From Asphalt to Advocacy: Your Guide to Indiana Motorcycle Accident Claims

Posted on February 22, 2024 by admin

Motorcycle accidents are not just high-impact incidents that end with the crack of the helmet against the pavement; they often lead to a long and arduous aftermath for those involved. As a motorcyclist, you embody the thrill of the open road, but you also face higher risks when accidents occur.

This guide aims to shed light on the comprehensive steps necessary to navigate the complex world of motorcycle accident claims in Indiana. Whether you’re a seasoned biker or a personal injury victim seeking justice, this deep dive into the legal process will act as a roadmap, offering clarity and direction during a tumultuous time in your life.

Call 317-881-2700 to Speak With a Motorcycle Accident Claim Lawyer in Indianapolis

The Fundamentals of Motorcycle Accident Claims

The first step in any personal injury case is to understand the intricacies of the legal process. A motorcycle accident claim is like any other personal injury claim but has its nuances. Motorcyclists are significantly more vulnerable on the road, and the injuries they suffer can be devastating. The legal process begins with the determination of fault, which is a crucial aspect of your claim. Unlike car accidents, motorcycling is often a single-incident liability, which means that identifying fault is even more pivotal for motorcyclists. Multiple parties might be held liable, from the other driver to the manufacturer of a defective helmet.

Unique Considerations for Motorcycle Accident Victims

Motorcycle accident claims are distinctive in the type and severity of injuries that often result. From road rash and broken bones to traumatic brain injuries and spinal cord damage or death, the extensive list of potential injuries requires a keen understanding of the medical and legal ramifications. Furthermore, there’s often a bias regarding motorcyclists, which can make determining fault and navigating the legal system more arduous. This bias isn’t insurmountable, but it does underline the need for a well-constructed strategy to handle claims successfully.

Gathering Evidence

Evidence forms the backbone of any strong claim, and in a motorcycle accident, proving fault and the extent of injuries is paramount. The adage “time is of the essence” couldn’t ring truer. In the immediate aftermath of an accident, adrenaline is high, and emotions are visceral. However, your first instinct should be to gather as much evidence as possible to bolster your claim. Assuming you’re physically able, here’s what you should aim to collect:

AT THE SCENE…

► Take Photos: Document the scene, your bike, the other driver, the other vehicle, and any visible injuries.

► Obtain Witness Statements or Contact Data: Speak to anyone who might have seen the accident. Eyewitness accounts can be invaluable.

► Secure Police Reports: The police report is a crucial piece of evidence. Ensure that responding officers thoroughly document the accident.

IN THE DAYS FOLLOWING…

► Preserve Physical Evidence: Don’t repair or dispose of your motorcycle or damaged gear. These items may serve as vital proof.

► Gather Medical Records: Ensure all of your medical treatment and diagnoses are well-documented. This will help substantiate your injuries and medical expenses.

► Dealing with Insurance Companies

Navigating the labyrinth of insurance can be bewildering. Motorcycle insurance typically covers damages and medical expenses, but the statutory minimums might not be enough to compensate a severely injured rider. Moreover, insurance companies often employ strategies to devalue claims, especially for motorcyclists.

Consider the following tactics used by insurance adjusters to lower the value of personal injury claims:

► Quick Settlement Offers: These offers may seem attractive, but they rarely reflect the true value of your claim and do not consider long term damages sustained.

► Delaying Tactics: Insurers may slow the processing of your claim to pressure you into an unfavorable settlement.

► Blame Shifting: Expect the other party’s insurer to try to shift some, if not all, of the blame onto you. This is where your prepared evidence and legal counsel are vital.

Seeking Legal Representation

Hiring a personal injury attorney experienced in motorcycle accident claims is arguably the most critical decision you’ll make. The right lawyer becomes your advocate, your voice, and your warrior in the legal arena. A good attorney understands the complexities of motorcycle claims and how to combat the bias potentially working against you.

An Indiana motorcycle accident lawyer is essential for several reasons:

► Case Preparation: A well-prepared case is often the key to a successful claim. Lawyers know what evidence to gather and how to present it.

