In Evansville, Indiana, the open roads beckon to motorcyclists seeking the thrill of adventure. However, even the most seasoned riders can find themselves facing unexpected twists and turns — especially when accidents occur.
In an instant, a motorcycle accident can change your life forever. Motorcycles don’t provide the same protection that other vehicles offer, which can turn even a minor accident into a major traumatic event.
After a collision, you may find yourself dealing with astronomical and unexpected financial costs and a long road to full recovery. You deserve just compensation for your pain and suffering, but where can you turn? An Evansville motorcycle accident lawyer can help.
Don’t let the aftermath of an accident dictate your future. The motorcycle accident lawyers of Yosha Law can help you navigate your legal path ahead and fight for your justice.
What you need to know about Indiana motorcycle accidents
Motorcycle accidents can occur at any time. Although you may take extreme precautions when riding, you cannot control the unsafe driving of other vehicle operators. Motorcycle collisions in Indiana that resulted in fatalities increased by almost 25% in 2020.
Many severe injuries and fatalities occurred when motorcyclists were not wearing helmets, and were involved in multi-vehicle collisions. Accidents can occur on the most rural, open roads in Indiana, and it’s important to protect yourself as much as possible.
However, if you suffer trauma in an Evansville motorcycle accident, a lawyer may be able to help you fight for the compensation you justly deserve and determine the merits of your legal claim.
- Why you need a motorcycle accident lawyer in Evansville
- How Yosha Law can help
- Indiana motorcycle accident laws you need to know
- Damages after an Evansville motorcycle accident
- Contact Yosha Law
Why you need a motorcycle accident lawyer in Evansville
You can choose to file a personal injury claim with the insurance company, or file a lawsuit in hopes that you can recoup all that you’ve lost. However, without thorough knowledge of the way insurance companies deal with claims, or an understanding of the legal process, your claim could be denied, or you could be offered far less compensation than you’re owed.
An Evansville motorcycle accident lawyer can help you know what to expect from insurance companies that are reluctant to pay out large settlements, and can support you in the legal process and determine the damages you are owed.
It may be tempting to agree to a quick settlement in order to pay your present bills. However, it’s vital to remember, if you agree to an initial settlement offer from the insurance company, you may not have legal recourse to additional compensation.
You need to be able to concentrate on your recovery — you shouldn’t have to worry about calculating the past, present, and future costs you’ve incurred as a result of your motorcycle accident.
A lawyer can take care of your paperwork and help to strengthen your legal personal injury claim.
How Yosha Law can help
The dedicated Evansville motorcycle accident lawyers of Yosha Law can stand beside you and support you as you navigate the intricacies of your legal path. Our greatest priority is to fight for the justice and compensation you deserve.
At Yosha Law, we understand the emotional, financial, and physical impact a motorcycle accident can have on your life. Medical bills, lost wages, and the pain and suffering that results from your trauma can feel overwhelming.
If you choose to move forward with a personal injury lawsuit, or if you seek a just settlement from an insurance company, you may find yourself overwhelmed without the support of a lawyer.
You may need help from motorcycle accident attorneys who understand the nuances of liability and the Indiana laws surrounding motorcycle accidents. Our lawyers will partner with you and dedicate themselves to your legal case.
If you choose to retain an Evansville motorcycle accident lawyer at Yosha Law, you can expect the following:
- Honest consultation and exploration of the merits of your case
- Collection of forensic evidence from the scene of your accident, including photo and video documentation, police reports, and debris from your collision
- Thorough investigation of your accident: We may retain forensic experts and private investigators to review your case
- Management of all case-related paperwork: Your legal claim may involve time-sensitive court-filings and handling documents important to your case. Our attorneys will manage this for you
- Open and consistent communication: We will discuss any updates in your case with you, and consult with you on how you’d like to proceed
- Representation in meetings and negotiations: Our motorcycle lawyers will represent you in any negotiations with insurance companies or opposing counsel
- Dedicated and passionate representation in court: 95% of all personal injury cases are settled before they reach a trial. However, if you cannot reach a settlement, we will fight for you in court
Indiana motorcycle accident laws you need to know
The laws in Indiana on motorcycles and personal injury claims could help your Evansville lawyer determine the strength of your legal case. It’s important to understand these laws in order to inform your decisions moving forward.
Comparative fault
Indiana is one of a dozen states with comparative fault (also known as comparative negligence) laws pertaining to liability cases. Essentially, comparative fault laws can determine the merits of your case and the amount of compensation you may be owed after your motorcycle accident in Evansville.
