Motorcyclists in Muncie have a lot to take advantage of, including a motorcycle-friendly city, plenty of nearby state highways, I-69 access on the west side, and beautiful country roads stretching in all directions.
The last thing you want to interrupt your ride is a motorcycle accident. In a split second, your life could be changed forever. You may experience catastrophic physical injuries, expensive property damage, and a huge financial burden from medical bills and missed work.
No one should have to suffer because of someone else’s negligence, and that includes anyone who was injured in a motorcycle crash! At Yosha Law, our team of compassionate and empathetic attorneys is here to guide you through the legal process and protect your rights.
- Motorcycle accidents in Muncie, Indiana
- How does a Muncie motorcycle accident lawyer help?
- How a motorcycle attorney determines liability
- Common injuries after a Muncie motorcycle crash
- What to do after a motorcycle crash in Muncie or Delaware County?
- What kind of damages can you collect after a motorcycle accident?
- Important information about filing a motorcycle claim in Muncie
- Speak with Yosha Law to find out how we can help after your Muncie motorcycle accident
Motorcycle accidents in Muncie, Indiana
Every year, more than a hundred motorcyclists are killed on Indiana’s roads. These accidents are caused by a lot of different things, including operator error, manufacturer’s error, bad road conditions, inclement weather, and the negligence of other drivers.
In Muncie, motorcyclists are at risk of harm from:
- Speeding motor vehicles
- Drivers who fail to check their mirrors before changing lanes
- Road rage incidents
- Poor road conditions (including Muncie’s notorious potholes!)
- Drivers who fail to yield the right-of-way to motorcycles
- Intoxicated drivers
- Lack of barriers and guardrails
- Fatigued drivers
- Distracted drivers who are using their phones, messing with their GPS system or stereo, eating, or just plain not paying attention to the road
Even a minor accident can cause physical and emotional trauma, property damage, and significant financial losses. By learning about how a Muncie motorcycle accident lawyer can help you through the legal process, you can feel more secure and prepared to face the challenges ahead.
We believe in helping our clients to feel equipped to take those next steps toward justice, and we are proud to take those steps with you.
How does a Muncie motorcycle accident lawyer help?
Unfortunately, one of the biggest challenges of recovering from an accident is navigating the legal aftermath of the crash.
You may have already filed a claim against the insurance company of the responsible party. If they offered you a settlement very quickly, there’s a good chance that the settlement is too low. In fact, insurance companies are notorious for paying out as little as possible.
After accepting a settlement offer, you may no longer be legally qualified to file a personal injury lawsuit in order to get the compensation you really need to focus on healing your body and recovering your financial damages.
A Muncie personal injury attorney who specializes in motorcycle accident claims can negotiate with the insurance company on your behalf and protect you from settlement offers that are way too low to be fair.
Motorcycle accident attorneys know how to calculate the true damages you suffered, including things you would not have thought of on your own. There are many categories of damages that you may be eligible to receive compensation for, and a knowledgeable attorney can help you get the most possible out of your claim.
Getting legal support from Yosha Law Firm’s motorcycle lawyers
The Yosha Law Firm team has helped so many clients recoup their losses–and begin to recover. It’s understandable that you feel overwhelmed after your accident, especially if you experienced significant injuries or had to take a lot of time off work. We’re here to help.
Yosha Law can:
- Help you determine what damages you should seek
- Examine your case to determine its merits
- Explain your legal options
- File time-sensitive legal documents
- Gather legal evidence from the scene of the accident
- Hire expert witnesses to testify on your behalf
- Negotiate with other parties’ legal teams
- Fight for you in court if a settlement can’t be reached
How a motorcycle attorney determines liability
Determining liability after an accident is complicated and nuanced. Before you can collect any sort of compensatory damages, you have to demonstrate who was responsible for the accident. This isn’t easy, especially because there are often multiple factors at play.
Proving negligence requires you to demonstrate that the responsible party (or parties) meet the following 4 criteria:
- The other party had a duty of care to drive safely on the road, exercising appropriate caution and behavior.
- The responsible party breached their duty of care by behaving negligently or recklessly.
- The breach of care caused your injuries and losses.
- Those injuries and losses caused damages to you as the victim.
Here is an example of an accident in which the definition of negligence is met through these criteria: A speeding driver disregards a traffic signal and strikes your car when you, on your motorcycle, have the right of way. You end up hospitalized for your injuries.
This driver had a duty of care to be safe and responsible on the road but breached that duty of care by driving recklessly and breaking traffic laws. This caused your injuries, which affected you both financially and physically.
On the other hand, here is an example where someone’s actions do not meet the criteria necessary for proving negligence: A driver speeds through a traffic light but you are able to swerve without crashing, so you avoid being hit or going down. In this case, the driver may have breached their duty of care, but their action caused no injuries and there were no damages. This driver could be ticketed for reckless driving, but there would not be a lawsuit.
