If you’re a motorcycle enthusiast, the euphoria of riding your bike through Terre Haute, Indiana may feel better than any other moment of your day. The freedom of riding a motorcycle attracts many riders but also leaves you exposed and vulnerable to an accident.
Although any vehicle collision can cause trauma and significant injury, even a minor motorcycle accident may result in significant injury. In the aftermath of your collision, you may find yourself facing unexpected bills and a long road to recovery.
A Terre Haute motorcycle accident lawyer can support you in your healing and help you navigate through the legal process to receive compensation and the justice you deserve.
- What you need to know about Terre Haute motorcycle accidents
- Indiana motorcycle accident laws
- Why you need a lawyer after a motorcycle accident in Terre Haute
- How Yosha Law can help
- Compensation after a Terre Haute motorcycle accident
- Contact Yosha Law
What you need to know about Terre Haute motorcycle accidents
The freedom of riding a motorcycle also comes with great responsibility: Compliance with motorcycle safety and extreme caution while riding may help you protect yourself. Nevertheless, even on lightly traveled roads in Terre Haute, you can’t control the negligent drivers or inclement weather conditions that lead to motorcycle accidents.
According to the NHTSA (National Highway Traffic Safety Administration), motorcyclists are overrepresented in all vehicle crashes, and in 2021, accounted for 14% of all accident fatalities. Indiana falls just above the national average for the number of annual motorcycle accidents.
In Terre Haute, and greater Vigo County, 2023 accounted for a multitude of significant motorcycle accidents, including several fatalities. After a motorcycle accident in Terre Haute, an attorney can help you to determine what legal action you should take and can support you in the personal injury claim process.
Indiana motorcycle accident laws
As you explore your legal options, Indiana motorcycle accident laws can help you to determine your next steps, and you should thoroughly understand these laws before you move forward. A Terre Haute motorcycle accident lawyer can advise you on your options, and inform you of the strength of your case.
Let’s take a look at some of the important Indiana laws that could impact your personal injury claim in Terre Haute.
Helmet laws
Minor motorcycle riders in Indiana are legally required to wear helmets and eye protection. However, any rider over the age of 18 can ride without protection. Nevertheless, in an accident, helmets, eye protection, and other safety measures may help to protect you against the worst consequences.
For example, helmet use may protect you from suffering a traumatic brain injury (TBI). Padding and eye protection could protect you from road rash, burns, and severe facial injuries.
Comparative negligence
In Indiana, comparative negligence laws (also known as comparative fault, or modified negligence) may impact your motorcycle accident case. These laws affect settlements based on liability factors.
For example, if you’re legally determined to hold over 50% of the liability in your Terre Haute accident, you might not have a valid claim to compensation. If you’re found to hold over 0% of fault for your collision, but under 50%, the amount of your monetary award could decrease.
Statute of limitations
Across the U.S., statute of limitations laws are in place to protect both plaintiffs and defendants in personal injury cases. A statute of limitations allows plaintiffs the necessary amount of time to ensure they can file a claim and protects defendants from facing old, frivolous claims.
As mandated by Indiana state law § 34-11-2-4, the statute of limitations for your case in Terre Haute is exactly two years from the date of your accident: If you fail to file a claim before this time window expires, you may not have further legal recourse.
Exceptions are made for motorcycle accident plaintiffs who were mentally incapacitated or under the age of 18 at the time of their collision.
Why you need a lawyer after a motorcycle accident in Terre Haute
Although you can file an insurance claim directly after your accident, it may be wise to consult a Terre Haute attorney first. The right lawyer understands how to deal with the insurance companies that may be reluctant to quickly settle your claim, could lowball their compensation offer, or even outright deny your claim.
Similarly, if you choose to file a lawsuit against an insurance company, a motorcycle accident lawyer can help you anticipate what to expect and determine the monetary value of the compensation you should seek.
It’s important to remember that if you agree to an insurance settlement that doesn’t cover all of the losses you’ve incurred in your accident, you may not have a valid claim to additional compensation.
A lawyer can manage the details of your claim to allow you the time you need to process through your trauma and focus on your recovery.
How Yosha Law can help
Yosha Law has a dedicated team of Terre Haute motorcycle accident lawyers who are ready to stand beside you and support you on the road to justice. We understand the physical and emotional trauma you may be suffering and the stress that the undue burden of unexpected costs and life transformation can bring.
We can help you deal with reluctant insurance companies and, if needed, file a personal injury lawsuit on your behalf. Our attorneys will partner with you, and guide you through the nuances of liability, and the Indiana laws that may impact your case.
