Motorcycle Accidents

A Law Firm that Stands Up For Motorcycle Accident Victims Across the State of Indiana

The motorcycle accident lawyers at Ladendorf, Fregiato & Bigler represent injured riders across Indianapolis and throughout Indiana, whether that means fighting insurance companies, negotiating medical bills, or showing up at your hospital bed. We’re motorcycle advocates, and we sponsor local rides like the Bikers Ride Against Child Abuse because this community matters to us.

When the worst happens and you’ve been hurt in a motorcycle accident, you shouldn’t have to deal with medical bills, lost wages, motorcycle repairs, and physical pain because of someone else’s negligence. Call 317-842-5800 or send us a message to discuss your options, ask your questions and learn how you can receive maximum compensation for your injury.

Matt and his team were incredible to work with. They showed genuine concern during my recovery process, took extra time to explain all the steps, and fought for me behind the scenes. I was treated with heartfelt care and respect, as a member of the Ladendorf family. While I hope that I never have another need to hire them, I absolutely wouldn’t hesitate to do so.
– Anna M.

Negligence in Motorcycle Accidents: What To Know

Even if a motorcyclist takes every safety precaution, accidents are still common in Indiana, from Indianapolis’s downtown streets to rural roads. Riders often face even more dangers than drivers. Some of these dangers include:

• Inattentive drivers
• Reckless drivers
• Speeding drivers
• Slippery roads
• Improper road maintenance
• Grass clippings on the roadway
• Loose dogs or other pets
• Dangerous or defective motorcycle parts

It is important that motorcyclists wear protective gear when riding and follow traffic laws accordingly because too often are they found in situations where they must protect themselves from a collision with another vehicle. Motorcycle accidents can occur for many reasons, including the negligence of a driver or third party.

Negligence of a driver

Unfortunately, most of the motorcycle accidents that occur could have been prevented if the driver of the other vehicle was simply paying attention. Often, drivers of a vehicle do not examine the roads for motorcycles and end up causing a collision. These accidents occur because the driver is not looking, is speeding, does not give indication of switching lanes, or does not give the motorcyclist enough space in a lane.

Negligence of a third party

Motorcyclists have to keep their eyes moving at all times on the road, including being aware of the conditions of the road. However, no one can see everything, and some items in the road are unavoidable.  For instance, a pothole may be no obstacle for a large vehicle, but it can be a serious risk for a motorcycle. It is the responsibility of local and federal governments to provide drivers with safe roadways.

Understanding Indianapolis’s Liability Laws

Remember, Indiana has a statute of limitations of two years for personal injury claims. Acting promptly ensures that you do not miss the deadline.

Indiana operates under a fault insurance system, meaning that victims must demonstrate that the other party was responsible for the accident to recover damages. In Indiana, the individual who causes a motorcycle accident is liable for any damages resulting from the incident, which reinforces the importance of determining fault early in accident claims.

Indiana’s Comparative Fault Laws

The comparative negligence principle in Indiana states that a victim’s compensation can be reduced by their percentage of fault, with no recovery possible if the victim is over 50% responsible.

If a motorcyclist is determined to be over 50% at fault in a collision, they are barred from recovering any damages under Indiana’s comparative fault laws.

Insurance companies may utilize stereotypes about motorcyclists being reckless to shift blame and deny reasonable compensation, which necessitates strong evidence from victims to support their claims.

Helmet Regulations in Indianapolis

In Indiana, individuals under the age of 18 and non-licensed permit holders are required by law to wear safety helmets while operating or riding a motorcycle. The Indiana Code mandates that all new riders must wear a helmet, along with eye protection, during their learning period.

Insurance Coverage Specifics in Indianapolis

Indiana requires motorists to have Bodily Injury and Property Damage Liability coverage, which addresses costs incurred due to damages caused in an accident.  In a motorcycle accident, you would initially rely on the liable driver’s liability insurance to cover damages, assuming they are at fault.

