Even though motorcycles offer a great way to get around Fort Wayne and the surrounding areas, driving one can be risky. You may be saving money on gas, maintenance, and a car payment, but you’re also exposed to higher chances of suffering from serious injuries.
That risk doesn’t mean you should have to give up on getting justice if you were injured in a motorcycle accident, due to someone else’s carelessness or negligence. A Fort Wayne motorcycle accident attorney can help you pursue meaningful compensation from the party who is responsible for the crash.
If you suffered material losses or were hurt in a motorcycle crash, you should contact our lawyers in Fort Wayne, Indiana, for a free case review. A hardworking personal injury attorney could work to discover the truth behind the incident, build powerful cases against other drivers, and demand that those drivers and their insurance companies provide appropriate payments needed to cover your damages and losses.
Indiana motorcycle crash facts
According to the NHTSA (National Highway Traffic Safety Administration), motorcycles are involved in more highway accidents than any other type of vehicle. That’s true for Indiana, too.
Just like drivers of cars can mitigate the safety risks of driving by wearing a seatbelt and following the rules of the road, motorcyclists can protect themselves by wearing a helmet and driving with caution. Unfortunately, taking precautions doesn’t always protect you from the negligence of other drivers, bad road conditions, or manufacturing errors.
You might not know these important facts:
- Indiana’s motorcyclists have a bad reputation for not wearing helmets. We have the second-highest number of motorcycle accidents involving drivers who aren’t wearing a helmet, nationwide. In fact, 70% of motorcycle crash fatalities in Indiana involve unhelmeted drivers.
- Even though motorcycle accidents account for only 3% of all registered vehicles, they make up 14.6% of all traffic fatalities.
- In 2022 alone, there were 126 motorcycle accident fatalities in Indiana.
- Indiana is home to over 200,000 registered/licensed motorcyclists.
Even though these statistics paint a troubling picture of motorcycle safety in Indiana, we understand that every motorcycle crash is unique. The circumstances surrounding your accident are never going to be exactly the same as anyone else’s. At Yosha Law, we investigate the details of your crash to understand exactly what happened and who was at fault.
Most common types of motorcycle crashes in Fort Wayne
Motorcycle crashes, like other motor vehicle collisions, can be caused by all kinds of circumstances. That includes everything from distracted drivers and bad roads to road rage and mechanical failure. Even though the injuries that occur in bike crashes are similar no matter the cause, it is imperative to understand what happened.
A motorcycle crash lawyer in Fort Wayne can build a strong case against the responsible party (or parties) by understanding every possible cause.
Here is an overview of 9 types of motorcycle accident scenarios that happen in Fort Wayne every year.
Rear-end collisions
The most common type of motorcycle accident, a rear-end collision, occurs when a negligent driver fails to notice you in their rear-view mirror and slams into your bike from behind.
Right-of-way violations
This may be the most dangerous type of motorcycle accident. A right-of-way violation happens when your rights on the road are violated by an ill-prepared, careless motorist who doesn’t look both ways before crossing through an intersection.
Merging accidents
Similar to right-of-way violations, this kind of accident is usually caused by another driver’s negligence and poor judgment while driving. It can occur when a car takes a left turn into the motorcyclist’s path or strikes a rider from the side.
Driving under the influence
If a drunk or drugged driver causes an accident, it may be possible to recover damages for your injuries and losses through a personal injury lawsuit against them, even if their insurance company tries to deny your claim.
Hazardous road conditions
Broken pavement, poor lighting, road debris, and unmarked road hazards can cause a motorcyclist to crash. In these cases, drivers can seek compensation from the government agency responsible for maintaining public roads.
Hit-and-run accidents
These accidents are surprisingly common. Far too many negligent drivers try to escape the scene to avoid paying for damages or facing criminal charges. Fortunately, you can be compensated for your injuries. You may need to use uninsured/underinsured motorist coverage to get compensation.
Motorcyclist vs. pedestrian accidents
Motorcyclists can be responsible for accidents, too. For example, if a careless motorcyclist strikes a bystander or pedestrian, they can be held liable for their actions
Improper passing or overtaking
When cars attempt to pass your motorcycle but don’t give you adequate clearance or time to make a lane change, they can be held liable for the resulting accident. Improper overtaking or passing can be catastrophic for motorcyclists.
