Motorcycle Accidents

Indiana currently has more than 230,000 registered motorcycles throughout the state, consistently making it one of the leading totals in the Midwest and among the top 20 for the entire country.

With such a large number of motorcyclists existing throughout our state, the passion for bike ownership is evident; however, the unfortunate truth is Indiana’s motorcyclists face significant vulnerabilities on our state’s roadways, often in the form of another driver’s acts of negligence.

Too many times an Indiana motorcycle accident is determined to be caused by an increasing lack of attention and respect from the drivers of automobiles, and the end result often leads to traumatic or fatal injuries for motorcyclists.

Attorney Matt Boulton has 30+ years of experience representing seriously injured motorcyclists and their families who have been involved in similar incidents, leading him to have a tremendous amount of respect for those who ride and their rights to our roads.

Having investigated and successfully handled a variety of cases involving injured bikers, attorney Boulton has a clear understanding of what Indiana motorcyclists often face after an accident:

• Serious injuries that result in large medical bills.
• Insurance companies that don’t work in their best interest.
• Unfair assumptions that they must have done something to cause or contribute to the accident.

In an overwhelming majority of motorcycle accident cases, the assumption that the rider is at fault is simply wrong. Attorney Boulton built Boulton Law Group to make sure injured riders aren’t forced to accept that injustice or navigate the personal injury process on their own.

If you or a loved one was seriously injured in an Indiana motorcycle accident, attorney Boulton can provide you with a free case review.

In fact, Boulton Law Group’s motorcycle accident clients are provided with a Zero Fee Guarantee, meaning you will never be charged for a consultation, there is never any cost to you while the case is ongoing, and the firm never receives a fee for its legal representation until the case is settled or won and a financial recovery is made on your behalf.

Injured Motorcyclists Need a Specific Type of Attorney

Not every personal injury attorney knows how to properly handle a serious motorcycle injury case, and too many accident victims don’t realize this until it’s too late.

To help ensure a motorcycle case is presented in a powerful and effective manner, we recommend that injured bikers and their families hire an experienced attorney that maintains an exclusive focus on Indiana personal injury law and has an extensive track record of successful settlements and trial victories.

In addition to having a deep and current understanding of Indiana’s personal injury laws, it’s important to hire an attorney who is aware of the unfair obstacles and stereotypes that motorcyclists may begin to face in the moments after their accident has occurred.

An experienced Indiana motorcycle accident attorney also understands that insurance companies are not working in the biker’s best interest. They are big businesses whose goal is to ensure they pay out as little as possible, and when it involves a motorcycle accident claim, they have time-tested strategies and high-priced attorneys on their side ready to work against you.

For example, attorney Boulton has investigated numerous motorcycle accident claims in which the insurance company suggested the motorcyclist was speeding or implied the rider took unnecessary risks. There have also been instances where it seemed they used the very fact that the person was on a motorcycle against them. Lastly, they have simply undervalued or discredited the significance of the motorcyclist’s case.

Attorney Boulton has witnessed various insurance company tactics throughout his 30+ years representing injured motorcyclists, and while their strategies will vary depending on the facts of the case, their ultimate goal remains the same: deny, shift blame, and pay as little as possible.

Being an experienced Indiana motorcycle accident attorney means knowing how to anticipate the insurance company’s tactics, counter them, and build a convincing and sophisticated case that leaves no room for their arguments to stick.

For high-profile cases that result in significant pushback from the insurance company, attorney Boulton may call upon the firm’s network of investigators, medical experts, and accident reconstruction specialists to provide his clients’ cases with an added layer of fact-based evidence.

What Causes Indiana’s Motorcycle Accidents?

Indiana’s motorcyclists are the most exposed group of people on our roads, and the sad fact is that many motorcycle accidents are caused by someone else, whether it be a distracted or speeding driver, an impatient trucker, or an inexperienced motorist, and yet the rider is the one who suffers the consequences.

Attorney Boulton has repeatedly witnessed a familiar pattern of liability tied to the motorcycle accidents that occur throughout our state. Some of the most common causes of Indiana motorcycle accidents include:

Distracted Drivers – This is one of the biggest offenders involved in motorcycle accidents. An automobile driver who glances at a phone for three seconds at 55 miles per hour travels the length of a football field without looking at the road. Motorcyclists disappear in that gap. They are in plain sight and have the right of way, yet they never have a chance to avoid the collision due to driver distraction.

