Indiana
Motorcycle Accident Lawyer

On This Page

1. How We Can Help You with Your Case
2. Compensable Damages You Could Recover in a Motorcycle Accident Case
3. How Much Does it Cost to Hire an Indiana Motorcycle Injury Attorney?
4. Parties Who May Be Liable for Your Damages
5. Motorcycle Helmet Laws Impacting Your Case
6. Causes of Motorcycle Accidents in Indiana

REVIEWED BY

C. William Kenny

February 02, 2024

Board certified by National Board of Trial Advocacy

If you or a loved one was left injured following a motorcycle accident in Indiana, Pennsylvania, you might be entitled to compensation for medical bills, lost income, and pain and suffering.

How We Can Help You with Your Case

An Indiana motorcycle accident lawyer from Berger and Green familiar with these types of cases in Indiana or the surrounding area can:

• Review your case’s facts
• Determine liability
• File an insurance claim or lawsuit on your behalf

Compensable Damages You Could Recover in a Motorcycle Accident Case

You could be eligible to receive two types of damages in your motorcycle accident case: economic and non-economic damages. They both work to quantify your financial and emotional losses as a result of the accident caused by someone else’s negligence.

Economic damages are easier to place a value on because they cover the monetary losses you have suffered, including but not limited to:

Past and Future Medical Bills

This would include costs for:

• Hospitalization
• Surgeries
• Prescription medications
• Assistive medical devices, if needed

Future medical costs might include ongoing physical therapy or rehabilitation based on the severity of your injuries.

Property Damage

This would cover the cost of repairing or replacing your motorcycle and any other property damaged or destroyed in the accident.

Lost Income

This would cover the time you missed from work due to appointments with your healthcare provider.

Lost Earning Capacity

This would include loss of income if you could no longer perform the job you held before the accident or had to take a job that pays less due to your injuries.

Other Out-of-Pocket Expenses

Non-economic damages are more challenging to value because they relate to the emotional toll the motorcycle crash has had on you. They include but are not limited to:

Mental Anguish

You may suffer from depression, anxiety, or insomnia due to the trauma you experienced. As a result, you might need psychological counseling.

Pain and Suffering

The pain you are feeling due to the accident could prevent you from living your life as you did before the accident.

Loss of Enjoyment

You may no longer be able to enjoy the hobbies or activities you did before the crash, such as gardening or going to the gym.

Loss of Consortium

This would apply if you lost a spouse or partner in a motorcycle accident.

Punitive Damages

We offer our condolences if you lost a loved one due to the accident. In this case, you might be able to file a wrongful death lawsuit on their behalf. This could entitle you to recover funeral and burial costs and other damages. Our wrongful death lawyer can review your case and determine if it applies.

How Much Does it Cost to Hire an Indiana Motorcycle Injury Attorney?

Fears surrounding the cost of hiring a motorcycle crash lawyer prevent many victims from being awarded the compensation and benefits they may otherwise be entitled to. Fortunately, when you choose to work with our firm, you have the opportunity to pursue your case without paying any out-of-pocket costs or upfront fees.

We work with you on contingency, so you only pay us if we win in your case. There is no risk in reaching out to our law firm to find out what legal options might be available to you.

Parties Who May Be Liable for Your Damages

Proving fault is critical in the majority of motorcycle accident claims. Your motorcycle accident attorney at our firm will need to examine how your crash occurred to establish fault. The elements of negligence will need to be met as follows:

• Duty of care
• Breach of duty
• Causation
• Damages

The way your accident happened will give your motorcycle wreck lawyer a better idea of liability. For instance, if your injuries were caused by a drunk driver, your attorney will look to the following parties for culpability:

• The drunk driver who hit you
• Local dram shops
• Social hosts
• Other third parties

However, other parties could be at fault if your motorcycle crash occurred due to hazardous roads or defective motorcycle parts. Some of these could include:

• Government agencies and municipalities
• Motorcycle technicians and safety inspectors
• Motorcycle parts distributors and retailers
• Motorcycle dealerships and executives

Motorcycle Helmet Laws Impacting Your Case

Pennsylvania law does not currently have a universal motorcycle helmet law requiring those over 18 to use a motorcycle helmet when operating a motorcycle. However, anyone under 21 must wear a motorcycle helmet when operating or riding a motorcycle.

If you were not wearing a helmet at the time of the accident, the defense might attempt to argue you are partially at fault for your damages. This could negatively impact the outcome of your case if you do not have a motorcycle wreck attorney advocating for total compensation in your case.

Causes of Motorcycle Accidents in Indiana

Motorcycle accidents in Indiana can happen in a variety of ways. Some examples include:

• Poor weather conditions
• Distracted driving
• Drunk driving
• Potholes
• Unsafe lane changes
• Sideswipe accidents
• T-bone accidents
• Drugged driving
• Road rage
• Following too closely
• Speeding
• Tire blowouts
• Defective motorcycle parts
• Failure to yield
• Refusing to stop

If your motorcycle accident happened in another way, you might still have the opportunity to hold the liable party accountable. Recover the damages that are rightfully yours with help from our Indiana motorcycle accident attorneys today.

Establishing Negligence in Your Motorcycle Accident Claim

The most important part of winning a personal injury claim or lawsuit is proving the at-fault party is responsible for the accident and your subsequent injuries.

The four elements of negligence that we must prove are:

• Duty of care – Someone had a duty of care to act reasonably and safely on the road with regard to others.
• Breach – Someone breached that duty of care by acting negligently or recklessly.
• Causation – That breach caused your motorcycle accident and crash-related injuries.
• Damages – The defendant owes you damages for the losses you suffered from the accident.

Pennsylvania Law Limits Your Time to File a Motorcycle Accident Lawsuit

Another critical part of a personal injury case is ensuring you file your lawsuit before the window of opportunity closes for good. In Pennsylvania, Pa. C.S.A. § 5524 provides only two years from the date of the accident to file your lawsuit in civil court. If you miss this deadline, you may lose your chance to recover compensation.

A motorcycle injury lawyer from Berger and Green familiar with these types of claims in Indiana, Pennsylvania, can ensure all paperwork is filed promptly so that you do not miss the deadline. They will also be familiar with the state laws and statutes that affect your unique case.

Never Pay Any Fees Upfront

Our motorcycle crash attorneys work on a contingency-fee basis. That means you will never pay any upfront fees or out-of-pocket costs. We only get paid if we secure a settlement on your behalf.

So, do not delay in seeking the compensation and justice you deserve. If another driver’s negligent or reckless behavior caused your motorcycle accident and injuries, you should not have to carry the financial burden on your own.

If you were injured or a loved one was killed in a motorcycle accident that was someone else’s fault, you may be entitled to compensation for your damages and losses. Your lawyer can assist you in filing a claim and holding the at-fault party responsible.

Contact an Indiana Motorcycle Accident Attorney Today for a Free Consultation

After a motorcycle accident, you may feel alone, confused, and unsure where to turn for help. An Indiana motorcycle accident lawyer at Berger and Green who handles these cases can assist you in filing a claim or lawsuit and seek justice from the at-fault party.

Contact us for a free consultation with a team member today. We can answer your questions and determine if you have a case for compensation. The call is free, and there is no obligation. Reach out to us today.