Get in touch with us for a free case evaluation to learn more about what to do following a motorbike collision and how our motorcycle accident attorneys in Fort Wayne, IN, could help you obtain fair compensation for your losses and injuries.
Why Work with Yosha, Cook & Tisch Motorcycle Accident Attorneys in Fort Wayne, IN?
Choosing a personal injury lawyer to represent you in a motorcycle crash is a big decision. It is important to find a lawyer who can handle your case from start to finish.
You can rely on the knowledgeable team at Yosha Law to be your advocate and ally during the difficult aftermath of a crash. That includes:
- Helping you understand all of your choices and options following the crash
- Answering your questions
- Gathering evidence related to your accident, including police statements, witness testimonies, and scene recreation
- Thoroughly investigating all causes of the accident
- Helping you calculate damages
- Filing court documents
- Negotiating with insurance companies on your behalf
- Retaining expert witnesses to assist in demonstrating who was at fault
- Representing you at trial if necessary
We also represent families who have lost a loved one in a motorcycle crash in Fort Wayne. You may be able to file a wrongful death claim or lawsuit to recover compensation for the unthinkable loss of your family member. This can help you cover expenses like burial and funeral costs, as well as inheritance losses, financial losses, and justice for your loved one’s suffering before death.
Proving fault after a motorcycle crash in Fort Wayne
One of the most important responsibilities of a motorcycle accident lawyer is determining who caused the accident and proving who was at fault to an insurance company, judge, or jury.
For a motorcycle accident claim to be successful, the motorcyclist must prove that someone else caused the accident. Sometimes, an accident can be caused by multiple parties, including the motorcyclist.
Indiana’s comparative negligence statute allows motorcyclists who were partially at fault for the accident to file for damages, as long as they are not more than 50% responsible. If you were partly at fault for causing the accident, your settlement or court award will be reduced by the same percentage of your responsibility. For example, if you were 20% responsible for the accident, then 20% of your award would be deducted.
Statute of Limitations for motorcycle accidents in Indiana
Additionally, it is important to know that there is a limited time to perform these vital tasks. Indiana Code § 34-11-2-4 says that most injured bikers have no more than two years after an injury to demand compensation. As a result, injured motorcyclists need to act quickly to protect their legal right to compensation.
Types of damages after an accident
Just as the law says drivers have a duty to protect motorcycle riders, it also says that at-fault motorists must provide full compensation for a plaintiff’s losses. Proving the extent of those losses is just as important as proving liability following a crash. Fortunately, a motorbike accident attorney in Fort Wayne could handle every step in this process.
Motorcycle accident claims must center around a physical injury. These can include:
- lacerations,
- broken bones,
- separated joints,
- head injuries (traumatic brain injury)
- spinal cord damage
- and more
A comprehensive case will seek repayment for all medical costs, both past and future.
Here are other types of compensation our Fort Wayne, Indiana, motorcycle accident attorneys could recover for you:
- Property damage
- Lost wages and diminished earning capacity
- Pain and suffering
- Mental anguish
- Disfigurement, scarring, temporary/permanent disability
- Loss of consortium
Accidents can also affect people’s lives in other ways. For example, they may find that they can no longer engage in once-loved hobbies. They may also lose out on significant income due to time spent in recovery or because of a permanent disability. A well-practiced injury lawyer could help demonstrate how an incident has changed a biker’s life and demand appropriate compensation.
Contact Yosha Law’s Motorcycle Accident Attorneys in Fort Wayne Today
Motorcycle riders have the same rights as others to expect protection while on the road. Drivers who fail to provide this protection by speeding, failing to yield, or engaging in other dangerous activity are liable for the resulting collisions.
A Fort Wayne motorcycle accident lawyer can help you pursue compensation for all your personal and financial losses from the incident. At Yosha Law, we will act swiftly to gather evidence concerning the crash and demand fair compensation through insurance settlements or lawsuits.
As your first step toward justice, request a free case evaluation from one of our Fort Wayne motorcycle accident lawyers. Reach out today to schedule a free consultation and case review so that we can get started.
