A motorcycle crash can change your life in seconds. Riders have no frame, airbags, or crumple zones to absorb the force of a collision, so even a low-speed impact can lead to broken bones, head trauma, or a long recovery. If another driver caused your crash, Indiana law may allow you to seek payment for medical bills, lost income, and the other ways the crash has changed your life. Wagner Reese handles these claims as part of our vehicle accident practice.
Insurance companies and jurors do not always treat riders fairly. Adjusters may assume a rider was reckless, even when a driver turned across the motorcycle’s path or changed lanes without looking. As Indianapolis motorcycle accident lawyers, our attorneys build each case around evidence that shows what really happened. This page explains the causes of these crashes, who can be held responsible, how claims are valued, and the deadlines that apply.
⚠ 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.
Free consultation. No attorney fee unless we recover compensation for you. Representing injured Indiana riders and their families since 1997.
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 the motorcycle’s speed. Nationally, NHTSA reports that 6,335 motorcyclists were killed in 2023, and in 46 percent of fatal two-vehicle crashes where the motorcycle was going straight, passing, or overtaking, the other vehicle was turning left. NHTSA’s 2023 motorcycle data shows how often one driver’s choice decides the outcome. Finding the cause of your crash is the first step in identifying who may be responsible.
Left-Turn Crashes
A driver turns across the rider’s path at an intersection or driveway, often after misjudging speed or missing a narrow headlight.
Unsafe Lane Changes
Drivers who skip mirror and blind-spot checks can merge into a rider’s lane. A motorcycle can hide behind a door pillar or mirror.
Distracted Driving
Texting, navigation screens, and other distractions take a driver’s eyes off the road, and riders pay the price when a driver drifts or brakes late.
Impaired Driving
Impaired driving involving alcohol, drugs, or medication slows reaction time and weakens judgment. Riders hit by impaired drivers may have additional claims.
Road Hazards
Potholes, gravel, uneven pavement, missing signs, and poorly marked work zones can cause a rider to lose control.
Defective Parts
Brake, tire, or steering failures can cause a crash even when no other vehicle is involved.
These crashes happen on Indiana roads every year. The Indiana Crash Fact Book, produced with the Indiana Criminal Justice Institute, counts 136 motorcyclist deaths in Indiana in 2024, down from 141 in 2023. Marion County, where Indianapolis is located, had more motorcyclists involved in collisions than any other county. See the state crash data for details.
Common Motorcycle Accident Injuries
Without a vehicle body to protect them, riders often suffer serious harm, including catastrophic injuries, that requires long treatment and may affect work and daily life. The table below lists injuries we see often and what each can involve.
| Injury | What It Can Involve |
|---|---|
| Head and brain injuries | Concussion, skull fracture, or traumatic brain injury, which can occur even when a rider wears a helmet. |
| Spinal cord injuries | Partial or complete paralysis, chronic pain, and lifelong care needs. |
| Broken bones | Fractures of the legs, arms, ribs, collarbone, or pelvis that may require surgery and rehabilitation. |
| Road rash and burns | Skin loss, infection, and scarring from sliding across pavement or touching hot engine parts. |
| Internal injuries | Organ damage and internal bleeding that may not be obvious at the scene. |
See a doctor right away even if you feel fine, because some symptoms appear days later.
Who Can Be Liable for a Motorcycle Accident in Indianapolis
In most cases, the driver who caused the crash is responsible. Indiana law also allows claims against other parties whose actions or failures contributed to the crash, which can matter when the driver’s insurance is limited.
The Other Driver
A driver who turned unsafely, ran a light, followed too closely, or drove while distracted or impaired can be responsible for the rider’s injuries.
An Employer or Trucking Company
If the driver was working at the time, the employer may share liability. This is common in crashes with delivery vehicles and commercial truck accidents.
A Manufacturer or Repair Shop
A defective brake, tire, or frame component, or faulty repair work, can support a product liability or negligence claim.
A City or Local Government
Dangerous road conditions such as potholes or missing signs can support a claim against a government body, but strict notice rules apply.
