Anyone who’s ever ridden a motorcycle in Indianapolis, Indiana, knows the feeling of freedom that comes with riding a bike on the open road. However, while motorcycles are a source of joy for countless people, they leave riders more vulnerable to the dangers posed by other road users.

If you’ve been injured in a motorcycle crash, an experienced Indianapolis motorcycle accident lawyer could help you recover compensation. Compensation is especially critical in motorcycle accident cases; because you’re much more exposed on a motorcycle, you might suffer catastrophic injuries in an accident while the other driver walks away without a scratch.

At SLG Accident Attorneys, we understand the challenges motorcyclists face on the road and in the legal system. If you’ve been involved in an accident, contact us to speak to a skilled motorcycle accident attorney in Indianapolis, Indiana, today.

How Often Do Motorcycle Accidents Happen  In Indianapolis, Indiana?

In 2022, Marion County had the most motorcycle-involved crashes of any county in Indiana: 359 in total. Some of these crashes were more severe than others. Here’s how they break down by injury status:

  • Fatal Crashes: 18
  • Incapacitating Injuries: 144
  • Non-Incapacitating Injuries: 73
  • No Injuries: 124

Indiana as a whole had 2,885 motorcycle accidents in 2022 — a five-year high. That might sound bleak, but there is a silver lining. Motorcycle fatalities have continued to decline since a recent peak in 2020:

  • 2018: 112 fatalities
  • 2019: 112 fatalities
  • 2020: 142 fatalities
  • 2021: 131 fatalities
  • 2022: 123 fatalities

It remains to be seen whether this trend will continue. However, because one of the goals of Indiana’s Triennial Highway Safety Plan is to reduce motorcycle fatalities and the number of unhelmeted drivers, there’s reason to be optimistic.

To learn more about Indianapolis motorcycle crash statistics, contact our experienced Indianapolis motorcycle accident lawyers today. We offer free case evaluations and are never too busy to speak with you.

What Is Causing These Motorcycle Accidents in Indianapolis?

Reducing the number of motorcycle fatalities each year is a noble goal, but in order to effectively prevent crashes, riders and decision-makers must first understand what’s causing motorcycle accidents.

These are some of the most common accident causes our attorneys have seen.

Speeding

Excessive speed can turn a minor fender bender into a serious accident — or turn a serious accident into a catastrophic collision. Because motorcyclists are not protected by the frame of a vehicle, high-speed crashes are especially likely to lead to catastrophic injury or death.

Impaired Driving

Operating any vehicle under the influence of alcohol or drugs is dangerous. Recent research suggests that motorcyclists may have higher rates of impaired driving than operators of other vehicles. Here’s a breakdown of impaired Indiana drivers as a percentage of drivers in fatal collisions. This data comes from 2022:

  • All Vehicle Types (Average): 9.4% of drivers in fatal crashes were impaired
  • Motorcycles: 18.2% of drivers in fatal crashes were impaired
  • Passenger Cars: 10.4% of drivers in fatal crashes were impaired
  • Pickup Trucks: 6.3% of drivers in fatal crashes were impaired
  • SUVs: 6.2% of drivers in fatal crashes were impaired
  • Vans: 3.8% of drivers in fatal crashes were impaired

While impaired motorcyclists can cause accidents, they also can be injured or killed in accidents caused by impaired drivers.

Left Turns

Because motorcycles are so much smaller than cars, drivers may have a harder time seeing them, particularly when visibility is poor.

A driver making a left turn might not see an oncoming motorcyclist. When the driver executes the turn, the approaching motorcyclist doesn’t have time to stop, and the motorcycle crashes into the side of the car.

Vehicle Doors

If a motorcyclist is riding down a street where cars are parked, there’s a risk of dooring. This is when someone in a parked car opens a vehicle door directly into the path of an oncoming motorcyclist. The motorcyclist could either crash into the car door or swerve to avoid it. Either option can cause a serious accident.

