Indiana law requires all drivers to operate their vehicles with due care and consideration for others on the road. When a driver’s carelessness leads to a collision with a motorcyclist in Fishers, Indiana, the results can be catastrophic, given the minimal protection motorcycles provide compared to enclosed vehicles.
This disparity can mean that even a minor crash can result in serious injuries, costly medical bills, and significant time away from work for the victim.
This is why having an experienced Fishers motorcycle accident lawyer from SLG Accident Attorneys by your side is crucial for navigating these complex cases and seeking compensation for your medical expenses, lost wages, and pain and suffering.
Insurance companies may attempt to minimize payouts or deny claims altogether, even when liability is clear. This makes choosing a dedicated legal advocate essential for protecting your rights and securing the financial recovery you need.
An experienced motorcycle accident attorneys in Fishers, Indiana, can handle the legal aspects, negotiate with insurance companies, and, if necessary, litigate your case in court, while you focus on recovering.
How Often Do Motorcycle Accidents Happen in Fishers, Indiana?
Motorcycle accidents in Fishers, Indiana, reflect broader trends across the state, with the local data pointing to many incidents despite efforts to reduce fatalities. In 2022, Hamilton County, where Fishers is located, recorded 68 motorcyclists involved in collisions, ranking it 10th among Indiana counties.
Of these accidents, three were fatal, 17 resulted in incapacitating injuries, and 26 were non-incapacitating. These figures demonstrate the severe consequences motorcyclists can face, with many accidents resulting in serious injuries.
Statewide Motorcycle Accident Statistics
On a statewide level, motorcycle accidents have slightly increased in recent years. In 2022, Indiana reported 2,885 motorcycle-involved collisions, a slight increase from the previous year (2,881 collisions). Despite this, the number of motorcyclist fatalities has been gradually declining.
In 2022, there were 123 motorcyclist fatalities, a decrease of 6% compared to 2021, which saw 130 fatalities. This decline follows the peak in 2020 when Indiana recorded 142 deaths.
Impact on Motorcyclists
While fatalities have decreased, motorcyclists continue to face significant risks. In 2022, 72% of motorcyclists involved in crashes were either killed or injured, highlighting the vulnerability of riders. Non-fatal injuries among motorcyclists have increased by 5% from 2021, with 2,106 individuals sustaining non-fatal injuries in 2022.
Helmet Use and Safety
Indiana’s helmet laws apply only to riders under 18 and those with a learner’s permit. In 2022, only 32% of motorcyclists involved in crashes wore helmets, and among those who died, 29% were helmeted. This highlights the ongoing debate about helmet use and its role in reducing fatalities.
In summary, motorcycle accidents are a significant concern in Fishers and statewide, though the recent decline in fatalities is a positive trend. However, with many injuries still occurring, motorcyclists must remain cautious and proactive about their safety.
For immediate legal assistance from an experienced Fishers motorcycle accident lawyer contact SLG Accident Attorneys today. We offer free case evaluations and are never too busy to speak with you.
What Are Some of The Factors Contributing to These Motorcycle Accidents in Fishers, Indiana?
Distracted Driving
Distracted driving is one of the leading factors in motorcycle accidents in Indiana. Drivers who engage in activities such as using mobile devices, adjusting in-car systems, or talking to passengers divert their attention from the road, significantly increasing the risk of collisions.
The inability to spot motorcyclists in time and react appropriately results in accidents ranging from rear-end impacts to sideswipes and head-on collisions.
Speeding
Speeding contributes heavily to motorcycle accidents throughout the state. When drivers exceed speed limits, they reduce their ability to stop or maneuver around sudden hazards. This is particularly dangerous for motorcyclists, who have less protection than car occupants.
High-speed collisions can lead to severe or fatal injuries, highlighting speeding as a critical factor in many accidents involving motorcycles.
Impaired Driving
Impaired driving involving alcohol or drugs is a significant contributor to motorcycle crashes in Indiana. Statewide data indicates that impaired drivers are involved in a substantial number of traffic accidents. Nearly a quarter of all motorcycle fatalities in Indiana involve alcohol impairment.