An Underinsured Motorist Coverage (UIM) claim can be pursued against the rider’s own insurance provider for additional damages in the event that the rider had UIN coverage at the time of the motorcycle accident.

It is essential for motorcycle accident victims to file all medical bills with their health insurance. Consulting with a motorcycle accident attorney before speaking with insurance adjusters is advised to ensure your rights are protected and to avoid potentially misleading linguistic traps.

Learn more about important insurance information for motorcyclists here, or download our insurance flyer.

Do You Really Need to Hire a Motorcycle Lawyer after an Accident?

Hiring a motorcycle accident attorney increases your chances of securing a larger settlement. Attorneys are skilled in navigating the complexities of the legal process, which helps ensure that motorcycle accident victims receive the maximum compensation for their injuries, pain, and suffering.

Here are some of the reasons to have an experienced motorcycle attorney at your back:

• You can take advantage of your lawyer’s experience in both the law and case strategies to deliver the best outcome for you
• Legal representation is crucial because any statements made to police or insurance providers can significantly impact your case later on.
• Motorcycle accident lawyers can manage negotiations with insurance companies, which often employ tactics to minimize their payouts to victims.
• Engaging a lawyer reduces the risk of making costly mistakes that could adversely affect the outcome of your case following a motorcycle accident.

We had the pleasure of working with Dustin. He was very real and honest with us about our case. He always answered my questions and was there for our family during and after our lawsuit. We couldn’t have asked for a better outcome on our case, thanks to Dustin. Highly recommend!
– Billie W.

The Role of an Experienced Motorcycle Accident Attorney

What does a motorcycle attorney do, actually? An experienced motorcycle accident attorney assesses the facts of the case to establish liability, which may involve investigating multiple parties potentially responsible for the accident.

They utilize resources such as accident reconstruction specialists, expert witnesses, and surveillance footage to build a strong case and demonstrate fault. Motorcycle accident lawyers are skilled in negotiating with insurance companies, employing strategies to counteract tactics aimed at minimizing payouts to victims.

Given Indiana’s modified comparative fault rule, these attorneys help clients understand how partial fault may impact their compensation claims. The lawyers can seek comprehensive compensation for various damages, including medical expenses, lost income, and pain and suffering, ensuring all aspects of the victims losses are addressed.

Understanding Compensation in Indianapolis Motorcycle Accident Claims

In a motorcycle accident claim in Indiana, injured parties may seek compensation for various damages, including injury, medical bills, lost wages, pain and suffering, wrongful death, and property damage. Compensation in motorcycle accident claims is typically divided into economic damages, which cover measurable losses such as medical expenses and lost wages, and non-economic damages, which account for intangible losses like pain and suffering.

Medical Expenses

Medical expenses in motorcycle accident claims encompass both immediate and future costs, such as treatments, surgeries, rehabilitation, and medical devices.

Motorcycle accident injuries often lead to expensive medical bills that can accumulate during a prolonged recovery period. The evaluation of a motorcycle accident case regarding medical expenses may take awhile as it involves collecting medical bills and records from providers. The total value of a motorcycle accident case cannot be determined without knowing the extent of medical expenses incurred and any ongoing treatment required.

In cases where a motorcyclist is hospitalized, they may face significant financial burdens from continuing medical costs tied to their recovery. The combination of medical expenses, lost income, and recovery contributes to the overall financial impact of motorcycle accident injuries on victims.

Lost Wages

Lost wages encompass compensation for the time off work resulting from the motorcycle accident and any potential loss of earning capacity. Compensation for lost wages can include both current income lost due to the accident and future earnings that may be impacted by the injuries sustained.

The evaluation of lost wages will require documentation of the individual’s job status and income prior to the accident, along with any medical records that affect the ability to return to work.

Motorcycle accident claims can secure compensation for lost wages not only for the immediate time frame of recovery but also for long-term impacts if the injuries result in the inability to work.

