Motorcycle Accidents In Indiana

If you have been injured in a motorcycle accident, it is important that you are able to identify the liable party, as this is the party against whom you will bring your claim or lawsuit. Because Indiana follows a traditional fault-based accident system, the person or party who was at fault for a crash is typically also the one liable for the victim’s damages. To determine who was at fault, our attorneys investigate exactly what happened, as well as all of the factors that played a role in the crash. We work with accident reconstructionists, medical experts and other specialists to present a clear picture of what occurred – and who was to blame.

It is important to note that, under Indiana’s rule of modified comparative negligence, you cannot file a claim for compensation if you are found to be more at fault than the other party/parties involved. In other words, if you are more than 50% to blame for the motorcycle accident that caused your injuries, you cannot seek compensation from the other party/parties’ insurance providers.

Additionally, if you are partially at fault but less than 51% at fault, your recovery will be reduced by whatever percentage of fault you are found to have. For example, if the insurance adjuster finds that you were 25% to blame for the crash, you can only recover up to 75% of the amount you are seeking in damages.

It is important that you work with one of our experienced attorneys at Hovde Dassow + Deets, LLC, who can protect your rights. Often, insurance adjusters attempt to limit payouts by arguing that victims were mostly at fault for an accident. This is especially true with motorcycle accidents, as many insurance adjusters have a bias against motorcyclists, falsely believing them to be excessively risky drivers. Our Indianapolis motorcycle accident attorneys know how to fight back against these misconceptions and are prepared to work tirelessly to maximize your settlement. If necessary, we can even take your case to trial.

As previously mentioned, it is important that you identify the cause of your motorcycle accident so that you can determine who is liable for your damages. Although many people believe that motorcyclists are the ones who most often cause these collisions, we know that this is not the truth. In fact, other motorists’ negligent behavior is the most common cause of motorcycle accidents.

Specifically, the most common types of negligent and reckless driving behaviors that frequently lead to motorcycle accidents include:

• Texting or using a cellphone while driving
• Driving while otherwise distracted
• Driving drunk/operating a vehicle while intoxicated
• Following too closely/tailgating
• Failing to check for motorcyclists in vehicle blind spots
• Merging or changing lanes too closely to motorcyclists
• Cutting off motorcyclists
• Making unsafe or unlawful turns
• Disobeying red lights, stop signs, and other traffic control devices
• Opening car doors into motorcyclists
• Stopping suddenly without reason
• Swerving into a lane where a motorcyclist is riding

Although many motorists claim that they simply didn’t see a motorcyclist just before an accident, this is not an excuse. Everyone has a responsibility to drive with care and pay attention to their surroundings. Drivers should always be aware of motorcyclists with whom they are sharing the road and take the necessary precautions to prevent an accident.

In some cases, motorcycle accidents are not the fault of another driver but the result of unsafe or defective road conditions. Uneven surfaces, poorly maintained highways and potholes can all lead to serious accidents. At Hovde Dassow + Deets, LLC, we investigate motorcycle accident claims thoroughly to identify all possible sources of compensation, including possible cases against government and municipal entities. Consult with an attorney at our firm today to learn more.