Lane Splitting and Unsafe Lane Changes

Lane splitting is a practice where motorcyclists ride between lanes of traffic while going in the same direction. Drivers on the road may not see a motorcyclist who is not in a designated lane. If a driver slightly ahead of the motorcyclist changes lanes, the motorcyclist may rear-end the vehicle.

Unsafe lane changes — whether done by motorcyclists or other drivers — can also cause motorcycle crashes. Switching lanes abruptly, failing to signal before changing, and failing to check blind spots are all examples of unsafe lane changes.

Negligent or Aggressive Drivers

Unfortunately, even the most careful motorcyclist can suffer serious or even fatal injuries if other drivers on the road disobey traffic laws. These driving behaviors are very likely to cause accidents:

These behaviors put everyone on the road at risk. However, because motorcyclists are far less protected, what might be a minor accident to someone in a car or truck could be catastrophic for a motorcyclist.

Young Drivers

Young drivers tend to be disproportionately involved in vehicular accidents. In 2022, 39,028 young drivers (defined as drivers aged 15 to 21) were in Indiana car accidents. Young drivers made up 11% of all collision-involved drivers.

For immediate legal assistance from an experienced Indianapolis motorcycle accident attorney contact our legal team today. We offer free consultations and can help you understand your options after a an accident or injury in Indianapolis, Indiana.

How Do I Know If I Have a Case?

There are a few questions that you can ask yourself if you want to know if you have a case:

  • Is the other party at fault? If the driver of the other motor vehicle is at fault, you can file a lawsuit. If you aren’t to blame, you can hold them liable and seek compensation for your damages. Your case will be strong only if you can prove it.
  • Do I have bruises caused by the accident? If you are in pain and suffering, you may file a lawsuit. The jury will consider your medical bills and lost wages. It is important to seek medical attention immediately after an accident, even if you think you aren’t badly injured. This will help you determine the severity of your injuries and get the help you need. And remember, don’t throw away your medical records; they can be used as evidence.
  • Did I incur any damages? For example, you may file a lawsuit if your motorcycle is damaged in the accident. Don’t forget to record the damage by taking photographs or having the bills from the repair shop. Helmets and other protective gear destroyed can also be compensated.
  • Do I have strong evidence to prove my case? Depending on your evidence — medical records, witness testimonies, and police records — you can determine how strong your case is. You must gather all the evidence you can as soon as possible before it is lost or destroyed.

If you are still trying to decide whether you have a solid case, hire a skilled and experienced Indianapolis motorcycle accident lawyer to help you with the process. They can help you prove who’s liable, get proper compensation, and gather the necessary evidence.

Should I Call the Police After a Motorcycle Crash?

It’s vital to call the Indianapolis police department immediately after a motorcycle crash. This is because of the following:

  • If people are injured, the police will get them medical help immediately. The injuries might not seem apparent initially, but they can manifest afterward. It’s better to be safe than sorry.
  • The police will write down every detail of the accident, including the place, time, and names of those affected. They will also interview those who witnessed the scene and take photographs. This may be used as evidence.
  • They will assemble evidence such as debris and skid marks. This can determine who is at fault. If you don’t call the police immediately, it may be impossible for the lawyer to collect evidence later.
  • The police record can be used as evidence when making an insurance claim or filing a lawsuit. Legal forces will trust it to be the most complete and objective incident record.
  • Sometimes, insurance companies will not consider your claim if you haven’t filed a police report. They may not see the accident as serious if the police aren’t involved. A police record will also prevent the other party from making exaggerated claims.

Before the police arrive, you need to check yourself for injuries and remain silent until they come. Calling the police ensures all parties’ safety and protects your legal rights.

Can I Sue for The Injuries I’ve Sustained?

Yes, you can sue if you were involved in a motorcycle accident and suffered injuries.

