Evansville Motorcycle Accident Lawyer

Motorcycle accidents can be devastating. They are often amongst the most serious kinds of accidents due to a motorcycle’s size difference and lack of protection in comparison to a car or truck.

If you or a loved one have been involved in a motorcycle accident, seek the advice of an experienced Evansville, Indiana motorcycle accident attorney at Tuley Law Office.

Causes of Motorcycle Accidents

Motorcycle accidents may be caused by several different factors. While motorcycles can be fun, they can also be extremely dangerous. Motorcycle accidents can be caused by inexperience or by negligence. Below, we cover some—but not all—of the common causes of motorcycle accidents:

  • Dangerous road conditions: Motorcycles do not handle the same way as other vehicles. There are some conditions (rain, ice, loose gravel, etc.) that are exponentially more dangerous for motorcycles to ride on and can lead to dangerous accidents or collisions.
  • Inexperience: Motorcycle drivers may not fully understand how to operate their machines on a roadway. Similarly, other drivers might not be used to navigating around motorcycles. A car driver not understanding how the rules change when sharing the road with a motorcycle driver can increase the risk of an accident.
  • Impaired driving: Driving while under the influence, tired, or distracted can make it much more difficult to respond to changing traffic patterns. Impaired drivers are also less vigilant and may not notice motorcycle drivers around them.
  • Aggressive driving: Speeding, changing lanes without a signal, and tailgating are all known factors that increase the chances of a car and/or motorcycle accident.

Driving safely on the road and avoiding any of the above is always recommended, but does not guarantee your safety from other drivers. Motorcycle accidents can also be caused by blind spots, defective parts, and simple mistakes.

Dangers of a Two-Wheel Vehicle

Along with motorcycle drivers, individuals riding scooters and mopeds must also deal with certain factors that increase their risk of getting into an accident.

  • Lack of sound: Motorcycles are loud, but scooters and mopeds are relatively quiet and do not notify nearby drivers of their presence.
  • Quick stops: Similar to how trucks and large vehicles take longer to stop, smaller vehicles with less weight can stop very quickly. This may cause other drivers to misjudge the amount of braking space they have to avoid crashing.
  • Visibility: These vehicles are smaller and may drive between cars in a way other drivers are not used to. This makes it harder to notice and keep track of them, leading to accidents.
  • Lack of protection: Two-wheel vehicles do not have walls or barriers to protect the driver. Aside from some personal protection and gear, there is not much to offset the impact of a vehicle during a collision.

When driving a car, remember that you could be sharing the road with other two-wheel drivers. If you are on the two-wheel, do not expect other drivers to take all the necessary precautions, as they may not know you are there or be used to driving with your type of vehicle.

How to Avoid a Motorcycle Accident in Evansville, Indiana

No matter how hard you try, you cannot control other drivers. The best way to avoid motorcycle crashes is by being vigilant whenever and wherever possible. Be aware of your surroundings—especially when conditions are bad—and give ample notice of your next move on the road; this goes for both car and motorcycle drivers.

Here are some additional safety tips for motorcycle riders from Tuley Law Office.

Motorcycle Accident Statistics

Motorcycles are much less stable than cars and oftentimes less visible to other drivers. Motorcycles lack protection, and as a result, accidents involving motorcycles are that much more dangerous.

According to the National Highway Traffic Safety Administration, motorcycle riders are over 25 times more likely to die in a collision than car or truck occupants.

Common Types of Motorcycle Injuries

Motorcycle accidents can be extremely dangerous and sometimes fatal. Common injuries in motorcycle accidents include but are not limited to:

  • Traumatic brain injuries (TBIs): While head injuries can be mild concussions, they can also result in lasting mental issues which have no effective treatment, such as brain injuries and depression.
  • Spinal cord injuries: The spinal cord is home to many nerve pathways in the body. Damaging your spine can lead to lasting mobility issues, such as paralysis.
  • Internal injuries: Sometimes an injury may not be visible. High-impact crashes can cause damage to certain organs or systems in the body that will create serious issues down the road. This is why it’s important to get a medical examination even if you think you are not injured.
  • Bone fractures: While broken bones and bone fractures don’t typically require extensive treatment or surgeries, they may still leave you unable to perform work duties for a significant period of time.
  • Road rash: When a biker is thrown from their motorcycle, they often slide across whatever surface they hit. This friction can cause serious burns or scrapes which could lead to nerve damage or infection if not properly treated.
  • Death: The impact between vehicles and lack of protection from a motorcycle can result in very serious, and sometimes fatal, injuries.

Motorcycle accident injuries range in severity. Depending on the circumstances of your accident, you may have a longer road to recovery. More treatment means more bills, and your lawsuit should reflect that. Insurance companies often make an offer that seems generous, but does not factor in future costs which will continue to impact your life.

