Motorcycle Accident Lawyer Indianapolis, IN
If you have been involved in a motorcycle accident, you might be suffering from a very significant personal injury and need the help of a motorcycle accident lawyer Indianapolis, IN residents trust. Motorcycle accidents are particularly dangerous and may result in anything from scrapes and bruises and broken bones, to permanent disability and even death. In addition to these bodily injuries, you may have suffered some emotional or psychological injury related to the trauma of the accident. Your motorcycle likely also sustained damage and may have had to be repaired or replaced. Your injuries may have caused you to miss time from work, resulting in lost paychecks. On top of all of that, you may be worried about being able to afford the medical treatment and therapy necessary to ensure that you make a full recovery. If this sounds like you, or someone you love, consider contacting the Indianapolis motorcycle accident lawyers at Ward & Ward Law Firm today.
We understand that you are in pain, that you are stressed, and that you need the full amount of compensation that you deserve in order to pay your bills and get on with your life. You can reach the motorcycle attorneys at Ward & Ward Law Firm anytime by email or during business hours by phone. With over 87 years of combined experience representing plaintiffs just like you in motorcycle accident cases, the attorneys at Ward & Ward Law Firm have the professional experience you need to get a fair and efficient resolution to your claim. Motorcycle accidents are common. Thousands of Americans are injured or killed while riding their motorcycle every year. One of the most common causes of accidents is when a car or truck fails to appropriately yield the right of way to a motorcyclist.
The motorcycle accident attorneys at Ward & Ward Law Firm know well the traffic laws regarding motorcyclists and right away that apply to accidents in Indianapolis, IN. We also know local insurance representatives, defense attorneys, and court rules and procedures. Our experience and knowledge gives us the professional competence that your claim deserves. Learn about What are some common myths about motorcycle accidents?
Consider giving the motorcycle attorneys at Ward & Ward Law Firm a call to set up your initial, free consultation. This consultation is not binding and is just a chance for you to describe the circumstances of your accident and your resulting injuries to a member of our team. After learning more about you and your claim, a motorcycle accident lawyer from our office can let you know how we may be able to help, but you are not obligated to accept our services. Make your risk-free call today; it might be the best call that you make all year.
Who Is Responsible for My Motorcycle Accident?
Every year, almost 90,000 riders are injured in motorcycle crashes. At Ward & Ward Law Firm, we have extensive legal experience representing victims of motorcycle accidents. Each seasoned motorcycle accident lawyer Indianapolis, Indiana clients recommend from our firm knows that each accident is unique and has their own set of circumstances that can help or hamper victims in an accident lawsuit. Each Indianapolis, IN motorcycle accident lawyer at our firm has extensive experience in handling these types of cases.
One of the most devastating types of crashes that our firm has been successful in handling is when there is a crash between a motorcycle and a tractor-trailer or other type of commercial truck. These vehicles are massive and do extensive damage to victims who are in passenger vehicles, but for a victim who is on a motorcycle, there is almost no chance of surviving the crash because of the horrific injuries they sustain. For those victims who do survive, their injuries are so catastrophic they are often left permanently disabled, with long-term medical issues. Another common – and perilous – type of crash for motorcyclists is the rear-end crash. This is because when a vehicle hits a motorcycle from behind, the impact can cause the rear wheel of the bike to kick up. This movement often causes anyone on the bike to fly forward and land on the pavement. Even more frightening is when the victim lands in the path of an oncoming vehicle. A third common motorcycle crash scenario we see at Ward & Ward Law Firm is single-vehicle motorcycle accidents. Just because the motorcycle is the only vehicle that ends up in a situation where the rider or riders are injured, this does not always mean that there is not another responsible party. For example, a distracted driver may have forced a motorcyclist to drive off the road because the motorcyclist swerved to avoid being struck by the car. In this situation, although the car did not actually hit the motorcycle, their negligent driving caused the rider to crash.
Different Liable Parties
Just like there are different scenarios of motorcycle crashes that Ward & Ward Law Firm motorcycle accident lawyers represent, there are also different types of parties who may be liable for the injuries the motorcyclist sustains. Your Indianapolis, IN motorcycle accident lawyer will determine who is responsible for any losses your injuries have cost you after he or she fully investigates the crash and circumstances of your accident. These parties may be:
- A driver of another vehicle who acted in a negligent or reckless manner. The types of actions that fall under negligent or reckless include distracted driving, fatigued driving, driving under the influence of alcohol and/or drugs, speeding, and ignoring traffic laws.
- Manufacturer of a motorcycle part or of the motorcycle itself. If the crash was caused by a defective part or design, then the victim can file a lawsuit against the manufacturer.
- Municipality or other government entity. If the crash was caused because of a defect in the road that should have been repaired or other road hazard issue, then the victim can file a lawsuit against the government entity that was responsible for maintaining the road.
When a Defective Part Causes a Motorcycle Accident
A large percentage of motorcycle accidents result in serious or fatal injuries for the rider. When the accident is caused by a defective motorcycle part, the biker will often have great difficulty in getting full compensation and in a timely manner. In fact, it’s not unusual for manufacturers and their insurance companies to draw out a claim for years, particularly when a large sum of money is involved. Of course this is not fair, and it is also not ethical. In some cases, it’s also a breach of the victim’s legal rights. A motorcycle accident lawyer in Indianapolis, IN can represent you in interactions with the insurance company and parts manufacturer. In many cases we have been able to accelerate the process, particularly if the company is intentionally delaying the process of approving your claim.
