Injuries from a motorcycle accident can be devastating for riders because of their limited protection compared to other motor vehicles. You may face a difficult medical recovery and suffer from other impositions on your daily living. A Portage motorcycle accident lawyer from The Law Offices of David W. Holub could help you or a loved one in pursuit of compensation against those liable for the damages from an injury.
Our aggressive representation style puts clients in a position of strength for resolving their legal claims and obtaining financial support after a motorcycle accident. Give a skilled personal injury attorney from our firm a call today.
Identifying Parties at Fault
Determining the cause of a motorcycle accident is the first step in identifying which parties could be liable for an injury due to their fault. In many cases, the fault for a motorcycle accident will be evident because of another driver’s wrongdoing or a clear violation of common traffic laws in Indiana. For example, liability could stem from the following types of driver error:
- Speeding
- Tailgating
- Distracted driving
- Driving under the influence
- Failing to yield or check blind spots
However, some cases are more complex because parties with liability are not directly present at the scene of the motorcycle accident. A vehicle manufacturer could have liability if the cause of an accident was a defective product.
Alternatively, another driver’s employer could be vicariously liable if their employee’s driving caused injury while acting within the scope of their employment. An experienced Portage lawyer could review the facts of a motorcycle accident to properly identify all parties with liability and ensure they are named in a lawsuit.
Pursuing Compensation Against a Liable Party
While settlement outside of court is possible in some cases, filing a civil claim in court may be necessary or beneficial in maximizing compensation. A Portage motorcycle accident attorney could prepare a written complaint that details another party’s fault for a collision and identifies all damages incurred. The amount of compensation available in a case will depend on a person’s injury and its impact on their life. Common damages to claim will include those for a person’s pain and suffering, their medical care expenses, and lost earnings if an injury makes them unable to work.
A key issue that often arises in motorcycle accident cases is claims of a plaintiff’s contributory fault. For example, a liable party may allege a motorcyclist was also at fault in an accident because of issues including failing to yield the right of way or riding in between lanes of traffic. Indiana Code § 34-51-2-5 can limit an injured party’s recovery of compensation if a jury determines they had contributory fault that was less than the fault of the defendant(s). In such a case, the injured party’s damage award is proportionately diminished in accordance with their percentage of fault. The attorneys at The Law Offices of David W. Holub could work to address issues of contributory fault through arguments in court or settlement strategies.
Meet with a Motorcycle Accident Attorney in Portage Today
The deadline to file a personal injury lawsuit after a motorcycle accident is generally two years from the date of its occurrence under the statute of limitations in Indiana Code § 34-11-2-4. You can meet with a Portage motorcycle accident lawyer from The Law Offices of David W. Holub as soon as possible to discuss potential filing deadlines and the merits of a claim. Schedule a free case review with our office today.