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Blog Motorcycle vs. Car Accidents in Indiana: This Isn’t Your Average Crash Case
Request a Free ConsultationOctober 9, 2024 | By Wilson Kehoe Winingham staff
Accident cases vary widely depending on the vehicle and situation, and nowhere is this more true than in accidents involving motorcycles. Motorcycle crashes and automobile accidents differ in several important ways, and you need an injury attorney with experience in motorcycle accident cases should your case go into litigation.
According to the Indiana University Public Policy Institute, about a hundred motorcyclists are killed each year in collisions with passenger cars in Indiana. While motorcycle crashes account for less than 2% of all collisions, they represent a disproportionately high percentage of accident fatalities—about 15% of traffic-related deaths.
In addition to these sobering facts, certain Indianapolis roads and highways make the top ten lists of most dangerous traffic areas year after year:
Accidents involving motorcycles differ from those involving cars, trucks, or other automobiles. Some of the key differences include:
There are many public perceptions about motorcycles and the people riding them. Because of their portrayal in pop culture, motorcycles are often associated with speed and even reckless driving. This myth can automatically cause a motorcycle operator to be assumed to be the responsible party. Additionally, defendants will often claim that they did not see a motorcycle to justify their actions.
The truth is that there are many reasons for any collision, many of which might not place you at fault. Preconceived notions of motorcycles and the ready excuses their smaller size may elicit can create significant jury selection implications. The attorney should understand how potential jurors will view both the individual and motorcycle riding activity.
Roads were designed for four-wheeled vehicles. Speed limits, road surfaces, hills, lighting, and other travel safety features were made with the driver in mind, not the motorcyclist. As a result, a biker could be riding at legal speeds and hit a blind bend or loose gravel—something a car could easily navigate. Added to the fact that motorcyclists are surrounded by four-wheeled vehicles with endless angles of collisions, motorcycle crash vs. car accident risks increase considerably.
There is a much greater likelihood of life-altering injuries in motorcycle vs. car collisions in Indiana. Due to their lack of protection, motorcyclists are three times more likely to be seriously injured than passengers in a car. Even at low speeds, the force of impact on a motorcyclist can cause life-changing injuries, including brain and spinal cord damage. If the motorcyclist survives, they may have lifelong changes in memory function, balance, coordination, or fine motor skills.
The physical evidence left behind in motorcycle accidents tends to be subtle because there are usually fewer impact points than in a typical automobile collision. Poor visibility or hazardous road conditions can complicate evidence collection (and these factors may not be recorded in police reports). Also, if the bike sustained significant damage, it is hard to determine the exact cause of the accident.
In addition, motorcycle crashes on less populated roads mean fewer witnesses to provide accounts of the incident. Injured riders may be unable to provide immediate details, leading to gaps in the crash narrative. These challenges can hinder the investigation and complicate establishing liability in motorcycle accidents. Our attorneys know how to recreate the events leading up to the crash to get the maximum settlement for your injuries.
Motorcycle insurance is more challenging to obtain, and the complexities of a specific plan can be more difficult to decipher. Depending on your plan, a policy can be hard to interpret, and one small distinction could be the difference between a settlement and a loss. If the facts and figures surrounding your case aren’t watertight, it may seriously affect how financial damages are calculated or awarded.
There are various legal differences in motorcycle and car accident cases in Indiana, and the details are critical in proving liability. The nuances of motorcycle accidents often directly impact the type of case, how it is litigated, and the results ultimately obtained. If you are involved in a motorcycle accident, find an attorney familiar with these differences so you can be prepared.
If you or a loved one has been injured in a motorcycle accident, contact Wilson Kehoe Winingham for a free consultation. Our Indiana motorcycle accident attorneys can help you get the compensation you need to move on with your life. Call us today at (317) 920-6400 or fill out our online form.
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