Motorcyclists, like pedestrians and bicyclists, are vulnerable in a traffic collision because of the lack of protection the rider has from the impact and aftermath of the collision. In many cases, a motorcyclist suffers life-threatening or traumatic injuries in a motorcycle crash. Tragically, thousands of people are injured or killed in motorcycle crashes each year.
During 2016, 5,286 riders were killed in the United States in motorcycle crashes, which was a 5.1 percent increase from the previous year. In Indiana in 2016, 100 motorcyclists lost their lives, and 2,322 were injured in motorcycle accidents. Sadly, motorcyclists continue to be injured and killed each year in accidents they did not cause.
The Indianapolis motorcycle accident attorneys of Poynter & Bucheri, LLC assist accident victims in filing injury claims. You may be entitled to receive compensation for your injuries. In the event of a traumatic injury or permanent disability, the compensation for damages could be substantial.
Call 1-800-265-9881 or (317) 780-8000 for your free consultation with an Indianapolis motorcycle accident attorney with Poynter & Bucheri, LLC.
Common Injuries in Motorcycle Accidents
A motorcyclist often suffers devastating and traumatic injuries in a collision because the rider is either thrown from the motorcycle or crushed or run over by the other vehicle. It is crucial that you seek immediate medical treatment for your injuries, regardless of the severity of those injuries. In some cases, you could have suffered a serious injury that does not present symptoms until hours or days after the crash. For instance, you may not notice symptoms of a brain injury or internal organ damage for a few days.
Some of the common injuries sustained by motorcyclists and their passengers in a collision include:
- Traumatic Brain Injuries (TBIs), closed head injuries, penetrating head injuries, and other brain injuries
- Fractures and broken bones
- Injuries to the face, wrists, ankles, knees, and elbows
- Spinal cord and back injuries
- Neck and shoulder injuries
- Internal bleeding and damage to internal organs
- Paralysis or other permanent impairment
- Scarring and disfigurement
- Infections and other complications from injuries
- Severe burns and abrasions
Never delay medical treatment after a motorcycle accident. Insurance companies search for ways to deny motorcycle accident claims. A delay in medical treatment can give the insurance provider a reason to argue that your injuries are not as severe as you claim or your injuries were not sustained in the crash. Had you truly been injured, you would have sought medical treatment immediately following the crash.
You Can Talk to Someone Now About Your Motorcycle Accident!
Call 1-800-265-9881 or (317) 780-8000 or visit our contact page to request a free case review. You can also chat with a representative 24/7 online to get answers to your questions about filing a motorcycle accident claim in Indiana!
Motorcycle Accidents in Indiana and Modified Comparative Fault
Indiana is a fault insurance state for accident claims. To recover compensation from another party, you must prove that the other party was “at fault” for the motor vehicle accident. In other words, you must provide evidence that proves the other party was responsible for the cause of the motorcycle accident. In addition, you must prove that the crash caused your injuries and you suffered damages as a result of the crash.
Sadly, motorcyclists have an unfair reputation for being reckless and aggressive motorists. While this stereotype is unfounded and simply not true, an insurance company will use the stereotype to blame the motorcyclist for the accident. If the insurance company can convince a jury or judge that you caused the crash, it is not required to pay your damages under Indiana’s fault laws.
However, it is important to understand that the insurance company does not need to prove you were 100 percent at fault for the motorcycle crash. Under Indiana’s Modified Comparative Fault laws, the company only needs to prove that you were more than 50 percent at fault for the crash to avoid paying you any money for your injury claim. This defense strategy plays to juror bias related to negative stereotypes for motorcyclists.
Another way to use Modified Comparative Fault is to convince the jury you were partially at fault for the crash. Any percentage of fault under 50 percent allows you to recover compensation, but it reduces the amount you may receive by the percentage of fault assigned to you by the jury.
For instance, if the jury determines you were 30 percent at fault for the crash because the jurors believe you were speeding at the time of the collision, your compensation is reduced by 30 percent. Instead of receiving $275,000 for your claim, the maximum compensation you can receive is $175,000 (total damages less 30 percent).
Do Not Allow the Insurance Company to Take Advantage of You
Insurance adjusters use various tactics to gain information the company can use to fight your injury claim. Do not provide a recorded or written statement or sign any releases, including medical authorizations, until you consult with our Indianapolis motorcycle accident lawyer.
The PBAR legal team has extensive experience handling motorcycle accident claims. We understand how to fight unjust and unfounded stereotypes. Our lawyers understand how insurance companies operate and how to fight unethical tactics designed to deny or undervalue a valid Indiana motorcycle accident claim. Call 1-800-265-9881 or (317) 780-8000 now to learn more about your legal rights and options for recovering compensation for your motorcycle accident claim.
PBAR Helps Motorcycle Accident Victims Recover the Money They Deserve from Negligent Parties
You may be entitled to receive substantial compensation for your injury claim. Our Indianapolis motorcycle accident attorneys can help you recover compensation for property damage, lost wages, medical expenses, pain, permanent impairments, suffering, and future damages.
Do not let an insurance adjuster tell you that you do not need an attorney. The adjuster does not work for you, even if he works for your insurance provider. The adjuster for the other party is attempting to pay as little as possible to settle your claim. You need a trusted legal advocate on your side whose only priority is recovering the maximum allowable compensation for your injuries, damages, and losses.
For a free consultation with an attorney from Poynter & Bucheri, LLC, call 1-800-265-9881 or (317) 780-8000 now.