Indianapolis Motorcycle Accident Lawyer

Our attorneys know from experience that the most common cause of motorcycle accidents is negligence by the other driver. Drivers who should be paying attention to the road are instead texting on cell phones, distracted by talking to a passenger or operating their vehicle under the influence of alcohol or drugs. You won’t know the causes until we investigate!

More than 5,000 motorcyclists are killed in the U.S. annually, and an additional 84,000 are injured in crashes. That represents a lot of grieving families. This pain and grief are made even worse if another driver’s negligence caused the collision. While the police department will investigate the crash, be aware that law enforcement is primarily concerned with criminality – not liability. You need a motorcycle accident attorney and investigative team working to secure the evidence needed to prove your claim.

Our thorough investigative process includes securing the right experts for your bike wreck case. Did a traffic signal malfunction? Did all safety equipment perform up to standards? What was the other driver doing at the time of the accident? Did the engineering of the highway contribute to the motorcycle accident? At Stephenson Rife, our motorcycle accident attorneys will discover critical evidence initially overlooked by law enforcement, and even other attorneys.

Why Choose Us?

Our Indiana Motorcycle Accident Attorneys Know How to Win

Stephenson Rife has an outstanding reputation for winning motorcycle accident lawsuits and securing the largest payouts possible. Attorney Mike Stephenson has 40 years of legal experience and has won many large personal injury claims totaling millions of dollars. Recently named a Super Lawyer in Indiana, Attorney Mike Stephenson is one of the most experienced trial lawyers in the state. He has served as lead trial counsel in over 100 civil jury trials and handled litigation in 18 states nationwide. State and local polls by peers have listed Mike as one of Indiana’s top lawyers, including a poll of 14,000 attorneys from 2004-2016 in which he was chosen to be among the top 5% of the attorneys in his area of practice.

The legal team at Stephenson Rife also includes Attorney Brady Rife, who takes case preparation seriously and prepares each case as though it may be tried in court. Some of the firm’s most successful cases include winning a $48 million settlement against a large corporation in a fatal vehicle crash in New Mexico and a $14 million settlement against a national trucking company in Illinois. Not surprisingly, we have many satisfied clients.

Whether the accident was caused by another driver or a defective motorcycle, we aggressively represent bikers injured in crashes. We will always fight for the maximum compensation you deserve. We put the experts, our experience, and our firm’s financial resources to work to prove your case.

What Should I Do After a Motorcycle Accident?

If you’re in a motorcycle accident, prioritize safety. Move to a secure area away from potential hazards like gas leaks.

Seek immediate medical attention, even if injuries seem minor, as adrenaline can mask symptoms. This ensures prompt treatment and establishes a basis for long-term care.

After receiving the necessary medical help, contact us to discuss a potential personal injury case. We’re committed to helping those injured due to other motorists or road conditions, ensuring they receive fair representation against insurance companies. We’re dedicated to achieving justice for our clients.

How Is Fault Determined in Indiana?

An Indianapolis Motorcycle Injury Lawyer Can Explain Fault In Greater Detail.

Indiana applies the modified comparative negligence test to motorcycle accidents (Indiana Code Title 34, Section 51-2-5, et seq.), also known as the “51% fault” method or “comparative fault.” This means that you must be less than 51% at fault for the accident to file an injury claim.

Courts will reduce your financial damages by the percentage of fault you bear. For example, if your motorcycle was hit from behind by a driver operating another vehicle, but you were making an illegal left-hand turn, a judge could decide that the other driver was 70% at fault and you were 30% at fault for the accident. If the total award is $500,000, you will receive $350,000 (the total $500,000 reduced by 30%).

Insurance Coverage in Indianapolis Motorcycle Accidents

Once liability is established and the extent of damages is assessed in a motorcycle accident case, the subsequent step involves identifying the available insurance coverage. The policies pertinent to your situation may include:

1. Bodily Injury and Property Damage Liability

Indiana requires motorists to possess this coverage, which handles the costs of damages caused in an accident. If an automobile driver is responsible for your accident, you would initially turn to their liability insurance.

2. Underinsured Motorist Coverage (UIM)

This is coverage that can be obtained from your insurance provider. It is recourse if the at-fault driver lacks sufficient liability insurance to compensate you adequately.

Many Indiana drivers carry only the minimum required liability coverage ($25,000 per person, $50,000 per accident for bodily injury, and $10,000 for property damage). Typically, the losses suffered by an injured motorcyclist far exceed these limits. In this regard, UIM can play a crucial role in your case.

Consequently, motorcyclists should carry as much UIM coverage as possible. We recommend acquiring “minimum responsible coverage” with limits of $250,000 per person/$500,000 per accident and a $1,000,000 umbrella on your homeowner’s coverage. Feel free to contact us for further details on this often complex coverage.

3. Uninsured Motorist Coverage (UM)

This is an additional form of coverage that you have the option to purchase. It is advisable to have UM coverage (unless you have formally declined it in writing). This coverage becomes applicable if the at-fault driver is completely without insurance.

Indiana Motorcycle Accident Injuries

Remember – The Other Driver Is Usually at Fault

It is common for crashes to leave a motorcyclist with severe or life-threatening injuries. That’s because bikers are relatively unprotected when they collide with a 4,000-pound passenger vehicle or large truck. Even the most cautious motorcyclist cannot control the poor decisions of other drivers. Injuries can include:

• Head injuries and Traumatic brain injury (TBI)
• Back, neck, and spinal cord injuries
• Broken bones/fractures
• Severe burns
• Severe skin abrasions (road rash)
• Internal bleeding
• Organ damage
• Paralysis
• Wrongful Death.