Left-Hand Turns – Ask any experienced motorcyclist what scares them most, and this is often the answer. A car or truck turning left across oncoming traffic, either misjudging the bike’s speed or simply not seeing it at all, means the motorcyclist has virtually no time to react. Left-hand-turn motorcycle accidents almost always result in the rider being ejected from the bike and sustaining serious injuries.

Unsafe Lane Changes – Due to their much smaller size, motorcycles easily disappear into the blind spots of passenger vehicles and commercial trucks. A driver who doesn’t shoulder-check, or who relies too heavily on their vehicle’s safety sensors, can sideswipe a rider or force them completely off the road. At highway speeds, the outcome often results in significant injuries to the motorcyclist.

Rear-End Collisions – A stopped or slowing motorcycle is one of the most vulnerable objects on Indiana’s roads. The same rear-end collision that would cause minor damage and a stiff neck for the driver of an automobile often results in traumatic injuries to a motorcyclist. Rear-end motorcycle accidents often result in the rider being ejected over their handlebars or ending up underneath the car or truck that struck them.

Dangerous Road Conditions – Indiana winters are notorious for destroying the surface of our roadways. By the time motorcycle season arrives, potholes, crumbling shoulders, and frost damage are everywhere. These conditions can send a motorcycle out of control in an instant. When a poorly maintained road causes an accident, there may be a valid claim against the municipality or agency responsible; however, these cases can be extremely complex and must overcome a number of difficult hurdles and various types of governmental immunity.

Defective Motorcycle Parts – Not every motorcycle accident begins with another driver. Some cases are the result of a bike’s defective brakes, faulty throttle components, tire failure, or other compromised bike parts. Known as a product liability case, these types of motorcycle accidents are complex, demand technical investigation(s), and require the appropriate identification of one or more manufacturers who may be responsible for the defective part(s).

Indiana Motorcycle Accident Case

It can be surprising to learn that the majority of Indiana’s motorcycle accidents will not be reported on by the local media. Unfortunately, the majority of these incidents largely go unnoticed by everyone except for the victims and their loved ones.

Such was the case for an accident victim who contacted Boulton Law Group regarding serious injuries they sustained in a Hendricks County motorcycle accident at 56th Street and County Road (CR) 900 E.

Shortly after speaking with the injured motorcyclist, attorney Boulton began his investigation by obtaining a copy of the official police report filed by the Brownsburg Police Department.

According to the investigating officer’s narrative, the defendant (driver of a van) was making a left turn from southbound CR 900 E onto eastbound 56th St. The motorcyclist was westbound on 56th Street in the right lane. The driver of the van failed to yield the right of way and pulled in front of the motorcyclist. The motorcyclist was forced to slam on their brakes, causing the bike to lay on its side and throw the rider from their motorcycle.

At the time of this accident, CR 900 E was equipped with a stop sign, and 56th Street was a 4-lane road with no signs or light control.

The driver of the van stated they “didn’t see the motorcyclist.” They further advised that they “heard a loud scraping noise,” looked in the mirror, and observed the motorcyclist lying on the ground.

The motorcyclist was able to give a statement at the scene, stating that they were westbound on 56th Street in the far right lane when the driver of the van pulled out in front of them. The motorcyclist stated they had no room to stop, so they slammed on the brakes, causing the motorcycle to lie on its side and throw them from the motorcycle.

Despite there being no contact between the motorcycle and van, the rider still sustained a number of serious injuries, including a head laceration, damage to their shoulder, and abrasions on both hands and arms. The significant nature of the injuries required the motorcyclist to be transported to a local hospital by ambulance.

Attorney Boulton was able to confirm liability in favor of the motorcyclist; however, he also knew there would be a chance that the insurance company might attempt to use ‘speeding’ or other false accusations against his client due to a motorcycle being involved in the collision.

Fortunately, in this instance, that did not occur, and attorney Boulton was able to build a powerful case on his client’s behalf that resulted in full and complete payment for their medical bills, damages, and pain and suffering.