► Knowledge of the Law: The legal system is complex, and personal injury laws vary by state. A lawyer will navigate these intricacies for you.

► Negotiating Skills: Attorneys are skilled negotiators and can secure better settlements than individuals can on their own.

► Trial Experience: If your case goes to trial, you want someone with trial experience in your corner.

When selecting a lawyer, consider the following:

► Experience in Motorcycle Accidents: Look for a lawyer with a track record of successful motorcycle accident cases.

► Clear Communication: Your lawyer should be able to explain the legal process and your options in a clear, understandable manner.

► Resources: Cases, particularly those involving severe injuries, can be costly. Choose a lawyer with the resources to see your case through.

► Client Testimonials: Read what others have to say about the lawyer.

Negotiating Motorcycle Injury Settlements

Settling a claim often avoids the stress and uncertainty of going to trial. However, it’s crucial that any settlement offer fully compensates you. Your attorney will first calculate the economic damages, including medical expenses, lost wages, and repair costs. Then, they’ll assess non-economic damages, such as pain and suffering. Successful personal injury claim negotiation is an art, which is why you need professional legal representation to obtain the best possible outcome in the case.

Taking Your Case to Trial

Sometimes, a fair settlement isn’t possible, or trial is the most advantageous route from the outset. The trial process can be intimidating, but with the right preparation, you’ll be ready for the courtroom.

The Typical Trial Process:

► Discovery: This phase allows all parties to collect relevant information and depose witnesses under oath.

► Pre-Trial Motions: Your attorney may file motions to limit evidence that can be presented, or in anticipation of a summary judgment.

► The Trial Itself: This is your chance to present your case. Your attorney will present evidence, call witnesses, and offer a closing argument.

► The Verdict: The judge or jury will render a verdict, which determines if and how much you’re awarded.

How to Prepare for Trial:

► Work Closely with Your Attorney: Your role in preparing your case is crucial. Work closely with your attorney to understand what’s expected during the trial.

► Manage Your Expectations: Trials can be unpredictable, and the outcome is uncertain. It’s essential to manage your expectations while maintaining a hopeful outlook.

Conclusion

Navigating a motorcycle accident claim is a formidable task. From dealing with initial injuries to the complexities of the legal system, it can be overwhelming. However, understanding the process and having the right support can make all the difference. It’s vital to seek legal advice early to protect your rights and ensure you receive the financial justice you deserve.

If you’ve been involved in a motorcycle accident, take heed of the guidance presented here. Know your rights, understand the process, and be proactive in seeking the assistance you need to move forward with confidence and security. After all, the pursuit of a claim isn’t just about financial compensation; it’s about ensuring accountability and safety for riders across the nation.

Should you find yourself the victim of a motorcycle injury, remember that the road from asphalt to advocacy is one best traveled with the guiding presence of an experienced personal injury attorney. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned motorcycle accident lawyer in Indianapolis, Indiana. We represent victims all throughout the state, plus Indiana residents injured in other states.

10 Crucial Tips for Dealing with a Motorcycle Accident Claim Process

Posted on June 13, 2023 by admin

If you’ve been in a motorcycle accident, the claims process can be overwhelming and confusing. From understanding your rights as the victim to filing paperwork with insurance companies, there are many steps involved in seeking compensation for damages caused by someone else’s negligence. To help make this process easier, here are 10 essential tips for dealing with a motorcycle accident claim process.

You need to find an experienced motorcycle accident lawyer and these tips will give you the information and resources necessary to get started on your journey towards justice.

Call 317-881-2700 to Speak With a Motorcycle Accident Attorney in Indianapolis IN

How to Manage Your Motorcycle Accident Claim to Your Advantage

1. Seek medical attention immediately after the accident: Even if you only feel a little pain or discomfort initially, it is important to seek medical advice from a professional medical care provider as soon as possible. This will create a legal written record of your injuries and the treatments received that can be used in your claim.

2. Document the scene of the accident: Take pictures or video of the scene, collect contact information from witnesses, and make notes about what happened if you can. All this information could prove useful for establishing fault in the claim process later on in the legal process.