Medical care for these injuries can cost tens and hundreds of thousands of dollars. You should not have to face this financial burden alone, especially if the crash was due to someone else’s negligence.

Wrongful Death Damages

If a motorcycle accident has resulted in the tragic loss of a loved one, pursuing a wrongful death claim is the appropriate legal course rather than a personal injury claim. In this context, the damages that can be sought in a wrongful death claim encompass:

• Loss of companionship and support
• Loss of potential inheritance
• Expenses associated with burial and funeral arrangements
• The pain and suffering endured by your loved one before their passing
• Medical expenses incurred by your loved one in connection with their motorcycle accident injuries.

To gain a more comprehensive understanding of the damages that may be pursued following a motorcycle accident in Indiana that resulted in loss of a loved one, we encourage you to refer to our dedicated section on wrongful death.

Compensation You May Be Entitled to

Our attorneys can explain to you the dollars and cents of what your case may be worth. Whether your case goes through the settlement process or winds up in a jury trial, you could be entitled to economic and non-economic damages. Economic damages include actual costs you’ve incurred – medical bills, lost wages, property damage, loss of future earnings, etc. Non-economic damages include non-financial — but equally devastating – losses you’ve sustained, such as pain and suffering, scarring and disfigurement, loss of consortium, etc. Our team of skilled personal injury attorneys will know how to fight for all the damages you’re entitled to.

Statute of Limitations for Filing a Claim

The statute of limitations on personal injury cases is two years in Indiana. This means an Indianapolis motorcycle accident victim has just 24 months to file a lawsuit. The clock starts ticking from the date of the accident or injury, with just a few exceptions. If you miss this deadline, you risk having your case dismissed by a judge.

The Indiana personal injury statute of limitations is codified in Indiana Code section 34-11-2-4.

There are a few exceptions to the statute of limitations. The “discovery rule” says that when a motorcycle accident victim is not immediately aware of their injury (for example, spine injury or organ damage doesn’t present for many weeks), the clock on the statute of limitations doesn’t begin until the accident victim discovers, or should have discovered, that they’ve been injured. The statute of limitations can also be paused (sometimes referred to as “tolled”) for victims who are mentally impaired (for example, a biker who is in a coma for three months after the accident). Additionally, the statute of limitations clock can be delayed if the defendant in a lawsuit leaves the state or takes steps to conceal their liability from the plaintiff.

Motorcycle Accident FAQs

An Indianapolis Motorcycle Accident Attorney Provides Answers to Common Questions

At Stephenson Rife, we’ve talked to hundreds of personal injury accident victims. Many of them have the same questions. Here are answers to the questions we hear most often.

What are the most common causes of motorcycle crashes?

The factor most often contributing to an Indiana motorcycle crash is some unsafe action by the motorcycle operator. That could be following another vehicle too closely, traveling at an unsafe speed, failing to yield the right of way, or making improper lane changes or passing. But aren’t motorcyclists sometimes hit by negligent drivers, even when they are following the rules of the road and driving their bike safely? Absolutely. At Stephenson Rife, we carefully examine the facts of the accidents involving our clients to determine whether another driver, a dangerous road condition, or even a manufacturing defect contributed to or caused their accident. Other motor vehicles are supposed to share the road with motorcycles and bicycles, but that doesn’t always happen.

What is the average payout for a motorcycle accident?

It’s impossible to determine that with certainty. From an ethical standpoint, if any attorney claims to know the exact value of your case right after the accident, they’ve committed a legal misstep. The only truthful way to address this question is to allow time for the case to progress naturally.

Once we reach a “take-it-or-leave-it” offer, we provide our client with a comprehensive overview of its advantages and disadvantages. Ultimately, the decision is entirely up to them. We refrain from pressuring a client to settle, because this isn’t about the lawyer’s interests; it’s about putting the client first. We align ourselves with what the injured rider desires.

How is pain and suffering calculated in a motorcycle accident case?

In a motorcycle accident case, the assessment of pain and suffering relies on either the multiplier method or the per diem method.

The multiplier method is the more commonly employed approach. It involves taking the total value of quantifiable losses (such as medical expenses, lost earnings, etc.) and multiplying them by a factor ranging from 1.5 to 5. The multiplier is influenced by factors like the severity of your injuries, whether they are permanent, and the strength of evidence supporting your pain and suffering.

In contrast, the per diem method provides a fixed monetary amount for each day you endure pain and suffering due to the accident. Typically, the insurance company calculates this based on your current daily earnings. This method is generally less effective for cases involving permanent injuries.

How long does it take to settle a motorcycle accident claim?

The resolution of your motorcycle accident claim could take anywhere from six months to a year, depending on the specific circumstances of your case. Various factors can influence the duration of the settlement process.

This process includes the collection of pertinent evidence, the submission of insurance claims, and, if required, the pursuit of civil action. Opting for a court proceeding may extend the timeline for obtaining the rightful settlement. However, it’s important to note that this route could lead to the highest possible compensation for your incurred damages.

Contact Our Motorcycle Accident Lawyers Today

When you hire a motorcycle accident lawyer, you should receive competent and compassionate representation with a “client first” approach. That’s exactly what you’ll get with proven advocate Attorney Mike Stephenson. His entire legal team is committed to doing whatever is necessary to achieve the best possible outcome in your case. Mike has been helping accident victims for more than 30 years. If you have been hurt in a motorcycle crash, hand the worry over to us and let us put our firm’s significant resources to work for you. Call (317) 680-2501 to schedule a free consultation.