Types of Motorcycle Accident Compensation

Compensation for victims of motorcycle accidents can be awarded in several different ways. There are two types of compensation: compensatory damages and punitive damages.

Types of compensatory damages include:

  • Loss of earning or future earnings: Also known as lost wages, these benefits are meant to compensate individuals for the time they spend in recovery unable to work. This also covers those who may never be able to return to work as a result of lifelong disabilities.
  • Medical bills: Any expenses related to the motorcycle injury can be compensated in an Evansville motorcycle injury lawsuit. This includes surgeries, hospital stays, treatment, physical therapy, etc.
  • Property expenses: If the accident causes damage to the victim’s belongings—namely their motorcycle—the liable party may be responsible for covering those costs.
  • Physical pain and suffering: While there’s no concrete number for this, injury victims can still receive benefits for the physical pain caused by their injuries.
  • Emotional distress: Along with physical pain, injury victims can also receive benefits for emotional stress and trauma that they experienced as a result of their injury.
  • Loss of companionship: If the injured victim dies or is completely disabled as a result of the motorcycle accident, their spouse can claim loss of companionship (also called loss of consortium). This is awarded when the victim can no longer provide services, companionship, or aid to the surviving loved one.

Punitive damages are less common than compensatory damages and are awarded to an injured party when the opposing party’s actions are deemed especially negligent.

Our Evansville motorcycle accident team will be able to provide a clearer idea of what damages you may be eligible for.

What to Do If You’ve Been in a Motorcycle Accident

If you or a loved one have been involved in a motorcycle accident, you may be facing hardship from physical injuries, loss of income, or emotional distress. Following a motorcycle accident, it’s important to take specific steps to ensure you’re taken care of.

  • Stay calm and ensure you are uninjured—if you are injured, seek medical attention right away
  • Call the police
  • Document the accident by taking photos and notes
  • Collect contact information from eyewitnesses
  • Seek medical attention—even if you are not injured, it is important to be checked for injuries
  • Inform insurance company
  • Seek advice from an experienced Evansville attorney

While your health and safety should always be your top priority, obtaining information about the accident is a crucial step in the process. Gathering evidence to support your claim is imperative.

Filing a Motorcycle Accident Lawsuit

Motorcycle accidents can be filed in a number of different ways. You may file a lawsuit to receive compensatory damages for pain and suffering or medical expenses, or you may file a lawsuit for punitive damages if the accident was a result of negligence.

A lawsuit will depend on several factors, including your injuries, current, and future medical needs or expenses, and your lawyer’s experience. On average, motorcycle accidents can take 12 to 24 months to settle. It is imperative you work with an experienced Evansville attorney throughout the process of filing an insurance claim in Indiana.

Statute of Limitations

The statute of limitations, also known as the time frame in which you are able to file a lawsuit following an accident, is two years in the state of Indiana for motorcycle accidents. This means you must file the lawsuit no later than two years from the date of the accident.

If the victim dies in the crash, the claim becomes a wrongful death claim, which also has a two-year statute of limitations. However, if the victim dies after the accident as a direct result of the sustained injuries, the deadline for a wrongful death claim becomes two years from the date of the victim’s death.

Motorcycle Accident Settlement Procedure

Life can be extremely overwhelming and stressful following an accident. Medical bills, motorcycle repairs, and dealing with insurance companies can make it difficult to keep your head above water.

While each case is different, our attorneys at Tuley Law Office can help you understand your rights within a motorcycle accident lawsuit and evaluate your case to decide the best next steps for receiving the compensation you deserve.

How Can an Experienced Indiana Motorcycle Accident Attorney Help?

Hiring an Indiana motorcycle accident attorney is a big step in the process of obtaining justice following an accident. An attorney can assist you in filing a lawsuit, reaching a settlement, and receiving the compensation you deserve. Hiring an experienced motorcycle accident attorney increases your chances of receiving fair, timely compensation for your losses.

The motorcycle injury attorneys at Tuley Law Office offer you constant communication and a contingency-based payment plan. This means that you won’t have to pay us unless you get paid. We want to ensure that pursuing damages does not make your life any harder than it already is after your crash.

Reach out to an Evansville Motorcycle Accident Lawyer at Tuley Law Office

If you or a loved one have been involved in a motorcycle accident, your most important priority is recovering. While you are working on getting better, we will handle the legal aspects of your case.

The Evansville motorcycle accident attorneys at Tuley Law Office have decades of combined experience to assist you throughout the difficult process of obtaining the full and fair compensation you deserve. Contact a member of our team today for a no-cost case evaluation.

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