Recent temperatures above 70 degrees for the first time in 2015 served as a reminder that it will soon be “Riding Season” for the tens of thousands of motorcycle and bicycle enthusiasts in Indiana. The Big Thaw also revealed the obscure dangers that lurk on our crumbling roadways as the vanishing freeze gives way to pavement failures, with potholes here, there, and everywhere!  It is not too soon, or too early, to once again raise awareness of the importance of safely Sharing the Road, recognizing the increased presence of pedestrians, bicyclists and motorcyclists.

Our practice of vigorously representing motorcyclists who have suffered harm by distracted, negligent, and drunk drivers spans over four decades.  Through our work, the attorneys and staff at Ladendorf Law have experienced along with our clients the human suffering of catastrophic injury and the avoidable loss of a loved one.

Being “Like Family, Because We Are,” our law firm recognizes our social and moral obligation to the community we serve.  Ladendorf Law supports several benefit and charity rides across the State throughout each Riding Season.  Once again, we are humbled to be the primary sponsor of the Second Annual Memorial Ride in honor of former Grant County Sheriff’s Deputy Michael Andry, who was killed at the age of 49 when a distracted driver turned left in front of Lt. Andry’s motorcycle in July 2013.

The Second Lt. Michael Andry Memorial Ride will be held on June 20, 2015 beginning in Greentown, Indiana.  Funds raised through the Second Lt. Michael Andry Memorial Ride will benefit the Grant County Sheriff’s Gifts For Kids, Marion’s Cops & Kids and the Howard County Benevolent Fund, which helps children through the Howard County Sheriff’s Department.  For more information on the Ride, visit Facebook:  https://www.facebook.com/mikeandryride

The first Lt. Michael Andry Memorial Ride took place July 12, 2014 in Marion, Indiana on the one year anniversary of Lt. Andry’s tragic death.  Ladendorf Law was there as the primary sponsor.  Through the organizing efforts of Lt. Andry’s family and the generosity of the many riders and participants, the Ride was a tremendous success, raising $10,000 in donations for two of Lt. Andry’s favorite charities: Grant County Sheriff’s Gifts For Kids and Marion’s Cops & Kids .  Go back in time for a birds-eye-view of the moving tribute to Lt. Andry as kickstands go up and 100 bikes begin the 130-plus mile ride escorted by the State Police:  http://ladendorf.wpengine.com/birds-eye-footage-1st-lt-michael-andry-memorial-ride/.

NASCAR Driver Tony Stewart Hires Indianapolis Defense Attorney James Voyles

The motor sports world suffered a great loss on Saturday, August 9, 2014 when Kevin Ward, Jr. died of massive blunt force trauma after he was struck during a sprint car race by Tony Stewart’s vehicle.  As this perplexing and tragic event is being investigated, no criminal charges have been filed to date.  However, WTHR News reported that Stewart has retained seasoned Indianapolis defense attorney James Voyles just days after the fatal wreck.

Regardless of what the New York prosecutors decide to do as far as criminal charges are concerned, it is likely that Tony Stewart will face legal action in the civil arena. That is, even if New York authorities conclude that Ward Jr.’s death was entirely accidental, his family could conceivably pursue a wrongful-death civil case under a theory of negligence.

The differences between proving manslaughter in criminal court and proving negligence in civil court are significant.  For one, the level of intent is much lower for negligence, as a wrongful death plaintiff need only show that the defendant’s actions fell below a standard of reasonable care under the circumstances.  (By contrast, a prosecutor needs to prove the act that caused the death was intentional, or at minimum, severely reckless.)  Moreover, theburden of proof in a civil case requires the plaintiff demonstrate that it is more probable than not that the defendant was negligent and that the defendant’s negligence caused the plaintiff damage.  The time-honored criminal burden of proof is that all elements of a criminal charge be demonstrated “beyond a reasonable doubt,” a much higher bar to meet.

In spite of the ugliness of the scene that resulted in Ward Jr.’s death, there remain challenges for his estate if it seeks to bring a wrongful death claim. Ladendorf Law founding attorney Mark Ladendorf explained some of these challenges in an interview with WTHR (local NBC) on Monday.

From a claimant’s perspective, Mark’s first concern is whether Kevin Ward Jr. executed a waiver or release of liability prior to participating in the sprint race.  Athletic releases–which operate to bar a future civil claim in exchange for the athlete being allowed to participate–are pervasive in motor sports.  In many instances, the language of the release / waiver signed by a deceased individual can be binding upon his heirs in a wrongful death case.

