turn lights or hand signals)
• Yielding when the driver lacks the right of way
• Making a complete change (in other words, the driver is partially in two lanes).

A driver can also be responsible for a lane-change accident if the driver causes a crash due to changing lanes:

• While entering a curve or going uphill where the driver can’t see other cars
• In an area where a lane change or pass is illegal (typically marked by signs or double solid yellow center lines)
• In traffic or weather conditions which would make the lane change unsafe such as in snow, ice, fog or heavy rain.

If a driver violates the law and causes a lane change accident – for example, the driver changes lanes without using a turn signal or completely disregards a yield sign when merging onto a road – the driver’s negligence may be presumed as a matter of law. This is a legal concept known as negligence per se.

In some cases, the other driver may be at fault. For instance, the driver may be distracted and fail to see that the driver in front is changing lanes, or the driver may be following too closely and can’t slow down on time to avoid crashing into the rear of the front car.

How Can You Prove Fault in an Unsafe Lane-Change Accident?

At Truitt Law Offices, we thoroughly investigate car accidents. We want to be prepared to present a solid case for damages to the at-fault driver’s insurance company or, if necessary, to a jury at trial. If you were hurt in a lane-change accident, we will move efficiently to gather and study evidence such as:

• Photos of the vehicles involved in the crash and surrounding scene
• Any available camera footage (from a nearby surveillance or red-light camera)
• Black box data (revealing a driver’s speed, braking and other information)
• Cell phone records (showing whether a driver was texting or talking on the phone)
• Blood, breath or urine test results (revealing whether a driver was impaired by alcohol or drugs).

In some cases, we turn to accident reconstruction experts to help us to determine who was at fault in a lane-change accident. An expert can analyze all of the evidence and prepare a report about the cause of the accident. The expert’s report can play a major role in settlement discussions with the at-fault driver’s insurance company. The expert may also testify if a case goes to trial.

Can You Share Fault in a Lane-Change Accident?

Not all lane-change accidents are the fault of only one driver. In many crashes, both drivers share fault. For example, one driver may change lanes without checking mirrors or using signals, which leaves the driver in the rear with no idea that a lane change is about to happen. However, the rear driver may still have been able to avoid the collision if he or wasn’t speeding, tailgating or distracted by a text or phone call.

Under Indiana’s comparative fault system, you could still recover damages in such an accident – even if you were partially at fault. However, your damages would be decreased according to the percentage of fault assigned to you. For instance, if you were deemed to be 25 percent at fault in a crash in which you suffered $100,000 in damages, your damages would be limited to $75,000. If you were more than 50 percent at fault, then you would be barred from recovering any compensation.

Because of this law, an insurance company may try to blame you – in whole or in part – for a lane-change accident which has left you with serious injuries. At Truitt Law Offices, we know these insurance companies operate. You can count on us to counter these tactics and fight for all compensation you are due.

Get Help from an Experienced Fort Wayne Car Accident Lawyer?

A car accident of any kind can turn your life upside down. Suddenly, you may be faced with medical bills, car repair bills, lost income and many other worries – all while you are coping with the pain from your injuries. The last thing you should worry about is handling your car accident claim and dealing with insurance companies.

At Truitt Law Offices, we can take that pressure off your shoulders and take care of every aspect of your claim. Our goal will be to recover the maximum amount of compensation for you so that you can get the medical care that you need and move forward with your life. To learn more about how we can help you, call or reach us online today and schedule a free consultation through our office in Fort Wayne, Huntington or Indianapolis.

The post Who Is At Fault in a Lane-Change Causes Accident? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/who-is-at-fault-in-a-lane-change-causes-accident/
via https://www.truittlawoffices.com

Are You Required to Wear a Motorcycle Helmet in Indiana?

Indiana has no universal helmet law, or a law that requires anyone who rides a motorcycle to wear a helmet. The state repealed its universal helmet law in 1977. Today, only motorcycle operators and passengers under age 18, or operators with a learner’s permit, must wear a helmet in our state.

At Truitt Law Offices, we believe that every motorcycle rider should wear a helmet at all times when they are on the road. Studies show that helmets save lives and help to prevent traumatic brain injury (TBI) and other serious injuries in motorcycle accidents. However, we also respect the rights of adults to ride without a helmet.