Common Motorcycle Accident Injuries

Despite the safety equipment and preventative measures Indiana’s motorcyclists take to prevent serious injury, when a rider is involved in a collision, the results can be traumatic and life-altering.

Some of the most common injuries that result from a serious motorcycle accident can include:

• Broken bones
• Traumatic brain injury (TBI)
• Spinal cord injury
• Loss of limb
• Internal injuries
• Wrongful death
• Degloving injury
• Road rash
• Soft tissue injuries

The wide array of potential injuries resulting from a motorcycle accident often requires various types of emergency medical care, often resulting in long-term treatment and follow-up with various specialists and therapists.

With this in mind, your only concern as an injured motorcyclist should be your physical health and overall recovery. And that’s why it’s critical for you to have a proven legal advocate in your corner who can handle the bills, paperwork, and phone calls that accompany any resulting claims or dealings with the insurance company.

Your Rights as an Injured Motorcyclist in Indiana

Indiana law gives injured motorcyclists the same legal rights as any other accident victim. The fact that you were on a bike does not reduce what you are entitled to pursue.

Depending on the liability factors of your accident, you may have a right to recover compensation for various damages:

• Medical bills, including emergency care, hospitalization, surgery, and all future medical treatment.
• Lost wages/income and reduced earning capacity if your injuries affect your ability to work.
• Pain and suffering, both physical and emotional.
• Damage to your motorcycle and riding gear.
• Loss of enjoyment of life when your injuries keep you from the things that matter most.
• Wrongful death damages if your family has lost a loved one.

To ensure your losses and damages are paid in full, Attorney Boulton can help determine the various types of compensation you can legally recover under Indiana’s personal injury laws.

Frequently Asked Questions About Indiana Motorcycle Accident Cases

Boulton Law Group has a history of serving as a trusted resource for Indiana’s injured motorcyclists, and attorney Boulton is there every time to answer the many questions asked of him by bikers and their families.

Motorcycle accident questions are always specific to the victim’s particular incident; however, the most common questions are listed below. If your question isn’t in this list, you can call or email attorney Boulton directly. It never costs anything to ask questions that can protect your rights.

What should I do immediately after a motorcycle accident in Indiana?

Your first priority as a motorcycle accident victim is to put complete focus on your health. Whether you receive on-scene care, emergency room treatment, or sustain minor injury, it is critical that you seek out a doctor’s evaluation and follow their instructions for follow-up care.

Even if you feel fine in the moment, accept medical evaluation at the scene and follow up with a doctor as soon as possible. Adrenaline is real, and it’s excellent at hiding injuries that aren’t immediately visible, leading to the potential for dangerous complications.

Next, if you have the ability to safely document the accident scene, take photos of the vehicles, the road, your injuries, and any skid marks or debris.

Then, before you answer a call from the insurance company, contact Boulton Law Group. What you say in a seemingly innocent conversation with an insurance company can affect your entire case, and you deserve to have an experienced motorcycle accident attorney on your side before the questions start.

Should I talk to the other driver’s insurance company?

No. Not without an experienced motorcycle accident attorney. This is one of the most important pieces of advice attorney Boulton gives every injured biker, and it applies from the very first call.

Insurance adjusters are trained to gather information that limits the company’s exposure. They are not on your side. Despite the friendly and funny television commercials, their job is to protect the insurer’s bottom line.

Politely decline to give a recorded statement, never sign anything, and contact Boulton Law Group. Once attorney Boulton is working on your case, all communication with the insurance company will go through him.

How long do I have to file a motorcycle accident claim in Indiana?

There are always exceptions, but for most adults (18 and over) involved in a motorcycle accident case, Indiana’s statute of limitations gives injured bikers two years from the date of the accident to file a personal injury lawsuit.

If the motorcycle accident resulted in fatal injuries, the same two-year window generally applies to a wrongful death claim.

If a government entity bears some responsibility for the accident, the deadlines and notice requirements are different and often shorter.

What if I was partially at fault for the accident?

Indiana’s motorcycle accidents are governed by a modified comparative fault rule. This means that even if you bear some share of responsibility for the accident, it can still be possible to recover compensation, as long as your portion of liability does not exceed 50 percent. Your total recovery would be reduced by your percentage of fault.

