Motorcycle accidents, often more severe than typical car accidents, can leave victims grappling with devastating injuries and complex legal challenges. Seeking the counsel of specialized Indiana motorcycle accident lawyers becomes crucial.
The intricacies involved in such cases demand the expertise of personal injury lawyers versed in accident reconstruction, making them essential allies for victims navigating the aftermath of such incidents.
Read on to find out more about all the ways that an Indiana motorcycle accident lawyer from our team can help you secure the fair compensation you deserve.
Types of Cases That Our Motorcycle Accident Lawyers Handle
Motorcycle accidents encompass a broad spectrum of scenarios, each presenting its unique challenges and legal considerations. Our experienced legal team is adept at handling an extensive array of motorcycle accident cases in Indiana.
Whether it’s instances of truck driver negligence, defective motorcycle equipment, or accidents caused by environmental factors, our commitment to diligently advocate for our clients’ rights and seek the compensation they deserve remains unwavering.
The Most Common Injuries We See Among Motorcycle Accident Victims
Motorcycle accidents frequently result in severe injuries due to the lack of protective barriers that cars provide. Common injuries sustained by motorcycle riders and passengers are typically more substantial and can include both external and internal injuries, such as:
- Traumatic Brain Injuries (TBIs) – Head injuries are prevalent and can range from concussions to severe traumatic brain injuries, often leading to long-term cognitive impairments.
- Spinal Cord Injuries – Damage to the spinal cord can result in paralysis or varying degrees of loss of motor function and sensation.
- Road Rash – Abrasions and skin injuries, commonly termed road rash, occur due to the body sliding along the road surface upon impact, often leading to infections and requiring extensive medical treatment.
- Fractures and Bone Injuries – Broken bones, including fractures to limbs, pelvis, or ribs, are frequently observed and may necessitate surgeries and prolonged rehabilitation.
The Most Common Causes of Motorcycle Accidents
- Alcohol and Drugs Impairment – In 2020, about 60% of drivers engaged in fatal collisions underwent testing for alcohol and/or drugs in Indiana.  Interestingly, the rate of positive drug test results exceeded instances of alcohol impairment for both surviving drivers and those fatally injured. Among drivers involved in fatal collisions and tested for drugs, half tested positive for the presence of one or more drugs.
- Speeding – Excessive speed correlates strongly with the severity of motorcycle accidents. Indiana’s data reflects a notable connection between high-speed collisions and the increased likelihood of severeness of sustained injuries among motorcycle riders. 
- Helmet Use – Helmet use among motorcyclists involved in collisions in Indiana demonstrates a clear correlation with reduced fatality and injury rates. Of motorcyclists who either lost their lives or suffered incapacitating injuries, 49% were not wearing helmets at the time of the accident. 
Damages That Our Indiana Motorcycle Accident Lawyers Can Help You Recover
Our experienced legal team specializes in securing various types of damages for victims of motorcycle accidents in Indiana. The recoverable damages often depend on the circumstances. These damages may include, but are not limited to:
- Past and Future Medical Bills – Covering expenses for medical treatments, surgeries, therapies, and ongoing care resulting from the accident.
- Physical Pain and Suffering – Compensation for the physical distress and agony experienced due to injuries sustained in the accident.
- Emotional or Psychological Trauma – Seeking compensation for mental anguish, PTSD, anxiety, or emotional distress caused by the accident.
- Vehicle Repair or Replacement – Covering the costs of repairing or replacing the damaged motorcycle or other property.
Motorcycle Accident Wrongful Death Claim
In advocating for families affected by the devastating loss resulting from a motorcycle accident, our legal team can pursue various damages through a wrongful death claim. These damages encompass critical aspects such as:
- Funeral Costs – Addressing the financial burden of funeral arrangements, burial services, and associated expenses incurred due to the tragic event.
- Medical Expenses and Hospital Bills – Seeking compensation for medical bills accrued before the victim’s passing, encompassing hospital bills, surgeries, treatments, and care received following the accident.
- Loss of Financial Support – Addressing the economic impact on the family due to the deceased’s lost income, benefits, and potential future financial contributions that supported the family unit.
You Have Limited Time to File a Motorcycle Accident Claim in Indiana
In Indiana, there is a statute of limitations governing the time frame within which legal actions must be initiated following a motorcycle accident.
For personal injury claims arising from motorcycle accidents, including those related to wrongful death or product liability, the statute of limitations typically ranges from two to two-and-a-half years.
Our team offers a free case evaluation, ensuring that individuals affected by motorcycle accidents can promptly seek guidance and understand their legal rights.
What Is the Basis of Motorcycle Accident Personal Injury Claims
When pursuing a personal injury claim, the critical elements include proving the defendant’s breach of duty towards the victim, demonstrating that this breach directly caused the accident, and showcasing the resulting damages incurred by the victim. Negligence arises when a party fails to fulfill their duty of care, leading to harm to another individual.