The reduced reaction time and impaired judgment of drivers under the influence pose a heightened risk to motorcyclists, making impaired driving one of the most dangerous factors in these types of collisions.
Young and Inexperienced Drivers
Accidents involving young and inexperienced drivers also contribute to the motorcycle crash rate in Indiana. Statistics show that younger drivers, especially those under 25, are more prone to risky behaviors such as speeding and distracted driving.
These behaviors increase the likelihood of accidents with motorcyclists who are already at greater risk due to their vulnerability on the road. Inexperience and overconfidence in younger drivers often fail to notice motorcyclists or misjudge their speed and distance.
Left Turn Collisions
Left-turn collisions are a significant cause of motorcycle accidents. These incidents often happen when a left-turn driver fails to notice an oncoming motorcycle or misjudges its speed and distance.
Due to their smaller size, motorcycles are more challenging to detect, leading to severe and sometimes fatal crashes during left-turn maneuvers.
Lane Changes Without Checking Blind Spots
Failure to check blind spots before changing lanes is a common factor in motorcycle accidents. Because motorcycles are smaller and less visible, drivers who switch lanes abruptly often overlook them.
This can result in sideswipes or force motorcyclists into sudden evasive maneuvers, increasing the chance of a crash.
Dooring Accidents
Dooring accidents occur when drivers or passengers of parked vehicles open their doors into the path of an oncoming motorcycle. These incidents provide little time for motorcyclists to react and often result in significant injuries. They are particularly prevalent in areas with high volumes of on-street parking.
Road Conditions and Mechanical Failures
Poor road conditions like potholes, uneven pavement, and debris contribute to motorcycle accidents. While larger vehicles may be able to navigate these obstacles with minimal impact, motorcyclists can lose control and crash when encountering these hazards.
Additionally, mechanical failures such as brake issues or tire blowouts can lead to accidents, highlighting the importance of proper vehicle maintenance and road infrastructure.
To learn more about the common causes of motorcycle accidents in Indiana reach out to our experienced Fishers motorcycle accident attorneys. We offer free consultations and can help you understand your rights after an accident or injury.
Determining Liability in a Motorcycle Crash
Here are things to keep in mind when determining liability in a motorcycle crash inย Fishers, Indiana:
- Drivers have a duty of care. This means they must operate their vehicles in a manner that does not cause harm to others. Failure to do this is considered negligence. Negligent drivers are liable for any damages they cause.
- Drivers who speed, drive recklessly, change lanes without looking or signaling, operate their vehicles after drinking or taking drugs, or use a vehicle that they know is unfit for the road are not following their duty of care.
- Liability can be questioned if there is an unexpected vehicle malfunction or the driver loses control due to road conditions brought on by snow or ice.
- The people charged with maintaining roads or infrastructure could also potentially be at fault if the roads are not properly cared for or traffic lights malfunction, for instance.
You should always remember that Indiana is an at-fault state. If an accident happens, you need to prove that the other driver is at fault in order to get compensation from them or their insurance provider.
To learn more about proving liability in a motorcycle accident claim reach out to a skilled Fishers personal injury lawyer at our law firm today.
What if the Motorcyclist Was Partially At Fault for the Accident?
In Indiana, fault in a motorcycle accident is determined by examining various factors, including evidence, witness testimony, and traffic violations. If the motorcyclist is partially at fault, it does not necessarily mean they are ineligible for compensation.
Indiana follows a comparative fault system, meaning multiple parties can share responsibility for the crash, and the injured motorcyclist may still recover damages. However, the compensation may be reduced based on the degree of fault.
Indiana’s Comparative Fault Laws
Under Indiana Code IC 34-51-2, if a motorcyclist is found partially responsible for the accident, their compensation will be reduced by their percentage of fault. For example, if the motorcyclist is deemed 20% at fault, their recovery will be reduced by 20%. This law allows for a fair allocation of damages based on each party’s contribution to the accident.
The Role of Evidence in Fault Determination
Accident investigations play a crucial role in establishing liability in motorcycle accidents. Key types of evidence include:
- Eyewitness Testimony: Provides firsthand accounts of the incident, helping to establish the sequence of events.
