Motorcycles are the preferred method of transportation for thousands of people in the Indianapolis area. Not only does riding a motorcycle bring feelings of excitement, but it is also a more efficient and money-saving way to get around town. Unfortunately, those on motorcycles are more vulnerable to injuries in accidents.
An Indianapolis motorcycle accident lawyer could help to pursue this compensation, if you were severely injured in a collision. A knowledgeable personal injury attorney could explain your rights as a biker and how another driver’s actions violated those rights. They could also take the lead in gathering evidence of defendant fault and seeking out fair compensation for your losses.
Injured Bikers Must Prove that Another Party’s Negligence Cause their Injuries
Every driver who gets behind the wheel in Indianapolis assumes a duty. This duty requires them to follow the rules of the road and not take any steps that threaten the wellbeing of other travelers. This duty extends to every other person, including motorcycle riders.
Many drivers attempt to argue that a motorcyclist does not deserve this protection. They may allege that a rider assumed the risk involved in riding a motorcycle and as a result do not deserve protection under the law. An Indianapolis motorcycle accident attorney knows better. The simple fact is that all travelers on Indianapolis’ roads have a duty to protect bikers just as they must protect riders in cars or trucks. It follows that they will be liable for any damage that they cause in an accident.
The most important part of a claim for compensation after an accident is proving that another party breached this duty. This can include violations of traffic laws, such as speeding, tailgating, or failing to yield. It can also involve simple carelessness that resulted in a collision. A seasoned Indianapolis motorcycle accident attorney could help to gather the evidence that indicates defendant fault for an accident.
Understanding Shared Fault
This concept is especially important considering the state’s rule concerning modified comparative negligence. Under Indiana Code § 34-51-2-5, defendants may argue that a biker shared some or all of the responsibility for a crash. Making this argument successful will reduce the liability of an at-fault driver. Despite this fact, the idea that a person who was on a motorcycle accepted the risks that may result from an accident is not a valid defense. A lawyer in Indianapolis could help to demonstrate that another driver was the sole responsible party for an incident.
Motorcycle Accidents Have the Potential to Impact Every Part of a Person’s Life
The physical injuries that can result from motorcycle accidents are among the most serious that occur on the road. Even if a rider merely falls to the pavement, this can result in broken bones or concussions. Sliding along the pavement can cause harsh scrapes and road rash. It is also possible that a rider may become trapped under another vehicle or fly into surrounding buildings or traffic.
Since these physical injuries are often serious, a claim for compensation must demand full payments for the costs of all medical care. This includes an ambulance ride, ER care, surgery, hospitalization, and physical rehabilitation.
However, a case that only demands payments for physical injuries likely leaves thousands of dollars on the table. At-fault drivers must provide compensation for all damage that they cause. If a biker now experiences emotional traumas or mental health concerns connected to the incident, a defendant must provide payments for these changes in quality of life. Additionally, if a rider cannot return to work or has suffered a permanent injury, defendants must provide compensation for lost income. An Indianapolis motorcycle accident lawyer could help to pursue appropriate compensation following a crash.
How Long Does a Person Have to Pursue a Case?
The law states that there is a limited time to bring a case to court following a collision which is called the statute of limitations. According to Indiana Code § 34-11-2-4, the statute of limitations for all accident cases is two years. This means that parties must demand compensation from an at-fault driver no more than two years from the date of the collision.
While the statute of limitations is a court rule that determines how long a person has to file a lawsuit, it may also play a role in controlling demands for compensation through an insurance settlement. For this reason, it is essential that injured individuals act quickly to protect their rights following a motorcycle accident in Indianapolis.
Working on a Motorcycle Accident Case
Obtaining proper compensation following a motorcycle accident may seem like an insurmountable task. Fortunately, an Indianapolis motorcycle accident attorney may be able to help. From day one, an attorney could take the lead in a case to seek out the compensation that people deserve.
Investigating a Collision
This process can start immediately. An attorney can work to perform a full investigation into the crash and why it occurred. This may include visiting the scene, obtaining a police report, and talking with witnesses. In rare situations, it may even involve hiring an accident reconstruction expert to learn more about the crash.
Handling Settlement Negotiations
Another immediate benefit concerns the insurance companies. These companies will work to quickly close out claims. For a rider’s company, this could result in faster payments of some medical bills. However, for the other driver’s company, it is best to take caution when talking with their agents. These agents may attempt to collect an official statement concerning the crash or offer a token sum to end the case. It is understandable to feel overwhelmed. Fortunately, an attorney can help to protect a case against these tactics. In fact, as soon as a biker hires a lawyer, the insurance companies cannot directly contact the rider.
Attorneys also take the lead in settlement negotiations. Most motorcycle accident cases end with an insurance settlement, so it is important to approach these talks from a position of strength. This includes understanding the law, having an in-depth knowledge of the case, and knowing how much the case is worth. With this knowledge, an Indianapolis motorcycle accident lawyer could help to pursue an appropriate settlement.
An additional benefit of hiring an attorney concerns measuring how the event has impacted a rider’s life. It is essential to contact doctors’ offices, hospitals, and even the injured person’s place of work to gather the necessary evidence to calculate the economic costs of a motorcycle accident. An Indianapolis motorcycle crash attorney can take every necessary step to pursue a case for its appropriate value while allowing riders to focus on making their best recoveries.
Speak to an Indianapolis Motorcycle Accident Attorney To Discuss Your Case
Bikers enjoy the same rights on the road as all other travelers. This includes the ability to demand compensation for their losses when another motorist is at fault for a crash. These payments can often cover the costs of medical treatment, emotional traumas, and lost wages.
An Indianapolis motorcycle accident lawyer stands ready to fight for you. An attorney can perform a full investigation into the incident, gather evidence that indicated defendant fault, and demand appropriate payments from all liable parties. In most cases, this could result in a fair settlement without needing to go to court. Contact an Indianapolis motorcycle accident attorney today to learn about your legal options.