What if the motorcyclist was at fault for the accident?
If you were 100% responsible for your own accident, you will need to file a claim with your insurance company to cover the costs of your medical treatment and property damage.
However, Indiana is a comparative negligence state, which means that even if you were partially responsible for your accident, you may still be able to seek damages. As long as you were less than 50% responsible, you can file a personal injury lawsuit against someone who was 51% or more responsible.
An attorney can help you determine who was at fault and if you have a claim that can be filed.
Common injuries after a Muncie motorcycle crash
You know that there are additional risks to being on a motorcycle when compared to driving a car. Even if you take protective measures like wearing a helmet and specialized motorcycle clothing, your body will be subjected to extreme physical forces during a crash.
Some of the most common injuries we see from our clients in Muncie include:
- Broken bones
- Facial injuries
- Eye injuries
- Hematomas
- Leg injuries
- Sprains
- Soft tissue damage
- Hand and finger injuries
- Road rash
- Paralysis
- Skull fractures
- Spinal cord injuries
- Burns
- Traumatic Brain Injuries (TBIs)
These injuries have serious implications for your life! They are painful, difficult to recover from, and expensive. They may cause you to miss work or even experience permanent disability.
What to do after a motorcycle crash in Muncie or Delaware County?
The first moments after an accident can be incredibly scary. Knowing what to do in the aftermath will help you stay calm and get the help you need.
Here are the steps you should follow:
- If possible, pull over to the side of the road. This will get you out of the flow of traffic.
- Exchange insurance and contact information with all other drivers involved. Do not admit fault when communicating with other parties.
- Contact the police to come to the scene so that they can file a police report. If you were injured and were unable to exchange contact information with the drivers or contact the police, this will have been done for you by first responders.
- If you are able, take photos and videos of the scene, including documentation of your bike, your injuries, and the other vehicles involved.
- Do not leave the scene without seeking medical attention for your injuries. Even what seems like a minor road rash or a headache should be checked out by a medical provider. You may be transported to the hospital or checked out on the scene by EMTs, but make sure to get a diagnosis. Document any treatment you receive.
- You will need to file an insurance claim against the at-fault party’s insurer but don’t expect to get a good resolution. If they offer you a fast settlement, don’t agree to it until you have spoken with your attorney.
- Maintain records of all of the bills and expenses you pay as a result of your injuries. All of this documentation will help you and your lawyer make the strongest case possible about the extent of the damages you have suffered.
What kind of damages can you collect after a motorcycle accident?
Damages are the compensatory measures that the court uses to help you recoup your losses after a personal injury. They can be awarded by a judge or a jury in a civil trial. Similarly, a pre-trial settlement can cover your losses, as well.
Some of the most common types of financial damages include:
- Costs to repair or replace your motorcycle
- Lost wages from missed work
- Loss of future income if you’re unable to return to work
- Emergency medical treatment
- Rehabilitative therapies
- Prescription medications
- Surgical costs
- Funeral costs if your loved one was killed in a motorcycle accident
There are also non-monetary damages, including:
- Pain and suffering
- Permanent disability
- Scarring and disfigurement
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress
- Wrongful death
Important information about filing a motorcycle claim in Muncie
Several Indiana laws will affect you and your motorcycle claim in Muncie.
- Statute of limitations: you have up to two years from the date of an accident to file a claim. It is recommended to file before these two years have passed!
- Motorcycle riders under the age of 18 are required to wear a helmet and protective eyewear on a motorcycle. Adults are not required to wear safety gear, but you may be held partially responsible for your injuries if you choose not to wear a helmet and other protective gear.
- If you are found to be partially at fault for the accident, your total compensation amount will be reduced by the percentage of responsibility you bear for the accident. In other words, if you were 30% responsible for the crash, your court award or settlement will be reduced by 30%.
Speak with Yosha Law to find out how we can help after your Muncie motorcycle accident
After a motorcycle accident, you will undoubtedly have a lot on your mind! Recovering from your injuries is going to be your top priority, as well as avoiding a financial crisis from medical bills and missed work.
Our Muncie attorneys at Yosha Law Firm are ready to help. We want you to be able to focus on your recovery, so we are here to take care of the legal situation! We can answer your questions, help you make decisions, and defend your rights all the way to court if we need to.
Getting compensation for your injuries and losses isn’t the same as making them go away, which is what we really wish we could do! But it does allow you to pay your bills and focus on healing.
At Yosha Law Firm, we provide compassionate, knowledgeable, and supportive legal care after motorcycle accidents in Muncie and beyond. You don’t have to do this alone! Contact us today for a free consultation.
