Riders have no frame, airbags, or crumple zones to absorb the force of a crash, so even a low-speed impact can lead to broken bones, head trauma, or a long recovery. Insurance companies and jurors do not always treat riders fairly either, and an adjuster may assume the rider was reckless before anyone looks at the facts.
At Wagner Reese LLP, our Indianapolis motorcycle accident lawyers help injured riders and their families pursue compensation under Indiana law as part of our vehicle accident practice. Our attorneys build each case around evidence that shows what really happened, whether a driver turned across a rider’s path, changed lanes without looking, or left a hazard on the road.
⚠ Time-Sensitive. Indiana Law Limits Your Window to File
Indiana generally gives injured riders two years to file a lawsuit.
Claims against a city or other local government can require written notice within 180 days.
Common Causes of Motorcycle Accidents in Indianapolis
Most crashes between a motorcycle and another vehicle start when a driver fails to see a rider or misjudges a motorcycle’s speed. In its 2024 motorcycle data, the National Highway Traffic Safety Administration reports 6,228 motorcyclists died nationwide, and in 45 percent of fatal crashes between a motorcycle and another vehicle, the other vehicle was turning left while the motorcycle was going straight, passing, or overtaking. The Indiana Crash Facts 2024 report counts 136 motorcyclist deaths in Indiana in 2024, down from 141 in 2023.
Several situations show up again and again in rider claims, and finding the cause of your crash is the first step in finding who may be responsible:
- Left-turn crashes: a driver turns across the rider’s path at an intersection or driveway, often after missing a narrow headlight.
- Unsafe lane changes: drivers who skip mirror and blind-spot checks can merge into a rider’s lane, because a motorcycle can hide behind a door pillar or mirror.
- Dooring: a driver or passenger opens a car door into a rider’s path, which can leave no time to stop or swerve.
- Distracted or impaired drivers: texting and screen use or drunk driving slows reactions and can lead to drifting or late braking.
- Head-on, sideswipe, and hit-and-run crashes: a hit-and-run driver who is never identified does not always end your options.
- Road hazards: potholes, gravel, uneven pavement, missing signs, and poorly marked work zones can cause a rider to lose control.
Our guides on the number one cause of motorcycle crashes and who is at fault in most motorcycle accidents go into more detail.
Who May Be Liable After a Motorcycle Crash
In most cases, the driver who caused the crash is responsible, but Indiana law also allows claims against other parties whose actions contributed to it. That can matter when the driver’s insurance is limited.
The Driver, Employers, and Manufacturers
A driver who turned unsafely, ran a light, followed too closely, or drove while distracted or impaired may be responsible for a rider’s injuries. If the driver was working at the time, the employer may share liability, which is common in crashes with delivery vehicles and commercial truck accidents. A defective brake, tire, or frame component, or faulty repair work, may support a product liability or negligence claim.
Cities and Local Governments
Dangerous road conditions such as potholes or missing signs can support a claim against a city, county, or other political subdivision, but strict notice rules apply. Indiana Code § 34-13-3-8 requires written notice to the governing body and to the Indiana political subdivision risk management commission within 180 days after the loss, and missing that notice can bar the claim.
Proving Negligence and Countering Rider Bias
To recover, a rider generally must show that another party owed a duty of care, breached it, and caused the injuries claimed. Evidence turns those elements into proof, and it often includes the police crash report, witness statements, photos and video from nearby traffic and doorbell cameras, medical records, and your motorcycle, helmet, and riding gear in their post-crash condition.
Some adjusters, jurors, and even witnesses assume riders take extra risks, and that bias can show up as a quick accusation about speed, lane position, or clothing before anyone looks at the facts. We counter it with evidence instead of argument. Video, vehicle damage patterns, and accident reconstruction can show where the motorcycle was, how fast it was moving, and what the driver did.
Helmets, Lane Use, and Indiana Rider Laws
Indiana’s rider laws often come up in claims, and insurers sometimes use them to shift blame. Knowing what the law says helps you respond.
Helmets and Your Claim
Indiana requires helmets only for riders under 18 under Indiana Code § 9-19-7-1 and for riders with a learner’s permit under Indiana Code § 9-24-8-3, so most adult riders with a full endorsement are not breaking the law by riding without one. The Insurance Institute for Highway Safety estimates helmets reduce the risk of death by 37 percent, which is why adjusters raise the point.
An insurer may argue that a missing helmet made a head injury worse, but a helmet does not cause a driver to turn in front of you. How that argument applies depends on your injuries and the facts, so tell your attorney whether you were wearing one, and read our guide on compensation without a helmet.
Lane Position and Lane Splitting
Indiana Code § 9-21-10-6 says a motorcycle is entitled to the full use of a traffic lane, and insurers often point to speed or lane position to argue a rider shares the blame. Our guide on whether lane splitting is legal in Indiana and our overview of Indiana motorcycle laws explain how these rules can affect fault.
