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Frequently Asked Questions About Motorcycle Accidents

Answers you can trust from experienced Indianapolis motorcycle accident attorneys

Below are some essential questions you may have if you have been involved in a motorcycle accident in Indiana.

Why do Motorcycle Accidents Occur?

Motorcycle accidents occur for several reasons. Some of the most common reasons for motorcycle accidents include speeding, distracted driving, improper lane changes, reckless driving, simple driver error, failure to yield the right of way, driving under the influence, poor road conditions, and weather-related factors. Some injuries occur do to the lack of proper safety gear, like helmets, which can also increase the risk of accidents. Inexperienced riders and those not following traffic rules and regulations also contribute to motorcycle accidents. All motorcyclists need to practice safe driving habits, take necessary precautions and being aware of the surroundings in order to prevent accidents and ensure their safety on the road.

How to Win a Motorcycle Accident Case In Indiana?

To win a motorcycle accident case in Indiana, you must prove that the other driver was negligent. So how do you do that? You must gather evidence that the other driver was in fact negligent.

What Evidence is Crucial to Proving Negligence?

"What evidence is crucial to proving negligence?" is a question that pertains to the legal concept of negligence, which is the failure to exercise reasonable care that causes harm or injury to another person. To prove negligence, a plaintiff must present evidence that shows that the defendant had a duty of care, breached that duty, and that the breach caused the plaintiff's injury. Some examples of evidence that could be crucial in proving negligence include witness testimony, expert opinions, medical records, security or video footage, and other important documents. The facts of each case control the specific types of evidence required to prove negligence.

What Typical Injuries That Occur in a Motorcycle Accident?

Motorcycle accidents commonly lead to very serious injuries to the rider and the passenger. The types of injuries that occur in a motorcycle accident vary depending on the circumstances of the wreck, the speed of the vehicle(s), and the use of protective gear by the riders. Some common injuries include head injuries, spinal cord injuries, traumatic brain injuries, broken bones, road rash, burns, internal organ damage, and loss of limbs. These injuries can affect the victim for the rest of their life, requiring extensive medical treatment and rehabilitation. Therefore, it is essential to take all necessary precautions to prevent motorcycle accidents and ensure the safety of riders and passengers.

I was in a Motorcycle Accident. What Should I Do First?

Ensure your safety and call emergency services.  Document the scene (photos, videos) and exchange information with the other driver(s) involved if possible. Seek medical attention immediately, even if you feel okay.

Should I Contact the Police After my Indianapolis Motorcycle Accident?

Yes, you should always contact the police after a motorcycle accident, no matter how minor the accident may seem. Indiana law requires drivers involved in a motorcycle accident to report the incident to the sheriff's or police department immediately if the accident results in any of the following:

  • Injury: This applies to any injury sustained by yourself, passengers in your vehicle, or anyone else involved in the accident.
  • Death: If anyone involved in the accident is unfortunately killed, you must report it immediately.
  • Property Damage Exceeding $1,000: This includes damage to your motorcycle, the other vehicles involved, or any property damaged as a result of the accident (fences, mailboxes, etc.).

Additionally, even if the accident doesn't meet any of the above conditions, you are still required to report it if:

  • The wreck involves an unattended vehicle or property and the owner cannot be located.

Should I Seek Medical Attention After my Motorcycle Accident?

You should seek the attention of a medical professinal after a motorcycle accident, even if you feel fine. It may not be immediatly appearent but injuries, such as a concussion, traumatic brain injury or internal bleeding may have occured. Seeking medical attention can ensure you get the treatment you need and help you avoid complications.

Should I Talk to the Driver Who Caused my Indianapolis Motorcycle Accident?

Talking to the driver who caused your motorcycle accident is generally not a good idea. Anything you say to the driver could be used against you in court. If you have made a statement against your own interest the insurance company will make the process much more difficult. Instead, retain counsel and let your attorney handle it all.

Should I Call my Insurance Company After my Motorcycle Accident?

Yes, you should call your insurance company after a motorcycle accident. After that, call an attorney to help you get the funds you will need to recoup any time off work, surgical and medical expenses, and property damages.

Should I Talk to the Other Driver's Insurance Company After my Indianapolis Motorcycle Accident?

No, you should not talk to the other driver's insurance company without consulting with your attorney first. The other driver's insurance company is not in the business of giving you fair compensation. Likely they will pressure you into accepting a low settlement offer.

The Other Driver's Insurance is Offering Me a Check to Settle my Motorcycle Accident, Should I Take it?

