In Carmel, Indiana, the open roads can beckon motorcycle riders to explore. As you soak in the exhilaration of a ride, the last thing you expect is to experience a motorcycle accident. In an instant, your life could be forever altered by the impact of your crash.A motorcycle accident can leave you physically, emotionally, and financially hurting.
You shouldn’t have to deal with insurance companies on your own — you deserve to focus on your recovery. At Yosha Law, our compassionate, empathetic legal team will fight for your rights. You need a Carmel motorcycle accident lawyer to guide you through the legal process and help you fight for the justice you deserve.
Here’s what you need to know about Carmel motorcycle accidents
Even a minor motorcycle accident can result in significant injury. You may be owed compensation for the trauma you’ve endured, regardless of the severity of your collision.
By understanding how a motorcycle accident lawyer can help guide you through the claims process and recognizing the impact an accident can have, you’ll be better equipped to take the next step toward justice.
- How a Carmel motorcycle accident lawyer can help
- What should you do after a Carmel motorcycle accident?
- Potential damages after your Carmel motorcycle accident
- Carmel motorcycle accident claim FAQs
- Indiana personal injury and motorcycle laws to know
- Contact a Motorcycle Accident Attorney in Carmel
How a Carmel motorcycle accident lawyer can help
The insurance claims process and steps in a personal injury lawsuit can prove difficult to navigate on your own. A Carmel motorcycle accident lawyer can be a vital asset as you seek the justice you’re owed.
If you file an insurance claim before you contact an attorney, you may receive a quick settlement offer and receive a lump sum payment. Nevertheless, insurance companies may be reluctant to cover any future expenses related to your collision.
Once you’ve accepted a settlement offer, you may not have legal recourse to recoup all of your losses. It’s important to explore the different categories of compensation and fight for what you’re owed.
A Carmel personal injury lawyer who specializes in motorcycle accident lawsuits can guide you through the claims process and negotiate with insurance companies and protect you from lowball settlement offers.
Yosha Law motorcycle accident lawyers
Our team of motorcycle accident attorneys have helped countless clients recoup their losses and begin the road to recovery. After your accident, we know you may feel helpless and overwhelmed, and we’re here to help.
Yosha Law can help:
- Advise you on what damages you can seek
- Explore the merits of your case
- Explain your options
- File all time-sensitive legal documents
- Fight for you in court if a settlement cannot be reached
- Gather evidence from the scene of your Carmel motorcycle accident (including photo and video documentation, eyewitness statements, and police reports)
- Hire forensic experts including crash reconstructionists, medical experts, and motorcycle experts
- Represent you in any negotiations or mediations with the insurance companies
Determine liability in your motorcycle accident case
After a motorcycle accident, liability can be nuanced. Negligence must be proven before an insurance company will accept liability. A judge or jury must see evidence of negligence as well.
You may find that there are multiple parties at fault after your accident as well. For example, if several vehicles collide with your motorcycle, each driver could be liable for your injuries, and you may find yourself contending with more than one insurer.
In order to prove negligence, our Carmel motorcycle lawyers will seek to establish:
- Duty of care. Duty of care sets the standard of attention, caution, and prudence required for all drivers. An attorney will seek to establish the duty of care mandated for the parties involved in your collision.
- Causation. A motorcycle accident lawyer will have to prove that at-fault vehicle drivers breached their duty of care and this directly led to your injuries. This is considered causation.
- Damages. The establishment duty of care and causation in your case allows a Carmel motorcycle accident lawyer to build the foundation of your case and prove the damages you incurred as a result of your crash.
What should you do after a Carmel motorcycle accident?
If you choose to file a personal injury claim after your collision, it’s vital that you follow specific steps to ensure you’ve covered all of the basics. Similarly, you should bring a personal injury checklist to your first meeting with a lawyer.
Here are the most important steps to follow after your Carmel motorcycle accident:
- Pull over:
If it’s safe to pull your motorcycle over to the road’s shoulder, do so to protect yourself and the flow of oncoming traffic.
- Exchange insurance and contact information:
Exchange your contact and insurance information with all involved parties. It’s important that you do not admit fault or apologize when you’re communicating with other drivers.
- Call law enforcement:
If your motorcycle accident is minor, you can file a police report online in the days following your collision. However, if you are involved in a significant accident, you should wait at the scene for first responders to arrive and immediately fill out a report.
- Seek medical attention:
Although you may not think your road rash needs medical attention, minor injuries can become more severe within days of your accident.
It’s vital that you receive a credible medical diagnosis, documentation, and any necessary treatment to lend to your personal injury claim.
- Contact a Carmel motorcycle accident lawyer:
Most attorneys offer free initial consultations to help you discern your next legal step. An injury lawyer can advise you on your personal injury claim.
- File an insurance claim:
Contact your insurance carrier along with the at-fault party’s insurer to begin the claims process.
- Keep a personal record of your experience:
Along with official accident documentation, your personal records can lend to your account of the trauma you’ve experienced and the costs you’ve incurred.
Potential damages after your Carmel motorcycle accident
Whether you settle your personal injury lawsuit with the insurance company or your case goes to court, the settlement or award you might receive consists of damages.
It’s important to understand how damages are categorized, and how you can classify the financial and emotional impact of your accident.
What are damages?
Damages are the compensatory measures put in place to allow you to recoup your losses. Typically, damages cover the awarded compensation in a civil trial. For example, damages can be awarded in personal injury, product liability, and medical malpractice cases.