We Are Committed to Protecting Bikers’ Rights
We remain dedicated to representing injury victims and assisting them in getting fair compensation for their medical bills and other damages. Motorcycle riders are especially susceptible to sustaining serious injuries because very often they are hit by cars or trucks driven by people who were not paying enough attention to the vehicles surrounding them. A motorcycle’s size and weight is drastically less than a full-sized automobile. While the passenger vehicle car’s driver may be fine, the motorcyclist often is not fine. Their resulting medical bills may be enormously expensive, and while they recover they may not be able to return to their job. Without an income and faced with a costly treatment regimen, the motorcyclist may feel as if they have nowhere to turn. If this describes your circumstances, do not hesitate to contact us. We offer injury victims a free consultation with our motorcycle accident lawyer to learn how we might be able to protect their right to fair compensation. If you are currently in the hospital, we can come to you or speak with you over the phone if you prefer.
Defective Motorcycle Parts Can be Disastrous
Motorcycles are great machines when they’re working, but if a critical part fails unexpectedly, it can cause the rider to lose control and crash. Parts manufacturers have a responsibility to their consumers to perform adequate quality control testing, and to issue a recall should they realize that a part is dangerously defective. If they fail in doing so, they can be held liable for the damages that result to the consumer who is injured by their product. Whether it was a defective tire, brakes, steering mechanism, engine part, or something else, our motorcycle accident lawyer can help you seek justice from the manufacturer.
Ward & Ward Law Firm’s Motorcycle Accident Lawyer in Indianapolis is Here for You
If you were injured in a motorcycle accident because of a defective bike part, you may be eligible for compensation from the manufacturer. The motorcycle accident lawyers at Ward & Ward Law Firm know that there is a special bond between motorcycle and rider. We know how your love of the road and trust of other drivers can be broken in a second after an accident. We know what you have been through, we have helped motorcyclists just like you get back on the bike, and we are ready to advocate on your behalf for the fair compensation that you deserve. When you come to us to hire a motorcycle accident lawyer Indianapolis, IN drivers trust, you’ll find someone who is compassionate, caring, experienced, and professional.
Why you need an experienced motorcycle injury accident lawyer
A person injured in a motorcycle accident that is a direct result of another driver’s negligence, requires legal representation by a knowledgeable and experienced personal injury attorney that understands and can counter the defenses employed by defendant’s counsel. Defendant will likely attempt to portray the cyclist as a “risk-taker” who is in whole or part to blame for his or her own injuries. Why? Because Indiana’s comparative fault law proclaims that a Plaintiff who is more than 50% at fault for his or her own injuries cannot recover for damages.
Contributory negligence in motorcycle accidents claims
Indiana Code 34-51-2-6 states:
“…the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.”
From a defense perspective, proving plaintiff’s contributory negligence would reduce or even eliminate the defendant’s financial exposure in the claim.
In an affirmative defense strategy, defendant’s counsel may attempt to plant the seed of negligence and portray cycling as an inherently risky behavior. Asking the jury to consider that the cyclist failed to mitigate their damages by opting not to wear a helmet is a very common defense. However, an experienced lawyer representing motorcycle claimants will petition the Court a bit previous to disallow any speculation about Plaintiff’s failure to wear protective headgear. In State v. Eaton, 659N.E.2d232 (Ind. Ct. App. 1996) establishes that Indiana motorcyclists have no common law duty to wear a helmet or protective eyewear. Therefore, absent any protective head gear or eyewear, defendant may not hold cyclist accountable for failing to do so, and a jury may not speculate how the injured party’s damages might have been lessened if a helmet had been worn.
Motorcycle Laws in Indiana
Safety precautions that can help you prevent a bike wreck
Indiana motorcycle laws offer motorcycle riders valuable protection. In addition to making riding safer, the laws assist your attorney in proving fault in a motorcycle accident. Ward & Ward Law Firm offers clients highly-skilled representation in motorcycle accident cases, holding at-fault motorists accountable and recovering full compensation for our clients.
Indiana motorcycle laws
Some of the most well-known Indiana motorcycle laws include:
- Helmet laws. Riders under the age of 18 and instructional permit holders must wear motorcycle helmets.
- Eye protection laws. Riders and passengers who are under the under the age of 18 must wear protective glasses, goggles or a transparent face shield.
- Motorcycle insurance laws. Indiana is an at-fault insurance state, which means that motorists at fault for traffic accidents must cover damages through their auto insurance coverage. Indiana laws require that motorcycle owners insure their motorcycles by meeting the minimum insurance requirements:
- Bodily injury coverage of $25,000 (one person)
- Bodily injury coverage $50,000 (per accident)
- Property damage coverage of $10,000
- Uninsured and underinsured motorist coverage is available as part of insurance coverage
- Motorcycle driving laws.
- Motorcycles can be operated with two riders abreast in a lane, if both riders consent
- Motorcycles have full use of a traffic lane
- Indiana driving laws require motorcycles to have the following equipment:
- Handlebars no more than 15 inches above the level of the driver’s seat when occupied
- Brakes on front and rear wheels
- Lamps or reflectors (not required for motorcycles manufactured prior to January 1, 1956)
- Rear view mirror, speedometer, mechanical or electric turn signals (not required for motorcycles manufactured prior to January 1, 1956)
Studies show that most motorcycle accidents result from other motorists’ failures to see motorcycles. At Ward & Ward Law Firm, we know the strategies that opposing counsel uses to defend their clients in motorcycle accident cases. Based on motorcycle laws in Indiana and other relevant case law, we develop our own effective counter-strategies to argue in our client’s favor.
Contact our reliable motorcycle accident lawyers in Indianapolis today
Contact Ward & Ward Law Firm online or at 317-639-9501. We offer free initial consultations and are available to speak with you 24 hours a day, 7 days a week.