Riding a motorcycle offers a unique sense of freedom on the open road, but it also comes with risks. In 2023, Indiana saw over 2,000 motorcycle accidents, leading to approximately 1,500 injuries and 100 fatalities (Source: Indiana Criminal Justice Institute). If you find yourself in this situation, the aftermath can be overwhelming. You’re likely dealing with injuries, medical bills, and insurance claims. Amid this chaos, a critical question often arises: do I need legal advice? The answer is, yes.
The moments following a motorcycle crash are confusing, and the path to recovery isn’t always clear. Navigating the complexities of auto accident claims, especially when a motorcycle is involved, requires a clear understanding of your rights and the legal landscape. This guide will help you understand common injuries, how fault is determined, how to deal with insurance companies, and that it’s essential to consult a motorcycle accident lawyer.
Common Injuries in Motorcycle Accidents
Motorcyclists are more exposed than drivers of cars and trucks, which means their injuries are often more severe. Even with protective gear, the force of a collision can be devastating. Some of the most common motorcycle accident injuries include:
- Road Rash: This occurs when a rider’s skin scrapes against the pavement, leading to abrasions that can range from mild to severe. Deep abrasions can cause permanent scarring and may require skin grafts.
- Head and Brain Injuries: Traumatic brain injuries (TBIs) are a serious risk, even with a helmet. Concussions, skull fractures, and other head injuries can have long-lasting cognitive and physical effects.
- Broken Bones and Fractures: The impact of an accident can easily cause fractures in the arms, legs, wrists, and ribs. These injuries often require surgery and extensive rehabilitation.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, dramatically altering a person’s life.
- Internal Injuries: The force of a crash can cause damage to internal organs, such as the spleen, liver, or kidneys. These injuries are often not immediately apparent and can be life-threatening if left untreated.
- Death: Some motorcycle injuries can sadly lead to death, as noted in the statistics cited to above.
The severity of these injuries highlights why understanding your legal options is so important. The cost of medical treatment and long-term care can be substantial, making a fair motorcycle accident settlement crucial for your recovery.
Determining Fault and Liability
In any auto accident claim, determining who is at fault is a key step. In legal terms, this involves proving negligence, which means someone acted or failed to act with reasonable care, causing the accident. The person or party found to be at fault is considered legally responsible, or liable, for the damages.
Several parties could be found liable in a motorcycle accident:
- Another Driver: The most common scenario is another driver causing the crash through actions like distracted driving, speeding, or failing to yield the right-of-way.
- The Motorcyclist: The rider could also be partially or fully at fault.
- A Government Entity: Poorly maintained roads, missing signs, or malfunctioning traffic lights could make a city or state government potentially liable.
- A Manufacturer: If a defect in the motorcycle or another vehicle contributed to the crash, the manufacturer could be held responsible.
Indiana operates under a comparative fault system (Indiana Code 34-51-2). This means your ability to recover damages—monetary compensation for your losses—is reduced by your percentage of fault. If you are found to be more than 50% at fault for the accident, you are barred from recovering any damages at all. Because of this law, establishing the other party’s degree of fault is critical to the success of your motorcycle accident claim.
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Dealing with Insurance Companies
After an accident, you will likely have to communicate with one or more insurance companies. It’s important to approach these conversations with caution. The insurance adjuster’s goal is to minimize the amount the company has to pay. They may try to get you to admit fault, downplay your injuries, or accept a quick, low settlement offer.
Here are 2 critical tips for interacting with insurance companies:
- Do not give a recorded statement until you have spoken with a motorcycle accident attorney.
- Do not sign any documents or accept a settlement offer without legal review.
Remember, the minimum liability insurance required in Indiana (IC 9-25-4-1) of $25,000 may not be enough to cover the full extent of severe motorcycle accident injuries. An experienced personal injury lawyer can help identify all potential sources of compensation, including underinsured motorists coverage with your own insurance carrier.
When Is Legal Advice Necessary?
Always, because the initial consultation is free, at a minimum you should at least speak with an attorney to protect your rights. You should hire an Indiana motorcycle accident lawyer if:
You suffered significant injuries. If your injuries require fairly extensive medical treatment, long-term care, or have resulted in permanent disability, a lawyer can help ensure you receive compensation for all current and future medical expenses.
Fault is disputed. If the other party denies responsibility or blames you for the accident, an attorney can gather evidence to document a strong case and prove negligence.
The insurance company denies your claim or offers a low settlement. An experienced lawyer will know how to negotiate with insurance companies to secure a fair motorcycle accident settlement that covers all your damages, including medical bills, lost wages, and pain and suffering.
Multiple parties are involved. Accidents involving several vehicles or potentially liable parties can become very complex. A lawyer can manage the legal process and ensure all responsible parties are held accountable.
It’s also important to be aware of the statute of limitations. In Indiana, you generally have two years from the date of the accident to file a personal injury lawsuit (IC 34-11-2-4). Missing this deadline can mean losing your right to seek compensation forever. The time limitations are much shorter if governmental entities are involved.
Benefits of Hiring a Motorcycle Accident Lawyer
Hiring a lawyer can significantly improve the outcome of your claim. A skilled motorcycle accident attorney will:
- Investigate the accident thoroughly to gather evidence, such as police reports, witness statements, body camera videos and expert testimony.
- Accurately calculate your damages to ensure you are compensated for all your losses.
- Handle all communication with insurance companies, protecting you from aggressive tactics.
- Negotiate a full and fair settlement on your behalf.
- Represent you in court if a motorcycle accident lawsuit is necessary.
Navigating the legal system alone is difficult, especially while recovering from an injury. A lawyer acts as your advocate, allowing you to focus on your health and well-being.
Frequently Asked Questions
What should I do immediately after a motorcycle accident?
First, check for injuries and call 911. Seek medical attention, even if you feel fairly fine. Report the accident to the police, gather contact and insurance information from others involved, and take photos or video of the scene.
What damages can I recover in a motorcycle accident claim?
You may be able to recover economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering, and emotional distress).
How long do I have to file a lawsuit for a motorcycle accident in Indiana?
Under Indiana law, you generally have two years from the date of the accident to file a personal injury lawsuit.
How much does it cost to hire a motorcycle accident lawyer?
Most personal injury lawyers work on a contingency fee basis. This means they only get paid if you win your case, typically taking a percentage of the settlement or award. The initial consultation if free.
What if the insurance company denies my motorcycle accident claim?
If your claim is denied, you should consult with a motorcycle accident attorney immediately. They can review the denial, determine if it was wrongful, and help you appeal the decision or file a lawsuit.
IN CONCLUSION
The aftermath of a motorcycle accident is challenging, but you don’t have to face it alone. Understanding Indiana personal injury laws and the tactics of insurance companies is key to protecting your interests. If you have been injured, especially if those injuries are severe or fault is in dispute, seeking legal advice is a critical step toward securing the compensation you need to recover and move forward.
Legal Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every case is unique, and the details of your situation may require specific legal guidance. Reading this blog does not establish an attorney-client relationship. For advice regarding your particular circumstances, consult one of our qualified attorneys.
If you or a loved one has been injured in an Indiana motorcycle accident, contact our experienced legal team today. We can evaluate your case and help you understand your options.
Related Post: Pain and Suffering in Motorcycle Accident Cases: What You Should Know