What Compensation May Be Available
Compensation depends on your injuries, the cost of treatment, the evidence, and the insurance available, and anyone who quotes a number before reviewing your records is guessing. Every case is different, and no lawyer can promise a particular result.
Economic and Non-Economic Damages
Economic damages cover measurable losses such as medical bills, rehabilitation, lost wages, reduced earning capacity, and repair or replacement of your motorcycle and gear. Non-economic damages address pain and suffering, emotional distress, scarring, and loss of enjoyment of life. Rider injuries are often severe, including brain injuries, spinal cord injuries, fractures, road rash, and other catastrophic injuries that can require lifelong care.
What Shapes the Value of a Claim
Injury severity and permanence, medical costs, lost income, the insurance available, your share of fault, and the strength of the evidence all affect value. In limited cases involving conduct such as drunk driving, a court may allow punitive damages meant to punish the wrongdoer, and families who lose a rider may pursue a wrongful death claim.
Comparative Fault and Deadlines in Indiana
Indiana follows a modified comparative fault system, and strict deadlines apply to rider claims. Both can affect what you recover, so it helps to know them early.
How Shared Fault Reduces a Claim
Under Indiana Code § 34-51-2-5, a rider’s share of fault reduces compensation in proportion to that share. Under Indiana Code § 34-51-2-6, a rider is barred from recovery if the rider’s fault is greater than the fault of all others whose fault contributed to the damages. For example, if a jury found $200,000 in total damages and assigned the rider 20 percent of the fault, the award would be reduced by $40,000 to $160,000, which is an illustration and not a prediction.
Filing Deadlines
Indiana Code § 34-11-2-4 gives injured riders two years from the date of the crash to file a lawsuit. A wrongful death claim has a two-year limit under Indiana Code § 34-23-1-1 and is brought by the personal representative of the estate, and claims against local governments require written notice within 180 days. A court can dismiss a late case no matter how strong it is, so speak with a lawyer well before any of these dates.
Insurance Coverage for Riders
Insurance limits often decide how much of a serious injury claim can be recovered. Indiana’s minimum liability limits are $25,000 for one person’s injuries, $50,000 per accident, and $25,000 for property damage under Indiana Code § 9-25-4-5, which can fall far short of the cost of a serious motorcycle injury.
If the at-fault driver has no insurance or too little, your own policy may help. Indiana requires insurers to offer uninsured and underinsured motorist coverage under Indiana Code § 27-7-5-2, although a named insured can reject it in writing, so check your policy to see whether you have it. Adjusters may also push a quick recorded statement or a fast, low offer, and some argue the driver “did not see” the rider, but a driver who never saw a motorcycle may still have failed to keep a proper lookout.
Why Choose Wagner Reese for Your Motorcycle Accident Case
Rider claims often turn on evidence that disappears quickly, so how a firm starts matters.
Investigation That Starts Right Away
We gather police and medical records, send preservation requests for video and vehicle data when they are available, and interview witnesses. We also work with accident reconstruction and medical professionals when a case calls for it, and our Indianapolis office is ready to review what happened.
Preparing for Trial
After documenting the full cost of your injuries, including future care and lost earning capacity, we negotiate with the insurance company. Many cases settle, but we prepare each one as though it may go to trial.
Frequently Asked Questions About Motorcycle Accidents in Indianapolis
These answers cover common questions not addressed above.
What if the driver says they did not see me?
That does not automatically excuse the driver. Drivers are expected to look for motorcycles before turning or changing lanes, and failing to keep a proper lookout can be negligence.
Is a motorcycle claim handled differently than a car accident claim?
The legal rules are the same, but rider injuries tend to be more severe, and insurers and jurors may hold biases about riders. Evidence about speed, lane position, and the other driver’s conduct often matters more.
How long will my motorcycle case take, and will it go to trial?
It depends on the injuries, how clear fault is, and how the insurer negotiates. Many cases settle without a trial, and waiting until your medical needs are clearer can help protect your recovery.
How much does a motorcycle accident lawyer cost?
Our attorneys work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.
What if I was riding a borrowed or rented motorcycle?
You may still have a claim against the at-fault driver, but which insurance applies can depend on whose policy covers the motorcycle and the terms of any rental. Tell your attorney early so those details can be reviewed.
Can a passenger or family member file a claim after a motorcycle crash?
A passenger hurt by another driver’s negligence can pursue a claim. If a rider dies, the personal representative of the estate can bring a wrongful death claim for eligible family members.
Contact Wagner Reese LLP About Your Motorcycle Accident Claim
Medical bills, missed work, and insurance calls can pile up fast after a crash, and you should not have to handle them alone. Our attorneys at Wagner Reese LLP bring decades of experience to injury claims and have been recognized by Super Lawyers and The Best Lawyers in America.
If you were hurt in a motorcycle crash in Indianapolis or anywhere in Indiana, our attorneys can review what happened, explain your options, and deal with the insurance company while you focus on your recovery. Contact Wagner Reese LLP to request your free case review.