Second, Mark discussed one of the critical differences between the substantive laws of New York, where the incident occurred, and Indiana, which is Tony Stewart’s home state.  Under the Indiana Adult Wrongful Death Statute (codified at I.C. 34-23-1-2), the estate of an emancipated adult who is killed through the fault of another can only collect at most $300,000 in “non-economic damages” — that is, damages that represent the loss of love, care and companionship.  This is only one type of “damage cap” created by the Indiana Legislature to limit a party’s recovery.  The State of New York, by contrast, does not cap wrongful death damages for the statutory survivors of the deceased.

To view portions of Mark Ladendorf’s interview with WTHR, click here.

Ladendorf Law will continue to follow this developing story. Our practice is devoted exclusively to representing victims of personal injury accidents, medical malpractice and wrongful death.  Please do not hesitate to call us if we may assist you, your friends or acquaintances with a case.

When technology and philanthropy come together, beautiful results can happen.  This video, taken by a drone hovering above the American Legion Post #10 in Marion, Indiana, followed the motorcycle riders who participated in the inaugural Lt. Michael Andry Memorial Ride on July 12, 2014.

The initial couple of minutes show the Legion grounds and the bikes departing.  The drone catches up with the riders en route on the 137 mile journey.  It concludes with still photos of former Grant County Sheriff’s Deputy Michael Andry on his bike and the cross at the scene of his untimely crash that led to his death.    Incredible aerial videography, particularly for those who have never seen what a drone can do.

A recap of the July 12, 2014  Lt. Michael Andry Memorial Ride, by Ladendorf Law attorney Dan Ladendorf:

Approximately two hundred people – volunteers and participants alike – stood under partly cloudy skies waiting for the formal invocation to kick-off the Lt. Michael Andry Inaugural Memorial Ride. A young lady was invited to the microphone where she acknowledged Lt. Andry’s selfless actions when he came upon the scene of a crash several years ago and played a role in making her presence at this event in his memory even possible.  In his work, Lt. Andry touched the lives of many people in unforeseen ways and made his community a better place until a senseless crash on July 12, 2013 claimed his own life at the young age of 49.

Despite Saturday’s stormy forecast, the only thunder overheard at American Legion Post #10 in Marion, Indiana was the roar of one hundred motorcyclist departing for a 137 mile ride in memory of Lt. Andry, a twenty-one year veteran of the Grant County Sheriff’s Department.  A law enforcement escort accompanied the procession of bikes over the Salamonie Reservoir with a scheduled stop at Brandt’s Harley Davidson in Wabash.  The ride continued across the Mississinewa Reservoir, through Converse and into the Town of Swayzee, where Lt. Andry began his career in law enforcement as the Town Marshall.   A second stop in Greentown provided a short respite before riders passed byKnox Chapel Cemetery where Lt. Andry is laid to rest.  Upon returning to the Legion, afternoon activities included food and a silent auction.

Ladendorf Law was the primary sponsor of the ride and is grateful the Andry family invited our participation in the event, which promoted driver and motorcycle safety.  Ladendorf Law attorney Dan Ladendorf was on-hand at the Legion in the hours before the 11:00 a.m. ride commenced.  Proceeds from this year’s inaugural ride are earmarked for the benefit of two law enforcement related charities including the Grant County Sheriff Department’s “Sheriff’s Gifts for Kids” program and the Marion Fraternal Order of Police “Cops and Kids” program. Both charities assist less fortunate children during the Christmas season and were supported by Lt. Andry before his untimely death.

The inaugural Lt. Michael Andry Memorial Ride ride was held on the one year anniversary of Lt. Andry’s death, which was caused by the negligence of another driver who executed a left turn directly into and across the path of Lt. Andry’s motorcycle on SR 13 just north of Elwood, Indiana.  Lt. Andry’s family intends to continue the event each year in celebration of his life and in support of his commitment to the community in which he lived and worked.  Ladendorf Law looks forward to being along for the ride.

Like family.  Because we are.

dan + family

Dan Ladendorf hands this young lady a special “Ladendorf Law” kickstand puck.
Dan Ladendorf hands this young lady a special “Ladendorf Law” kickstand puck.

 

Kickstands up! Time to roll out for the 100+ mile ride.

 

Lt. Michael Andry Memorial Ride volunteers… hard at work!
Lt. Michael Andry Memorial Ride volunteers… hard at work!