To put the legal responsibility on the other person, your legal representative will examine the situation and assemble evidence proving that the other party didn’t follow the rules and crashed your vehicle. They also have to prove that the collision made you sustain injuries. If your lawyer can prove all the above, the other party will be liable for the damages in court.

If the opposite party has insurance coverage, you may decide whether to deal with the insurance company directly or file a personal injury lawsuit against them. However, the latter is usually the best option of the two.

You should be aware that the state of Indiana has a time limit for filing personal injury cases. For the case to be valid, you must file it within two years after the accident occurred. Furthermore, be aware of the local state laws concerning these cases.

You can seek the help of your Indianapolis personal injury lawyer to consider your legal options. And having a knowledgeable attorney on your side increases the possibility that your personal injury case will result in a positive outcome for you.

What if I Was Partially at Fault for the Motorcycle Accident in Indianapolis?

Under Indiana Code (IC) Section 34-51-2, you can still recover compensation if you were partially at fault for your accident. Indiana is what’s known as a “modified comparative fault” state. This means that as long as you were not more at fault for your accident than the other party, you can still attempt to recover compensation.

Keep in mind, though, that any compensation awarded to you will be reduced based on your share of fault. For example, if you are 40% at fault and your losses are $100,000, you would receive $60,000.

Determining your degree of fault can be a challenge. However, a skilled attorney can look over your case and help you understand your options.

I Wasn’t Wearing a Helmet, How Does That Affect My Indianapolis Motorcycle Accident Claim?

According to Indiana rules and regulations, only minors (under 18) should wear helmets while riding a motorcycle. There is no specific law telling adults to wear head protection. This doesn’t mean that not wearing a helmet will not affect your claim; it will.

You will still receive compensation, but it will not be the compensation you would’ve gotten if you wore a helmet. Indiana is a “comparative at fault“ state, which means you may still receive payment for your damages even if you are partly at fault.

However, insurance companies can claim that you contributed to the severity of the injuries. On the other hand, while filing a lawsuit, the jury can say that you were negligent.

To secure as favorable a judgment as possible for you if you were not wearing a helmet at the time of the accident, hire an experienced Indianapolis motorcycle accident lawyer to help you. They can use their knowledge of federal and state laws to build a strong case for you.

Note that it is important to wear helmets even if it isn’t required by law for most residents. It protects you from injuries, especially head trauma, during an accident. If you wear a helmet, wear a DOT-approved helmet. This will increase your chances of getting full compensation.

What Are Indiana Laws for Lane Splitting and Lane Filtering?

Lane splitting and lane filtering are both controversial practices. Lane splitting is when a motorcyclist rides between lanes of traffic going in the same direction. This practice is especially dangerous for a number of reasons:

  • Motorcyclists will often be in the blind spots of drivers
  • They have less time to react to changes in traffic
  • They have less space to maneuver

Lane filtering is when motorcyclists move between lanes of stopped traffic. While it can be hazardous, it’s generally considered to be less likely to cause accidents than lane splitting.

All motorcyclists need to know that lane splitting is illegal in Indiana and across most of the country. Legislators have passed laws specifically banning the practice in 40 states.

However, if you were lane-splitting at the time of your accident, you may still be eligible for compensation. An attorney can review your case and help you determine whether it’s in your best interests to pursue a motorcycle accident injury claim.

What Type of Evidence Will Help Me With My Case?

You must gather the necessary evidence for your case to prove that the other party is at fault. The following evidence is needed:

  • Police records:  The police record can be presented to the court, which includes what caused the accident or any charges given to the parties affected.
  • Witness statements: Witnesses can be questioned, and they will disclose to the court who is liable between the two parties.
  • Accident reconstruction: An accident reconstruction specialist will collect physical evidence, such as vehicle damage or skid marks, and analyze the incident in detail.
  • Medical records: Another piece of evidence could be your medical records, pointing to the injuries you have incurred in the accident.
  • Traffic laws: If you can prove that the other party has violated traffic rules, such as not stopping at a red light, this can be put towards the evidence.