If you were hurt in a motorcycle accident that someone else’s negligent actions caused, we will work hard to pursue maximum compensation for you, regardless of whether you were wearing a helmet at the time of the crash.

How Does Indiana’s Helmet Law Work?

Indiana’s motorcycle helmet law is found at Ind. Code § 9-19-7-1. The law specifically requires anyone under age 18 who operates or rides as a passenger on a motorcycle to wear:

• A helmet that meets federal safety standards, and
• Protective glasses, goggles or a transparent face shield.

Typically, you can tell whether a motorcycle helmet meets Federal Motor Vehicle Safety Standard (FMVSS) 218 if it has a “DOT” sticker on the back of it. However, some manufacturers or distributors put counterfeit “DOT” stickers on helmets. So, you shouldn’t rely on the sticker alone.

To ensure that you are wearing a helmet that meets FMVSS 218, you should look for one that has:

• At least a one-inch thick foam inner liner
• Sturdy chin strap and solid rivets
• A weight of at least three pounds
• No features which extend farther than 2/10-inch from the helmet’s surface.

If a helmet meets Snell or American National Standards Institute (ANSI) standards, then it should meet federal standards as well. If you buy a “novelty helmet,” it may not meet any of those standards and comply with Indiana law. As a result, it may provide little to no protection if you should get into an accident.

Keep in mind: Most motorcycle helmets today come equipped with a face shield. If you buy one that does not, then you need to make sure that you wear glasses or goggles.

Indiana also requires novice motorcycle riders who have a learner’s permit to wear a helmet – regardless of age. If you are an adult who meets all of the requirements to obtain a motorcycle endorsement on your Indiana driver’s license, then you can ride without a helmet if you choose.

Why Should You Wear a Motorcycle Helmet?

At one time, virtually every state had a universal helmet law. However, in 1976, Congress took away the federal government’s power to penalize states that lacked such laws by, for instance, depriving them of highway safety dollars. Today, only 19 states have a universal helmet law, as the Governors Highway Safety Association (GHSA) explains. Indiana is among 28 states with limited helmet laws. Only three states – Iowa, Illinois and New Hampshire – have no helmet law at all.

So, should you wear a helmet even if the law does not require you to wear one? Most safety experts will say yes. Helmets simply provide a host of safety benefits. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that helmets are 37 percent effective in preventing fatalities among riders and 41 percent effective in preventing deaths among motorcycle passengers.

Several different studies have shown that motorcycle helmets help to prevent:

• Traumatic brain injury
• Skull fractures
• Cervical spine (neck area) injury
• Eye injury
• Ear injury.

Even if you are the safest motorcycle rider, the fact remains that you cannot control what others do. Any time you take your motorcycle on the road, you face the risk of getting hit by a negligent driver. If you wear a helmet, you will clearly minimize your risk of suffering serious injury or death.

What Happens If You Get in a Motorcycle Wreck While Not Wearing a Helmet?

Even if you are legally permitted to ride without a helmet, an insurance company may try to use your lack of a helmet against you if you get into a crash and file a bodily injury claim. This is because of Indiana’s modified comparative fault system. Under this system, you can be barred from recovering any damages in a personal injury lawsuit if you are found to be 51 percent or more at fault for your injuries. Otherwise, you can still recover damages, but your damages may be reduced based on the percent of fault assigned to you.

For instance, an insurance company may claim that your failure to wear a helmet contributed 20 percent to injuries, so your damages should be reduced by 20 percent. If you suffered $100,000 in damages, the insurance company may offer only $80,000 in damages.

It is important to work with a lawyer who knows how to counter those tactics and protect the rights of motorcyclists. At Truitt Law Offices, we often work with doctors and accident reconstruction experts in motorcycle accident cases to establish our clients’ damages. We will know how to respond to an insurance company’s attempt to blame you for your injuries in a motorcycle crash, and we will demand maximum compensation for you.

We always consult with our clients in order to determine their needs and goals. If an insurance company refuses to make a settlement offer that you wish to accept after your motorcycle accident, then we will be prepared to fight for you at trial if that’s what it takes.

Our Fort Wayne Motorcycle Accident Lawyers Are Here for You

At Truitt Law Offices, we care about our clients and their future. If a negligent driver caused a motorcycle crash that has left you with serious injuries, we will work tirelessly to pursue maximum compensation for you – regardless of whether you were wearing a helmet. To discuss the specific facts of your case in a free consultation, contact us today. We can assist you from our offices located in Fort Wayne, Huntington or Indianapolis.

