The aftermath of a motorcycle accident can be devastating for everyone involved. Victims may be left with painful physical injuries, long-term emotional trauma, unbearable losses, and mounting medical bills.
However, an injured rider may be entitled to compensation for such damages if the accident where they were harmed resulted from another person's negligent or reckless actions. In these cases, victims must file a personal injury claim.
What should individuals do to recover compensation if they were injured in a crash caused by someone else? This article contains valuable information about the process for filing a motorcycle accident claim in Indiana.
What Should Motorcycle Riders Do After an Accident?
Whether they want to recover the costs of repairing a motorcycle that was damaged in a car accident or get compensation for medical expenses related to their injuries, victims of a traffic crash can choose between two legal options:
File a claim with the at-fault party's insurance company
Take the case to trial through a personal injury lawsuit
Steps to File an Insurance Claim
Since Indiana is a fault-based state, motorcycle riders who were injured in an accident caused by someone else can file a claim with the liable party's insurance company to recover compensation.
This is what the process would look like:
The injured person files a motorcycle accident claim with the other party's insurance company, adding the required documentation, such as medical records to prove the value of the damages.
The insurance adjuster reviews the claim and decides whether to accept or deny it.
If the claim is accepted, victims' attorneys and insurance companies' representatives can begin the negotiation process to settle the case.
If the claim is denied or both parties cannot reach an agreement, injured people can file a motorcycle accident lawsuit with the appropriate court.
Steps to File a Motorcycle Accident Lawsuit in Indiana
Below are the steps that motorcycle accident victims must complete if they're planning to file a personal injury lawsuit against the person or entity that caused the crash where they were harmed.
1. Seek Medical Attention
After a motorcycle accident, it's crucial to seek immediate medical attention. Even if they believe they haven't sustained severe injuries, riders should still be evaluated by a seasoned doctor.
Prompt medical attention ensures victims receive the necessary treatment and establishes a clear history of their injuries. This documented record can serve as evidence to build a strong case and prove motorcycle accident claims before a jury or judge.
2. Gather Evidence at the Scene
While waiting for medical attention, if they're safe and their condition allows, riders should document the accident scene as thoroughly as possible.
Ideally, victims should take pictures or record videos of their injuries, the damage to their motorcycle, and the overall scene. It's also important to collect contact information from any witnesses who may have observed the accident.
Riders should also try to gather the at-fault driver's contact details, including their insurance information and license.
3. Get Legal Guidance
The next step is to consult with an Indiana motorcycle accident lawyer. It may be convenient to hire a motorcycle accident lawyer in Indianapolis. Seasoned attorneys can be invaluable assets for an injured rider, as they can do the following:
Guide victims through the complexities of the legal process
Help injured people understand their legal rights
Investigate motorcycle accidents thoroughly
Gather additional evidence
Determine the most effective course of action
Indiana has a two-year statute of limitations for filing personal injury lawsuits. If they consult with a motorcycle accident attorney right after the crash, injured riders can make sure they meet this critical deadline and don't miss out on the opportunity to recover compensation. These attorneys can also help with how to file a lawsuit for truck accident in Indiana.
Understanding Indiana's Motorcycle Laws and How They Work
Since Indiana follows a modified comparative negligence system, a rider's compensation can be reduced by their percentage of fault if the judge or jury determines that they contributed to the motorcycle accident or their injuries.
Indianapolis motorcycle accident lawyers can help injured riders understand these laws and calculate the damages they could recover based on the facts of their cases. They know how to file a lawsuit for bicycle accident in Indiana as well.
Recoverable Damages in a Motorcycle Accident Lawsuit
In Indiana, riders who file a strong motorcycle accident lawsuit may be able to recover the following damages:
Medical bills
Lost wages or reduced earning capacity
Pain and suffering
Emotional distress or psychological trauma
Motorcycle repair or replacement costs
Factors that May Affect the Outcome of the Case
The specifics of each case will vary depending on the unique circumstances of the motorcycle crash. Below are some factors that may influence the legal process and the outcome of a lawsuit:
Severity of injuries: The extent and severity of the rider's injuries significantly impact the value of their case. If they're severely harmed, victims typically recover higher compensation amounts.
Motorcycle helmet usage: While Indiana doesn't have a mandatory helmet law for riders who are over 18, not wearing this accessory at the time of the accident could negatively affect the case. Insurance companies and defendants may argue that victims' failure to wear the necessary protective equipment contributed to or worsened their injuries.
Shared responsibility: If more than one individual or entity is found to be liable for the accident, the compensation amount will be determined based on the percentage of fault attributed to each party.
Is It Always Necessary to Hire an Indianapolis Motorcycle Accident Lawyer?
An Indianapolis motorcycle accident lawyer with a proven track record of handling these cases can be a powerful advocate for an injured rider.
As mentioned, attorneys can help victims understand their legal rights, handle negotiations with insurance companies on their behalf to maximize their compensation through a fair settlement, and represent them in court if the case goes to trial.
Final Thoughts
Motorcycle crashes can be life-altering events. The physical, emotional, and financial burdens placed on the injured rider are often overwhelming.
Understanding their legal rights and taking decisive action is crucial for victims. By seeking immediate medical attention, gathering evidence at the scene, and consulting with an experienced Indiana motorcycle accident lawyer, the rider can ensure they're safe and explore all available options to recover compensation for their damages.
Also, it's important to know that the right legal representation can make a significant difference in the outcome of a motorcycle accident case.
Contact Schuerger Shunnarah Trial Attorneys Today!
In Indianapolis, Indiana, motorcycle accident victims have the legal right to get guidance from an attorney and take legal action against the party that caused their injuries.
At Schuerger Shunnarah Trial Attorneys, we understand how devastating these crashes can be. Therefore, we're committed to guiding injured motorcycle riders through the legal process to recover compensation.
Our Indiana motorcycle accident lawyers are ready to go to war for our clients. Contact us today and schedule a free consultation!