- Physical Evidence: Skid marks, vehicle damage, and debris can offer insights into the speed, direction, and actions of the vehicles involved.
- Accident Reconstruction Reports: Experts analyze physical evidence to recreate the scene, clarifying details that may not be immediately apparent.
- Surveillance Footage and Photographs: Visual documentation from traffic cameras or bystanders can show how the accident occurred.
- Traffic Violations: Records of either party’s traffic violations or infractions, such as speeding or failing to yield, are critical in determining fault.
- Medical Records and Expert Witness Accounts: These documents provide details on injuries sustained and can illustrate the severity and impact of the accident.
This thorough use of evidence can significantly influence the outcome of a claim, emphasizing the importance of a detailed investigation.
For more information on shared fault in an Indiana motorcycle accident claim contact our experienced Fishers motorcycle accident lawyers today. We offer free consultations and can help you understand your rights.
What Are The Laws in Indiana For Motorcycle Riders?
Liability in an accident often depends on whether or not a motorcyclist was following relevant laws. Because Indiana is an at-fault state, drivers and insurers will likely check to be sure the motorcycle rider was following all the rules at the time of the accident. If they were not, the other driver could escape full liability even if they caused the accident.
Here are the most important Indiana motorcycle laws to follow:
- Equipment regulations. These laws pertain to motorcycle equipment requirements. All two-wheeled motor-powered vehicles need to have brakes operated by hand or foot, rearview mirrors, a headlight, handlebars at least 15 inches from the seat, brake lights, and reflectors.
- Helmet laws. Any motorcyclist in the state of Indiana is required to wear a helmet and eye protection if they are below 18 years of age. Those with a learnerโs permit are likewise required to use head protection.
- License laws. Every rider must have a motorcycle license, which requires passing a written exam and a road test given at a site authorized by Ride Safe Indiana. All license holders must be at least 16 years and three months old. To keep their license active, riders need to renew it within 180 days after expiration. Documentation of vision screening, with or without corrective lenses, is also required for a license.
- Motorcycle insurance. It is illegal to ride a bike or drive a car in Indiana if you are not insured. Liability insurance is the minimum requirement, but motorcyclists should have full coverage, which includes uninsured and underinsured insurance in case they are involved in a solo accident or the other driver lacks insurance.
You should also be aware of more nuanced traffic laws. For instance, no more than two bikes can ride side by side in a single lane, and lane splitting (riding on dotted or on solid lines to pass traffic) is illegal.
Are Rights for Motorcyclists in Indiana the Same as Other Motorists?
Motorcycle riders have the same rights as other four-wheeled motorists on the road. They must follow the same rules as cars or trucks and obey traffic signals and speed limits.
At the same time, motorcycles have an equal right to the road. This right could come into play if, for instance, a driver does not see a motorcycle and hits it while changing lanes. Provided speed rules were being followed, the driver of the car would be liable for not seeing the motorcycle.
The one major difference in motorcycle accidents is that motorcyclists do not have the same protections as cars. Without crash cages, airbags, and seatbelts, they are more likely to be injured. This impacts the need for compensation.
To learn more about your rights after an accident or injury involving a motorcycle contact our skilled and experienced Fishers motorcycle accident attorneys today.
Can I Still Get Compensation If I Wasn’t Wearing a Helmet?
While wearing a helmet is a critical safety measure, it does not mean you forfeit your right to compensation if you’re injured in a motorcycle accident without one. Even though Indiana law does not require adults to wear helmets, the absence of one could still be used against you in your claim.
Impact of Not Wearing a Helmet on Your Claim
Insurance companies may argue that your injuries could have been less severe had you worn a helmet. They may attempt to reduce your compensation by claiming that your failure to wear a helmet contributed to your injuries.
This is part of the comparative fault system in Indiana, where the court can assign a percentage of fault to you, potentially lowering your damage award.
Indiana Laws That May Affect Your Claim
- Motorcycle Helmet Law: Only riders under 18 or with a learner’s permit must wear a helmet in Indiana. While adult riders aren’t legally required to wear a helmet, insurers can still use this against you in settlement negotiations.