Who Is Held Liable in Motorcycle Accident Cases
- Other Motor Vehicle Operators – Motorists operating cars, trucks, or other vehicles can be held liable for motorcycle accidents if they breach traffic laws, fail to yield, drive recklessly, or engage in distracted driving. For instance, a driver making an illegal turn causing a collision with a motorcycle.
- Government Entities – Road hazards, inadequate signage, poorly maintained roads, or construction site negligence might attribute liability to government bodies responsible for road maintenance. For instance, a poorly maintained road causing a motorcycle crash.
- Motorcycle Manufacturers – Defective motorcycle parts or manufacturing flaws leading to an accident can make the manufacturer liable. For instance, faulty brakes causing a motorcycle collision.
Proving Fault in a Motorcycle Accident Case
Proving fault in a motorcycle accident case involves a comprehensive evaluation of federal, state, and local laws, along with gathering substantial evidence.
Indiana follows the comparative fault principle, allowing recovery of damages even if the injured party holds a percentage of fault, as long as it’s less than 51%.
Evidence crucial for establishing fault includes police reports, witness statements, photographs of the accident scene, medical records documenting injuries, and expert testimonies.
What to Do After a Motorcycle Accident
- Ensure Safety – Check for injuries and move to a safe location if possible. Call emergency services immediately.
- Gather Information – Exchange contact, insurance, and vehicle details with the involved parties. Document the accident scene with photos or videos.
- Seek Medical Attention – Even if injuries seem minor, seek medical evaluation as some injuries may not manifest immediately.
- Contact Law Enforcement – Request a police report detailing the accident. Cooperate but avoid speculating or assuming fault.
- Do Not Communicate With an Insurance Adjuster – Avoid giving recorded statements to insurance adjusters without legal representation. They may use statements against your claim.
- Contact Motorcycle Accident Lawyers – Seek legal counsel immediately. An experienced motorcycle accident lawyer can protect your rights, handle communication with the insurance company, and guide you through the complexities of a personal injury lawsuit.
Filing a Motorcycle Accident Claim With Rosenfeld Injury Lawyers
Here is a brief outline of the process of filing a motorcycle accident lawsuit with an Indiana motorcycle accident lawyer from our team:
- Free Consultation – We will start with a free consultation to discuss the details of your case.
- Case Investigation – Our legal team will initiate a thorough investigation, gathering evidence such as accident reports, medical records, witness statements, and other pertinent documentation.
- Evidence Gathering – We will meticulously collect and analyze evidence, including photographs, expert opinions, and any available surveillance or dashcam footage related to the accident.
- Consulting Experts – We will utilize the expertise of an accident reconstruction expert or medical professionals to strengthen your case and provide insights into the accident’s causes and impacts.
- Negotiating With Insurance Company – Engage in negotiations with the other party’s insurance company on your behalf, leveraging our experience to seek fair compensation.
- Preparing for Trial – While most cases are settled outside of court, our team prepares extensively for trial if negotiations do not yield a satisfactory settlement offer.
How Much Can Be Recovered in a Motorcycle Accident Case
The amount recoverable in a motorcycle accident case varies significantly and depends on various factors, such as current and future medical costs, non-economic damages sustained, and more.
Our law firm has a track record of securing substantial settlements for our clients based on the specifics of their cases. For instance, we secured $14,100,000 for the family of a motorcyclist who was fatally injured in a collision with a truck attributed to its driver’s speeding and lack of attention.
Factors That Affect Motorcycle Accident Settlement Amounts
- Costs of Losses – The total economic losses incurred, such as medical bills for surgery or physical therapy, property damage, lost wages, and ongoing treatment expenses.
- Extent of Injuries – The severity of physical injuries sustained by the motorcycle rider, particularly serious ones such as neck injuries that may result in long-term impairment or disability.
- Insurance Coverage – The insurance policy limits of both the at-fault party and the injured party’s coverage play a significant role in determining the available compensation.
- Evidence and Witnesses – The strength of evidence, including medical records, eyewitness testimonies, accident reconstructions, and other supporting documentation, significantly influences the settlement amount.
- Non-Economic Damages – Consideration of non-economic damages like pain and suffering, emotional distress, loss of enjoyment of life, and the impact of the injuries on the victim’s overall well-being.
How Long Does Settling a Motorcycle Accident Case Take
Settling a motorcycle accident case can take over six months. However, the duration may vary depending on several factors. Swift action is crucial in such cases, underscoring the importance of promptly hiring a motorcycle accident lawyer.
How Much Does Hiring a Motorcycle Accident Attorney Cost
Our Indiana motorcycle accident lawyers typically operate on a contingency fee basis. This means that we will only receive payment after successfully resolving your case as a percentage of your settlement.
Contact an Indiana Motorcycle Accident Lawyer Today!
Don’t navigate the aftermath of an Indiana motorcycle accident alone. With millions recovered for motorcycle accident clients, we are committed to advocating for your rights against negligent drivers or insurance companies.
Contact us today at (800) 424-5757 for a free consultation today to explore your legal options and begin the journey toward the compensation you rightfully deserve.