Lafayette Motorcycle Accident Attorneys Assert Riders’ Rights

Trustworthy Advocates For Bikers Throughout Indiana

In recent years, motorcycles have gained popularity in Indiana and throughout the country. They are now standard modes of transportation for many average Americans. Yet, if you get into an accident, you may be accused of being a reckless driver rather than an innocent victim of someone else’s negligence. At Cooke Law Firm in Lafayette, we have wide experience helping motorcyclists get fair treatment in lawsuits seeking damages. We will work tirelessly to help you obtain the compensation you deserve.

What Are Common Causes Of Motorcycle Accidents?

Statistics show that riders’ lack of skill is a major factor in motorcycle crashes. According to the Indiana Criminal Justice Institute’s Traffic Safety Division, 92% of motorcyclists involved in crashes are self-taught, and more than half of the bikers in these accidents had been riding for less than five months at the time.

Fatal motorcycle accidents in Indiana in 2020 were caused in the following percentages by motorcyclists who:

• Lost control and ran off the road – 34%
• Failed to yield the right of way – 29%
• Traveled at an unsafe speed – 15%

Alcohol is also a factor in many crashes. Approximately 28% of fatally injured motorcyclists had blood alcohol content above the legal limit of .08%.

However, three-quarters of motorcycle accidents were multivehicle crashes. Two-thirds of these accidents involved other vehicles violating the motorcycle’s right-of-way. Other causes included:

• Bad weather
• Speeding
• Aggressive driving
• Unsafe lane changes
• Poor road conditions

Determining the cause of the accident is one of the most important aspects of securing compensation for an injured victim. We will thoroughly investigate your crash, consulting with certified accident reconstruction specialists and other experts.

Severe Injuries From Motorcycle Crashes

Because motorcyclists have very little protection, their injuries tend to be more severe. Bikers may suffer:

• Head and traumatic brain injuries
• Neck, back and spinal cord injuries
• Broken bones
• Road rash

The worst accidents may result in death. It is estimated that 81% of motorcycle or moped riders who were involved in fatal collisions in 2020 were not wearing helmets. However, Indiana requires helmets only for riders under the age of 18. If you lost a relative who was not wearing a helmet in a fatal accident, you may still be able to recover compensation in a wrongful death suit.

Who Can Be Held Liable For Your Motorcycle Accident Injuries?

Depending on the facts of the accident, various parties could be held liable for negligence, including:

• Another driver
• The manufacturer of the motorcycle or a component
• A mechanic or parts supplier
• A government agency responsible for road maintenance

Despite the liability of other parties, your compensation may be limited. Under Indiana’s comparative negligence rule, your recovery will be reduced by the percentage of your fault. If you are 51% or more responsible for the crash, you cannot receive any compensation at all. Protecting you from allegations of negligence is an important part of our job.

As your counsel, we will focus on proving the extent of your injuries so we can obtain full compensation for your present and future medical bills, lost earnings, and pain and suffering.

Indiana law allows you two years from the date of your motorcycle accident to file a claim. To improve your chances of success, you should immediately contact our office so we can begin investigating and preserving evidence.

What You Need To Know About Motorcycle Accidents In Indiana

After a motorcycle accident, you may have questions about insurance, traffic laws and where to file a claim. The answers below address some common concerns Indiana motorcyclists may have after a crash.

What Happens If An Uninsured Driver Hits Your Motorcycle In Tippecanoe County?

If an uninsured driver hits your motorcycle, you may be able to file a claim under your own Uninsured Motorist (UM) coverage. Indiana requires auto insurers to offer UM/UIM coverage, although you can reject it in writing.

Your policy may include Uninsured Motorist Bodily Injury (UMBI) coverage. This can help pay for medical care, rehabilitation, lost wages and other covered losses resulting from your injuries, subject to your policy limits.

UM coverage may also apply to a hit-and-run or a phantom vehicle accident when another driver causes the crash but leaves the scene or cannot be identified. Check your policy to understand what coverage may apply to your accident. A lawyer may help you with this.

Is Lane Splitting Legal For Motorcyclists In Indiana?

No. Indiana law prohibits motorcyclists from passing another vehicle in the same lane or riding between lanes of traffic. This practice is known as lane splitting, and it is illegal throughout Indiana, including Lafayette.

If you were lane splitting when the crash occurred, the other driver may argue that you were partially responsible for the accident. Indiana uses comparative fault rules, so your percentage of fault may reduce the compensation you receive.

However, riding side by side with another motorcycle is different from lane splitting. Indiana law allows two motorcycles to ride next to each other in the same lane. This is known as lane sharing.

Where Are Motorcycle Accident Lawsuits Officially Filed In Lafayette?

When a dispute involves only minor motorcycle property damage of less than $10,000 and no physical injuries, you may be able to resolve the matter through Tippecanoe County Small Claims Court. Small claims court may be an option for certain property damage disputes that fall within the applicable limits.

If a motorcycle accident involves an out-of-state defendant (such as an interstate trucker) and the claimed damages exceed $75,000, federal courts may have diversity jurisdiction under federal law. If filed in state court, an out-of-state defendant may seek to remove the case to the U.S. District Court for the Northern District of Indiana (Lafayette Division) pursuant to federal law, provided no defendant is a citizen of Indiana.

Understanding your insurance coverage and legal options can help you decide what to do after a motorcycle accident. You may want to consider consulting an attorney for legal counsel so you can make more informed decisions after a collision.

Contact A Trusted Indiana Law Firm For Motorcycle Accident Representation

Cooke Law Firm in Lafayette represents Indiana clients who have been injured in motorcycle accidents. We do everything possible under the law to obtain fair and complete compensation for the damage you’ve suffered. To schedule a free initial consultation at our Lafayette office, call 765-340-2776 or contact us online.