Published in Personal Injury by Chris Eskew on April 26, 2023.
In 2020, nearly 83,000 motorcyclists were injured in accidents. Motorcycle accidents are some of the most devastating accidents that can take place on the roadway. By design, motorcycles lack the protection and safety mechanisms of a car. Because of this, even a minor accident can result in severe injuries and death.
If you or someone you love was recently involved in a motorcycle accident in Indiana and are wondering about your options for filing a motorcycle accident claim, contact the experienced injury attorneys at Eskew Law.
Average Settlement for Motorcycle Accidents
We are often asked, as attorneys, What is the average settlement for motorcycle accidents in Indiana?
But the truth is there is no average payout amount for a motorcycle injury claim. Each case has its own unique set of circumstances. However, because of the destructive nature of motorcycle accidents, it is not uncommon to see seven-figure settlements. The individual factors of your situation will determine the type and amount of damages you may be eligible for. Upon sharing your story with our experienced motorcycle attorneys, we can provide you with a better understanding of what to expect from your case.
Common Injuries from Motorcycle Crashes
An infinite number of injuries can occur from a motorcycle crash. However, there are a handful of common injuries we routinely see. These include the following:
- Road rash,
- Cuts and scrapes,
- Broken bones,
- Skull fractures,
- Spinal cord injuries,
- Concussions and other brain injuries, and
- Internal bleeding.
Even a minor crash can result in significant and severe injuries in a motorcycle wreck. A motorcycle crash survivor may have permanent disabilities requiring extensive medical care and accommodations for the rest of their life. You might be entitled to compensation if you suffered a minor road rash or a traumatic brain injury.
Common Causes of Motorcycle Accidents
Identifying the cause of your motorcycle crash is one of the first steps you should take to recover damages. Many of these causes will be the same as any other motor vehicle crash. Let’s take a look at some common causes.
Like in any car crash, another driver’s negligence is one of the most common causes of motorcycle accidents. Another driver’s negligence can include:
- Distracted driving,
- Disobeying traffic laws, and
- Driving under the influence of alcohol or drugs.
Any degree of driver negligence could have devastating consequences for motorcyclists.
As with any motor vehicle or machine, it is possible for the vehicle or a part of the vehicle to fail or malfunction. If a vital part of the bike (e.g., the brakes or engine) suddenly and unexpectedly fails, it could cause a crash and serious injuries. Locating and identifying the defect can be simple when it’s obvious, or it can require extensive investigative work. The assistance of an experienced accident attorney can streamline this process.
Poorly Maintained Roads
With over 240 State roads alone, Indiana has hundreds of thousands of miles of roads within its borders. Unfortunately, not all of these roads are adequately maintained. Poorly maintained roads can have large potholes, uneven payment, and debris in the street, creating dangerous conditions for motorcyclists.
Damages Available in a Motorcycle Accident Case
The most common damages available to a motorcycle accident victim are compensatory damages. The name pretty much says it all—as compensatory damages compensate a victim for losses associated with their injuries.
Plaintiffs will be compensated for their actual losses, including the following:
- Medical bills,
- Past and future lost wages,
- Pain and suffering,
- Mental anguish, and
- Repair or replacement of the damaged motorcycle.
Under relatively rare circumstances, a plaintiff may be entitled to punitive damages to punish a defendant for extraordinary negligence.
Factors Considered in a Motorcycle Accident Settlement
While every motorcycle accident differs, several factors are generally considered in determining a payout or settlement.
- The cause of the crash,
- The severity of the plaintiff’s injuries,
- Medical treatment received,
- Anticipated future medical needs,
- Whether you can expect to make a full recovery or will have permanent physical limitations,
- Loss of income and earning potential, and
- Loss of quality of life.
Generally, the more severe injuries and damage, the higher the settlement will be. Practically, it makes sense. For instance, if you walk away from a motorcycle crash with minor bumps and bruises, you will likely have a much smaller settlement than someone with permanent paralysis or brain injury. The quickest and most accurate way to determine your possible damages is to discuss your accident with our experienced lawyers.
Contact Us Today!
Unsurprisingly, motorcycle accidents can be some of the most severe crashes on the road, and any following claims or litigation can be complicated and challenging to navigate. Let our team handle the investigation, negotiation, and litigation on your behalf. At Eskew Law, we have the experience, knowledge, and resources to get you the compensation you deserve.
Contact us to set up an initial consultation. We are happy to meet with you to assess your case and potential recovery.