- Modified Comparative Fault: Indiana’s law allows for a reduced award if you’re found partially at fault. If your lack of a helmet contributed to your injuries, the compensation may be reduced based on the degree of your fault.
- Negligence and Liability: Even if you weren’t wearing a helmet, the other party’s negligence may still make them primarily liable for the accident, enabling you to pursue total compensation for damages like medical bills, lost wages, and pain and suffering.
Despite these potential challenges, you may still be entitled to compensation, especially if wearing a helmet would not have prevented your injuries. A knowledgeable legal representastive can help protect your rights and advocate for fair compensation.
Is Lane-Splitting Legal in Indiana?
Lane-splitting, where motorcyclists maneuver between slow-moving or stopped traffic lanes to move ahead, is illegal in Indiana under Ind. Code ยง 9-21-10-6, this maneuver is strictly prohibited.
The law is intended to enhance safety and prevent accidents involving motorcycles by ensuring that all vehicles adhere to uniform traffic behavior.
While some riders believe lane-splitting can help them avoid potential rear-end collisions or cool their engines during traffic jams, this perception doesn’t outweigh the associated risks. Studies show that jurisdictions allowing lane-splitting often experience a higher incidence of motorcycle accidents.
Indiana is among the 40 states that have banned lane-splitting, maintaining that the practice poses significant risks to motorcyclists and other road users. Sudden weaving between vehicles can catch drivers by surprise, leading to abrupt maneuvers that may cause collisions.
Additionally, motorcyclists engaged in lane-splitting are more vulnerable to sudden door openings or lane changes by drivers unaware of their presence.
The consequences of lane-splitting in Indiana can be severe. Riders caught performing this illegal act can face fines and other penalties as the state enforces its commitment to road safety. The aim is to reduce accidents, injuries, and fatalities by requiring motorcyclists to follow the same traffic laws as other vehicles.
Is Indiana an At-Fault State for Motorcycle Claims?
A no-fault state requires drivers to file a claim for an accident with their insurance regardless of who caused the damage. However, Indiana is an at-fault state, meaning the driver who is at fault pays for damages through their insurance.
Because of this rule, it is always important to prove who is at fault for an accident. Also, you should always get the insurance policy information from the other parties involved in the motorcycle accident.
At the same time, you should also be ready to prove that you are not at fault, or that you are only partially liable for the accident.
Therefore, it is critical that you have a skilled attorney to help you establish fault properly at the beginning of the case.
What To Do Immediately After a Motorcycle Accident in Fishers, Indiana
Motorcycle accidents in Fishers, Indiana, can happen unexpectedly. The aftermath of an accident can be confusing and stressful. As such, you need to remain as calm as possible and take the appropriate steps to make sure you get to safety, deal with any injuries you may have, and collect the necessary information to ensure a strong case for compensation.
Here are the steps you should take if you are involved in a motorcycle accident.
- Get to safety. Motorcycle accidents typically happen on the open road. If you are on a motorcycle, you have no protection between yourself and other vehicles on the road, whose drivers may not be able to see you. If you are physically able, you should move off of any driving surface and get to the side of the road or other safe area.
- Check yourself for injuries. You can check for visible signs of injury, but you should also make sure you are able to move normally. Often, an accident will increase your adrenaline levels, making it difficult to feel pain.
- Always Call 911. Law enforcement and emergency medical services can quickly come to your aid. Even if you are not injured, it is a good idea to call the Fishers police department. A police report as required by Indiana Code ยง 9-26-1-1.1 is an essential piece of evidence when you seek compensation for injuries or damage after a motorcycle accident.
- Gather photo evidence. If you are not injured, you can proceed to take pictures of the accident scene, including the vehicles involved, traffic signs and lights, and road conditions. If you are unable to take pictures yourself, but are able to advise somebody else to do so make sure to have them follow this step. Pictures help tell your story in a way words can never do.
- Collect the information of the people involved. In addition to driver’s licenses and license plate information, you should gather the insurance information of all the drivers involved. Drivers in Indiana need to have at least liability coverage for their vehicles.
