Motorcycle Accident Attorney in Elkhart

Know the Consequences and Action Steps After a Motorcycle Accident

A motorcycle is much smaller in size and lighter than a car. It is an open vehicle with only two wheels, making motorcycle riding riskier than driving or riding a car. That is why motorcycle accident victims are more likely to die or sustain serious injuries at a significantly higher rate than people in car accidents. If you got involved in a motorcycle accident, your situation might need the help of a motorcycle accident attorney in Elkhart.

A motorcycle accident happens when someone riding a motorcycle gets hurt or their motorcycle gets damaged. That can happen in many ways, like hitting another car, an obstruction on the road, or crashing by themselves. Knowing about motorcycle accidents is important for people in Elkhart because these crashes can cause serious injuries.

Short Summary

Motorcycle accidents are inherently dangerous due to the vehicle’s size and lack of protection. Common causes include overspeeding, distracted driving, and failure to yield. Injuries from these accidents can be severe, such as traumatic brain injuries, spinal injuries, and road rash. Victims often face challenges in receiving adequate compensation for medical expenses and lost wages.

After a motorcycle accident, it’s important to follow specific steps to protect your legal rights and ensure safety. These include getting to safety, calling 911, gathering evidence, and seeking medical attention. Proper documentation and reporting can significantly impact insurance claims and legal outcomes.

Motorcycle accident victims in Indiana may be entitled to compensation for medical bills, lost wages, and pain and suffering. In cases of wrongful death, families can file a lawsuit for financial security. Consulting with a motorcycle accident attorney in Elkhart can help navigate the legal process and ensure fair compensation.

Common Causes of Motorcycle Accidents

Riding a motorcycle is inherently dangerous. There are many possible causes of a motorcycle accident, but safe riding practices (and helmets) can reduce the number of injuries and deaths. However, most of the time, it happens either because of human error or the carelessness of the motorcyclist or the driver of the other vehicle involved in the accident.

Here are some of the common causes of a motorcycle accident:

  • Overspeeding: Most fatal motorcycle accidents occur due to overspeeding. The higher the speed, the greater the risk. Faster motorcycles are more prone to accidents than slower ones. An increase in speed multiplies the risk of an accident and the severity of the injury.
  • Failure to Notice Motorcycles: Vehicles have obstructions and blind spots that hide or obscure a motorcycle and the rider. These include passengers’ heads, door pillars, and areas not visible in the mirrors. Hazardous weather conditions can make it more difficult to see motorcycles, especially if they don’t have lights working properly.
  • Distracted Driving: Distractions take a motorist’s attention from driving, making a rider lose control of the motorcycle, potentially leading to a crash. Distracted drivers put not only themselves at risk but everyone else on the road. Motorcycle drivers who use their mobile phones to talk or text while driving are the most common reason for distracted driving accidents.
  • Driving Under the Influence (DUI): Driving under the influence of alcohol and/or drugs is illegal. In Indiana, a driver is considered “under the influence” if they are substantially impaired by drugs, alcohol, or a combination of substances. Motorcycle drivers who use drugs or consume alcohol can be aggressive and reckless when driving.
  • Failure to Yield Right of Way: A yield sign indicates the right of way to traffic in certain intersections. If you see a yield sign ahead, be prepared to let other drivers crossing your road take the right-of-way to avoid car crashes.
  • Doing an Illegal Maneuver: An illegal maneuver refers to moving violations that include making a right turn from a “Left Turn Only” lane, running a red light, changing lanes over a double white line, and so on.

Common Injuries in Motorcycle Accidents

Motorcycle accidents can cause life-changing and serious personal injuries. Because of the severity of these injuries, motorcycle accident victims will often receive less compensation than they need to pay for medical bills and make up for lost wages.

Here are some of the common serious injuries that one might get from a motorcycle accident:

Traumatic Brain Injuries (TBI)

This is a type of serious injury that disrupts the brain’s normal function caused by a blow, bump, or jolt to the head. Watch out for these common brain injury symptoms:

  • Confusion
  • Dizziness
  • Trouble sleeping
  • Moodiness
  • Headaches
  • Fatigue
  • Difficulty concentrating or remembering

Spine Injuries

Injuries to the spinal cord can cause weakness or complete loss of muscle function and sensation in the body. You should also watch out for symptoms of spinal cord injuries:

  • Back pain
  • Pain in other parts of your body that seem to be free of injury
  • Numbness or tingling
  • Weakness in your limbs

Road Rash

Road rash is more than just cuts, scrapes, and bruises. It is much worse than falling off a motorcycle and scraping your knee. Road rash can cause permanent problems like skin problems, infections, and nerve damage.

