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Indianapolis Motorcycle Accident Lawyers

Getting Justice for Motorcycle Riders Across Indiana

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Motorcycle Accident Lawyer
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Why Choose CohenMalad, LLP for Your Motorcycle Accident Case?

Since 1967, CohenMalad, LLP has fought for the rights of injured motorcyclists throughout Indianapolis and across Indiana. We understand the unique challenges riders face after an accident — from severe injuries to unfair bias against motorcyclists.

Our high-ranking team of attorneys has secured substantial settlements and verdicts for motorcycle accident victims, helping them rebuild their lives after devastating crashes. We know how to counter insurance company tactics that attempt to shift blame onto riders, and we work tirelessly to help our clients receive fair compensation for their losses.

When you choose CohenMalad, LLP, you gain advocates who appreciate motorcycle culture and recognize that most riders prioritize safety. We'll stand by your side through every step of the recovery process, handling the legal complexities while you focus on healing.

Common Causes of Motorcycle Accidents in Indianapolis

Motorcycle accidents in Indianapolis and throughout Indiana happen for various reasons, but many involve negligence by other drivers:

  • Left-turn collisions: Drivers failing to yield when turning left across traffic, cutting off approaching motorcyclists.
  • Blind spot accidents: Cars changing lanes without checking properly for motorcycles.
  • Distracted driving: Drivers texting, using phones, or otherwise not paying attention to the road.
  • Dooring incidents: Parked motorists opening doors into a motorcycle's path without looking.
  • Rear-end collisions: Vehicles following too closely and hitting motorcycles from behind.
  • Road hazards: Potholes, gravel, debris, or poor road maintenance that particularly affects two-wheeled vehicles.
  • Impaired driving: Drivers under the influence of alcohol or drugs who fail to notice motorcyclists.
  • Weather conditions: Rain, fog, or other conditions that reduce visibility and traction.

Our investigation team works to identify what caused your accident and which parties bear responsibility, building a strong foundation for your claim.

Types of Motorcycle Accident Injuries

Motorcycle accidents often result in more severe injuries than car crashes because riders lack the protective shell of a vehicle. Common injuries include:

  • Road rash and skin abrasions: Painful injuries that can lead to infection and permanent scarring.
  • Broken bones and fractures: Particularly common in the arms, legs, wrists, and collarbones.
  • Traumatic brain injuries: Head injuries with lasting cognitive effects.
  • Spinal cord damage: Potentially resulting in partial or complete paralysis.
  • Internal organ injuries: Blunt force trauma damaging vital organs.
  • Biker's arm: Nerve damage from instinctively using arms to break a fall.
  • Facial injuries and disfigurement: Often requiring reconstructive surgery.
  • Lower extremity injuries: Damage to legs, knees, ankles, and feet.
  • Psychological trauma: PTSD, anxiety, and fear of riding again.

These injuries often require extensive medical treatment, rehabilitation, and time away from work. Our goal is to secure compensation that covers all of these aspects of your recovery.

Indiana Motorcycle Laws Every Rider Should Know

Understanding Indiana's motorcycle laws helps establish your compliance with regulations if an accident occurs:

  • Licensing requirements: All motorcycle operators must have either a motorcycle endorsement on their driver's license or a motorcycle learner's permit.
  • Helmet laws: Indiana only requires helmets for riders and passengers under 18 years of age, though we strongly recommend helmets for all riders.
  • Eye protection: This is required for all riders under the age of 18 unless the motorcycle has a windscreen.
  • Passenger restrictions: Motorcycles must have passenger footrests and separate seating to legally carry passengers.
  • Lane splitting: Motorcyclists must use a full lane like other vehicles.
  • Equipment requirements: Motorcycles must have at least one headlight, a taillight, brake light, license plate light, and rearview mirror.
  • Insurance requirements: Minimum liability coverage of $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage is required.

Our attorneys stay current on all motorcycle regulations to effectively address any compliance questions that might arise in your case.

What to Do After a Motorcycle Accident

Taking the right steps after a motorcycle crash can protect both your health and your legal claim:

  1. Seek immediate medical attention: Even if you think your injuries are minor, some symptoms may not appear immediately.
  2. Report the accident: Make sure police document the crash and file an official report.
  3. Gather evidence if possible: Take photos of the accident scene, your injuries, and damage to your motorcycle.
  4. Exchange information: Get contact and insurance details from all drivers involved.
  5. Collect witness information: Names and contact details of anyone who saw the accident.
  6. Avoid discussing fault: Don't make statements about who caused the accident to other drivers or insurance representatives.
  7. Document everything: Keep records of medical visits, treatments, and how your injuries affect your daily life.
  8. Notify your insurance company: Report the accident, but provide only basic facts.
  9. Don't accept early settlement offers: Insurance companies often make low initial offers before the full extent of injuries is known.
  10. Contact a motorcycle accident attorney: Get legal representation before giving statements to insurance companies or accepting any offers.

Our attorneys can guide you through these steps and take over communications with insurance companies to protect your interests.