It depends on the offer and the circumstances of your case. Your motorcycle accident lawyer will review the settlement offer and help you decide whether it is enough compensation to be fair and reasonable.

How Much is My Motorcycle Accident Worth?

Like most accidents claims, the amount of money you receive due to a motorcylce accident is determined by the severity of your injuries, the cost to repair or replace your bike, car or other damaged property, and the amount of your lost wages. Your accident lawyer will determine the number that he/she believes is fair and will negotiate a with the insurance company.

How Do Motorcycle Accident Claims Differ From Other Vehicle Accident Claims?

Motorcycle accident claims are usually more complicated than other vehicle accident claims because motorcycles are smaller and less visible than cars and trucks. This can make it harder to prove fault and establish liability.

What Can I Be Reimbursed for After My Motorcycle Accident?

You may be reimbursed for damages after a motorcycle accident, including medical expenses, lost wages, property damage, and pain and suffering.

Can I File a Lawsuit for My Motorcycle Accident?

Yes, you can file a lawsuit for your motorcycle accident if you believe that another party was at fault.

How Long Do I Have to Take Legal Action After my Indiana Motorcycle Accident?

The statute of limitations for a motorcycle lawsuit for an injury claim in Indiana is two years from the date of the accident. It is important to act quickly to ensure you do not miss this deadline.

Why Are Some Motorcycle Accident Cases so Complicated?

Motorcycle accident cases can be complicated because of the unique issues involved, such as proving fault and establishing liability. Additionally, insurance companies are usually more reluctant to pay out on motorcycle accident claims, making negotiations more difficult.

How is Fault Determined in a Motorcycle Accident?

The police, insurance companies and lawyers will review police reports, photos, videos, witness statements, and physical evidence to figure out who was the at-fault driver.

Can I Still Receive Compensation if I Am Partially at Fault for My Motorcycle Accident?

Yes, you may still be able to receive compensation for your motorcycle accident even if you were partially at fault. Indiana follows a comparative fault system, meaning any payout would be reduced based on your portion of causing the accident.

What if I Lost a Loved One in a Fatal Motorcycle Accident?

If your loved one died in a fatal motorcycle accident under Indiana law, you may be able to file an action for wrongful death to recover for your loss.

How Can an Indianapolis Motorcycle Accident Lawyer Help Me?

An experienced motorcycle accident lawyer in Indianapolis will help you through the legal system, deal with insurance company, and fight for the a fair recovery. Your accident lawyer will also provide guidance and support and help you make informed decisions while protecting your rights.

Should I Speak to the Other Driver's Insurance Company?

It's best to avoid discussing fault or accident details with anyone besides the police and your lawyer.

What are the Most Common Causes of Motorcycle Accidents?

Many involve other drivers failing to see motorcyclists, distracted driving, unsafe lane changes, and left-turn accidents.

I Wore a Helmet, but the Other Driver says I'm Partially at Fault. Can I Still Recover Compensation?

Motorcycle helmet laws vary by state, but wearing a helmet strengthens your case. Discuss the specifics with your lawyer.

The accident wasn't the other driver's fault. Can I still get compensation?

You may be able to file a claim under your insurance policy or against a third party responsible for poor road conditions, for example.

What Types of Damages Can I Recover in a Motorcycle Accident Claim?

You may be eligible for to recover for your lost wages, medical bills, pain and suffering, property damage, and future medical care.

How Much is My Motorcycle Accident Case Worth?

The value depends on the severity of your injuries, lost wages, medical bills, and other factors. A lawyer can estimate your case value.

How Long Will it Take to Resolve my Motorcycle Accident Claim?

The timeframe depends on the complexity of the case, the severity of the injuries, and the insurance company's cooperation.

What Should I Look for When Choosing a Motorcycle Accident Lawyer?

Experience in motorcycle accident cases, a strong track record, and a positive reputation are all essential factors.

How Much Does a Motorcycle Accident Lawyer Cost?

Most motorcycle injury lawyers work on contingency fees, meaning they only get paid if they win your case.

What Happens During a Free Consultation with a Motorcycle Accident Lawyer?

The lawyer will discuss your case details, answer any questions, and advise you on your legal options.

What Should I Bring to my Initial Consultation with a Lawyer?

Please include you medical records, insurance information for yourself and the other driver, police report, photos of the accident scene, and any other relevant documents.

Contact Our Motorcycle Accident Attorneys in Indianapolis, Indiana | (317) 969-8000

The motorcycle accident injury lawyers at Emerson Divorce and Accident Injury Attorneys, L.L.C. are here to help. If you would like to speak with one of us about your accident, please contact our office for us to assist you.

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