With warmer weather rolling in, it seems as good of a time as ever to pull that motorcycle out from storage to soak in the sunshine and longer daylight hours. With more people out on the roads these days as the world reopens; however, motorcyclists and drivers alike must exercise extra caution while driving. As more people return to traveling and commuting, motorcycles continue to be a popular and less expensive mode of transportation. Motorcyclists, however, are often exposed to additional risks and a heightened chance of a deadly or serious accident—and those who are at fault in these collisions must be held accountable.
In a recent local news report, a motorcycle accident in central Indiana left a man dead. According to the Indianapolis Metropolitan Police Department, the motorcyclist was traveling eastbound when he lost control of his bike. The motorcyclist was thrown from his bike across the median into oncoming traffic and was struck by a vehicle. The motorcycle also separately crashed into a second vehicle before coming to a stop. When officers arrived on the scene, the motorcyclist was suffering from significant physical injuries and was later pronounced dead on the scene. The accident remains under investigation by local authorities.
In Indiana, like other states, motorcyclists must adhere to the basic rules of the road. In addition, all motorcycle riders and passengers under the age of 18 must wear a motorcycle helmet. Motorcyclists are also barred by Indiana laws from lane splitting, which is when a rider operates their bike between two lanes of cars driving in the same direction. Passengers of motorcyclists can only ride with the motorcyclist when there is a seat attached and designed for passenger use—and can only do so on Class A motorcycles, but not on Class B motorcycles. Lastly, all motorcyclists are required to use a headlamp when operating their bikes, which must be illuminated at all times that the bike is in operation. Any violation of these laws could result in fines up to $500, and you could risk getting your license suspended for up to one year.
In the event of a motorcycle accident or crash, establishing liability can often be a complicated matter. Motorcyclists, like regular vehicle operators, must exercise reasonable care to avoid hurting or harming others while sharing the road. If the motorcyclist breaches this duty and causes an accident, they could be held liable for their actions.
When establishing liability for an accident in Indiana, the legal theory is broken into three parts to hold a responsible party liable for negligence. First, the plaintiff must establish that the defendant owed them a duty to exercise reasonable care while on the road. Second, the plaintiff must show that the defendant breached that duty of care. Lastly, the plaintiff must show that the breach was the legal cause of the plaintiff’s resulting injuries.
Do You Need an Indiana Motorcycle Accident Attorney?
If you or someone you know has been recently injured in an Indiana motorcycle accident, contact attorney Burton A. Padove today. Mr. Padove has years of experience representing all types of personal injury clients and will work to get you the compensation you deserve. To schedule a free consultation today, contact us at 219-836-2200.