Indianapolis Motorcycle Accident Attorneys Standing Up for Injured Motorcyclists
As a motorcycle rider in Indiana, you know that motor vehicle operators sometimes don’t pay attention to bikes on the road. Should a reckless or inattentive driver hit you, you are within your legal rights to seek an accident claim through an injury lawsuit. The Indianapolis motorcycle accident attorneys at Tabor Law Firm have the experience you can trust to help you attempt to maximize your injury settlement.
Certain studies have revealed that motorcyclists are up to 26 times more likely to lose their lives in an accident than individuals in a passenger car. Due to their relative lack of protection, motorcyclists are, unfortunately, much more susceptible to catastrophic injury and death when they collide with other vehicles or objects.
The greater risk motorcyclists face, however, doesn’t mean that motorcycles have no place on Indiana roads. Motorcyclists have the same legal right to use the roads as other traffic. Everyone on Indiana roads has a duty to use care to watch for others on the roads and avoid crashes - whether the others on the road are in a car, riding a bicycle, or on a motorcycle. When drivers in Indiana fail to take this care, a motorcyclist may pay the price.
If you were injured or your loved one lost their life in a motorcycle accident in Indiana, contact Tabor Law Firm as soon as possible. The thrill of the open road doesn't apply when you're trying to navigate the insurance process. Get the direction you need today, starting with a free consultation. Call (317) 236-9000 to discuss your case. with one of our motorcycle accident attorneys in Indianapolis during a no-cost, no-obligation consultation.
Call (317) 236-9000 to discuss your case. with one of our motorcycle accident attorneys in Indianapolis during a no-cost, no-obligation consultation.
Damages We Seek After a Marion County Motorcycle Accident
The Indiana University Public Policy Institute shows that injury crashes and fatal crashes involving motorcyclists have been on the rise in the state in recent years. If you were the victim in one of these severe accidents, our Indianapolis motorcycle accident attorneys could seek damages for you in a few different areas, including:
- Current and future medical bills
- Current and future lost wages
- Pain and suffering
- Emotional harm such as PTSD, depression, etc.
Our insurance negotiation process includes trying to maximize your award in each of these areas. We use the facts we find in our investigation of the crash to try to show the insurance company why we are requesting such damages.
Motorcycle Injury Statistics in Indiana
Motorcyclist deaths continue to make up a significant percentage of traffic-related fatalities in Indiana each year. In 2020, researchers at the Indiana University Public Policy Institute found that:
- In the past decade, over 100 motorcyclists died on Indiana roads each year. The only exception was in 2016, in which 98 motorcyclists lost their lives. In 2012, however, 151 motorcyclists were killed.
- 73 percent of motorcycle crash deaths occur in multi-vehicle crashes. In other words, nearly 3 of every 4 motorcyclists who die on Indiana roads do so in a crash with at least one other vehicle.
- Only 27 percent of motorcyclists who died in crashes were wearing a helmet.
- Younger motorcyclists are likelier to wear helmets: 57 percent of motorcyclists under age 21 who died in a crash were helmeted. By comparison, only 25 percent of deceased motorcyclists ages 35 to 44 were wearing helmets.
Injury rates in motorcycle crashes were much higher than fatality rates. For instance, while 112 motorcyclists lost their lives in roadway crashes in 2019, 1,818 motorcyclists suffered non-fatal injuries.
The Indiana University Public Policy Institute statistics also demonstrate that it’s not always safer to be a passenger on a motorcycle than it is to be the driver. Both passengers and drivers can suffer severe injuries or death in a motorcycle crash.
Indiana University’s analysis also revealed that drivers of other vehicles are more likely to be at fault for a motorcycle crash than the driver of the motorcycle. Overall, research showed that the motorcyclist was found to be at fault in 40.8 percent of crashes, while the driver of another vehicle was found to be at fault in 57.8 percent of crashes.
Drivers of other vehicles are also more likely to make certain mistakes around motorcycles. For example:
- In 80.9 percent of crashes involving a failure to yield the right of way, the party at fault was driving another vehicle, not the motorcycle.
- In 80.8 percent of crashes involving unsafe backing up, the at-fault party was driving another vehicle that backed into the motorcycle.
Environmental factors like precipitation, nighttime driving, and glare were also more likely to affect at-fault drivers who were operating vehicles other than the motorcycle in the crash. Environmental factors add an extra responsibility for drivers to respond to them responsibly, such as by using their headlights, reducing speed, and watching more closely for others on the road, including motorcyclists.
How We Handle Complex Motorcycle Accident Claims
Our attorneys can provide you with the representation you want and need to help you through the often complicated claims process. We know that too often, there is a prejudice against motorcyclists, and we will do everything we can to negate that prejudice.
This process often includes an in-depth look at the following:
What are all the facts of the accident? We start by independently investigating the facts of your accident so we can make the best case. We work with knowledgeable experts from across the country to build the strongest case possible.
What are your current and future financial implications? Beyond your current medical bills, our attorneys can help you estimate what you will need in the future to achieve the highest possible quality of life. If there is a loss of life, we will calculate the loss of income throughout a work-life expectancy to determine all of the losses.
Is there adequate liability insurance coverage to compensate you? We will look at every potential source of insurance coverage to help ensure that you are fully compensated.