For example, if you were found to be 30 percent at fault for the accident and your damages totaled $100,000, you may still have the legal right to recover $70,000.

Comparative fault laws are yet another reason insurance companies will work aggressively to assign a percentage of fault to the motorcyclist.

What is my motorcycle accident case worth?

There is no honest or ethical way to answer this question without knowing the specifics of your case, and you should never believe anyone who says otherwise.

The true value of your motorcycle case is calculated according to the severity of your injuries, long-term health evaluation, the impact on your ability to work, liability factors, the amount of total insurance coverage available, and a number of other individual factors.

With this in mind, attorney Boulton will pursue maximum compensation on every motorcycle accident case, and that means accounting for everything: past and future medical expenses, lost wages, reduced earning capacity, pain and suffering, property damage, and loss of enjoyment of life.

Does it matter that I wasn’t wearing a helmet?

Indiana law does not require riders 18 and older to wear one, though it is strongly encouraged.

If you were not helmeted and suffered a head injury, an insurance company may attempt to use that fact to reduce your compensation by arguing you contributed to the severity of your own injuries.

Tactics like this are why it’s important to have an experienced motorcycle accident attorney on your side. Attorney Boulton has investigated and handled cases involving this argument and knows how to address it.

How long will my case take to resolve?

This will depend on the complexity of the case, the severity of your injuries, questions of liability, and whether or not the insurance company negotiates in good faith. Some motorcycle accident cases have resolved in a matter of months. Others, particularly those involving serious injuries or disputed liability, can take longer.

Attorney Boulton Matt will never rush a settlement that doesn’t fully account for your total damages. His goal is always maximum compensation for the injured rider, and he personally keeps you informed every step of the way.

Do I need a lawyer if the insurance company already made me an offer?

Yes. First offers from insurance companies are almost never their best offers.

Insurance companies know a first offer is tempting because the injured motorcyclist may view it as a quick and easy resolution. The fact is, the first offer may leave several thousand dollars on the table, leaving the rider shortchanged in the long term. This is especially true if the full extent of your injuries is unknown and you have not had a chance to speak with an attorney.

Once you accept a settlement, you will be asked by the insurance company to sign a release of liability document, which generally prohibits you from future compensation related to your motorcycle accident.

Before signing anything, ask attorney Boulton to evaluate the offer. His evaluations are always free, and it could mean the difference between a settlement that covers your needs and one that leaves you short.

Will my case go to trial?

The majority of motorcycle accident cases settle before a trial is necessary.

That said, attorney Boulton prepares every case as if it will go before a jury. His meticulous preparation and case-building process are what give him leverage at the negotiating table, and it means that if a fair settlement is not offered, he is ready to fight a lawsuit and take it to court.

Boulton Law Group is a trial-tested firm. Insurance companies know that, and it matters when they are deciding how seriously to take your claim.

Contact an Experienced Indiana Motorcycle Accident Attorney

When it comes to Indiana motorcycle accident cases, it’s important to understand that evidence can disappear, witnesses’ memories fade, and state law imposes a hard deadline that limits your ability to legally file a claim.

The sooner you contact attorney Matt Boulton, the quicker he can begin piecing together the building blocks of your case, providing you with more leverage to help ensure a maximum financial recovery.

With more than 30 years of experience helping Indiana’s most seriously injured accident victims, attorney Boulton is prepared to provide you with personal representation and a custom-tailored strategy designed specifically for your motorcycle accident case.

Boulton Law Group’s Zero Fee Guarantee

Every Indiana motorcyclist and their family receives Boulton Law Group’s Zero Fee Guarantee.

This promise means your motorcycle accident case review is completely free. There will never be charges or fees of any kind that are collected while your case is ongoing. And lastly, the firm is never paid until your case is settled or won, and the fee will come from the recovery, never from your pocket.

If this is your first time reaching out to an attorney or you only want a second opinion, simply ask for Matt. He will listen to your story, never pressure you, give you an honest assessment of your case, and tell you exactly what he is able to do for you.

Call Boulton Law Group today at 317-350-2680 or reach out to us using the firm’s confidential, free contact form.