Fort Wayne, Indiana Motorcycle Accident Attorney
Fatal motorcycle accidents have dropped in nearly every state. Indiana, however, remains one of the few states where deadly crashes are actually on the rise. As the Governors Highway Safety Association reports, motorcyclist deaths fell by 5.6 percent nationally between 2016 and 2017, but in our state, they rose by 44 percent during that period – the largest spike in the country. Every year, on average, more than 3,000 motorcycle collisions occur on our roads, according to the most recent Indiana traffic crash statistics.
At Truitt Law Offices, we realize how those numbers represent lives that have been tragically changed due to catastrophic injuries suffered while riding or due to the loss of a loved one. We also know that many of those accidents could have been prevented. All too often, they are the results of drivers who fail to share the road safely with motorcyclists.
If someone else’s negligence recently caused you to suffer serious injuries in a motorcycle accident in Fort Wayne, Huntington or elsewhere in northeast Indiana, or if your loved one died in a motorcycle crash, our attorneys can help you to seek the justice and compensation that you deserve. For more than 40 years, our car accident attorneys have protected the rights of motorcyclists and their families, and we are ready to put that experience to work for you. Contact us today and learn more about how we can help you in a free consultation at our motorcycle accident law firm.
Table of Contents
- 1 How Can You Protect Your Rights after a Motorcycle Crash?
- 2 How Can a Motorcycle Wreck Attorney in Indiana Help You?
- 3 What Are Common Causes of Motorcycle Accidents?
- 4 Who Can Be Held Liable for Your Accident Injuries?
- 5 What Types of Damages Can You Recover After a Motorcycle Injury Claim?
- 6 Does Comparative Negligence Affect Motorcycle Accident Cases in Indiana?
- 7 Should You Carry Uninsured Motorist Coverage on Your Motorcycle?
- 8 What Is the Indiana Statute of Limitations for Motorcycle Collisions?
- 9 Contact Our Fort Wayne Motorcycle Accident Injury Lawyer Today!
How Can You Protect Your Rights after a Motorcycle Crash?
As you prepare to discuss your case with our knowledgeable and dedicated Fort Wayne motorcycle accident attorneys, you should do your best to take the following steps:
- See a doctor. If you did not receive emergency treatment, you should get medical attention as soon as possible. A doctor can examine you and determine whether you have suffered hard-to-detect but still highly serious injuries such as a concussion, soft tissue damage or internal bleeding.
- Get a copy of your crash report. Contact the Fort Wayne Police Department, Allen County Sheriff’s Department or other law enforcement agency that responded to your motorcycle accident. You can also order a copy of a police report in Indiana by going to BuyCrash.com.
- Keep everything. Hold on to photos of the crash scene and your injuries, if you have them, and keep all medical bills and receipts of your other out-of-pocket expenses caused by your accident.
- Talk to us before you talk with an insurance company. If a claims adjuster from the other driver’s insurance company calls you, refer the adjuster to us. You should never give a statement or accept a settlement offer until you speak with an experienced motorcycle accident lawyer at Truitt Law Offices first.
How Can a Motorcycle Wreck Attorney in Indiana Help You?
At the outset of your case, your lawyer at Truitt Law Offices will find out what is important to you. For instance, your immediate concern may be dealing with medical bill collectors or getting your bike repaired or replaced. We can handle those matters for you. Of course, you may also simply want the insurance company to stop hounding you. We can take care of that, too, and let you focus on your physical recovery.
Our goal will be to recover the maximum amount of compensation for you. Everything we do – investigation, review of your medical records, consultation with doctors and negotiations with the insurance company – will be squarely focused on that goal. Our highly skilled litigators will also be ready to go to trial for you if that’s what it takes.
We represent clients on a contingency fee basis. So, you won’t have to worry about paying for a motorcycle accident lawyer and handling the upfront costs of pursuing your case. You will pay us only if we obtain a financial recovery for you.
What Are Common Causes of Motorcycle Accidents?
Our investigation will focus on determining the cause of your motorcycle accident. Specifically, we will collect and analyze evidence to determine whether another driver caused the crash due to his or her negligence such as:
- Speeding or reckless driving
- Following too closely (“tailgating”)
- Failing to check mirrors before a turn or lane change
- Trying to share a lane with the motorcycle
- Driving while distracted
- Driving while impaired by alcohol, drugs or fatigue.
