Common Causes of Motorcycle Accidents
According to the Governor’s Highway Safety Association (GHSA), motorcycles have an estimated fatality rate of 28 times that of passenger vehicles. In addition, motorcycles account for approximately 14 percent of all traffic fatalities in the United States.
Over 80 percent of all reported motorcycle crashes result in injury or death to the motorcyclist. These accidents can happen under different circumstances, but many are due to the actions or lack of actions of other drivers or entities.
Common causes of motorcycle accidents include:
Left-Hand Turns
Other vehicles attempting to make left-hand turns are significant culprits in motorcycle accidents and injuries. When cars do not yield to motorcycles when making a left-hand turn or attempt to turn quickly following the turning vehicle in front of them, they may not see an oncoming motorcycle in time to stop and avoid an accident. These accidents often involve other vehicles besides motorcycles, but motorcycles and their riders are especially vulnerable to injuries.
Head-On Accidents
The majority of motorcycle accidents are head-on accidents. When drivers become distracted, run red lights, or pass on two-lane highways, the risk of head-on collisions with motorcyclists increases significantly. Driving while intoxicated can also contribute to these types of motorcycle accidents.
Road Hazards
Motorcycles are less stable and are smaller than other vehicles. Potholes, animal carcasses, slick pavement, sand or rocks on the road, uneven lane heights, and other road irregularities pose hazards to motorcyclists. Sometimes, the jurisdiction responsible for road maintenance is liable for the injuries suffered by motorcyclists in these accidents. By hiring Hammond motorcycle accident attorneys, you can hold them accountable for their actions.
DUI/DWI
Driving under the influence of alcohol or drugs (even some prescription or over-the-counter medications) slows drivers' reaction times, decreases judgment, and alters perception, increasing the risks to motorcyclists. For example, a motorist who is intoxicated or impaired might not see a motorcyclist as well and may misjudge their distance from them.
Should You Call an Attorney for a Motorcycle Accident Insurance Claim?
You’re driving home from work on your usual weekday commute on your motorcycle when suddenly you are hit from behind. You are not sure what exactly transpired to cause this sudden jolt, but you immediately begin to feel pain in both your neck and your back. The next thing you know, you are lying in a hospital bed, speaking with a law enforcement officer about what you remember.
Your injuries and property damage are severe enough that you know you will file a claim with the at-fault party’s auto insurance company. Should you call a Hammond motorcycle accident attorney for help as well?
The answer is always yes, and here are some reasons why.
Liability for Motorcycle Accidents and Injuries
Hammond motorcycle accident attorneys can determine who is liable for your injuries after a motorcycle accident. Sometimes responsibility rests with one driver or party; sometimes, it can be multiple parties. In a motorcycle accident lawsuit, your attorney can name several liable parties, maximizing your
compensation. Determining liability is essential to recovering damages in a motorcycle accident claim.
Dealing With the Insurance Company
Like most people, you probably want this situation to go away with as little effort and hassle as possible. Unfortunately, this is not likely to happen, especially not without your own lawyer. Even a minor motorcycle accident can take much longer than you expect to resolve, and even straightforward claims can have hiccups and obstacles.
The insurance company might contact you before you have an attorney. They might ask you to provide a recorded statement. Unbeknownst to many injured individuals, this statement can hurt your claim, allowing the insurance company to pay you as little as possible for your settlement. Never give a recorded statement or have detailed conversations with adjusters. Instead, inform them you plan to hire a motorcycle accident lawyer.
The insurance company wants to resolve all its claims as cheaply as possible. Some common tactics include trying to blame you for the accident or presenting you with settlement offers before you even have time to schedule a consultation with a Hammond Motorcycle accident attorney. Do not fall for these tricks.
Instead, politely decline to speak with the insurance adjustor or discuss any settlement offers until you hire our attorneys. Then, all communications will go through our lawyers, alleviating your concerns.
The Benefits of Hiring Our Hammond Motorcycle Accident Lawyer
The benefits of having our Hammond motorcycle accident lawyers represent you are numerous. When you have our legal representation, you do not need to speak to the insurance company yourself. Instead, they must go through our attorneys.
Having an advocate on your side can sometimes make an insurance company more willing to settle with you for a fair sum. You can heal from the accident, both physically and mentally.
Damages in a Motorcycle Accident Lawsuit
Motorcyclists are not protected the same way car drivers and passengers are. As such, they are more likely to be injured or killed in a crash. Their injuries can lead to grave financial and emotional losses. These are your legal damages. The type of damages individuals can claim in a motorcycle accident will vary from one accident to the next and will rely heavily on your injuries.
