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In West Lafayette, IN, many motorcycle accidents occur because of non-motorcycle drivers’ conduct. For example, motorcycle riders are often struck by motorists who were driving while distracted, speeding, or committing improper lane changes.
Fortunately, victims who are less than 50% at fault in their motorcycle accident can recover monetary damages for their hardships results from a crash. There are several types of damages that plaintiffs can file a claim for and recover in motorcycle accident cases. Our experienced attorneys can help recover the full range of compensation available to you.
If you were hurt in a motorcycle crash in West Lafayette, IN, we will review the details of your case for free. Get in touch with our West Lafayette motorcycle accident lawyers by calling (219) 322-1166.
Many motorcycle riders suffer collisions caused by other drivers’ negligence. There are several different forms of conduct on the road that can result in accidents and be considered negligence.
Speeding is a common cause of motorcycle accidents. Speeding drivers will have trouble noticing other vehicles and hazards on the roadway. Furthermore, motorists travelling at high speeds have a propensity to veer outside of their lanes and disobey traffic signals.
Crashes that occur at excessive speeds are more likely to lead to severe injuries.
Distracted driving is another common cause of motorcycle collisions in West Lafayette. Drivers become distracted when they take their eyes off the road, hands off the wheel, or attention off driving.
Improper lane changes are also a common cause of motorcycle accidents. Collisions caused by improper lane changes often occur on highways and in crowded urban areas.
Many motorcycle crashes occur because the operators of other vehicles are intoxicated and their judgement time is impacted. It is commonly believed that drunk driving accidents most often occur at nighttime, but the truth is that these accidents can occur at any time of day.
Lastly, improper left turns are another common source of motorcycle crashes. When drivers fail to yield the right-of-way before making left turns through intersections, devastating collisions can occur.
If you share a portion of fault for your motorcycle accident, you may still pursue payment for the injuries you suffered. However, the amount of compensation you recover may be reduced. According to I.C. § 34-51-2-5, damages awarded in motorcycle accident lawsuits will be assigned relative to each driver's percentage of fault in the accident. For example, if one driver was 30% responsible for the crash while the other motorist was 70% to blame, then the second driver would have to pay for 70% of damages caused by the accident while the first driver's potential recovery would be reduced by 30% of the total amount of damages from the crash. Furthermore, under I.C. § 34-51-2-6, if your portion of fault exceeds 50%, then you will not be able to recover anything.
Defendants and their insurance companies often attempt to shift blame onto plaintiffs in order to avoid paying the full value of their claims. Insurers may hire teams of people who will try to prove that their policyholders are not at fault.
Statutes of limitations establish time limits for filing specific types of lawsuits. According to I.C. § 34-11-2-4(a)(1), you will typically have two years from the date of your motorcycle accident to file a claim against the at-fault party. If you miss this filing deadline, it could cause you to forfeit your case.
While motorcycle crashes can occur nearly anywhere, these accidents happen more frequently in certain places than others. Riders should take caution when navigating through any of the following areas:
Unfortunately, a high number of motorcycle collisions occur at intersections in West Lafayette. Motorcycles are smaller and less visible than other vehicles, making them vulnerable to collisions when drivers fail to notice them. Additionally, some intersections experience heavy traffic, which can lead to congestion and a higher likelihood of collisions.
Motorcycle accidents are also prevalent on rural roads and highways. These locations are susceptible to accidents primarily because of their long stretches of open road and higher speed allowances. Many crashes occur on rural roads because fatigued or distracted drivers begin to drift outside of their designated traffic lanes. Moreover, on rural roads, limited access to emergency services could potentially delay medical assistance to injured riders.
Lastly, urban areas and congested traffic environments pose a significant risk of motorcycle accidents. The heavy flow of vehicles, frequent stops, and numerous intersections increase the likelihood of collisions. Motorcycles can easily become trapped in traffic or obscured by larger vehicles, making them susceptible to rear-end accidents and sideswipes.
Fortunately, after a collision in an urban area of West Lafayette, our motorcycle accident lawyers can help the victim pursue compensation.
Some states require riders to wear their helmets at all times. However, Indiana repealed its universal helmet law in 1977. As of 2023, only riders who are under the age of 18 or riders with learner’s permits must wear helmets.
Wearing a helmet can be an important safety measure that can save your life in the event of a crash. Helmets provide a protective barrier for the head, reducing the risk of traumatic brain injuries and fatalities in the event of an accident. Also, they protect against debris, flying insects, and adverse weather conditions, ensuring a safer and more comfortable riding experience.
However, wearing a helmet comes down to a personal choice. Many riders enjoy the freedom of the open road without wearing a helmet. If you are injured due to someone else’s negligence, they may not use your choice not to wear a helmet against you as an excuse to avoid responsibility for their actions.
When pursuing payment in a motorcycle accident case, you will likely have to present evidence that shows your collision occurred because of another party’s negligence. Several different types of evidence may be used to establish fault. For instance, any of the following may be utilized in your case:
Witness statements can be extremely valuable when demonstrating fault for a motorcycle accident. These statements come from individuals who either witnessed the accident as it happened or arrived at the scene shortly afterward.
Witnesses can provide oral and written testimonies that establish how or why your crash occurred. Accordingly, you should always attempt to exchange contact information with these witnesses if you can.
Surveillance recordings, such as those from security cameras or dashboard cameras, can also offer objective evidence to support your case. Like witness statements, these recordings can be used to establish the events that unfolded before, during, and after your motorcycle accident.
However, those in control of pertinent surveillance recordings may be hard to deal with. Support from our legal professionals can be very helpful when seeking to recover important footage in your case.
Furthermore, photos taken at your crash scene may be used to establish fault. Such photos can establish factors that contributed to your crash. For instance, photos of your badly damaged motorcycle may help prove that the other driver was speeding when they hit you.
Also, photos can be used to disprove another party’s arguments. If the driver who hit you states that your crash happened because of poor weather conditions, as opposed to their negligence, then photos from the scene depicting clear weather may discredit their assertion.
Accordingly, you should always attempt to take photos at the scene of your motorcycle accident if possible. During your free case review, our team will analyze any photos you took.
Expert witness testimony can be critical when proving fault for your motorcycle accident. These types of witnesses are usually called on to explain complex theories of fault.
For example, accident reconstruction experts, medical professionals, or mechanical experts may be called upon to provide expert testimony. These experts could explain the mechanics of the accident, assess your injuries, or evaluate vehicle defects. Their testimony carries significant weight in court as a result of their expertise, making it a potentially valuable component in proving fault in your case.
While your personal recollection of the accident is subjective, it is still a crucial form of evidence in your case. Your account of the events leading up to the accident, your actions, and observations can provide valuable insights into your perspective and actions at the time of the collision. Your testimony helps establish your version of the events and can be a compelling part of the evidence supporting your claim.
When you file a motorcycle accident case, you may be presented with a settlement offer from another party who wishes to resolve your case quickly. By accepting a settlement offer, you agree to dismiss your claim in exchange for a specified sum of damages. There are advantages to settling early. For instance, by settling before trial, you may save on expenses like witness fees and administrative costs. Further, settling early may result in your receiving compensation sooner.
Still, many at-fault parties in motorcycle accident cases try to settle quickly and cheaply. It is likely that the first settlement offer you receive will not reflect the true value of your claim. Therefore, support from the team at our law firm can be immensely valuable when evaluating any settlement offers made in your case.
If you suffered a motorcycle accident, call our West Lafayette motorcycle accident lawyers for a free case review at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
Contact Us:
Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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