- Talk to any witnesses. You can speak with these bystanders to see what they saw. If someone had a clear view of the incident, you can get their contact information in case you need their testimony later.
- Never admit fault. You should wait for the police and give them an account of the incident without mentioning any perceived mistakes you might have made. Liability will become clear after the accident investigation.
- Inform your insurance company. You should continue to refrain from admitting fault and simply tell the insurer what happened. They will investigate the incident on their own. Call us immediately to handle further correspondence with the insurance companies.
You can enlist the services of our skilled attorneys to help you ensure you organize your evidence correctly and complete all the steps necessary to present your case for fair compensation.
How Can SLG Accident Attorneys Help With My Motorcycle Accident Claim?
There are several reasons to hire an experienced Fishers motorcycle accident attorney after you get into an accident. First of all, if you are injured, a skilled attorney can handle the details of your case, allowing you to focus on recovery and rehabilitation.
Here are additional reasons to work with an experienced legal expert..
- Establish liability. An attorney can help collect evidence that establishes liability. This is important in Indiana, which has a law that ties compensation to the level of fault. For example, if your attorney can establish that you were only 20% at fault, you are eligible for 80% of the compensation due to you.
- Help in understanding motorcycle law. An attorney can help you grasp the nuances of motorcycle laws, which may differ slightly from those governing four-wheel vehicles.
- Establish the severity of injuries. A legal representative can work with physicians to document your injuries and prove that they were caused by the accident.
- Deal with insurance companies. An attorney can submit the necessary proof to insurance companies and ensure they provide all coverage outlined in your policy or the policy of the person who is at fault for your accident.
- Prepare for court cases. If the case requires a civil court hearing, a lawyer will prepare the necessary documents, evidence, and statements for court and represent you during proceedings.
- Collect payments. A lawyer can help collect payments after the case is settled, ensuring you receive your money in a timely manner.
What Type of Compensation Can I Expect After a Motorcycle Accident in Fishers, Indiana?
You are eligible for compensation for various expenses related to your motorcycle accident. Some of these costs are obvious, such as the bills for emergency medical treatment after the incident. Others are less obvious, such as damages for emotional distress caused by the injuries.
Here is a look at the types of compensation you can seek.
- Damage to your motorcycle. If you are not liable for the accident, you will receive funds to repair or replace your motorcycle. These will be paid by the at-fault driver or their insurance provider.
- Medical expenses. You will receive compensation for medical expenses related to the accident. This includes both current and future expenses. For example, if you need physical therapy to fully recover from the accident, the liable party or their insurer has to pay. If you have ongoing expenses, such as medical care or equipment like a wheelchair, these costs could also be part of an ongoing compensation package.
- Loss of income. If you cannot work due to your accident-related injuries, these damages can include work time lost during recovery and future wages you could lose due to the interruption to your career or business development.
- Pain and suffering. If you can prove that the accident caused depression, anxiety, a loss of quality of life, relationship issues, or other mental or emotional harm, you may be able to receive compensation from the liable parties. These damages can include payments to the family of someone who died as the result of a motorcycle accident.
An attorney can help you ensure you pursue all the types of compensation to which you are entitled.
Experienced Motorcycle Lawyer in Fishers, Indiana
At SLG Accident Attorneys, we are dedicated to helping motorcycle accident victims in Fishers, Indiana. Our experienced team understands motorcyclists’ challenges and the severe impact accidents can have on your life, including physical, emotional, and financial burdens.
We’re committed to securing the compensation you deserve through thorough negotiation or aggressive litigation.
Our attorneys will guide you through the process, handle the legal complexities, and fight for your rights every step of the way. From gathering evidence to dealing with insurance companies, we ensure no detail is overlooked. If you’ve been injured, don’t wait to seek legal help.
Contact SLG Accident Attorneys today for a free consultation. Let our skilled team support your recovery and help you achieve the justice and financial relief you deserve.
In addition to Fishers, we also serve Carmel, Noblesville, Greenwood, Indianapolis and more.
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