A motorcycle accident can be one of the most devastating events a person can go through. Considering how exposed these riders are when they're on the road, they're often more likely to suffer severe injuries due to an accident. Even if a person survives a motorcycle crash, they have to go through an overwhelming and extensive process to recover damages from the insurance company. In most cases, the insurance company will offer a lowball settlement, which may not be enough to cover all the pain and suffering the victim experienced. The best thing a motorcycle crash victim can do in these cases is to contact an Indianapolis motorcycle accident lawyer for help. How can a motorcycle accident attorney help victims who are looking for better compensation? This article will answer that question and more. On the other hand, those who are currently going through the consequences of a motorcycle accident and want a professional to review their case can seek an evaluation by the team at Schuerger Shunnarah Trial Attorneys today.
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What Our Clients Have To Say
I have worked with Schuerger Shunnarah twice and they have been very helpful on my personal injury cases. They went above and beyond my expectations and did a great job both times.
- Ashley C.
Schuerger Shunnarah helped me receive a settlement on my case in just months. I was treated with respect and dignity. Thanks to their help, I have been able to get my life back to normal.
- Michael S.
They provided me with excellent service throughout my personal injury case. They were available to answer my questions and helped me understand the process. I am very grateful for them!
- Deshawn B.
Why Would Someone Need a Lawyer After a Motorcycle Accident in Indianapolis?
As mentioned before, Indianapolis motorcycle accidents can get messy fast. Going through the legal process of asking for compensation alone can be hard, and it may give the insurance company a bigger chance of offering poor settlements.
Motorcycle accident lawyers in Indianapolis can help victims navigate their claims. First, they will help the victim determine who was liable for the motorcycle accident. Then, they will assess the extent of all the damages suffered.
Finally, a motorcycle accident lawyer can help the driver determine which insurance coverage is available for their specific case. Some common options include:
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Bodily Injury and Property Damage Liability
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Uninsured Motorist Coverage
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Underinsured Motorist Coverage
In essence, a lawyer will help a victim navigate their Indiana motorcycle accident claim much more efficiently, including complex processes like negotiating with the insurer, filing a claim, and representing the victim in court.
Typically, motorcycle accident cases require someone with good communication and negotiation skills to get the victim the compensation they deserve for their serious injuries. The team at Schuerger Shunnarah is more than ready to help those victims.
Is Indiana an At-Fault State?
Indiana is currently an at-fault insurance state. This means that motorcycle accident victims who are found to be at fault for the accident must cover all their damages through their insurance policy.
Specifically, those who are 51% or more at fault cannot recover damages. On the other hand, those who are 50% or less at fault can get compensation.
The amount of compensation the rider gets will depend on different factors, including the degree of fault.
Does Indiana Require Motorcycle Helmets for Riders?
Yes. Riders under 18 or with a learner's permit are required by law to use a helmet. However, it's recommended for any rider, regardless of their age, to use a helmet since it's one of the most efficient pieces of gear that can prevent fatal injuries in most motorcycle accidents.
What Are the Common Causes of Motorcycle Accidents in Indianapolis?
Many factors can contribute to an accident with a motorcycle. This is why it's essential to hire a reputable Indianapolis motorcycle accident attorney who can navigate the case more efficiently.
Some of the most common causes of motorcycle accidents include:
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Tailgating
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Not giving the right of way to the biker
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Distracted drivers
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Opened car doors
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Reckless driving/speeding/drunk driving
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Head-on collisions
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Lane splitting/lane switching
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Poor weather conditions
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Sudden stops
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Dangerous road conditions
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Physical or emotional impairment
It's important to keep in mind that motorcycle accidents often happen because of the recklessness of a car or truck driver. However, if the motorcycle rider is also driving recklessly or not following road safety laws, they may be liable for some of the damages.
The best thing to do in these scenarios is to talk with Indianapolis motorcycle accident attorneys to determine who is truly at fault for the accident.
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Who Can Be Liable for a Motorcycle Accident in Indianapolis?
As it happens with car accidents, there may be one or multiple liable parties in personal injury cases involving a motorcycle. The motorcycle accident lawyer team at Schuerger Shunnarah will help the victim determine who is at fault and what to do based on that information.