Economic damages can include:
- Medical bills
- Prescriptions
- Medical devices
- Transportation costs to and from medical appointments
- Lost income
- Property damage
Non-economic damages include:
- Pain and suffering
- Scarring and disfigurement
- Loss of consortium
- Mental anguish
The ideal outcome in your injury claim is to obtain compensation for these damages. Sometimes this happens through a settlement with the insurance company, and other times it needs to be done through litigation. Either way, having a skilled Hammond motorcycle accident attorney is the best way to ensure you receive fair compensation for your damages.
Indiana Statute of Limitations for Motorcycle Accident Claims
Contact our Hammond motorcycle accident lawyers immediately after sustaining an injury. The Indiana statute of limitations generally gives you two years after the injury to file suit. This may seem like a long time, but it can pass quickly. Plus, the statute of limitations can give you even less time to file a claim, depending on your case.
Our knowledgeable lawyers can assess your case to determine which statute of limitations deadline applies.
Hammond Motorcycle Accident FAQs
No laws or guidelines dictate how much a particular type of case is worth. The merits of your case will determine its value. Generally, a case with more severe injuries and one that is more costly will be worth more. Cases involving permanent injuries and lifestyle changes are usually worth more. The value of your claim will also depend on the insurance coverage available to the at-fault party and the experience and dedication of your personal injury lawyer.
You can increase your claim’s value with strong supporting evidence that the at-fault party is to blame and that you suffered a severe injury. The right legal representation and assistance can best provide this evidence.
Generally, if the person who died might have filed a personal injury lawsuit had they lived, then someone can file a wrongful death lawsuit on their behalf. Wrongful death requires you to follow different procedures. For example, the decedent’s spouse, child, or parent must file the lawsuit. If the decedent named a personal representative, that person could bring the lawsuit. If not, the court will appoint one of the family members as one.
To succeed in a successful wrongful death claim, the personal representative and their Hammond motorcycle lawyers will need to prove:
- Another driver had a duty of care, such as looking before switching lanes.
- That driver breached their duty of care, or in other words, they didn’t act as a reasonably prudent driver should under similar circumstances.
- The breach of duty caused the motorcycle accident.
- The motorcycle accident fatally injured the victim, causing damages.
While most motorcycle accident lawyers can negotiate an acceptable settlement without going to trial, a small percentage of cases end up in court. Whether to take your case to trial is up to you, although you should consider and weigh all possibilities with your attorney.
A trial is highly unlikely when the other side accepts liability for your injuries. It may take time for your case to settle. Settlement negotiations can take several rounds of going back and forth.
Settlements are typically beneficial to both sides. They decrease the time and expense involved and conclude sooner than a trial. Cases that go to trial must wait until the court’s schedule can accommodate the case. Avoiding a trial gives both sides more control over the outcome of the claim. It can be risky for either side to take the case before a judge or a jury and let them decide.
At Midwest Injury Lawyers, we don’t charge any upfront fees. In fact, you will never pay us out of your pocket. Instead, we work only on a contingency fee basis. Once we settle your case or win a court award on your behalf, our fees come directly from your compensation. You don’t have to worry about paying us until that time. We make the process very easy and explain everything along the way.
Depending on the type of personal injury case you have and whether you can reach a fair settlement without litigation, a percentage of your settlement or award will go towards contingency fees. Considering that an experienced motorcycle accident attorney can settle your case for more than you would have on your own, you still walk away with more for your damages after you pay legal fees.
Get Help From Our Hammond Motorcycle Accident Attorneys
A motorcycle accident injury can take months or even years to recover from – if ever.
Get justice and seek compensation if someone else injured you. You can focus on healing from your injuries and hire experienced Hammond motorcycle accident attorneys to represent you. Reach out to a Hammond personal injury lawyer.
No matter how big or small your motorcycle accident is, consult one of our Hammond motorcycle accident lawyers. If you have a valid claim, we can assist you with every step in the legal process. Contact us at (219) 200-0151 or online for your free case consultation today. Remember that the law limits your time to take legal action, so call us now.
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Midwest Injury Lawyers – Hammond Office
2901 Carlson Drive Suite 363,
Hammond, IN 46323
Phone: (219) 200-0151
Request a Free Consultation
Tell our experienced team about your accident and/or injuries. One of our personal injury attorneys will contact you to schedule a free case evaluation. Remember: you won’t pay for anything unless we secure a compensation on your behalf.
Call (312) 786-5881 or send us a message online to get started.