Special damages and examples
Special damages, which are also known as economic damages are in place to help reimburse your quantifiable, set financial losses.
Examples of special damages include:
- Repair costs:
If your motorcycle needs to be repaired or replaced, all related costs are considered special damages.
- Loss of earning potential:
If you cannot perform your work duties or you’ve missed out on quantifiable, upward professional development as a result of your accident, you can claim this under special damages.
- Loss of income:
Missed work time and lost wages (including paid time off, tips, and bonuses) fall under loss of income.
- Medical expenses:
All medical appointments, hospital stays, prescriptions, procedures, surgeries, and treatments as a result of your motorcycle accident are considered special damages.
- Funeral costs:
If a loved one perished in a Carmel motorcycle accident, their funeral costs might be covered.
General damages and examples after a motorcycle accident
General damages, also known as non-economic damages, include the immeasurable suffering you’ve experienced as a result of a motorcycle accident. You can’t put a price tag on these losses, but compensation can help in your healing process.
Some examples of general damages include:
- Pain and suffering:
Pain and suffering damages cover any mental and physical anguish you’ve endured in the aftermath of your collision.
- Emotional distress:
The emotional trauma you’ve experienced deserves compensation, too. For example, if your accident has caused you to suffer from insomnia, anxiety, or depression as diagnosed by a psychological professional, you might claim emotional distress damages.
- Permanent disability:
A permanent injury can hinder every aspect of your life. General damages cover the significant cost of permanent disabilities.
- Loss of consortium:
If your quality of life with your romantic partner has changed because of the accident, you could seek general damages.
- Loss of enjoyment in life:
If you lose the enjoyment you used to derive from the same activities that brought you joy before your accident, you might be entitled to compensation.
- Wrongful death:
Tragically, some motorcycle accidents could result in death. If you’ve lost a loved one in an accident, you may be entitled to wrongful death damages.
Carmel motorcycle accident claim FAQs
Throughout the years, our motorcycle accident lawyers have received many questions about motorcycle accidents in Indiana, along with the most common causes of and injuries seen after a Carmel motorcycle accident. Here are some of the most frequent questions we receive.
How many motorcycle accidents happen in Indiana?
According to the Indiana Bureau of Motor Vehicles (BMV) and the Indiana Criminal Justice Institute (ICJI), motorcycle accidents and fatalities in Indiana increased in 2020. The ICJI estimates motorcycles were involved in only 2% of all vehicle crashes, but accounted for 15% of traffic deaths. In Indiana, motorcycle collisions increased by 8% from 2,568 in 2019 to 2,778 in 2020.
In 2019, 2,730 traffic accidents occurred in Carmel–higher than any other town in Hamilton County, Indiana.
According to the Indiana Traffic Safety Facts report, in 2019, Carmel had 2,730 traffic collisions, the highest number of road accidents in the entire county.
What are the most common causes of Carmel motorcycle accidents?
Here are some of the most common causes of motorcycle accidents in Carmel:
- Distracted driving
- Driving under the influence
- Failure to yield
- Following too closely
- Illegal lane shifts
- Speeding
What are the most common injuries in motorcycle accidents?
When you ride a motorcycle, your body isn’t protected from the impact of an accident. Thus, our motorcycle accident lawyers have seen injuries that range from minor to catastrophic. Some of the most common injuries we see include:
- Bone fractures
- Eye injuries
- Facial injuries
- Hematomas
- Leg injuries
- Paralysis
- Skull fractures
- Spinal cord injuries
- Sprains
- Traumatic brain injuries (TBIs)
Indiana personal injury and motorcycle laws to know
The following laws and regulations may impact your journey after your Carmel accident.
Indiana statute of limitations
Indiana state law IC § 34-11-2-4 allows for two years from the date of your accident to file a personal injury claim. A Carmel motorcycle accident lawyer can help ensure that you meet this deadline.
Motorcycle helmet laws in Indiana
In Indiana, motorcycle riders under the age of 18 in Indiana are required to wear eye protection and a helmet. Although adults aren’t required to wear safety gear, certified eye protection and helmets can help protect these riders, too.
Indiana comparative fault laws
Also known as comparative negligence, comparative fault impacts 13 states, including Indiana. A Carmel motorcycle accident lawyer can explain comparative negligence to you, and help you to understand how it may impact your case.
If you’re over 50% at fault for your collision, you no longer hold a legal avenue to compensation. However, if your comparative fault stands at lower than 50%, but over 0%, your compensation may decrease to reflect your percentage of fault, but you can still pursue a personal injury claim.
If you aren’t responsible for your Carmel accident, you will still receive the full amount of any settlement or court award you’ve won.
Contact a Motorcycle Accident Attorney in Carmel
In the immediate aftermath of your motorcycle accident, you may not be able to handle your mounting burdens alone. Nonetheless, a Carmel motorcycle accident lawyer can advocate for justice in your case and allow you to focus on your recovery.
If you’ve experienced damage as the result of another driver, your loved ones have suffered, or you’ve experienced irreparable property damage, compensation won’t make up for your loss, but it may ease your pain.
If you decide to pursue compensation, you need a dedicated motorcycle accident lawyer in your corner. You shouldn’t have to contend with reluctant insurance companies on your own. By placing your case in expert hands, you may find it easier to move forward in the accident’s aftermath.
At Yosha Law, we care deeply about your experiences and after your Carmel motorcycle accident, we want to help you find justice. You don’t ha