Non-Economic / General Damages

Non-economic damages, also known as general damages, compensate for losses that do not have a set monetary value, such as pain and suffering, emotional trauma, and loss of quality of life. Unlike economic damages that cover measurable losses like medical expenses, non-economic damages acknowledge the immeasurable suffering experienced by the victim.

Examples of non-economic damages can include catastrophic injury, chronic pain, disfigurement, loss of consortium, and traumatic brain injury (TBI). Severe injuries, such as paralysis from a spinal cord injury or a traumatic brain injury, usually result in higher non-economic damages compared to less severe injuries.

Motorcycle Injury Lawyers Who Know Indianapolis

Having local attorneys from Marion County means having advocates who are familiar with the Indianapolis landscape. While a motorcycle accident can occur anywhere, we understand the risks riders face when dealing with heavy traffic on 465, Interstates 65, 69, 70 and 74, US Highways 31, 36, 40, 52, 136 and 421, and the many state roads throughout Indiana. We serve clients in Broad Ripple, Fountain Square, Greenwood, Plainfield, Carmel, Fishers, Noblesville, Westfield, and beyond.

Our office is conveniently located near the Marion County Superior Court, the U.S. District Court of Southern Indiana and hospitals, including:

• Community Hospital North
• IU Health Methodist
• Ascension St. Vincent
• Franciscan Health

This makes it easy for you to find us and for us to represent you effectively. We are also happy to make house visits or hospital visits.

Involved In A Motorcycle Accident In Indiana?

What to do after a motorcycle accident

If you have been involved in a motorcycle accident, follow these basic steps to make sure your claim is eligible to receive maximum compensation for your injuries and expenses.

• Seek medical attention immediately if you have suffered an injury. Your health should be your No. 1 concern after a motorcycle accident.
• Contact the police and file a police report.
• Obtain all medical files, contact information about drivers and eyewitness involved in the accident, photographs of the scene, and any other information pertinent to the accident.
• Do not give insurance companies your recorded statement. What you say will most likely be used against you. Learn more on our motorcycle insurance checklist page or our general Indiana auto insurance coverage page.

For an easy way to remember what to do after a motorcycle crash, download our printable wallet card to keep with you.

Their team of skilled professionals were great to work with. They started out before I was even released from the hospital after getting hit by a car on my motorcycle. Mr. Ivy was very pleasant and upfront about what could and couldn’t be done. They worked extremely hard on my case and I was more than pleased with the outcome. I highly recommend this law firm for any personal injury case to get the results you deserve with a team that treats you like family through it all.
– Audie G.

FAQs about Motorcycle Accidents And Compensation in Indiana

The roadways of Indiana can be exceedingly dangerous for motorcyclists. Our team understands this firsthand since we have helped thousands of Indiana clients who have suffered injuries in motorcycle accidents. Whether a reckless driver failed to see you or a negligent property owner created dangerous conditions, we can help you recover full compensation for your damages.

On this page, we have answered a few of the questions that our clients often ask us regarding motorcycle accidents. Read on to learn what we have to say and to get answers to some of the questions you may have.

• What is the statute of limitations for motorcycle accident claims in Indiana?
• What is Indiana’s fault insurance system?
• Where do Indiana motorcycle accidents typically occur?
• How is a motorcycle accident case investigated?
• What can motorcyclists do to increase safety on the road?
• Can I recover compensation if an unattended dog runs out of its yard into my bike?
• Can I recover compensation if I crashed because a person blew their fresh-cut grass into the road?
• Is it worth hiring a motorcycle accident attorney?
• What options are available for family members after a fatal motorcycle accident?

What is the statute of limitations for motorcycle accident claims in Indiana?

If you or a loved one are in a motorcycle accident, it’s important to act promptly. Indiana has a statute of limitations of two years for personal injury claims.

What is Indiana’s fault insurance system?