Compensation Available After a Motorcycle Accident

Motorcycle accident victims may be entitled to various types of compensation, including:

  • Medical expenses: Current and future costs of hospital stays, surgeries, medications, physical therapy, and ongoing treatments.
  • Lost wages: Income lost while recovering from injuries.
  • Diminished earning capacity: Compensation for reduced ability to earn income in the future.
  • Property damage: Costs to repair or replace your motorcycle and damaged gear.
  • Pain and suffering: Compensation for physical pain and discomfort caused by injuries.
  • Mental anguish: Damages for emotional distress, anxiety, and psychological impact.
  • Disfigurement and scarring: Additional compensation for permanent visible injuries.
  • Loss of enjoyment of life: Damages for inability to participate in hobbies and activities you previously enjoyed.
  • Loss of consortium: Compensation for impact on relationships with spouse and family members.

Our goal is to secure a settlement or verdict that fully accounts for both the economic and non-economic effects of your accident.

How Indiana's Comparative Fault Rules Affect Motorcycle Claims

Indiana uses a modified comparative fault system that can significantly impact motorcycle accident claims:

  • If you're found to be 50% or less responsible for the accident, you can still recover damages, though your compensation will be reduced by your percentage of fault.
  • If you're found to be 51% or more at fault, you cannot recover any compensation.

This system makes it crucial to have strong legal representation, as insurance companies often try to assign more blame to motorcyclists based on unfair stereotypes. Our attorneys work diligently to present evidence that minimizes your assigned fault and maximizes your recovery.

The Statute of Limitations for Motorcycle Accident Claims

In Indiana, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can permanently bar you from seeking compensation.

However, certain circumstances may extend or shorten this timeframe:

  • If the accident involved a government entity, notice requirements as short as 180 days may apply.
  • If the victim was a minor or mentally incapacitated, the statute may be tolled.
  • If injuries weren't immediately identifiable, the discovery rule might extend the deadline.

Because of these complexities, it's advisable to consult with a motorcycle accident attorney as soon as possible to protect your rights after a crash.

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Get Legal Help After a Motorcycle Crash

If you've been injured in a motorcycle accident, don't face the insurance companies alone. Contact CohenMalad, LLP today for a free consultation. We'll evaluate your case, explain your options, and empower you to take the next step in your legal journey.

Meet Our Indianapolis Motorcycle Accident Attorneys

Our motorcycle accident team at CohenMalad, LLP brings together attorneys with decades of experience representing injured riders. We understand the physics of motorcycle crashes, the types of injuries they cause, and the challenges riders face in the insurance claims process.

Our attorneys have successfully handled cases involving a range of motorcycle types, from cruisers and sportbikes to touring motorcycles and custom builds. We work closely with accident reconstruction specialists, medical authorities, and economic analysts to build comprehensive cases that address all aspects of our clients' damages.

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Frequently Asked Questions About Motorcycle Accident Claims

  • Does not wearing a helmet affect my ability to recover compensation?

    For riders over 18, not wearing a helmet is legal in Indiana and should not bar recovery. However, insurance companies may argue that your injuries were worsened by not wearing a helmet. Our attorneys can work to counter these arguments effectively, focusing on the fact that the other driver's negligence caused the accident regardless of helmet use.

  • How much is my motorcycle accident case worth?

    Every case is unique, and the value depends on factors, including severity of injuries, permanent limitations, impact on work, medical costs, and available insurance coverage. During your consultation, we can provide a realistic assessment based on similar cases we've handled and the specific details of your situation.

  • What if the driver who hit me doesn't have insurance?

    If you're hit by an uninsured or underinsured driver, you may still have options:

    • Your own uninsured/underinsured motorist coverage (if included in your policy)
    • Medical payment coverage from your motorcycle insurance
    • Personal health insurance for medical costs
    • Claims against third parties who share liability

    Our attorneys explore all possible sources of compensation. You should not be left bearing the financial burden of someone else's negligence.

  • How long will my motorcycle accident case take to resolve?

    The timeline varies based on several factors, including:

    • The severity and long-term nature of your injuries
    • Whether liability is disputed
    • The number of parties involved
    • Insurance company cooperation
    • Court schedules if litigation is necessary

    While some cases settle within months, complex cases with severe injuries may take one to two years to resolve. We work efficiently but don't settle before understanding the full extent of your damages.

  • Will my motorcycle accident case go to trial?

    Most motorcycle accident cases are settled before trial, but we prepare every case as if it will go to court. This thorough preparation often leads to better settlement offers. If the insurance company refuses to offer fair compensation, we have the trial experience to present your case effectively to a jury.

Contact CohenMalad, LLP Today for a Free Consultation

If you or a loved one has been injured in a motorcycle accident, don't delay in seeking legal representation. The sooner we can begin investigating your case and preserving evidence, the stronger your claim will be.

Contact CohenMalad, LLP today to discuss your motorcycle accident case with our experienced attorneys. There's no fee unless we win your case.

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