Depending on the case, the liable party may be:
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The driver of another vehicle
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The driver of the motorcycle
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The manufacturer of the motorcycle
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The manufacturer of a motorcycle part that got damaged unexpectedly
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A government entity or municipality
What Are the Most Common Damages a Victim Can Get Compensated for?
Unfortunately, motorcycle riders are more likely to experience fatal injuries after an accident due to how exposed they are while driving. Knowing what damages the victim sustained is essential when calculating how much their personal injury lawsuit is worth.
Some of the most common injuries/damages a person can get compensated for include:
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Medical bills
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Lost wages
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Pain and suffering
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Mental anguish
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Scarring or disfigurement
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Punitive damages
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Loss of quality of life
What Happens in the Case of a Wrongful Death?
Wrongful death can be more complex when it comes to a motorcycle accident. If a loved one was involved in a motorcycle accident that took their life, the mourning victim can seek damages for:
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Loss of inheritance
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Burial/funeral expenses
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Loss of consortium
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The deceased's pain and suffering before they passed away
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The deceased's medical bills prior to their death
Client Testimonial
They were polite and really cared throughout the entire process and made me feel like my case was important. I would highly recommend them to anyone that didn’t get a fair offer from the insurance company like me!
- Brian D.
What Should a Victim Do After a Motorcycle Accident in Indianapolis?
Most motorcycle accidents are overwhelming for all the parties involved, so knowing what to do right away can be tricky.
First, if the accident was minor, and the victim didn't sustain major injuries, they should find a safe spot to be. However, the victim cannot move too far away from the scene or move the bike, as Indiana law states that the people involved in the accident must remain there.
Once the victim is in a safe place, they should call the police and an ambulance to get immediate medical attention. Some people don't notice their injuries until a short time has passed, so it's essential that they don't wait too long to get checked. On the other hand, calling the police is important to get a report that could be used as evidence later.
Next, the victim should take photos and videos of the scene (if possible). All of those items will serve as evidence when building a case. If there were any witnesses nearby, the victim should try to get their contact information.
One of the final things to do after an accident is to call an Indianapolis motorcycle accident attorney, as they will guide the victim on everything they must do moving forward. It's not recommended to talk to the other party involved in the accident about who was at fault, as Indiana works with a shared fault law, and the other person may use the victim's words against them.
Once the victim starts getting legal advice from a lawyer, they can inform their insurance company about that. It's not recommended to talk to the insurance provider before calling a lawyer, as they may try to offer lower settlements later if the victim doesn't get the right guidance.
What's the Indiana Statute of Limitations for Motorcycle Accidents?
Indiana Code (§ 34-11-2-4) states that victims have two years from the date of the accident to file a personal injury claim. Failing to meet this deadline could result in the victim not being able to recover damages.
Even if the state gives victims two years to file their claim, it's still recommended to file a lawsuit as soon as possible. Generally speaking, the sooner the victim files a claim, the higher the chances of getting proper compensation.
Indiana Motorcycle Accident Information Center
What Makes the Lawyers at Schuerger Shunnarah the Right Option for Motorcycle Riders in Indianapolis?
One of the key factors in winning a battle with an insurance company is to work with a professional law firm.
The experienced personal injury attorney team at Schuerger Shunnarah has talent from insurance companies who started to work with them, offering insider knowledge of the most common practices these providers do to offer lowball settlements.
All this knowledge gives the legal team at Schuerger Shunnarah the upper hand when negotiating a better settlement. Moreover, these lawyers will provide the victim with all the legal information they need about the case.
Most of the time, people aren't sure of what their rights are after experiencing an accident surrounding motor vehicles, which makes them more likely to make a mistake when negotiating.
Negotiating insurance coverage after a motorcycle accident is vital, as some expenses (like medical expenses) can easily add up and put extra stress on the victim's life. Thankfully, the team at Schuerger Shunnarah will take care of the hard work on behalf of their clients and get them the compensation they deserve.
Bottom Line - Contact Our Indianapolis Motorcycle Accident Lawyers Today for a Free Case Evaluation
The Schuerger Shunnarah Trial Attorneys are known for winning cases against big insurance companies. Their goal is to ensure their clients aren't hurt financially during these hard times, which is why they use insurance companies' biggest secrets to their advantage.
Those interested in knowing more about how this law firm can help them after a motorcycle collision in Indianapolis, Indiana, can contact it today for a free case evaluation.
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