Motorcycle Accidents
6 Accident Case Tips for Indiana Motorcyclists
Hoosier motorcyclists enjoy riding on Indiana’s open roads, but they also know they’re at more risk than the drivers and passengers of automobiles should an accident happen.
And while a number of motorcyclists ride defensively to help decrease the chances of a collision, there are times an accident may be unavoidable.
Before we look at 6 Tips to help Hoosier bikers protect their potential case, let’s review some important rules.
Overview of Indiana Motorcycle Laws
Motorcyclists are not only required to follow the general rules of the road, they must also adhere to Indiana’s motorcycle-specific laws:
- Helmets: All passengers and motorcyclists below 18 years must wear a motorcycle helmet.
- Lane splitting: Indiana Code 9-21-10-6 prohibits lane splitting (a motorcyclist riding between two lanes of vehicles heading the same way).
- Passengers: They can ride Class A motorcycles on a firmly fixed, regular seat made for passenger use.
- Headlamps: Motorcyclists must illuminate their headlamps when riding the motorcycle.
Motorcyclists need a valid Indiana driver’s license having a motorcycle endorsement. They can add the motorcycle endorsement on their license in 2 ways:
- Be at least 16 years and 90-days-old and complete an approved Ride Safe Indiana motorcycle safety program.
- Be at least 16 years and 270-days-old and pass a skills and written knowledge exam offered by an authorized Ride Safe Indiana training institution.
Once the endorsement is obtained, they must purchase minimum liability insurance coverage required by Indiana before riding on an open road:
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Free Case Review- $25,000 for the death or bodily harm to one person
- $50,000 for the death or physical injury of two or more individuals in an accident
- $25,000 for the destruction or damage of property in an accident
This is often referred to as “25/50/25 insurance coverage”. It offers the minimum amount of coverage needed to ride a motorcycle in Indiana. (Motorcyclists can also obtain higher levels of insurance coverage, which attorney Matt Boulton recommends.)
A motorcyclist will pay a fine and potentially have their license suspend for up to a year if it is determined that they are riding without the minimum motorcycle insurance. Also, they may be liable for the resulting damages.
Under Indiana Code IC 34-51-2, Indiana uses modified comparative negligence criteria. This means a person may seek compensation if their liability for the crash doesn’t exceed 50%. The settlement reduces according to the amount of shared responsibility.
Assuming the person is not more than 50% liable for the motorcycle accident, Boulton Law Group can help the client recover compensation for any losses.
6 Steps to Follow When Seeking Money for an Indiana Motorcycle Accident
1. Keep Your Protective Gear On
You may go into a state of shock after the motorcycle accident. While this experience can be stressful, remember to keep your protective gear on, including your helmet. The gear can prevent more suffering or worsening your injury if you fall at the scene.
2. Call 911 and Get Medical Attention
Check whether you’re hurt and check on any other person involved in the motorcycle accident. Call for medical attention, even when you think you haven’t been seriously injured.
You may experience an adrenaline rush after the crash. The adrenaline can mask your injuries. Delayed injuries may also not be evident immediately after the accident, and their symptoms can take days or weeks to develop. Delaying treatment can exacerbate your injuries and give the liable party’s insurance leeway. They can claim your injuries weren’t that bad, so you postponed treatment.
Then, call the police. The police will come to the scene, assess everything, and write an accident report. The accident report can help you when seeking a settlement.
3. Gather Information at the Accident Scene
After the crash, this step can seem challenging, but it can help your settlement efforts. Gather information such as witness statements, contacts, and the liable driver’s name, insurance company, and license plate number. You may also use your phone to take photos of the scene, property damage, your injuries, any traffic signs, and road conditions. These details can show you weren’t liable and prove the at-fault driver’s liability.
4. Contact an Indiana Motorcycle Accident Attorney
An Indiana motorcycle accident attorney can help protect your settlement by shielding you from any predatory tactics the liable party’s lawyers and insurance firms may use. The liable insurance company’s goal is to decrease the amount they have to pay out for your losses, while your attorney is tasked with ensuring you receive maximum compensation.
For example, an insurance company may use information from a recorded statement to decrease their liability. We have also witnessed victims unknowingly sign a document absolving the insurance company from covering their damages.
Matt helps to ensure his client’s rights are protected and advises them on what to do and say until the case is settled or won at trial.
5. Your Attorney Collects Documents and Files
Matt will document your damages from the motorcycle accident and handle the necessary paperwork. He will also analyze the accident, medical bills, doctor’s notes, accident report, lost wages, and emotional suffering to determine the value of your case. Further, he will contact the liable party and their insurance company for a settlement.
6. Your Attorney Fights for the Best Settlement
Matt uses the case facts to strengthen your bargaining position, forcing the liable party to settle. Most people in motorcycle crashes reach settlements out of court. If Matt recommends trial, he will aim to help prove the your innocence and show the liable party’s negligence caused the accident. Further, a judge or jury can order the at-fault party to pay a specific amount.
Learn More About Collecting Money for an Indiana Motorcycle Accident
Boulton Law Group can help you get a favorable settlement after a motorcycle crash in Indiana. If you have questions about your potential case, contact us today for a free case evaluation.