The most common type of motorcycle accident happens when a motorcycle is driving down the road and another vehicle pulls out from a side street or a shopping center and simply doesn't see the motorcycle and just crashes into the motorcycle. Usually, it's because they weren't looking for the bike and look right past the rider.
What is the Difference Between Fault and No-Fault with Regard to Motorcycle Accidents?
Indiana is a fault state so no-fault is not a consideration. In a no-fault state like Florida, motorcycles are not covered under mandatory PIP or personal injury protection benefits.
In a no-fault state like Florida, if a motorcyclist wants no-fault coverage, they would have to buy an additional rider on their motorcycle policy. If they own a standard vehicle and a motorcycle, the car's PIP or no-fault insurance will not apply to the motorcycle the same as it would if they were driving another car.
For example, if you were to borrow a friend's car, your current insurance would follow you and provide coverage if something happened. However, that is not the case if you ride a motorcycle under some insurance policies.
If the Other Party's Insurance Says the Accident was my Fault, Is My Case Doomed?
That depends upon the facts. Their insurance company may be relying on the police report, and police reports can often be wrong.
If the injury is severe enough, you should really speak with a lawyer, so that he or she can thoroughly investigate the scene and speak to witnesses. No one should believe what the other party's insurance company tells you.
As for the police report, keep in mind that most of the time, the police officers were not at the scene and didn't see the accident; sometimes their investigation is not up to speed. In fact, in some instances, the police report has been completely wrong.
In one of my cases, the accident happened at night and my client was severely injured. When I went to the accident scene, I just stood there for 20 minutes and realized there was no possible way the accident happened the way the police report read. I hired an accident Reconstructionist, who agreed, and we ended up with a very good result.
Can I Take Pictures at the Accident Scene and Use Them to Support My Case?
Absolutely! In fact, you or someone else at the scene should take a lot of photos as soon as possible after the accident. The standard for evidence is that a photo fairly and accurately represents whatever is in the photo, so all you would have to do is to testify that the photos fairly and accurately represent what you saw at that moment.
Why Should I Hire An Attorney In a Motorcycle Accident Case? Won't Insurance Handle Everything?
In theory, your insurance company should handle everything, but hiring an attorney is your best protection. The other party's insurance company owes you no duty to make sure you are treated fairly; their only duty is to the person or people they insure and their company's bottom line, so they will want to settle the case as quickly as possible for as little money as possible.
Quite often, insurance companies just don't play fair, and you may need to create a more level playing field. If you're involved in a motorcycle accident and just sprained your ankle and your medical bills are only a couple of grand, you might want to handle that case yourself.
However, if the injuries are severe, which is common with a motorcycle accident, you need to hire a lawyer. Not only do you have to worry about insurance companies; you also have to worry about the jury. The general public believes that people who ride motorcycles are reckless, so you have to deal with a high level of bias against you when you're injured in a motorcycle accident.
For more information on Motorcycle Accident Litigation, please call (219) 690-8897 today to schedule a free initial consultation, and get the information and legal answers you're seeking.