A fault insurance system, like the one followed in Indiana, means that victims of motorcycle accidents must show that the other party was responsible for the accident to recover damages. In Indiana, the individual who causes a motorcycle accident is liable for any damages resulting from the incident, which reinforces the importance of determining fault early in accident claims.

Where do Indiana motorcycle accidents typically occur?

In 2020, Marion County ranked the highest in motorcycle accidents in Indiana — but motorcycle accidents can happen anywhere, whether you’re on I-465 or a rural road on the outskirts.

Certain areas are riskier than others. Intersections, busy roads and highways are common locations for motorcycle wrecks. Factors such as distracted driving, speeding and the lack of visibility after dark can all contribute to motorcycle accidents.

How is a motorcycle accident case investigated?

Motorcycle accident investigations typically involve gathering evidence, including the police report, witness statements and video from surveillance cameras and dash or helmet cameras. Photographs, too, are essential pieces of evidence, since they can show the aftermath of a wreck and help accident reconstruction experts determine how a wreck happened.

What can Indiana motorcyclists do to increase safety on the road?

Motorcyclists can take several measures to improve their safety levels and avoid accidents. For the best results:

• Wear protective gear, including helmets, gloves and appropriate clothing.
• Always follow traffic laws and obey speed limits.
• Stay visible by using headlights, reflective gear and good lane positioning.
• When stopped at intersections, try to make eye contact with other drivers.
• Attend motorcycle safety courses to improve rusty riding skills.

Unfortunately, all the precautions in the world cannot make other drivers more attentive or cautious around motorcyclists.

Can I recover compensation if an unattended dog runs out of its yard into my bike?

Yes. Pet owners have an obligation to keep their animals from causing harm to other people. This includes more than just preventing dog bites. It also means not allowing their dogs to interfere with the path of riders.

Can I recover compensation if I crashed because a person blew their fresh-cut grass into the road?

Yes. Because they make the road so slippery, grass clippings are incredibly dangerous for motorcyclists. However, many property owners disregard local safety laws and leave fresh-cut grass clippings in the street. You may be able to recover compensation if someone else’s lawn clippings contributed to your motorcycle crash.

Is it worth hiring a motorcycle accident attorney in Indiana?

You should always have an attorney on your side if you have experienced a motorcycle crash. First, you need someone who understands the overwhelming legal and administrative tasks that you must follow to collect compensation. Second, you need someone who can advocate for your rights, as many individuals and insurance representatives often try to place the blame for a motorcycle accident on the rider.

What options are available for family members after a fatal motorcycle accident?

Motorcycle accidents often result in severe injuries to the motorcyclist. Sometimes, a rider does not survive. In those situations, family members who are left behind often want to know how to seek justice.

In Indiana, the personal representative of the deceased motorcyclist’s estate can pursue a wrongful death claim on behalf of the estate. If the claim is successful, the estate can recover compensation for the deceased’s medical expenses, the value of their lost wages or services to their family, plus funeral and burial costs. However, the statute of limitations for an Indiana wrongful death, which controls how long someone has to file a personal injury claim, is only two years. That makes it critical to act quickly.

Ask More Questions About Recovering Compensation

Our team members can answer even more of your questions. Having handled thousands of cases, there is probably no situation we have not encountered when it comes to motorcycle accidents. Contact our Indianapolis office to ask more questions to an attorney. Call 317-842-5800 or send us an email to schedule an initial consultation.

I appreciate Matt Bigler and Cathy Black and their thoughtful and clear guidance through a difficult time—from helping us determine if our case needed representation, to navigating medical and insurance hurdles, to quickly getting resolution to our case. We were able to focus on healing and recovery, because we were confident that they were handling all of the details— even details we didn’t know needed handled! I was hesitant to hire an attorney as I was worried my family would be taken advantage of, but experienced quite the opposite— this law firm took great care of us!
– Nancy Y.