Motorcycles are fun to ride, but many inattentive drivers miss motorcyclists by failing to keep a proper lookout or maintain a proper distance, giving rise to catastrophic injuries or death. Whether an accident was caused by dangerous road conditions or inattentive drivers, an experienced lawyer can fight for the maximum compensation possible in your situation.
As a knowledgeable personal injury law firm, we fight to protect the rights of motorcyclists. People believe bikers are often thrill-seekers who regularly violate traffic laws. Under Indiana law, however, bikers have the same right to the road as any car or truck driver. Rest assured the Boughter Law Office will aggressively represent your interests in pursuing all of your damages arising from a motorcycle accident.
A Motorcycle accident can be caused by a number of factors, including:
Dangerous road conditions
Failure of another driver to follow traffic signals
Failure of another driver to check mirrors before changing lanes
Sometimes it’s easy to know who to point fingers at in the aftermath of an accident. In some cases, however, driver negligence isn’t a factor in an accident. There are actually countless cases in which the factors that caused the accident were outside the drivers’ control. So when the other driver is not the cause, how do you go about getting compensation for any injuries you sustained or damages to your vehicle?
When no one is at fault for the…
What should I do immediately after an accident?
This is a very common question, and whether you've been in an accident before or if this is your first experience, it can be overwhelming. When you’re involved in an accident, and even for some time after the accident, it’s difficult to get enough clarity to know what you need to do next. You may be injured and the on-scene portion of the aftermath may go by in a blur because of that or because you’re…
Absolutely not. There is never a fee for a consultation.
Will I be billed monthly for any costs?
No. At our discretion, we advance all costs during our representation of you and do not send monthly bills. At the end of our representation, all costs advanced will be clearly itemized for you so you know exactly where every dollar is going.
What’s meant by statute of limitations?
Statute of limitations refers to the need to file a lawsuit within a time limit. In Indiana, most injury cases, such as auto accidents or slip-and-fall claims, have a two-year statute of limitations, but not all. Some lawsuits, such as lawsuits against the government require a notice within a shorter period of time. The time begins to run when a cause of action accrues. A good example is someone negligently running into your car. The statute of limitation begins on the day of the accident. This issue can become more complicated, however. Sometimes, you have no way of knowing that you have a cause of action for years, such as discovering ill effects from taking a medication or being exposed to chemicals. It is important to seek the advice of an attorney and doctor if you suspect that you are having problems but don't know for sure if it relates to the negligence of another or an unreasonably dangerous product.
What am I entitled to recover after an accident?
You may be entitled to a number of different types of damages under Indiana law. Some of the more common types of damages in accident cases are: reasonable and necessary medical expenses, lost earnings, reduced earning capacity in the future, future medical expenses and prescriptions, pain and suffering, and permanent impairment.
What is UIM and PIP coverage on my car insurance and should I pay for this coverage?
In some states, there are “no fault” laws in place. In those states, if you're hurt in an accident, no matter who is at fault, personal injury protection (PIP) will pay your medical bills, expenses and loss of income. Indiana is not a “no fault” state, so PIP coverage does not apply to accidents in Indiana. However, if an Indiana resident is injured in an accident occurring in a no-fault state, PIP may apply. Uninsured Motorist (UM) or underinsured motorist (UIM) coverage is an optional coverage you may have under your auto policy which protects you if the driver who caused your accident was uninsured or did not have enough insurance—underinsured—to pay your claim. UIM coverage helps make up the difference in a negligent driver's insurance policy limits and the damages you suffered from your injuries. This is important because the emergency room bill alone could easily be many times higher than the $25,000 minimum liability coverage Indiana drivers are required to carry. When buying car insurance, think seriously about getting UM and UIM coverage. Hopefully you'll never need it, but if you do, it could make the difference in keeping your family afloat while you're recovering.
I have been in a motor vehicle accident. Should I go to a doctor?
If you have been injured in a motor vehicle accident, you should see a doctor right away. Firstly, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only a doctor can tell you for sure. Secondly, you should see a doctor because if you decide to bring a legal claim against the at-fault driver or another party, you will need documentation of your injuries and what you did to fix them.
Do I have to go to court if I want to recover monetary damages?
Maybe. Your case may settle even before your attorney files a lawsuit; on the other hand, it may go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.
If the accident was my fault, can I still recover compensation?
Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your fault is found to be over a certain level, it is more difficult to recover compensation. An attorney in your state can advise you on the rules in your area.
How soon do I need to bring my legal claim against the other driver?
It is best to speak with an attorney right away. The time limits for taking legal action vary by state, and they may also be affected by insurance policy specifics. The nature of your injuries may even change the amount of time you have to bring a claim.
What if the other driver, who caused the accident, has no insurance?
Even though your state may require all drivers to carry a certain level of auto insurance, that doesn't mean that everyone follows the law. This is why some states require insurance companies to offer drivers uninsured and underinsured motorist coverage. If your insurance policy has this feature, then it may compensate you for some of your losses.
Are there parties other than the at-fault driver against whom I can take legal action?
If you have been injured in a motor vehicle accident, there may be parties other than the at-fault driver who share responsibility for what happened. If the accident occurred because the other driver was drunk, and a business served alcohol to the visibly intoxicated driver before the accident, your state’s dram shop law may allow you to hold the business liable; this varies from state to state. If a defect in one of the autos caused or worsened the accident, the vehicle manufacturer may be responsible for the injuries that resulted. Or a third party may have left debris in the road or caused one of the drivers involved in the accident to undertake a risky driving maneuver to avoid collision. Finally, if the owner of the car driven by the at-fault driver negligently allowed the driver to use the car, the owner may be liable, too.
Don’t be strong armed by an insurance company, Put a fighter on your side and get the results you deserve.