Motorcycle Accident Lawyer in Indianapolis

In Indianapolis, Indiana, motorcycles can allow riders to feel a sense of freedom as they travel down the open road. For bike enthusiasts, riding a motorcycle is a lifestyle. Unfortunately, motorcycles also present inherent risks that cars and trucks do not. 

Operating a motorcycle can leave you vulnerable to the elements and any careless drivers who share the road with you. Even a seemingly minor motorcycle accident can leave you with severe injuries and trauma. A collision could alter your life in an instant.

Insurance companies may be reluctant to pay you the compensation you’re validly owed, and you may be left with mounting expenses and a long, painful road to recovery. However, you don’t have to walk this road alone. 

A Yosha Law motorcycle accident lawyer in Indianapolis, Indiana can advise you on the merits of your case, help you to navigate the complexities of the legal process, and fight for the justice you deserve.  

Contact Yosha Law for an obligation-free case evaluation today.

What you should know about motorcycle accidents in Indiana

Data from the NHTSA (National Highway Traffic Safety Administration) indicates that more highway accidents involve motorcycles than any other type of vehicle, and Indiana motorcycles are involved in more highway accidents than other vehicles.

Although you can’t control the actions of the drivers who share the road with you, it’s important to take precautions and safety measures to help protect you in case a collision occurs.

Here are some other important facts about motorcycle accidents that you should know:

• Motorcycle accidents account for 14.6% of all traffic fatalities, but only account for 3% of all registered vehicles.
• Indiana is the second-highest state for motorcycle accidents involving unhelmeted drivers.
• 126 motorcycle accident fatalities occurred in Indiana in 2022. 
• 70% of Indiana motorcycle fatalities involve unhelmeted drivers.
• The majority of motorcycle accidents in Indiana occur in the afternoon.
• There are over 200,000 registered and licensed motorcycle riders in Indiana.
• In March 2024, there were 3 motorcycle fatalities in 3 days in Marion County (home of Indianapolis).

In the aftermath of your motorcycle crash, a Yosha Law motorcycle accident lawyer in Indianapolis can help you to fight for a fair settlement from the insurance giants and to file a personal injury lawsuit if insurers refuse to pay the compensation you’re owed.

Common causes of Indianapolis motorcycle accidents

Although motorcycle accidents can be caused by a variety of circumstances and conditions, the motorcycle accident attorneys of Yosha Law have seen similar causes in multiple bike collisions. 

Some of the most common causes on motorcycle accidents in Indianapolis include:

• Careless driving
• Dangerous road conditions
• Distracted driving
• Driving under the influence of alcohol or drugs
• Excessive speed
• Lane Splitting
• Quick stops
• Tailgating
• Unsafe, quick lane changes
• Weather conditions
• Worn tires

Why you need a motorcycle accident lawyer in Indianapolis

Motorcycle accident cases fall under personal injury law and can involve complex factors that may require legal knowledge and acumen to determine liability. Although you can file an insurance claim or even a personal injury lawsuit on your own, it may prove difficult to focus on healing and ensure you’re receiving fair compensation for your pain and suffering.

It may be tempting to accept any quick, lump sum payment offered by an insurer. However, insurance companies are notorious for lowballing settlement offers and even denying claims. If your injuries may incur future expenses and involve non-economic damages, an attorney can help you calculate what compensation you should seek.

Once you’ve accepted an offer from an insurance company, you will no longer have further legal recourse to seek additional compensation.

A Yosha Law motorcycle accident lawyer in Indianapolis can guide you through the legal process, has a 98% success rate in beating an insurer’s final offer, and knows how to battle a huge insurance company.

What to expect after you’ve filed your claim

In the immediate aftermath of your motorcycle accident, you should exchange contact and insurance information with any other involved drivers. Once you’ve contacted your insurance company, they’ll deal with any liable party’s insurer and begin the claims process.

You’ll be assigned a claims agent and case number for reference throughout the process. It’s a good idea to consult an attorney as well — Yosha Law offers an initial obligation-free consultation that can help you understand your legal options.

If the insurance company fails to offer the compensation you deserve, you may choose to file a personal injury lawsuit. Although the nuances of your case may require additional steps, here’s what you can expect once you’ve filed your claim:

• Your motorcycle accident lawyer will conduct an investigation, review the scene of the accident and your police report, and use eyewitness and forensic expert testimony to determine liability.
• Your lawyer will review your expenses (including medical records and property repair receipts) and the immeasurable losses you’ve suffered to help you to calculate the amount of compensatory damages you should seek.
• Your lawyer will act as your representative in mediation and negotiation meetings with the insurance company and their lawyers.
• If a settlement cannot be reached, your case will go to trial.
• The trial process for a personal injury case can last anywhere from a day to several weeks or months, depending on the nuances and complexities in your case.

Indiana laws that may impact your motorcycle accident case

Before you proceed with your motorcycle accident claim in Indianapolis, it’s important to be aware of Indiana laws that could impact your claim. Here are some examples.

Comparative Fault Law  

Indiana law § 34-51-2-5 applies comparative fault (also known as modified comparative negligence) to all motorcycle accident cases. This means that if you hold any liability for your collision, your compensation could be impacted.

Comparative fault means the following: 

• If you’re responsible for over 50% of your motorcycle accident, you do not have a valid claim for compensation.  
• If you’re 0%–50% at fault for your collision, you still have legal recourse. However, the amount of compensation you can seek will decrease based on your percentage of fault.

