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Jonathan Rosenfeld

February 26, 2024

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

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Motorcycle accidents often result in more severe injuries compared to car accidents. To secure justice, it’s crucial to find a reliable Indianapolis motorcycle accident lawyer who knows the ins and outs of local laws and regulations but also has plenty of experience dealing with insurance companies.

If you or a loved one have been injured, call Rosenfeld Injury Lawyers at (888) 424-5757 for a free case evaluation and read on for more information on handling these types of cases.

Filing a Motorcycle Accident Claim With Rosenfeld Injury Lawyers

Our Indianapolis motorcycle accident lawyers will be with you every step of the way, starting with your free consultation. Here’s what you can expect when you partner with our law firm:

  • Free case evaluation – When you get in touch with an Indiana motorcycle accident lawyer from our team, we’ll inform you if you qualify to file a legal claim.
  • Case investigation – We’ll assess who may be liable for the accident and identify what kind of case you have under Indiana law.
  • Gathering evidence – Your lawyer will gather compelling evidence, such as accident scene footage, accident reports, and medical assessments.
  • Expert consultation – As we handle motorcycle accident cases throughout the Midwest, we have developed a strong network of experts familiar with all aspects of motorcycle wrecks who can give impartial, evidence-based opinions.
  • Insurance company negotiation – Many personal injury cases are settled out of court with the applicable insurance companies. We’ll work with insurance adjusters to get you fair compensation for your physical injuries, emotional trauma, and financial losses.
  • Trial preparation – If we can’t reach a satisfying settlement with insurance companies, you can rely on us for accomplished legal representation. We’ll explain each aspect of your case and keep you informed of all developments.

Types of Cases That Our Indianapolis Motorcycle Accident Attorneys Handle

Every motorcycle accident is slightly different based on who is held liable and what caused the wreck. These are the types of cases we handle for our motorcycle accident clients:

  • Dooring – This type of accident occurs when a driver opens their door as a motorcyclist is passing, which can result in severe injuries.
  • Rear-ending – Unlike other motor vehicles, motorcycles have precarious balance, so even a small tap can dismount the rider.
  • Left-hand turn – One of the most common types of motorcycle accidents, this is often due to failure to yield or to check for bikes in the path of travel.
  • Head-on collision – These often fatal motorcycle collisions are very common on smaller, two-lane roads.
  • Road hazards – Indianapolis has a billion-dollar pothole problem, which the government is not doing enough to fix [1]. Small obstacles like potholes can cause a serious accident for a motorcycle rider.

The Most Common Injuries We See Among Motorcycle Accident Victims

Motorcycle enthusiasts are far more likely to sustain serious accident injuries than car occupants due to the riders’ lack of protection. Common injuries our motorcycle accident lawyers come across when handling such cases include:

  • Broken bones
  • Contusions and lacerations
  • Traumatic brain injuries
  • Spinal cord injuries
  • Neck injuries
  • Internal injuries
  • Road rash
  • Burns

Indianapolis motorcycle accident injuries

The Most Common Causes of Motorcycle Accidents

  • Drunk driving – 2023 has been one of the most dangerous years for Indianapolis motorcycle riders due to the shockingly high OWI rates. In just the first nine months of the year, there were 450 OWI cases, more than the entirety of 2022 [3].
  • Breaking traffic laws – For example, serious injury can occur when a driver fails to yield the right of way to a motorcyclist, as happened when a 98-year-old Greenville driver turned in front of an Indianapolis biker [4].
  • Defective motorcycle parts – A defective motorcycle part can result in a major motorcycle accident. For example, earlier in 2023, Yamaha recalled its 2022 Yamaha Tenere 700 bikes due to dangerous brake defects [5].
  • Helmet laws – Though Indiana motorcycle laws do not require helmets for adult riders, failure to do so can cause fatal accidents due to head injuries.
  • Reckless driving – Indianapolis is particularly dangerous for riders because drivers go faster than the national average on city streets, with only about 27.5% of its pedestrian roadways having limits of 25mph or less [6].
  • Distracted driving – Despite the Hands-Free Law being passed in 2020, over 950 people died statewide as a result of distracted driving in 2022 [7].

Indianapolis motorcycle accident causes

Damages That Our Indianapolis Motorcycle Accident Lawyers Can Help You Recover

There are a variety of economic and non-economic damages that can be recovered in personal injury claims, depending on who is filing the claim. If you are seeking compensation for yourself, an experienced motorcycle accident lawyer from our team can help you recover:

  • Lost wages
  • Past and future medical costs, including physical therapy and mobility devices
  • Physical pain and suffering
  • Emotional or psychological trauma
  • Permanent disability or disfigurement
  • Bike repair or replacement
  • Loss of enjoyment of life

Motorcycle Accident Wrongful Death Lawsuit

For those seeking justice on behalf of deceased motorcycle accident victims, we’ll pursue compensation for needs such as:

  • Funeral costs
  • Medical treatment expenses
  • Loss of financial support
  • Loss of companionship

You Have Limited Time to File a Motorcycle Accident Personal Injury Claim in Indianapolis

Indiana statutes of limitation for personal injury, wrongful death, and product liability are only two years. This makes it essential for you to contact an Indianapolis motorcycle accident lawyer quickly and begin the process.

Who Can Be Held Liable After a Motorcycle Crash

There are a variety of potentially liable parties for motorcycle accidents. This can include:

  • Motor vehicle operators – 41% of all motorcycle crashes are due to the at-fault driver failing to check for a motorcycle [8]. Other drivers or motorcyclists involved can also be held liable if they fail to exercise due caution around a crash.
  • City of Indianapolis – 8,400 lane miles in Indianapolis are in bad shape, and legislative hangups can cost lives [9].
  • Product manufacturers – Companies that don’t deliver safe motorcycles must be held accountable. Additionally, bikers who sustained injuries to their neck or head despite wearing a helmet may be able to seek compensation from the manufacturer.