Fractures, Broken Bones, and Burns

Broken bones and bad burns can also happen in a motorcycle crash, which can be devastating. You might experience physical disfigurement, have hurt nerves, or not be able to do things you used to. Wearing appropriate safety gear can prevent this from happening.

Many injuries from a motorcycle accident may not manifest right away. They may have very subtle symptoms, or initially no symptoms at all. You must show your injuries to a doctor to document the injuries and prove that the accident’s injuries are not pre-existing conditions.

What Should You Do If You are a Victim of a Motorcycle Accident?

Motorcycle accidents can happen anytime and anywhere. In most personal injury cases, victims regret not being prepared enough for what to do in the event of a motorcycle accident. That’s why motorcyclists should know what to do after being injured or involved in this type of accident.

For the injured accident victims, remaining calm, gathering your thoughts, and understanding what just happened may be challenging. However, what you do right after the accident may significantly affect insurance coverage and any subsequent legal disputes. Here are the essential things that you need to do after being injured in a motorcycle accident:

  1. Get to safety: The most important thing after a motorcycle crash is to stay safe. If you are okay, transfer to a safe place away from the road and other dangers. If someone is badly hurt, call for help right away. Turn on your motorcycle’s hazard lights or use flares to warn other drivers.
  2. Call 911 and authorities: Call emergency help and the local police to come to the place where the accident happened. Police documentation will make an authentic record of what happened. This report can be beneficial when talking to insurance companies or lawyers.
  3. Analyze your surroundings: Gather as much information as possible. Share your contact and insurance details with the other people involved. Get the contact information of any witnesses to help determine what caused the accident.
  4. Take photos of the accident scene: These pieces of evidence can help prove what happened when talking to insurance companies or lawyers. If it’s safe, take pictures of the scene of the accident, the cars, and any damage.
  5. Speak with your insurance company representative: Tell your insurance company about the crash immediately. Tell them the facts, and let the people looking into the crash figure out who is responsible.
  6. Pursue medical care: It’s always important to get checked by a doctor. Keep in mind that some injuries do not show up right away. Your medical records are also important for insurance and legal matters.

Types of Compensation for Motorcycle Accident Victims in Indiana

Aside from the serious injuries mentioned above, motorcycle accident victims tend to get lower compensation than what they need to make up for lost wages and pay for medical expenses. Although either driver may be at fault in a motorcycle accident, it may be harder for motorcyclists to show that there has been no negligence on their part. In this case, the amount of compensation the victim receives is affected.

Suppose you have been severely injured in an accident involving motorcycles. In that case, you may receive just compensation for all the catastrophic and long-term effects caused by the motor vehicle accident. It includes compensation for:

  • Loss of earning potential
  • Lost wages
  • Reduced quality of life
  • Past, present, and expected medical bills
  • Disfigurement
  • Pain and suffering

If your loved one was killed in a motorcycle accident, you may file a wrongful death lawsuit. Although it cannot erase the trauma you’ve suffered, bringing a wrongful death claim may generate the funds necessary to maintain the financial security of the surviving family members. The compensation will be based on the circumstances of the accident.

Call Our Motorcycle Accident Attorney in Elkhart Now!

Handling a motorcycle accident lawsuit is a delicate matter. Being involved in a motorcycle accident can be extremely devastating and can cause emotional distress. Victims have to deal with documentation, doctor’s appointments, medical treatment, insurance claims, financial problems, lost wages, and property damage. However, you should remember that you don’t have to deal with all of these alone.

Consult our motorcycle accident attorney in Elkhart for legal help. Our personal injury law firm in Elkhart, Indiana will help you understand every aspect of your case. We will ensure that the person at fault will be held liable so that you will never have to pay out of pocket. We will be with you every step of the way until you get the compensation and justice that you deserve. Aside from personal injury, we can also help you with criminal defense. Schedule a consultation today!

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Wilson & Kinsman

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A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

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I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

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