Lane Splitting Law

Lane splitting, or the practice of riding your motorcycle in-between lanes of traffic, weaving in and out as you see fit, is extremely dangerous and can lead to catastrophic accidents as it increases blindspots.

If another motorcycle rider hits you while lane splitting, they may automatically be found liable for your accident. If you’re lane splitting when you’re involved in a collision, you might not have a valid claim for compensation.

Lane splitting is also illegal in Indiana. Indiana Code § 9-21-10-6 states that a motorcycle is entitled to use a full vehicle lane but may not drive in a way that prevents other vehicles from using a full lane, and must stay in their lane without weaving. However, two motorcycles can share a lane if both riders agree and sit side by side. 

Motorcycle Helmet Laws

If you’re a motorcycle enthusiast and under the age of 18, you are required by Indiana Code § 9-19-7-1 to wear both eye protection and a helmet. New riders who are still learning to operate a motorcycle must also wear a helmet.

Adults may choose to ride sans a helmet or eye protection. However, this may increase your risk of severe injury, including a traumatic brain injury (TBI) and severe burns, and you may be more vulnerable in an accident.

Statute of Limitations

Per Indiana Code § 34-11-2-4, you must file any legal claim within two years of the date of your motorcycle accident. This statute of limitations allows you ample time to build your case and also protects defendants from having to fight decades-old or frivolous claims. 

If you were under 18 or mentally impaired at the time of your accident, the courts might grant you a filing extension.     

Compensatory damages in an Indianapolis motorcycle accident

The compensation you might receive after a motorcycle accident is divided into three categories known as damages. Damages allow you to qualify your claim and help you to determine your losses. 

A Yosha Law motorcycle accident lawyer in Indianapolis can help you discern the damages you should claim and calculate their general monetary value.  

Let’s take a look at definitions and examples of each category of damages. 

Economic Damages 

Economic damages (or special damages) cover losses with measurable value. For example, any documented bills you’ve received or expenses you’ve incurred as a direct result of your motorcycle accident might be compensated as economic damages.

Economic damages include: 

• Assisted Living Costs
• Lost Wages (including bonuses and tips)
• Medical Expenses (all accident-related doctor’s appointments, prescriptions, surgeries and treatment)
• Property Repair and Replacement Costs (vehicle repairs or replacement costs)
• Transportation Costs (public transportation, rental cars, and rideshares)

Non-Economic Damages 

Non-economic damages (or general damages) might cover the pain and suffering you’ve endured that do not have a set monetary value. Legally, these damages serve as recognition of immeasurable losses. 

This type of compensation cannot make up for your losses, but it can help to alleviate your financial burdens. 

Non-economic damages can include (but aren’t limited to):

• Catastrophic Injury
• Chronic Pain
• Disfigurement
• Emotional Trauma
• Loss of Consortium (the loss of intimacy and companionship)
• Loss of Quality of Life
• Paralysis
• Pain and Suffering
• Third-Degree Burns
• Traumatic Brain Injury (TBI)
• Wrongful Death

Punitive Damages

Punitive damages are often handed down by a judge or jury when there’s a clear case of gross negligence. These damages are considered punishment for a defendant. For example, if a drunk, speeding driver plows into your motorcycle, the courts may find the driver exhibited gross negligence and a dereliction in duty of care. 

Although your motorcycle accident lawyer may advise you to seek punitive damages in your case, it’s rare for a plaintiff to ask for this type of compensation. In a successful case that does include punitive damages, the plaintiff receives 25% of the punitive award and the remaining 75% is immediately allocated to the Indiana Violent Crimes Victim Compensation Fund. 

How Yosha Law can help

For over six decades, Yosha Law has successfully helped clients — many of whom come to us through word-of-mouth referrals — and walked beside them on their road to recovery. 

You’re far more than just another case number to our team. We care about your unique circumstances and individual story. You’re an extended part of our family, and that doesn’t stop when we’ve attained a successful verdict for you. We’ll support you on the path to justice and fight tirelessly against unscrupulous insurance companies.

A Yosha Law motorcycle accident lawyer in Indianapolis battles for the underdog and has successfully gone toe-to-toe with insurance giants such as Geico, Progressive, and State Farm.  

We’ll work diligently to build the strongest case possible through accident scene investigations, exhaustive research, and vital testimony from eyewitnesses, forensic experts, and those who can credibly testify about the impact of your accident on your daily life. 

Although we can’t guarantee a successful outcome, we’ve won multi-million dollar verdicts for many of our satisfied clients and helped to enact Indiana laws that protect our state’s roads and save lives. 

We also offer an initial obligation-free consultation where we can answer any questions you may have and explore the merits of your case. Your road to justice is only a step away. Contact Yosha Law today. 

Indianapolis Motorcycle Accident FAQ

How much will a motorcycle accident lawyer cost me?

Yosha Law takes cases on a contingency basis. This means that you won’t face exorbitant fees upfront — and can concentrate on the progress of your case without the added burden of additional costs. We only get paid when your case is successfully resolved. 

Should I seek medical attention if my accident-related injuries are minor?

Yes. After your accident, you should seek medical attention as soon as possible. You’ll need official documentation of your diagnosis and treatment from any medical professionals. 

After a motorcycled accident in Indianapolis, you may also suffer injuries that initially seem minor, but can grow more severe over time. For instance, if you suffer internal bleeding or hemorrhaging, you may not immediately experience symptoms. These types of injuries can present significant health risks and may even result in fatality.