South Bend, IN Motorcycle Accident Lawyer

Riding a motorcycle is thrilling, economical, and, unfortunately, dangerous. Even the most prudent and skilled rider is vulnerable to the reckless conduct of other drivers. The “innocent” act of opening a car door could result in a life-altering accident for an unwary motorcyclist. These exciting vehicles provide their riders with little to no protection and are often difficult for other motorists to see.

Lawsuits and insurance negotiations after a motorcycle crash are very different from those that follow an accident involving a car, truck, or other vehicles. An accident victim needs experienced legal counsel. Our South Bend, IN motorcycle accident lawyers have handled many challenging motorcycle claims and are here to aggressively fight for your rights.

Injuries sustained in a motorcycle crash could have a lifelong impact. An accident victim could require multiple surgeries, months of physical rehabilitation, and years of pain management medication. This type of medical care will also impact a person’s ability to work. You need a law firm that understands challenging motorcycle claims. Call Wruck Paupore at (812) 362-5308 to discuss your case.

Why a South Bend Motorcycle Accident Case is Different From Car Crash Case

Several factors distinguish a motorcycle accident claim from an ordinary car crash case. Our South Bend, IN motorcycle injury lawyers understand the complexities involved in negotiating or litigating an injury claim.

Motorcyclists Suffer More Serious Injuries and Deaths

According to the National Highway Safety Administration, motorcyclists and their passengers are more likely to suffer deadly injuries in an accident than someone in a passenger vehicle. Additionally, they are five times as likely to be severely injured. The reasons for this are obvious; motorcycles provide no real protection and a rider involved in a crash will impact another vehicle or the roadway. These extreme forces often lead to spinal cord damage or traumatic brain injuries – especially if the rider was not wearing a helmet. The medical expenses and other damages are usually significantly higher in a motorcycle case.

Other Motorists Often Fail to See Motorcycles

Many motorists automatically look for other passenger vehicles or trucks when driving. Unfortunately, motorcycles, with their small profile, sometimes blend into the background. One common cause of motorcycle accidents is another motorist making a left-hand turn while failing to notice an oncoming rider. Motorcyclists are also lost in blind spots. Defense lawyers and insurance companies will blame a motorcyclist’s recklessness instead to excuse their client’s lack of attention.

Motorcyclists Are Susceptible to Road Defects and Hazards

Construction, repaving, and ordinary wear and tear leave many roads in South Bend in a state of disrepair. Loose gravel, ruts, and potholes pose little danger to large passenger vehicles. However, these hazards could prove catastrophic to a motorcyclist. Many motorcycle crashes are caused by defects and hazards on the road surface.

Lack of Evidence

Some of the best evidence available after a crash is immediately following the crash. Many accident victims help their cases by taking photographs of the scene or talking with witnesses. Unfortunately, many motorcyclists are too seriously injured to engage in such activity. Additionally, it might take an injured rider days or weeks before contacting an attorney. The next best thing you can do if you are unable to document the scene is to contact our South Bend, IN motorcycle accident lawyers immediately so we can begin investigating your accident.

There is a Prejudice Against Motorcyclists

There is a cultural bias against motorcyclists. Many people buy into a stereotype that they are reckless. This prejudice can become a challenge in a motorcycle accident case. For example, a witness might place more blame on the motorcyclist, even though the other driver was clearly at fault. Even a police report might not be as favorable to a rider. Insurance companies understand these biases and will often offer an injured rider a lower settlement. Our South Bend, IN motorcycle accident attorneys know how to combat these stereotypes.

Helmet Laws in South Bend, Indiana

You cannot discuss a motorcycle accident case without reviewing Indiana’s helmet law. Currently, Indiana does not have a law that requires a rider to wear a helmet with limited exceptions. If you are under 18 or are operating the bike with a learner’s permit, you must wear a helmet.

While it is legal to ride without a helmet, if you are injured in an accident, an insurer will try to use the lack of head protection against you. Indiana follows a modified comparative fault rule. Under this rule, an accident victim could be barred from receiving any compensation if their conduct contributed 51 percent or more to the crash and injuries. If the percentage of fault is lower than 51 percent, the injured victim is entitled to compensation. However, it will be reduced by their percentage of blame.

To illustrate this, imagine you suffered a head injury in a motorcycle crash. An insurance could claim that the lack of a helmet, even though it was legal, contributed 40 percent to your injuries. If a jury agrees and awards you $100,000 in compensatory damages, it would be reduced to $60,000. This could also impact what an insurance company offers you, as it will base a settlement offer on what a jury is likely to decide. Our South Bend, IN motorcycle accident lawyers not only work to prove another party was liable for your injuries, but we also defend your actions.

South Bend, IN Motorcycle Accident Lawyers Providing Experienced Legal Representation

Every personal injury case has its own set of challenges. When you are a motorcycle crash victim, those challenges often increase exponentially. Our South Bend, IN motorcycle accident lawyers understand that your case is more complicated than an average automotive vehicle case. To put that experience and knowledge to work for you, call Wruck Paupore at (812) 362-5308.