The specific evidence needed for an accident varies according to the particular details of the accident. An Indianapolis motorcycle accident attorney will help you assemble the necessary evidence and build a solid case for yourself.

I Was Injured in a Motorcycle Crash But Didn’t Have Insurance. Do I Still Have a Case?

In Indianapolis, Indiana, it isn’t legal to ride a motorcycle without insurance. Your legal options are limited, but here are a few:

  • Contact an experienced attorney as soon as possible. They can help you determine which Indiana laws apply to a motorcycle accident case and liaise with insurance companies. This can protect you against devious ploys insurance companies use to avoid paying for settlements.
  • You may be compensated if you can successfully prove that the other party is at fault by collecting the necessary evidence. However, the compensation will be limited, but that is the price you must pay. You will receive the payment only if you sue them directly.

If you can’t do the above, you will be legally required to pay for the damages incurred by the other party. It is vital to have insurance coverage for your motorcycle as it will make your legal situation less complicated. Furthermore, you can also face criminal charges like a fine for not having insurance coverage. So, the taking away point is always to insure your motorcycle.

Factors That Affect Settlement Amounts

There are several factors that can affect settlement amounts, including:

  • Who was liable for the accident? You will receive a higher settlement amount if the other party has been proven liable. If it is shared, the settlement amount will be different. As we discussed above, Indianapolis follows a “comparative fault” rule. This means that if you win, even if you were partly at fault, you will also receive compensation.
  • How severe were the injuries? If the injuries are severe, the settlement amount reflects the victim’s suffering. The effect of the injury before and after the incident is also considered when determining how much the settlement should be.
  • How costly were the medical expenses? All medical bills concerning the accident are accounted for, including hospital stays, surgeries, and rehabilitation.
  • How much income did you lose? Your lost income is accounted for if you missed work because of the accident. This involves part and future lost money.
  • How much does the insurance cover? Your settlement will be low if the other party isn’t fully insured.
  • Attorney’s fees – Attorney fees, including the cost of medical specialists, court cases, and others relating to the case, are considered.

Indianapolis, Indiana

There are some great places for Indianapolis bikers to ride in Indiana. Some of the best places to ride are:

Brown County State Park

Brown County State Park is located in the hills of Southern Indiana and provides scenic paths, including winding roads through appealing forests and valleys.

Indiana Dunes

The route offers a unique riding experience highlighted by beautiful dunes and Lake Michigan views. You can choose from various routes, like the 20-mile Dunes Scenic Byway. Even though the route is straight, you will see 3 miles of dunes and a variety of vegetation and animals on the way.

Ohio River Scenic Byway

It is a 302-mile ride that passes by the Ohio River in Southern Indiana. It offers picturesque views of the river and spectacular towns and villages. Nevertheless, it is popular among the youth and has some nice curves and elevation changes.

Amish Country

Amish country, located in the rural side of northern Indiana, is occupied by various Indiana communities. You will see beautiful scenes of rolling farmlands and small towns along the way. It is peaceful and pleasing to the eye.

Hoosier National Forest

The forest occupies over 200,000 acres of southern Indiana, which can be a route that motorcycle riders can take. While riding, you will see beautiful views of the forests and valleys.

Experienced Motorcycle Lawyer in Indianapolis, Indiana

After a motorcycle accident in Indianapolis, Indiana, it can be hard to know what to do next. Aside from getting medical care, the most important thing is to talk to an attorney immediately. At SLG Accident Attorneys, we take pride in advocating for the rights of injured people.

Don’t wait — if we take your case, you can count on us to fight for you. Call SLG Accident Attorneys for a free consultation with a knowledgeable attorney today.

Some of the locations in and around Marion County our law firm serves include Fishers, Carmel, Noblesville, Anderson, Greenwood, and more.

ADDITIONAL RESOURCES FOR MOTORCYCLE ACCIDENT VICTIMS

Recovering After a Motorcycle Accident in Indiana