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How Are Motorcycle Accident Cases Different From Car Accident Cases?

Sep 27, 2023 | Motorcycle Accident

Motorcycle Accident

Thousands of motorcycle accidents occur every year in Indiana. Just like driving a car, riding a motorcycle poses risks. Car accidents and motorcycle collisions are alike in many ways, but motorcycle accidents are distinct in terms of injuries, laws and regulations, and liability. 

If you or a loved one were injured in a motorcycle accident, an Indiana motorcycle accident attorney can guide you through the unique challenges that motorcycle accidents present.

Risk and Injuries for Motorcycle Accidents

Any collision is devastating, but as a motorcyclist, you have less protection than car or truck drivers when an accident occurs. Even with safety gear, the injuries you sustain can be more significant and life-altering than injuries sustained in car accidents. 

If you’re in a motorcycle accident, you’re more likely to suffer a severe brain injury, spinal cord damage, and loss of limbs than a car accident survivor.

Not only do these injuries drastically change your quality of life, they require expensive medical treatment. Similarly, the property damage in a motorcycle accident can be irreparable. These costs can factor into your compensation if you did not cause the accident.

Laws and Regulations for Motorcycle Accidents

Because motorcycle accidents are so dangerous, there are more rules and regulations that you must follow as a motorcyclist. If caught violating the following rules, you could face a fine of up to $500 and a license suspension. 

Indiana requires all motorcyclists under 18 years old to wear a U.S. Department of Transportation-approved helmet. It must fit properly, and you should replace it if it starts to show signs of wear and tear. 

The law only permits motorcycle passengers when the passenger has a secure seat designed for passengers. Indiana prohibits any passengers from riding on Class B motorcycles.

As a motorcyclist, turn your headlights on whenever your motorcycle is in operation to make yourself visible. Indiana also prohibits lane-splitting. 

If you were violating any of these laws when your accident took place, your insurance company may find you at fault. 

Liability in Motorcycle Accidents

Unfortunately, courts and insurance companies have unfair biases against motorcyclists. Even as the mode of transportation becomes more popular, people still believe motorcyclists are reckless risk-takers. 

This misconception leads to low settlement offers and accusations of liability. Similarly, because motorcycles aren’t as universally understood as cars, some judges might mistake a safety maneuver, like speeding up, for a risky behavior. 

Other parties who can be liable for a motorcycle accident include:

  • Car driver
  • Motorcycle manufacturer
  • Owner of the property where the accident occurred

Exploring each of these options is important. Having an Indiana motorcycle accident attorney will help you determine your fault in the accident, if any. If the court finds you were partially at fault, they will reduce the damages you collect by that percentage. 

If you are more than 50% at fault, you may not be able to pursue compensation through an insurance claim. Indiana requires you as a motorcyclist to have liability insurance. The minimum insurance includes: 

  • $25,000 for damage to property in one accident
  • $25,000 for injuries to or the death of one person
  • $50,000 for injuries to or the death of multiple people in an accident

Filing a Motorcycle Accident Claim? Contact a Skilled Indiana Motorcycle Accident Attorney

If you’ve been in a motorcycle accident, don’t wait to find representation. Motorcycle accident claims face biases and unique challenges throughout the process. 

The experienced motorcycle accident lawyers at Stewart & Stewart Attorneys can help. Contact us today at (800)-333-3529 for a free consultation. 

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