Although those driver errors are among the most common causes of motorcycle crashes in Fort Wayne and elsewhere in Indiana, our law firm will make sure to explore every possible cause. For instance, in many cases, driver negligence is not to blame for a motorcycle accident. Instead, it is a factor such as:
- Poor roadway conditions (for example, loose gravel or potholes)
- A defectively designed or manufactured motorcycle part (such as handlebars, brakes or wheels)
- Faulty repairs by a mechanic (the failure to align a tire, for instance, or to recognize an engine problem or brake failure).
Who Can Be Held Liable for Your Accident Injuries?
In addition to finding out the cause of the motorcycle accident, Truitt Law Offices will work hard to identify all parties who should be held responsible for your injuries or the loss of your loved one. It is crucial to identify all sources of compensation, which could include:
- A negligent driver who collided with you
- The driver’s employer if the driver was working when the accident happened
- A bar, store, restaurant or social host who furnished alcohol to a “visibly intoxicated” or underage driver who hit you
- A negligent mechanic who botched the inspection and repair of your bike
- Local officials who failed to maintain the roadway
- The manufacturer of your defective motorcycle or motorcycle parts.
We frequently help clients to bring claims against drivers from other states such as Ohio and Michigan who cause motorcycle accidents while driving through the Fort Wayne and Huntington area.
What Types of Damages Can You Recover After a Motorcycle Injury Claim?
Motorcycle accident injuries can be severe. Helmet laws have helped cut down on some accidents however, even if you were a rider or passenger who was wearing a helmet at the time of the crash, you may still suffer life-changing physical harm such as traumatic brain injury (TBI) or spinal cord injury (SCI). Many of the motorcycle accident victims that we assist also suffer fractures, burns, soft tissue damage, internal injuries and mental harm such as post-traumatic stress disorder (PTSD).
If another party’s negligence or other misconduct directly caused your motorcycle accident, you may be entitled to compensation which could include:
- Medical bills
- Loss of wages
- Diminished earning capacity
- Mental and physical anguish
- Permanent scarring
- Loss of companionship, in the unfortunate event that the motorcycle accident resulted in a loved one’s wrongful death.
Truitt Law Offices will aggressively seek the maximum amount that is available to you. We know the important role that compensation can play as you move ahead with your life.
Does Comparative Negligence Affect Motorcycle Accident Cases in Indiana?
Insurance companies often try to blame motorcycle riders for accidents that involve their insured drivers. The reason: Indiana follows a modified comparative fault system. Under this system, a person can be denied any recovery if they are 51 percent or more at fault for their injuries. If they are less than 51 percent at fault, then the person can still recover compensation. However, it will be reduced based on their percentage of fault.
At Truitt Law Offices, we know how insurance companies operate. We will vigorously challenge any effort by an insurance company to assign fault to you in your motorcycle crash where the evidence does not support it. In fact, dealing with difficult insurance companies is one of the main reasons why you should have an aggressive and experienced personal injury lawyer at your side when you pursue a motorcycle accident injury claim.
Should You Carry Uninsured Motorist Coverage on Your Motorcycle?
Many riders are surprised to learn that their auto insurance policy excludes coverage of them when they are involved in a motorcycle wreck. For this reason, you should always carefully review any policy that you purchase and make sure that it meets your needs.
For instance, you should strongly consider buying uninsured motorist (UM) coverage that will specifically protect you if you are involved in a motorcycle crash with a driver who has no liability insurance, or if you are hurt in a hit-and-run accident (which happens more often than you may think). Additionally, it is also wise to carry underinsured motorist (UIM) insurance that covers you while riding your motorcycle. This coverage can pay the difference between what the other driver’s insurance covers and the total amount of your damages (up to your policy limits).
What Is the Indiana Statute of Limitations for Motorcycle Collisions?
Every state has a statute of limitations which limits the amount of time you have in which to file a lawsuit. If you do not file a complaint before the deadline, you will likely lose your right to recover compensation. Generally, after a motorcycle accident in Indiana, you must file a personal injury claim within two years from the date of the accident, while you must bring a wrongful death lawsuit within two years from the date of your family member’s death.
Contact Our Fort Wayne Motorcycle Accident Injury Lawyer Today!
If you have been injured or lost a loved one in a motorcycle accident in Fort Wayne, Huntington or elsewhere in Indiana, you can count on Truitt Law Offices to fight for all compensation you are entitled to receive. We will bring more than 40 years of experience to your case and our full dedication to what is important to you. Don’t wait to take action, we do not collect a fee unless we win. Contact us today for a free case review.