Sevenish Law, Indianapolis Motorcycle Accident Attorney

Motorcycle Accident Claims - Q&A from Indianapolis Attorney Randy Sevenish of Sevenish Law

Q: How are motorcycle accident claims different from car & truck accident cases?

A: Because the physics & dynamics of riding a motorcycle are much different and must be understood. Motorcycle accidents can be caused by many things that would not cause a car or truck accident. Motorcycle accidents are also much more likely to be fatal or cause severe injuries because there are no �steel cages� of protection surrounding a rider as when driving a car or truck. Different laws apply to motorcyclists. And motorcyclists face prejudice from some drivers. All these things make it important to hire a lawyer with experience in motorcycle claims. And preferably one who rides and is very familiar with motorcycle injury law and the physics of riding. In other words, someone a motorcycle rider can trust as one of their own.

Q: What are the most common causes of motorcycle accidents?

A: According to numerous studies, the failure of drivers to see motorcycles is the number-one cause of motorcycle accidents. More than half of all motorcycle accidents were caused by a driver violating the motorcycle�s right of way. In multi-vehicle accidents, drivers most frequently turned left in front of an oncoming motorcycle. In single-vehicle motorcycle claims, over 2/3 were caused by mistakes made by riders themselves. An experienced motorcycle injury lawyer who rides knows this, knows motorcycle injury law, and will protect your rights.

Q: How do insurance companies decide who was at fault in a motorcycle accident?

A: Insurance companies use police reports, statements taken of the motorcycle rider, statements from the insured, from other witnesses, physical evidence, and other facts or details to decide who was at fault. In other words, insurance companies early on will build a case against the rider in order to justify either denying a motorcycle claim or in efforts to reduce claim value. As a strategy, insurance companies often will assume the rider is at fault and once they dig in their heels they rarely budge unless you have professional help on your side before they try that tactic. Because motorcycle accidents are more costly to the insurance company because they usually involve more serious injuries, they may, and frequently do, try to blame you for your own injuries rather than pay up. An experienced motorcycle injury lawyer who rides & understands the �Rules of the Road� will conduct another investigation, protect your rights, and get you the full settlement you deserve.

Q: Who can be sued for a motorcycle accident?

A: You may sue anyone who is at fault for your injuries including a company. This is known as who was the �direct & proximate� cause of your injuries. Most often but not always, this means a driver who hurt you by violating traffic laws such as making an unsafe lane change in traffic, failing to yield the right of way, disregarding a stop sign or red light, rear-ending you, by not looking out for you or for many other reasons. This could also include suing the vehicle owner in some cases if permission was given to another to drive. If the wrongdoer was drunk or impaired, it could also include the person or establishment that served the alcohol. However, if a defective motorcycle or part caused your injuries, you may sue the manufacturer responsible for building the defective product. Government agencies can also be held liable for unsafe roads. A motorcycle injury lawyer who rides will know exactly who to include. But understand the vast majority of motorcycle injury claims will not require the need for a lawsuit.

Q: Does it matter whether I was wearing a helmet?

A: No. You have the right to file a claim or lawsuit over your injuries, regardless of whether you were wearing a helmet. That�s true even if you were legally required to wear a helmet. However, if you have a head injury, the insurance company may claim you may have contributed to your own injuries by choosing not to wear one and you may get a lower offer from them or award from a jury than you would have recovered otherwise. A motorcycle injury lawyer you trust will protect you from these defenses early on in the claim process. You may still claim other �special� and �general� damages for other injuries, including past & future medical bills, wage loss, repair costs of the motorcycle and custom parts as well as physical injuries such as past & future pain & suffering, inability to function as a whole person, scarring, disfigurement, permanency of injury and others.

Q: What can I do if I was forced off the road or hit by a hit and run driver?

A: In this situation, you may still be able to make an insurance claim if you have uninsured (UM) motorist coverage of your own which is an absolute must for motorcycle riders. Insurance companies are famously reluctant to pay these claims, however, and may blame you for your own injuries � even though, believe it or not, they are your own insurance company! Some policies may also have a �physical contact� requirement but there could be ways around that. If you have any trouble enforcing your legal rights, you should contact a motorcycle accident lawyer you trust as soon as possible in order to immediately investigate the crash, to take witness statement, to review physical evidence, by taking pictures and/or video of the scene and your injuries and to otherwise aggressively protect your rights and interests as a motorcycle rider

About The Author The Sevenish Law Firm is an Indianapolis Personal Injury Law Firm that handles accident cases throughout the state of Indiana. Owner Randy Sevenish and his wife Regina both ride motorcycles and are heavily involved in the local motorcycle community. This gives them a unique understanding of motorcycle accident law.