3. Contact an experienced motorcycle accident lawyer: A personal injury attorney who specializes in motor vehicle accident claims caused by another person’s negligence can help guide you through every step of the process. A motorcycle injury lawyer can also make sure your rights are protected and help you understand any waivers or releases of liability that may be required.

4. Gather evidence: This includes medical records, employment documents to prove lost wages due to missed work, police reports, and any other documentation that can support your claim. You attorney will help with this process.

5. File a claim with the at-fault parties’ insurance company: It is important to file this as soon as possible after the accident in order to avoid delays in receiving compensation for your damages. Your attorney should do this for you.

6. Don’t accept the insurance company’s first offer: Many times, insurance companies will try to settle an injury claim quickly and for much less than what you are entitled to. Talk to an attorney if the insurance company makes a quick offer before you can obtain an attorney. Make sure to work with your lawyer and negotiate a fair settlement amount.

7. Don’t give recorded statements: Insurance companies often request a statement from the injured party, but it is best not to provide one until you have consulted with an experienced attorney who can advise you on how to proceed.

8. Keep detailed records of all expenses related to the accident: This includes medical expenses, hospital bills, lost wages, property damage costs, as well as any other associated costs resulting from the accident.

9. Stay in contact with your motorcycle accident lawyer: Your personal injury lawyer should keep you informed about the progress of your case at all times and explain any potential risks involved before taking action. Be sure to cooperate with them and remain available to communicate about the case, as needed.

10. Be patient: The motorcycle accident claim process can take some time, but it is important to remain patient and to not give up hope that you will receive a fair settlement for your damages. Working with an experienced motor vehicle injury lawyer can help ensure that you get the outcome you deserve.

Get Started With Your Motorcycle Injury Claim With Confidence

These 10 essential tips will help guide you through the motorcycle accident claims process and provide the information and resources necessary for seeking compensation for your damages caused by someone else’s negligence. With the right knowledge and support, it is possible to successfully navigate this challenging situation and get justice in the end.

It is important to understand what to expect when filing and pursuing a motor vehicle accident claim due to the intrinsic complexities involved. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced motorcycle injury attorney in Indianapolis, Indiana. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

Facts About Confirming Fault in a Motorcycle Accident

Posted on May 27, 2022 by admin

When it comes to determining who is at-fault for your motorcycle accident, the first factor that matters is the state in which the accident took place. There are both “at-fault” and “no-fault” states, so depending on which state your accident was in will influence who is held accountable for the losses and damages incurred because of the accident. Some states hold no one accountable, some states put the responsibility on one person or the other, and some states use a formula that considers how much each individual contributed to the accident.

If you are a recent victim of a motorcycle accident that caused you serious injury, it is in your best interest to consult with an experienced personal injury lawyer for help understanding your state’s laws surrounding tort law, liability, and more. In the meantime, continue reading to learn some additional information about motorcycle accident claims and liability.

Motorcycle Accident Lawyers Indianapolis Indiana 317-881-2700

Motorcycle Accidents in No-Fault States

If you were involved in motorcycle accident in no-fault state, such as Florida, Michigan, New Jersey, New York, or Pennsylvania, it is likely that your damages and losses will be compensated for by your own insurance company. If the compensation is not enough, you can file a claim to recover more. For this reason, it is important to obtain sufficient insurance if you live in such a state. Your policy should cover injuries, medical expenses, and bike damage.

Motorcycle Accidents in At-Fault States

The process is different in at-fault states because motorcycle victims file accident claims with the at-fault person’s insurance company, rather than their own. Although, if the at-fault person does not have enough insurance coverage, you can make an underinsured claim through your own motorcycle insurance carrier. The degree of fault is taken into consideration when deciding how much compensation will be awarded to the victim. This is called comparative fault. Indiana is an “at-fault” state where the injured person can recover for their damages so long as they are not more than 50% at-fault. For example, if the jury says the defendant is 60% at fault and the plaintiff is 40% at fault, the plaintiff wins but their total verdict is reduced by their own percentage of fault which was 40%.