How Much Can Be Recovered in a Motorcycle Accident Personal Injury Lawsuit

There are no strict settlement amounts for motorcycle accidents, but our law firm has been able to recover millions for injured bikers. For example, we were able to secure $14,100,000 for the family of a deceased biker killed when a distracted truck driver turned left in front of him.

Factors That Affect Motorcycle Accident Settlement Amounts

The settlement that our Indiana personal injury lawyers can obtain is based on a number of factors, such as:

  • Cost of losses – The size of your medical bills and lost wages will be taken into account.
  • Extent of injuries – When a motorbike accident involves traumatic injury, the settlement is usually higher.
  • Insurance coverage available – Depending on the insurance available, such as underinsured motorist coverage, you may receive less.
  • Evidence and witnesses – The more evidence to prove your personal injury claim, the more likely you are to receive a satisfactory settlement.

What to Do After an Indianapolis Motorcycle Wreck

It’s critical that you act quickly after motorcycle accidents, both for your safety and legal protection. Follow these steps:

  • Stay at the scene – Get the contact information for everyone present, including the police officer.
  • Get medical attention – As motorcycle accidents are very serious, you must be medically cleared as soon as possible.
  • Secure legal counsel – Seek out an experienced motorcycle accident lawyer right away.
  • Don’t talk to insurance companies – These companies will seek to minimize their responsibility as much as possible. Allow us to handle all negotiations on your behalf.
  • Keep records – Be sure to collect all your medical bills, reports, and any communications from anyone involved. We will use this to develop your case.

Differences Between Car and Motorcycle Accident Cases

Motorcycle accidents are different from car crashes for several reasons, such as:

  • Severity of injuries – Injured motorcyclists are far more likely to be permanently disabled or killed than car drivers.
  • Lack of protection – Car drivers have airbags, seatbelts, and a sturdy-framed vehicle; bikers don’t.
  • Less control – Because motorcycles have less balance, they also have less control. Many motorcycle wrecks occur because the rider loses control of their bike.
  • Visibility issues – Inattentive drivers can easily miss a smaller, lighter motorcycle.
  • Road conditions – Motorcycles are much more sensitive to road conditions than the typical motor vehicle. One small oil patch might be enough to cause a wreck.

Eligibility to File a Motorcycle Accident Claim

Your eligibility to file a lawsuit based on the negligence of another depends on four specific factors: duty of care, breach of duty, cause, and damages. Their definitions are as follows:

  1. Duty of care – The liable party, whether that is an individual, a company, or a municipality, owes you the responsibility to act safely and avoid undue danger.
  2. Breach of care – This individual or organization failed to uphold their duty of care.
  3. Cause – The breach of care was the primary cause of the accident.
  4. Damages – Economic or non-economic damages, such as injuries or property loss.

Proving Fault for Indianapolis Motorcycle Crashes

To prove fault, the insurance company, a judge, and a motorcycle accident attorney will need to review your compliance with Indiana motorcycle laws in addition to other evidence about the accident itself. These laws include:

  • Lane splitting – Riding between two lanes is illegal, but motorcyclists can ride abreast with another biker.
  • Licensing – You must have a motorcycle learner’s permit or a motorcycle endorsement in addition to a valid driver’s license.
  • Helmets – While helmets and eye protection are mandatory for those with a learner’s permit or below the age of 18, they are strongly recommended for all riders regardless of age. You should also wear other protective gear like gloves, jackets, pants, and boots.
  • Insurance – You must have valid motorcycle insurance.
  • Motorcycle gear – Your bike needs to have headlights and high beams, a speedometer, a brake light, a turn signal, and a rear-view mirror. Your handlebars can’t be more than 15 inches above the seat. Your headlights must be on at all times.

In addition to this, a variety of evidence will be used pertaining to the accident, such as:

  • Police report
  • Medical reports
  • Expert testimony from professionals like an accident reconstruction expert
  • Eyewitness statements
  • Photos and videos of the crash scene
  • Surveillance footage

Like many other states, Indiana uses modified comparative fault. This means that you can receive compensation as long as you were less than 50% responsible for the accident, but your damages will be reduced proportionate to your responsibility.

How Much Does Hiring an Indianapolis Motorcycle Accident Attorney Cost?

Rosenfeld Injury Lawyers works on a contingency fee basis, which means that you owe our motorcycle accident lawyers nothing unless we are able to get you a settlement.

Our fee arrangement allows everyone to receive excellent legal assistance from an accomplished motorcycle accident attorney, without needing to worry about legal bills as they recuperate.

How Long Does Settling a Motorcycle Accident Case Take?

Typically, a motorcycle crash claim will take over six months to settle, but this timeline depends on the cooperation of the other parties, like the insurance company and drivers, as well as how complicated the case may be.

To help get your life back to normal as soon as possible, call us as soon as possible so we can get started on your claim. We’re always available for a free case evaluation.

Contact an Indianapolis Motorcycle Accident Lawyer Today!

If you’ve been injured while riding due to the negligence of another, you deserve justice. Call us at (888) 424-5757 or use our contact form to get started with your free consultation with an Indianapolis motorcycle accident lawyer.

We have recovered millions for our clients, and we always work on a contingency fee basis, providing peace of mind.

Resources: [1] FOX-59, [2] WRTV, [3] Mercer County Outlook, [4] The Brake Reports, [5] Axios Indianapolis, [6] WISH-TV, [7] National Highway Traffic Safety Administration, [8] CBS4 Indy

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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