South Bend Motorcycle Accident Lawyers
Motorcycle accidents can result in serious injuries, fatalities, and significant financial burdens for those involved. The lack of protection for motorcyclists compared to passenger vehicle occupants can make these incidents particularly devastating. Recovering compensation after a motorcycle accident requires a thorough understanding of Indiana’s personal injury laws and the legal processes involved.
The South Bend motorcycle accident lawyers at Wilson & Kinsman, LLC, represent individuals injured in motorcycle accidents; contacting our team is an important first step toward obtaining fair compensation. We provide guidance on filing claims, gathering evidence, and pursuing damages to cover medical expenses, lost income, and other related costs.
What Are the Common Causes of Motorcycle Accidents?
Motorcycle accidents happen for a variety of reasons, often involving negligence by one or more parties. Common causes include:
• Distracted driving, like texting or using a phone while behind the wheel.
• Failure to yield, which can occur when drivers do not notice motorcyclists at intersections or during lane changes.
• Speeding, which reduces reaction time and increases the severity of collisions.
• Impaired driving, including alcohol or drug use by drivers.
• Hazardous road conditions, such as potholes or debris, which can be particularly dangerous for motorcycles.
Understanding the cause of the accident is a critical part of establishing liability and pursuing compensation. Our South Bend motorcycle accident lawyer often work with investigators and accident reconstruction experts to identify the factors contributing to a crash.
What Should I Do After a Motorcycle Accident?
After a motorcycle accident, taking immediate steps to address safety and legal concerns is vital. First, assess your physical condition and call 911; request medical attention if needed. Prompt medical care safeguards your health and also provides documentation of your injuries, which can be important for any legal claim.
A police report can serve as an impartial record of the incident and may include information about fault and contributing factors, so ask the responding officers about obtaining a copy. It is also helpful to gather contact information from other parties involved, as well as any witnesses. Photographs of the accident scene, vehicle damage, and injuries can also be valuable evidence.
Reaching out to a South Bend motorcycle accident lawyer early in the process is wise; we explain your legal options and protect your interests. We suggest contacting us before calling your insurance company; we can advise you about what to say – and what not to say to them.
Who Can Be Held Liable for a Motorcycle Accident?
Liability for a motorcycle accident depends on the circumstances of the incident. In many cases, another driver may be responsible due to negligent behavior, such as failing to obey traffic laws or driving under the influence. However, other parties may also bear responsibility, including:
• Employers, if the at-fault driver was operating a vehicle for work purposes.
• Manufacturers, if a defect in a vehicle or motorcycle part contributed to the accident.
• Government entities, if unsafe road conditions or inadequate signage played a role in the crash.
Establishing liability requires evidence, such as police reports, eyewitness testimony, and professional analysis of your injuries, the accident site, and the vehicles involved. Our South Bend motorcycle accident lawyer can build a strong case by gathering and presenting this evidence effectively.
What Compensation Is Available After a Motorcycle Accident?
The compensation available after a motorcycle accident depends on the extent of the injuries and the impact on the individual’s life. Common types of damages that may be pursued include:
• Medical expenses, both current and future, for treatment, rehabilitation, and therapy.
• Lost income due to missed work, as well as diminished earning capacity if the injuries result in long-term disability.
• Pain and suffering, which accounts for physical pain and emotional distress caused by the accident.
• Property damage for repairs or replacement of the motorcycle and other personal belongings.
Each case is unique, and the amount of compensation depends on the circumstances. Our South Bend motorcycle accident lawyers can determine the appropriate damages to seek.
How Does Indiana Law Affect Motorcycle Accident Claims?
Indiana laws have specific provisions that impact motorcycle accident claims. To start, the state follows a modified comparative fault system, which means that individuals can recover compensation as long as they are not more than 50 percent at fault for the accident. Remember, any compensation awarded will be reduced by the percentage of fault assigned to the claimant.
Additionally, Indiana imposes a statute of limitations on personal injury claims. In most cases, individuals have two years from the date of the accident to file a lawsuit. Failing to meet this deadline can result in the loss of the right to pursue compensation.
Motorcycle riders must also follow Indiana’s helmet laws. While only riders under 18 are legally required to wear helmets (and eye protection), not wearing one can impact a claim if it is determined that the lack of a helmet contributed to the severity of injuries.
What Steps I Take to Strengthen My Claim?
Building a strong claim involves taking several proactive steps. Our South Bend motorcycle accident lawyer begin by gathering as much evidence as possible; when possible, this includes evidence from the accident scene. Photographs, witness statements, and police reports can also provide critical information about the circumstances of the cash.
Following up with medical professionals and keeping records of all treatments and expenses is another important step. These records demonstrate the impact of the injuries on your health and finances.
If an insurance company offers you an initial settlement, refrain from signing it immediately. It could be a low offer that will not cover the full extent of your damages. We handle communication with insurance companies, negotiate settlements, and, if necessary, represent you in court.
Experienced South Bend Motorcycle Accident Lawyers at Wilson & Kinsman, LLC Offer Free Consultations
If you or a loved one was injured in a motorcycle accident, the skilled South Bend motorcycle accident lawyers at Wilson & Kinsman, LLC can protect your rights and pursue the compensation you deserve. For a free consultation, call 574-522-1900 or submit our online form. Located in Elkhart and South Bend, Indiana, we serve clients in Goshen, Mishawaka, Granger, Osceola, Bristol, and La Porte.
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