The post Are You Required to Wear a Motorcycle Helmet in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/are-you-required-to-wear-a-motorcycle-helmet-in-indiana/
via https://www.truittlawoffices.com

Phil Truitt Off to Fast Start at Truitt Law Offices

Have you worked with Truitt Law Offices at any point in the last 20 years? If so, you probably saw or met Phil Truitt. As Richard Truitt’s son, he has been a regular at the firm’s Fort Wayne office since he was a kid.

However, on May 14, 2019, Phil Truitt became more than a “regular.” He became a licensed, full-time attorney on the law firm’s legal team.

He has been off to a successful start, too. Through his first six months with Truitt Law Offices, Phil has secured over $760,000.00 in settlements on behalf of his clients.

“It’s been a really smooth transition because I’ve been here for a long time, and I understand how we do things,” Phil says, “but also, we have an excellent staff. They have been there as support and helped me to achieve great things for my clients.”

Hitting the Ground Running

Phil earned his Business Management degree from Manchester University in 2015. He then went directly to Ohio Northern University’s Pettit College of Law and graduated in 2018. Even though he did some work in criminal defense and environmental law while in law school, he was naturally drawn to personal injury law and Truitt Law Offices.

He hit the ground running – to say the least. Eight days after he was admitted to the Indiana Bar, Phil got his first result – a $305,000 settlement for policy limits in a dog bite case.

The victim in that case, a child, had suffered puncture wounds to the thigh in an attack by a neighbor’s pit bull. Through investigation, Phil found social media posts which showed that the dog owner knew of the pet’s prior bites.

“That case purely involved negotiations between me and the insurance adjuster – lots of e-mails going back and forth,” Phil says. “But I had spent a month preparing for it and spending time with the client.”

“So, before we got to the final settlement, I had an answer for every argument that the adjuster had for why she couldn’t pay more,” he says. “I was able to rebut her with the facts immediately due to my preparedness.”

More recently, Phil secured a $250,000 wrongful death settlement on behalf of the family of a young man who lost his life in a moped accident. Again, the settlement was for the policy limits.

In that case, Phil uncovered evidence showing that the driver who hit the man on the moped was distracted at the time of the crash. He also could point to Indiana statutes which established that the man was operating his moped in a safe, legal manner when the wreck occurred.

The family had called Phil on his cell phone to tell him about the case. He secured the settlement for them within 3 months.

“He had lived with his parents, who were retired, and he took care of everything for them. So, getting the case settled for policy limits gave them the ability to quickly hire someone to mow the yard, clean the gutters, get the groceries … they were really lost, nothing will ever make up for the loss of their son, but we did what the law permits of us to help them” Phil says. “It also gave them much needed closure”.

Listening and Caring

As it turned out, during those years he spent growing up at the law firm, Phil was listening and learning. He observed how his father dealt with everyone from clients to insurance defense attorneys. He was ready to put those lessons to work.

For instance, he learned the value of preparation.

“I put the time into each and every case induvidually so that I have a game plan from the start – even if I don’t show all my cards from the start,” Phil says. “I often know what every single response from opposing counsel is going to be and am prepared to rebut.”

Taking the time to listen to his clients, in that sense, may be the most important lesson that he learned from watching his father at work.

“What really helps me is taking the time to sit down with each one of my clients before I get into the weeds of settling their claim. Knowing them on a personal level and understanding them helps me to advocate for them and fight for them as if it were my own life,” Phil says.

“Our mission statement is, ‘We listen. We care.’ And it’s really resonated with me over these last few months,” Phil says. “People just want to be heard and respected, and they want to know that you will do your best work for them.”

Grateful Clients

Phil was pretty sure that he was prepared for anything that came his way when he started at Truitt Law Offices in May. However, one thing he was not exactly prepared for – the reaction of his clients.

“I think I underestimated how grateful people can be,” he says.

For instance, he recently settled an injury case on behalf of a client whose property damage claim had been resolved several months earlier. The client wasn’t even sure she still had a case.

“She kept telling me that it was impossible for me to understand how much this money would change their lives right now,” Phil says. “It’s those moments that really stand out.”

The post Phil Truitt Off to Fast Start at Truitt Law Offices appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/phil-truitt-interview/
via https://www.truittlawoffices.com