Motorcycles offer an efficient way to travel and help people save money on gas and other maintenance. However, motorcycles also expose riders to a heightened chance of suffering a serious injury after a collision with another vehicle.
A Fort Wayne motorcycle accident lawyer could help you pursue compensation from the party responsible for your wreck. A hardworking civil 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 losses.
Common Types of Motorbike Collisions
Here are 10 types of motorcycle accident scenarios that may happen to you. Advice from a motorcycle crash lawyer in Fort Wayne could help you build a strong claim against the party responsible.
- Rear-end collision. The most common type of motorcycle accident, a rear-end collision occurs when a negligent driver fails to notice you in his or her rear-view mirror and slams into your bike from behind.
- 2. Right of way violation. Perhaps the most dangerous type of 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.
- Left turn/merge/passing car strikes rider from the side. Similar to right of way violations, this kind of accident is usually caused by another driver’s negligence and poor judgment while driving.
- Lane splitting/weaving traffic collisions. A fairly new type of accident, lane splitting (where motorcycles drive between lanes to maneuver around traffic) is now legal in many U.S. states but still dangerous when drivers are not aware of what motorcyclists are doing on the road.
- Driving under the influence collisions. When a drunk or drugged driver causes an accident with you, 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!
- Road hazards/defects that cause accidents. If broken pavement, poor lighting or debris causes you to crash, you can likely seek compensation from the government agency responsible for maintaining public roads under a state’s “government tort claims act.”
- Hit-and-run accident. These types of accidents are surprisingly common due to the fact that many negligent drivers try to escape the scene to avoid paying for damages or facing criminal charges. Fortunately, you can still get compensated for your injuries in these cases if you have uninsured/underinsured motorist coverage.
- Motorcycle vs. pedestrian accidents. If a careless driver hits a bystander – whether on foot or riding an animal – while driving fast and erratically, they could be held liable through a personal injury claim under the legal doctrine of “negligent entrustment.”
- Car passenger opens door/pulls out/falls into, causing a motorcycle accident. The liability for this type of accident depends on the relative speeds and distances of the vehicles involved. If a car door is opened and you hit it, that is generally considered “negligent door ejection” and allows you to recover damages against the car occupant (and their insurer).
- Improper overtaking. When cars attempt to pass your motorcycle – but don’t give you adequate clearance or time to make lane changes before doing so – they can be held liable for any resulting accidents (just like in right-of-way scenarios).
Proving Fault After a Motorcycle Wreck
All drivers take on a duty to protect all other people whenever they get behind the wheel of a vehicle. This includes protecting motorcyclists. As a result, a driver who is to blame for a collision must provide compensation to all affected people regardless of those people’s choice of transportation.
However, it always falls on injured bikers to prove that someone else caused the accident. This could require obtaining a police report, watching dashcam footage, visiting the scene of the crash, and talking with witnesses. If the wreck was the result of a defective motorcycle, it could require investigating the cause of the defect and holding the manufacturer responsible. A Fort Wayne attorney could take the lead in gathering the evidence necessary to prove that another party was responsible for the motorcycle crash.
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, it is essential for injured motorcyclists to act quickly to protect their legal right to compensation.
What Compensation Could an Injured Motorcyclist Recover?
Just as the law says that 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 and spinal cord damage. A comprehensive case will seek repayment for all medical costs, both past and future.
Accidents can also affect people’s lives in other ways. They may find that they are no longer able to 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 lawyer could help demonstrate how an incident has changed a biker’s life and demand appropriate compensation.
Speak with a Fort Wayne Motorcycle Accident Attorney Now
Motorcycle riders have the same rights as all other people to expect protection while on the road. Drivers who fail to provide this protection by speeding, failing to yield, or other dangerous activity are liable for the resulting collisions.
A Fort Wayne motorcycle accident lawyer could help you to pursue compensation for all your personal and financial losses stemming from the incident. They could act swiftly to gather evidence concerning the crash, tie it to the actions of another driver, and demand fair payments through insurance settlements or lawsuits. Reach out today to learn more.