What You Should Do as a Motorbike Accident Victim in Indiana

Speak with an experienced motorcycle accident attorney in Indianapolis to decide the best strategy for filing a personal injury claim in the state your accident took place. If you are a resident of Indiana and you are injured in another state, contact our law office and we will work with another attorney in the state you were injured in to help you receive full and fair compensation. You will not pay higher attorney fees for having attorneys in two different states. Even if the accident was not recent, you may still be able to file a claim against an at-fault party if the statutes of limitations has not yet run out.

Are you looking for skilled personal injury attorney to represent your recent bike accident case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned motorcycle accident attorney in Indianapolis, Indiana who can recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

May is Motorcycle Safety Awareness Month

Posted on May 10, 2016 by admin

Motorcycle Accident Lawyer 317-881-2700

As a result of warmer weather and sunnier days, the months between May and September are generally prime motorcycle season. Although Mothers’ Day and Memorial Day are important holidays this month, May is also the official month for Motorcycle Safety Awareness. This month, both drivers and motorcyclists will celebrate the importance of safely sharing the road by spreading the message of awareness together, and practicing safer driving habits.

Continue reading to learn more about National Motorcycle Safety Awareness
Month, and tips for safe driving and riding.

Motorcycles and Car Accidents

Thousands of Hoosiers all across the state own and ride motorcycles. From Harley’s and Cruisers, to Kawasaki’s, Mopeds, and more, there is an endless array of motorbikes you can come across on the road while driving. It is important to remember that all motorcyclists share the same privileges and rights as drivers do, which is one of the primary messages of Motorcycle Safety Awareness Month. For this reason, it is important to treat motorbikes and scooters as any other vehicle on the road, and to always stay alert wen sharing the road. This will be keep both cyclists and yourself safe.

In terms of motorcycle statistics, the Insurance Institute for Highway Safety (IIHS) has reported that motorcycle accidents and subsequent fatalities are over 25 times the amount of car accident victims. And most often, drivers of standard vehicles are the cause of motorbike accidents and deaths. This is why the month of May is an important time to spread the message of motorcycle safety.

Safe Driving Tips

Motorcycle Accident Lawyer 317-881-2700

According to the National Highway Traffic Safety Administration (NHTSA), most motorcycle/car accidents occur on the highway or interstate. For this reason, it is wise to steer clear of highway or freeway cruising during rush-hour times, especially if you are new to motorcycle riding.

If you are a new motorcycle owner and rider, it is wise to take advantage of motorcycle training and safety courses. These are generally low-cost or even free, and offered all year long in conjunction with your state’s highway safety patrol and DMV programs.

Consider investing in motorcycle upgrades for safer cruising. If you own an older bike, tune-ups and part replacements will make your bike safer to ride. Upgrades include airbags, advanced braking systems, tires, and other safety features and preventative maintenance.

No matter how experienced you are, and how close your destination may be, it is vital to always wear a helmet. In fact, it is the law, and for good reason. A helmet can mean the difference between life and death in the case of an accident. Even the smallest impact can cause irreversible brain damages and head injuries if you are not wearing a motorcycle helmet. Be sure to invest in a good-quality, motorcycle regulation helmet that fits just right.

Motorcycle Accidents and Injuries

If you are injured by another driver while on your motorcycle, it is important to contact a personal injury lawyer that specializes in motorcycle accidents and injuries. They retain the proper knowledge and resources to explain your rights as an injured victim, and recover full and fair compensation for your damages and subsequent losses.

The Law Office of Craven, Hoover, and Blazek P.C.

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced motorcycle accident lawyer in Indianapolis, Indiana. Attorneys Dan Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in personal injury law. They can protect your rights as an injured victim of a motorcycle accident, and recover the compensation you deserve for medical expenses, hospital bills, lost wages, pain, suffering, and more. Call 317-881-2700 to learn about motorcycle accident injury claims in Indianapolis, IN today.

Craven, Hoover, & Blazek P.C.

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