As a motorcyclist, you want to feel safe when you take to the road. While you can take steps on your own to remain visible and obey roadway laws, you can’t control other people’s behavior. Unfortunately, there are motorists who may disregard your roadway safety while they’re distracted, frustrated, or otherwise behaving unreasonably.
Motorcycle accident survivors like you have the right to pursue justice for the wrongs done to you on the road. You can collaborate with a Lebanon motorcycle accident attorney to file a civil claim against the party that caused your motorcycle accident. Vaughan & Vaughan can then move to help you secure the financial support you need to recover from your losses.
Who to Hold Responsible for a Motorcycle Accident
It’s easy, when looking back at a motorcycle accident, to blame a motorist for your losses. After all, motorists operate larger vehicles than motorcyclists, thus putting motorcyclists in greater danger. However, assigning fault for your accident isn’t always so straightforward a process.
The various parties that can find themselves involved in and at fault for motorcycle accidents today can include:
Even if you get into an accident with what you believe to be a private vehicle, corporation influence may change who you can hold liable for your losses in civil court. For example, accidents involving a rideshare driver may see you hold not the driver but Lyft, Uber, or a related corporation financially responsible for your recovery.
You can determine who to hold responsible for a corporate-adjacent accident by looking at what contracts exist between the parties involved in your accident. Independent contractors operating on the road are often responsible for their own misconduct. If you get into an accident with an independent contractor, you can likely take that individual to civil court.
That said, if the driver operates on a W2 with an affiliated company, you may have the right to hold that company liable for your losses. Most companies who consider their drivers full employees offer them the right to file for workers’ compensation while also taking responsibility for their drivers’ conduct on the road.
You can learn more about contracts’ influences on your personal injury claim during an initial case consultation with our team.
It’s as important to consider road conditions at the scene of your accident as it is to think about what parties are present. If road conditions are poor or you’re on government property, you may have the right to hold a government official liable for your motorcycle accident losses.
Of course, most government officials and police officers benefit from qualified immunity. This means that it can be difficult to make civil charges brought against these parties stick. However, our team can assess your circumstances and work within the boundaries of qualified immunity to pursue compensation on your behalf.
Pedestrians and Bicyclists
Pedestrians and bicyclists can also play a role in your motorcycle accident. Pedestrians and bicyclists are expected to uphold the rules of the road, particularly when interacting with your motorcycle. If a pedestrian jaywalks or otherwise acts unreasonably on the road, you can hold that individual responsible for your motorcycle accident.
Similarly, you can take legal action against a bicyclist who failed to remain in a bike lane or who otherwise interacted inappropriately with your motorcycle while you were on the road.
Last but not least, you can return to private motorists. Motorists who are distracted behind the wheel, intoxicated, or who fail to behave reasonably around your motorcycle can cause severe accidents.
If you suspect that the driver who caused your accident was in violation of roadway law, you can bring your concerns to our team. We can bring forward evidence related to that negligence to defend your request for financial support.
How to File a Motorcycle Accident Personal Injury Claim
Our motorcycle accident attorneys in Lebanon do the heavy lifting when determining who to hold responsible for your crash. Once we have the evidence we need to establish liability, we can calculate the value of your case and present your case in a personal injury claim.
Your personal injury claim must specifically address the nature of the negligence that caused your motorcycle accident and the summation of the damages you want to request. Moreover, your claim must make it to a civil judge within Indiana’s personal injury statute of limitations, as outlined in Indiana Code §34-11-2-4.
According to the aforementioned statute, you have two years from the day of your motorcycle accident to demand damages from a liable party. Vaughan & Vaughan can make it easier for you to create a comprehensive complaint without sacrificing what time you need to recover from your losses.
Requesting Damages Based on Your Losses
The damages you may be entitled to after a motorcycle accident can include but are not limited to:
- Replacement of your motorcycle and/or protective gear
- Medical expenses tied to post-accident care
- At-home recovery assistance
- Time spent away from work
You can also work with our team to estimate the economic value of intangible losses like pain and suffering or mental anguish. Our team can then defend your request for damages by presenting evidence of those losses in your civil complaint.
You Deserve Motorcycle Accident Damages
Motorcycle accident victims have the right to fight to get back on the road again. Instead of letting an accident knock you off of your financial feet, contact our team. We’ve walked motorcycle accident victims like you through the process of filing personal injury claims before, and we’re prepared to do the same for you.
The motorcycle accident attorneys with Vaughan & Vaughan want you to secure a settlement that fairly addresses the full breadth of your losses. You can contact us online or over the phone today to schedule an initial case consultation.