If you’re found at least 50% liable for your motorcycle collision, you may not have any legal claims to damages in your case. If you hold over 0% fault, but less than 50% fault for your accident, you may still have a legal claim, but your compensation claim may be reduced based on your amount of liability.
However, if you’re less than 0% liable for your crash, your compensation will not be impacted.
Helmet laws
Motorcycle helmets can offer safety and protection for riders of all ages. However, in Indiana, only minors are legally required to wear helmets and eye protection. You may opt to ride with the freedom you feel like this equipment hinders.
Nevertheless, in a motorcycle accident, a helmet could help prevent traumatic brain injuries (TBIs) and eye protection may help you to avoid significant facial injuries.
Statute of limitations
Many states have a statute of limitations in place on civil personal injury claims. This statute protects both lawsuit plaintiffs and defendants — plaintiffs can anticipate timely attention to their claims, and defendants are protected from frivolous and old claims.
Indiana state law § 34-11-2-4 gives plaintiffs exactly two years from the date of their accident to file a legal claim. Exceptions are made for plaintiffs who were mentally incapacitated or were minors at the time of their motorcycle accident.
Damages after an Evansville motorcycle accident
Damages refer to the various types of compensation you can receive after your Evansville motorcycle accident. Legally, damages should reflect the types of losses you’ve suffered as a result of your collision. Damages are broken into three different categories: Economic, non-economic, and punitive.
What are economic damages?
Economic damages (also known as special damages) provide compensation for your quantifiable costs after a motorcycle accident. This means the recorded bills you’ve sustained as a result of your injuries may be covered under economic damages.
Some examples of economic damages include:
- Lost wages:
Lost wages can include bonuses, paid-time-off, tips, and any other anticipated wages you cannot collect due to your injuries
- Medical bills:
Medical bills included under economic damages account for past, present, and future costs you experience as a result of your motorcycle accident. This means doctor’s appointments, hospital stays, prescriptions, rehabilitation costs, surgeries, tests, and treatments may be covered.
- Repair and replacement costs:
If you need to replace your motorcycle or suffer astronomical repair costs as a result of your accident, these expenses may fall under economic damages.
- Assisted living costs:
If the injuries you’ve sustained leave you in need of home care or you need to temporarily or permanently move into an assisted living facility, these costs are considered economic damages.
- Transportation costs:
You may be able to recoup the costs of necessary car rentals, public transportation, ride shares, and ride services under economic damage claims.
What are non-economic damages?
Non-economic damages (also known as general damages) differ from economic damages as they are a legal method to recoup losses that cannot be quantified. This type of compensation attempts to cover the tragic impact of your Evansville motorcycle accident.
Although many losses that fall under the umbrella of non-economic damages cannot be completely healed, a monetary amount may help to alleviate your stress as you try to journey back to a normal life.
Some examples of non-economic damages include:
- Catastrophic injury
- Emotional distress
- Loss of hearing or vision
- Loss of limb
- Loss of quality of life
- Pain and suffering
- Paralysis
- Permanent scarring
- TBIs
- Wrongful death
What are punitive damages?
It’s rare for a plaintiff to seek punitive damages in a personal injury claim, although in cases of gross negligence, an attorney may suggest that punitive damages are added to a claim.
Typically, punitive damages are handed down by a judge or jury as a punishment for the defendant in your motorcycle accident case, and hopefully, a deterrent to anyone else who may exhibit gross negligence.
For example, if a wrong-way driver who has illegal drugs and amounts of alcohol in their system causes your motorcycle accident, punitive damages may be handed down by the courts.
These damages are then tacked on to whatever compensation you’re awarded. In Indiana, 75% of punitive damages are allocated to the state’s Violent Crimes Victim Compensation Fund, and 25% are awarded to the plaintiff.
Contact Yosha Law
At Yosha Law, our clients become an extended part of our family. We care about and aunderstand the suffering you’ve experienced at the hand of another. Our Evansville motorcycle accident lawyers can support you in every step of your legal journey, and are committed to fighting for the justice you deserve.
You shouldn’t have to contend with legal obstacles as you try to heal from your trauma. We know your needs may differ from another motorcycle accident client. We’ll work hard on your behalf through the entire legal process, and will communicate openly and honestly with you along the way.
If you’ve endured the pain and suffering of a motorcycle accident in Evansville, start your search for justice today. Connect with us for a free consultation and let us help you through your legal claim.
