Indianapolis Motorcycle Accident Lawyers
Motorcyclists are much more likely to be injured or killed in an accident than the driver of a car or truck. The primary cause of motorcycle accidents is the failure of other motorists to see the motorcycle due to blind spots or simple driver inattention. Cars change lanes on busy freeways, never even seeing the motorcycle rider in the next lane, or back out of a driveway or parking space into a passing motorcyclist. Motorcyclists are also vulnerable to being rear-ended, or from vehicles making a left-hand turn in front of a motorcycle—usually because the driver of the vehicle miscalculates the speed of the motorcycle. When a motorcyclist is involved in an accident with a vehicle, about two-thirds of those accidents are the result of the vehicle violating the motorcyclist’s right-of-way.
According to the National Highway Traffic Safety Administration (NHTSA), of every 100,000 cars on the road, about 13.1 are involved in fatal crashes each year, but for every 100,000 motorcycles on the road, 72.34 are involved in fatal crashes each year. This makes a motorcyclist five times as likely to be involved in a fatal collision than a person driving a car.
Further, those who are involved in car accidents have about a 20 percent chance of serious injury or death resulting from the crash. Those involved in a motorcycle accident have an 80 percent chance of serious injury or death. Males account for nearly 90 percent of motorcycle crash fatalities, while females who die in a motorcycle collision are more likely to be a passenger on the motorcycle—65 percent of the time.
As you can see, it is simply more dangerous to ride a motorcycle on the roadways than to drive a car. This makes sense when you realize that there are no seatbelts or airbags on a motorcycle, and the size of the motorcycle makes it more difficult for drivers to see. Virtually the only protection motorcyclists have are helmets and leathers, and since the helmet laws have been widely relaxed, and few riders wear leathers when it is warm outside, there is little to no protection afforded those on a motorcycle.
Bias Common in Motorcycle Accident Cases
Many times, when a case involving a motorcyclist goes to court, the jury judges the case based on preconceived—and inaccurate—perceptions of the “typical” motorcycle rider. Of the motorcycle accidents which occur, only a very few motorcyclists are lucky enough to come through the collision with minor bruises and abrasions. The vast majority end up with extremely serious injuries which can result in months or years of rehabilitation.
A jury pool may not have a strong understanding of the fact that bikers actually do have a right to do things a bit differently than cars—such as legally riding between lanes of traffic or using the carpool lane. The average person will fail to give motorcycles enough room, ignoring the need for a greater stopping distance.
Some people may also believe that motorcycles are risky and motorcyclists are risk-takers. Even in cases where the motorcycle rider had the clear right of way, some jurors will still place the blame on the biker. This is obviously prejudicial thinking. Because of these biases, it is imperative that an experienced motorcycle accident attorney be on the case right from the beginning, to ensure the motorcyclist receives a fair settlement despite potential biases.
Motorcycle Injuries
The lack of protection a motorcyclist is afforded means he or she is often left with devastating injuries following an accident. Brain injuries, spinal cord injuries, limb amputations, bone fractures and death are all common in a motorcycle accident. These types of injuries can leave the biker unable to work for a very long time. They may also face staggering medical bills which seem to have no end in sight. The most common injury which results from these accidents is head trauma and traumatic brain injury. A concussion is the result of a head injury caused by blunt force trauma. It can cause short-term complications as well as problems which last much longer.
What is a Concussion?
A concussion occurs when an unexpected blow to the head is received, and the brain is essentially bounced around inside the skull. The brain is a spongy organ surrounded by fluid and shielded by the hard bones of your skull. Normally the fluid surrounding your brain is a sort of cushion which keeps the brain from slamming into the skull bones, but when a head takes a serious blow the brain can hit the hard skull bones, causing minor to serious injury. Any way you look at it, when a human head hits the pavement—or a vehicle—at a high rate of speed, it’s likely there will be damage.
Symptoms of Concussion
Following a head injury sustained in a motorcycle crash the motorcyclist may experience a loss of consciousness, blurry vision or confusion, sensitivity to light or loud noises, insomnia, difficulty concentrating, minor to severe headaches, nausea and vomiting, and even short-term memory loss. The doctor may perform a CT scan and assess the motorcyclist’s neurological functions to determine if they have suffered a concussion. Concussions are very serious and anyone who may have suffered a head injury should be examined by a healthcare professional.
Hiring an Experienced Motorcycle Accident Lawyer
Victims of motorcycle collisions need a seasoned personal injury attorney who is well-versed in dealing with the many details which exist in a motorcycle accident. The attorneys at Cohen & Malad, LLP are highly skilled at negotiating a fair settlement, re-creating the accident when necessary, cross-examining witnesses, and convincing a jury that they must treat the motorcyclist’s injuries just as they would those of an automobile accident victim.
Cohen & Malad, LLP attorneys will hold the responsible party accountable for all compensation you are entitled to which may include your medical expenses, pain and suffering, lost wages and future lost earnings. We will fight aggressively for your rights, taking care to secure an equitable settlement – or verdict if trial is necessary — on your behalf so you can focus on healing. A Cohen & Malad, LLP personal injury attorney can be your ally in the face of traumatic injury and financial devastation. Contact Cohen & Malad, LLP today for a comprehensive evaluation of your motorcycle accident damages.
