Fort Wayne Motorcycle Accident Lawyer

Accidents are unfortunate parts of our daily lives. Most people spend some time in a car on the road every day, and nearly everybody has an accident story. Whether you have been involved in an accident or gotten caught in an accident-related traffic jam, nobody is a stranger to them. Motorcycle riders are no exception, although their accidents may place them at greater risk for harm.

Motorcycle accidents can be especially dangerous because riders are not protected within an enclosed vehicle. The risk for serious or even fatal injuries is much greater, and recovery times are often longer. To make matters worse, drivers in cars and trucks often overlook motorcycle riders, striking them or causing them to run off the road. After a motorcycle accident, you deserve to be compensated for the carelessness of others.

If you were injured in an accident while riding your motorcycle, you can hold the responsible driver liable for your damages. Our Fort Wayne motorcycle accident attorneys can help you get compensation to cover your accident-related expenses. Call the offices of Wruck Paupore at (219) 322-1166 for a free initial case review.

How Insurance Works for Motorcycle Accidents in Fort Wayne

Drivers and motorcycle riders alike are required to carry insurance. In an accident, insurance is meant to cover expenses for things like medical bills, property damage, and more. States tend to fall under the categories of either no-fault or fault-based insurance laws.

Indiana is a fault-based state, which means that if you want compensation from the other driver, you must prove that they are the one who caused the accident. If you choose to file an insurance claim, you must file your claim with the other driver’s insurance, rather than your own. You must go back and forth with the insurance company until you reach a settlement agreement. If the insurance company declines to offer a settlement or the settlement is simply not enough, you can file a lawsuit against the driver.

If the other driver is uninsured, you can still sue them, but you are far less likely to get any money. Without assistance from insurance, drivers are often unable to pay the high cost of damages related to a motorcycle accident. If this sounds like your situation, our Fort Wayne motorcycle accident lawyers can help you. Your insurance should also offer coverage for accidents with uninsured motorists.

Can I file a Personal Injury Lawsuit for a Motorcycle Accident in Fort Wayne?

If you cannot reach a settlement agreement with the other driver’s insurance company, your best bet for compensation might be a personal injury lawsuit. Personal injury lawsuits must be filed within 2 years under Indiana Code § 34-11-2-4. If you miss this deadline, a court might be unwilling to hear your case unless you have a good reason. People who are incapacitated because of illness or injury can sometimes toll the statute of limitations and extend the deadline.

A lawsuit involves suing the other driver or drivers personally rather than going through their insurance. Although, they may turn to their own insurance to help them pay for your damages. A personal injury case could take a long time, depending on the complexity of the case and the willingness of the parties to compromise.

The process involves numerous pre-trial steps with which you will need an attorney’s help. If certain forms and paperwork are not filled out properly, your case might be stalled or even thrown out. Not to mention, numerous complex procedures must be followed. Our Fort Wayne motorcycle accident lawyers can help you with your lawsuit.

Be warned that comparative negligence laws under Indiana Code § 34-51-2-6 might prevent you from recovering the full extent of your remaining damages. Your damages could be reduced in proportion to your share of fault for the accident. For example, if the court deems you 20% liable, you will only recover 80% of your damages. If you are more than 50% responsible, you might be barred from recovering anything at all.

Determining Who Is At Fault for a Motorcycle Accident in Fort Wayne

As mentioned previously, Indiana is a fault-based state that uses a rule of modified comparative negligence when examining fault. Evidence of how the accident happened is crucial to proving fault in a motorcycle accident case. This evidence is also necessary to clear your name of any wrongdoing and counter any comparative negligence claims.

Photos and videos from the crash scene can help experts piece together the accident and possibly recreate it. Accident reconstruction experts can scientifically deduce what likely caused your motorcycle accident in more complex cases where both sides disagree over how the collision occurred.

Eyewitness testimony is also important. Police reports for accidents often contain identifying information about the drivers and any witnesses who saw the crash. While police reports are typically non-admissible hearsay, we can use them to track down witnesses who can testify about what they saw.

Fault in most motorcycle accident cases tends to be based on negligence. However, if you believe the other driver caused the accident on purpose, an intentional tort would be more appropriate. Speak with our Fort Wayne motorcycle accident lawyers about your case. Intentional torts are often connected to criminal charges for the at-fault party.

Motorcycle Safety Laws in Fort Wayne

Motorcycles generally must follow the same traffic laws as any other vehicle on the road. However, considering that motorcycles are built differently and must be operated differently than most cars, there are a few unique safety laws. Following motorcycle safety laws is a good way to reduce any possible comparative fault on your part.

First, Indiana imposes helmet requirements laws for motorcycle riders. Helmets must be worn while riding your motorcycle, and the helmet must be of the type prescribed by law. Some helmets are more akin to novelty items and do not actually offer any protection to riders. Wearing a helmet will help minimize your injuries and prevent your defendants from alleging that your own negligence made your injuries worse.

Other vehicles must treat motorcycles the same as they would treat another car. When other drivers fail to check for motorcycles, they can cause accidents and place riders at serious risk. Since motorcycles are smaller than cars, drivers do not always see them when making turns or changing lanes. While other drivers are responsible for looking out for motorcycle riders, keeping a safe distance from other cars while on your bike would be wise. Our Fort Wayne motorcycle accident attorneys can help you if you were struck by another vehicle on your motorcycle.

Contact Our Fort Wayne Motorcycle Accident Attorneys for Help

After an accident, you can file a lawsuit to hold the other driver liable for your injuries and damages. Our Fort Wayne motorcycle accident attorneys can help you get your expenses paid for. Call Wruck Paupore at (219) 322-1166 for a free case review.