It’s easy to tie a motorcycle to the concept of freedom. When you hit the road, you want to make the most of Indiana’s endless interstates and enjoy the feeling of asphalt beneath your tires. The last thing you want to contend with is someone else’s negligence, particularly when that negligence puts you in harm’s way.
Unfortunately, motorists, construction crews, and other parties on the road don’t always take your safety seriously. Their recklessness can see you face serious injuries. That said, you can bring your losses to the attention of an Indianapolis motorcycle accident lawyer. Together with the legal team at Vaughan & Vaughan, you can file for motorcycle accident compensation.
You Need to Work Quickly After a Motorcycle Accident
You’re going to have a lot on your plate in the immediate aftermath of a motorcycle accident. Unfortunately, Indiana’s personal injury statute of limitations doesn’t give you much time to rest and recuperate. Indiana Code §34-11-2-4 caps your right to take civil action against the party liable for your accident at two years.
This means that Indiana courts can deny you your right to civil action if you attempt to file a motorcycle accident claim more than two years after the day your accident takes place. As such, you may not receive the settlement you deserve.
Fortunately, there are steps you can take to make the most of the time allotted to you by the Hoosier State. Connecting with an attorney early into your recovery is one of them. The sooner you have a professional on your team, the easier it will be to stay on top of your motorcycle accident claim’s deadlines.
Don’t Let Insurance Adjusters Dictate the Flow of Your Recovery
Speaking of deadlines, most insurance providers require you to inform them of a motorcycle accident within 24 hours of said accident. After you’ve communicated an understanding of your losses to your insurance provider, they may send an insurance adjuster out to your home to verify your claim.
Insurance adjusters tend to undervalue the losses you endure in a motorcycle accident. If you don’t contest their assessments of your losses, you risk walking away from meetings with an insurance provider with far less than you deserve.
Fortunately, a motorcycle accident lawyer in Indianapolis can step in to ensure that your conversations with an insurance provider go smoothly. Our team advocates for your right to fair treatment by both your and a defendant’s insurance provider as you fight to recover from your recent losses.
How to Build a Motorcycle Accident Complaint
If you want to demand damages for your motorcycle accident losses, you need to file a civil claim. This claim needs to identify:
- The nature of the duty of care owed to you at the time of your accident
- The ways in which another party violated that duty
- The identity of the party that violated that duty
- The nature and economic value of your losses
You also need to bring forward a record of evidence to back your assertions regarding fault and value. Without this evidence, a court may not see fit to move your claim forward.
Identify the At-Fault Party
It’s often easiest to blame another driver for the losses you endure in a motorcycle accident. Who you hold responsible for your losses, however, depends on what evidence is available at the scene of your accident. The raw data from your accident may have you holding an unexpected party liable for your losses.
You can use all of the following forms of evidence to determine who to hold liable for your losses:
- Video and/or photo footage of your accident
- Bystander accounts of your collision
- Expert witness opinions on the nature of your losses
- Skid marks and/or physical debris from your accident
- Police and medical reports
- Accident recreations
This evidence can point to another driver’s roadway negligence. However, it may also see you hold someone’s employer, a construction company, or even government officials responsible for a portion of your losses. Our team can help you divide fault between applicable parties before you bring your claim forward in court.
Estimate the Value of Your Losses
Additionally, you need to calculate what kind of economic effect a motorcycle accident has had on your expenses. This process can see you find the sum of your post-accident bills and your non-economic losses to determine the total value of your case.
When you’re calculating the value of your motorcycle accident claim, make sure you consider your:
- Medical expenses and at-home assistance
- Lost wages and/or opportunities for future employment
- Property repair/replacement
- Emotional distress/mental anguish
- Loss of consortium and/or companionship
- Wrongful death and funeral expenses
Our motorcycle accident lawyers in Indianapolis, IN, can help you both determine which damages you may be entitled to and how you can defend your request for those damages before a judge.
What to Expect After Filing a Motorcycle Accident Claim
So long as you submit your motorcycle accident claim within the applicable deadline, a civil judge can consider your right to compensation. Should your claim move forward, you may have the right to summon your named liable party to either settlement negotiations or a motorcycle accident trial.
If you want to go to trial after a motorcycle accident, both you and the defense need to prepare for discovery. The discovery process allows you and the defendant’s representative to exchange information about the negligence found at the scene of your accident. From there, we can help you prepare your case’s opening statement.
Our team examines witnesses and you to share information about your accident with a jury. We then prepare you for cross-examination from the defendant. Once you’ve finished your time on the stand, we stand with you as a jury goes to deliberation. Afterward, once a judge has delivered their verdict, we can celebrate your victory or prepare to appeal the court’s decision.
Motorcycle Accident Lawyers Make Your Recovery Easier
Motorcycle accidents can see you and your loved ones forced to contend with injuries that impact your ability to take care of yourselves in the long term. When these injuries result from an avoidable accident, it’s easy to feel frustrated. Fortunately, there are laws in Indiana that allow you to take civil action.
You can collaborate with an Indianapolis motorcycle accident attorney to discuss your right to financial support after a roadway collision. Meet with Vaughan & Vaughan to learn more about the information you need to compile a personal injury complaint and kickstart your legal journey. We’re available to schedule your free consultation online or over the phone. Contact us today.