Our Terre Haute motorcycle lawyers can provide the following:
- Clear communication:
In your initial consultation with us, we’ll truthfully share the merits of your case so that you can determine the best course of action to take. Throughout your case, we’ll explain any progress and filed paperwork. You won’t have to chase us down to reach us — we’ll remain in contact with you.
- Calculate your damages:
In the aftermath of your motorcycle accident, when you file an insurance claim or pursue a lawsuit, it’s tough to know where to set the value of the monetary compensation you should seek. We can help calculate your damages by examining the impact of your accident on various aspects of your life.
- Court filings and other legal paperwork:
Your accident claim will most likely involve many time-sensitive documents that can determine the progress of your case. We manage this paperwork for you and ensure that all deadlines are met.
- Legal evidence:
We’ll gather forensic evidence from the scene of your collision, including any debris, photos, police reports, and videos to help strengthen your legal claim. Our lawyers in Terre Haute will also collect documented repair bills, medical expenses, transportation costs, and proof of lost wages that your accident has caused.
- Interview eyewitnesses and forensic experts:
Eyewitnesses in your case may include witnesses to your motorcycle accident, along with anyone who can directly testify to the pain and suffering you’ve experienced in its aftermath.
We may also interview crash reconstructionists and medical experts who can testify to the cause of your accident and how your collision caused your injuries.
- Representation in all negotiations:
We will represent you in any negotiations with insurance companies and court meetings. You need an advocate to stand up for your best interests in negotiations, and we’ve got you covered.
- Fight for you in court:
Although 95% of personal injury lawsuits are settled before they go to trial, if we fail to reach a settlement agreement, we will passionately present your case in court and seek justice on your behalf.
Compensation after a Terre Haute motorcycle accident
The compensation you seek after a motorcycle accident in Terre Haute falls under personal injury (or torte) law, and is broken into categories known as damages. The types of damages you might seek reflect the different categories of loss you’ve experienced.
There are three categories of damages: Special (or economic), General (or non-economic), and Punitive. Here are the definitions of each, and examples of the losses that fall under these categories.
Special damages
After your motorcycle accident, the losses that you experience that have a set monetary amount are considered special damages. The documented bills or lost finances you’ve incurred fall under this category.
Examples of special damages include:
- Assisted living costs:
If your accident renders you in need of home care services or the need to move into an assisted living facility, these expenses are considered special damages.
- Lost wages:
Have your injuries required you to miss work time? These expenses may be offset by claiming lost wages under special damages. Lost wages can include bonuses, hourly wages, paid-time off, and tips.
- Medical expenses:
Any medical bills that you owe as a result of your accident are considered medical expenses. This includes doctor’s appointments, emergency room visits, hospital stays, prescriptions, surgeries, and more.
Your medical expenses may also include ongoing treatment or anticipated procedures you’ll need in the future.
- Repair and replacement costs:
Chances are, after your collision, your motorcycle may need repairs or to be entirely replaced. Repair and replacement costs can be claimed as special damages.
- Transportation costs:
If you’re without transportation for any time period following your motorcycle accident and need to rent a vehicle or use public transportation, rideshare, or other transportation services, these costs fall under special damages.
General damages
General damages cover the losses you’ve incurred that don’t have a set monetary value. These traumas still deserve compensation but are not quantifiable. Your Terre Haute motorcycle accident could leave you suffering in ways that are not covered by special damages.
These damages may not make up for your suffering, but they can provide some financial compensation to help you as you move forward.
Examples of general damages include:
- Catastrophic injury
- Emotional trauma
- Facial disfigurement
- Loss of hearing
- Loss of limb
- Loss of quality of life
- Loss of vision
- Pain and suffering
- Paralysis
- Permanent scarring
- Severe burns
- TBIs
- Wrongful death
Punitive damages
Your attorney may suggest that you seek punitive damages if the liable party in your case exhibited gross negligence. However, punitive damages are often awarded by a judge or jury after an initial compensatory award. These damages are meted out as punishment and to make an example of a defendant who has shown great misconduct.
For example, if your motorcycle accident is a result of an intoxicated driver’s actions, you might receive punitive compensation.
In Terre Haute, 25% of punitive damages go directly to the plaintiff, and the other 75% is placed in the state’s Violent Crimes Victim Compensation Fund.
Contact Yosha Law
At Yosha Law, we understand the pain and suffering you might experience as a result of your collision. We know that every case is unique to the individuals who have suffered as a result of an accident. Our clients aren’t just numbers — they become extended members of our family.
If you need a Terre Haute motorcycle lawyer, Yosha Law will walk beside you and fight for the just compensation you’re owed. You should be able to focus on your recovery and let a trusted team handle your legal process.
Connect with us for a free consultation and begin your search for justice today.