A motorcycle has the same rights as a passenger vehicle. However, these kinds of cases often come with a variety of challenges that are unique to motorcyclists, like inaccurate witnesses regarding speed, jury biases, and complicated injuries.
What to Expect During Your Indianapolis Motorcycle Accident Claim
Indiana laws and court rules govern the procedures used in motorcycle accident cases. Understanding how these claims proceed can help you ask the right questions of your Indianapolis motorcycle accident lawyer.
Time Limits on Indiana Motorcycle Crash Claims
In Indiana, a personal injury claim must be filed within two years of the date of the accident. If the claim is not filed within two years, it cannot be heard in court.
The way courts calculate this two-year period, however, isn’t always as simple as looking at a calendar. Certain factors can affect how the two-year period runs in some cases. For this reason, it’s important to talk to an experienced attorney as soon as possible after your crash. The sooner you begin pursuing your claim, the easier it will be to preserve your right to go to trial if needed.
Compensation in Indiana Motorcycle Accident Claims
A motorcycle injury claim is intended to compensate you for losses you wouldn’t have experienced if the crash hadn’t occurred. These losses typically fall into two categories, “economic” and “non-economic” damages.
Economic damages focus on losses you can demonstrate with paperwork showing you paid or lost a specific amount of money. Many people injured in Indiana motorcycle crashes can show they have economic damages like:
- Medical bills, including prescription drug costs, medical equipment, and rehabilitation and therapy costs.
- Lost wages from work you couldn’t do while you were healing or work your injuries will prevent you from ever doing again.
- Repair or replacement costs for the damaged motorcycle, your safety gear, or other possessions.
Other types of economic losses may also be covered by a motorcycle accident claim if they are related to the crash. An attorney can help you determine which of your losses can be compensated in your claim.
Non-economic damages compensate you for losses that are real but aren’t easy to demonstrate with a bill, receipt, or pay stub. For instance, an injured Indiana motorcyclist might have non-economic damages like:
- Pain and suffering, including mental anguish or post-traumatic stress,
- Loss of enjoyment of activities you can no longer do because of your injuries, or
- The pain and embarrassment of scarring or disfigurement after the crash.
Every motorcycle accident case involves slightly different losses. It’s important to speak to an attorney to learn exactly how Indiana’s compensation rules apply to your claim.
Do I Need a Lawyer to Bring My Motorcycle Accident Claim?
Indiana does not require an injured motorcyclist to hire an attorney to file their injury claim. Most injured motorcyclists choose to work with a lawyer, however. There are several benefits to working with an experienced attorney.
- Your lawyer knows the law and the court rules. Many Hoosiers have little or no experience with the court system, and they have never needed to learn the law. Attorneys specialize in knowing both the law and the court rules. Your lawyer can take on the work of your claim while you focus on recovering from your injuries.
- An experienced attorney may cost you little or nothing out of pocket. Many Indiana injury lawyers work “on contingency.” This means that if the lawyer cannot get a recovery for you, you won’t pay attorney fees. Our attorneys will allow you to read the fee agreement carefully before you sign it so there are no surprises.
After a crash, you’re dealing with injuries, mental and emotional turmoil, and more. Don’t add the work of pursuing your injury claim to everything you have to do. Talk to an experienced Indianapolis motorcycle accident lawyer today.
How Tabor Law Firm Can Help You
When seeking a financial award from the at-fault driver’s insurance company, you can’t simply assume the insurer will give you an amount reflecting your injury level. Insurers have an incentive to reduce your payout. The less money insurance companies pay victims, the larger profit margins they enjoy.
When you have our personal injury attorneys on your side, we launch our own investigation. We then estimate the value of your claim based on our experience with similar cases.
If you are representing yourself, you may struggle to understand the value of your claim because of your lack of experience. We use our firsthand knowledge of evaluating accident claims to seek a fair financial award.
Schedule Your Free Consultation Today
When you hire the team at Tabor Law Firm to help you seek a settlement after a motorcycle accident that wasn’t your fault, we start working for you immediately. Our Indianapolis motorcycle injury attorneys work tirelessly for an outcome that reflects the severity of injury hardships our clients are facing.
Call us today at (317) 236-9000 or contact us online for your free case review.
Motorcycle Accident FAQ
Here are some common questions our clients ask when seeking our legal representation.
What If the Driver Who Hit My Motorcycle Doesn’t Have Insurance?
If the driver who hit your motorcycle doesn’t have insurance to pay an injury settlement, our Indianapolis motorcycle accident attorneys can seek payment from another source. Your insurance policy’s uninsured motorist liability coverage is one potential source of a financial award.
How Long Will It Take To Settle My Motorcycle Injury Accident Claim?
The specific facts in your case determine how long it takes to settle your motorcycle injury accident claim. Cases typically take anywhere from a few months to a few years to settle, depending on the complexity involved.
What If I Am Partially at Fault for the Motorcycle Accident?
If you are partially at fault for the accident, know that Indiana follows a contributory negligence system, which means your award will be reduced by your level of fault (as long as you are less than 51% responsible). However, if the insurance claims you are at fault when you are not, your attorney will investigate and seek facts that show you bear no responsibility for the crash.
Should I Answer the Insurance Company’s Questions?
When you hire our Indianapolis motorcycle accident attorneys, you do not have to answer the insurance company’s questions unless we are present. We take over all your interactions with the insurer.
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