Proving Negligence in a Motorcycle Accident Case
To recover, a rider generally must show that another party owed a duty of care, breached it, and caused the injuries and losses claimed. Evidence is what turns those elements into proof. Useful evidence often includes:
- The police crash report and witness statements
- Photos and video of the scene, vehicles, and road conditions, including nearby traffic and doorbell cameras
- Medical records that connect your injuries to the crash
- Your motorcycle, helmet, and riding gear, kept in their post-crash condition
- Accident reconstruction analysis when speed or lane position is disputed
How Rider Bias Affects a Claim and How Evidence Counters It
Some adjusters, jurors, and even witnesses assume riders take extra risks. 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 rather than argument. Video, vehicle damage patterns, and reconstruction analysis can show where the motorcycle was, how fast it was moving, and what the driver did. Statements from other motorists can help show that the rider was following the rules of the road. The sooner this evidence is gathered, the more likely it is to hold up.
Road Defect Claims and the 180-Day Notice Rule
If a pothole, missing sign, or poorly maintained road contributed to your crash, a claim against a city, county, or other political subdivision follows special rules. Indiana’s tort claims statute requires notice to the governing body within 180 days after the loss, and missing that notice can bar the claim under IC 34-13-3-8. Do not wait to ask about your options.
How Much Is a Motorcycle Accident Claim Worth in Indiana
There is no average payout that fits every case. The value of a claim depends on the severity of your injuries, the cost of treatment, how long you cannot work, the insurance available, and how much fault is placed on each person involved. Anyone who quotes a number before reviewing your medical records and the available insurance is guessing.
| Value Factor | Why It Matters |
|---|---|
| Injury severity and permanence | Long-term disability, scarring, or chronic pain can raise the value of future care and non-economic losses. |
| Medical costs | Past bills and projected future treatment, including surgery, therapy, and equipment. |
| Lost income | Missed work now and any reduced ability to earn in the future. |
| Available insurance | The at-fault driver’s policy limits and your own coverage can limit what is recoverable in practice. |
| Share of fault | Indiana reduces compensation by the rider’s percentage of fault. |
| Strength of evidence | Clear proof of how the crash happened strengthens settlement negotiations. |
Damages Available After an Indiana Motorcycle Crash
Damages fall into broad categories. Economic damages cover measurable financial losses, while non-economic damages address how the injury has changed your life.
| Type of Damages | Examples |
|---|---|
| Economic | Medical bills, rehabilitation, lost wages, loss of earning capacity, motorcycle repair or replacement, and out-of-pocket costs. |
| Non-economic | Pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life. |
| Wrongful death | Medical, funeral, and burial costs, lost earnings, and damages for eligible surviving family members. |
| Punitive | In limited cases involving conduct such as drunk driving, a court may allow damages meant to punish the wrongdoer. |
Every case is different, and no lawyer can assure a particular result. A review of your records is the only way to estimate what your claim may include.
Wondering what your claim may be worth?
Tell us what happened and we will review your options at no cost to you.
Does Not Wearing a Helmet Affect an Indiana Motorcycle Claim
It can, but it does not end your claim. Indiana requires helmets only for riders under 18 and for riders with a motorcycle learner’s permit, as set out in IC 9-19-7-1, so most adult riders with a full endorsement are not breaking the law by riding without one. Even so, an insurer may argue that a missing helmet made a head injury worse.
Not wearing a helmet does not cause a driver to turn in front of you. In many cases, the argument is limited to injuries a helmet could have prevented or reduced, such as a head injury, and the other driver’s negligence still matters. The IIHS estimates that helmets are about 37 percent effective at preventing motorcycle deaths, which is why adjusters raise the point. Tell your attorney whether you were wearing a helmet, and keep it if you have it.
Comparative Fault and Partial Blame in Indiana
Indiana follows a modified comparative fault system. Under IC 34-51-2-5, a rider’s share of fault reduces the compensation awarded in proportion to that share. Under IC 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.
| Rider’s Share of Fault | Effect on the Claim |
|---|---|
| 0 percent | Compensation is not reduced for fault. |
| 1 to 50 percent | Compensation is reduced by the rider’s percentage of fault. |
| More than the combined fault of others | The claim is barred. |
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. This is an illustration only and not a prediction for any case.
Insurers know that every percentage point of fault lowers what they pay, so they often point to speed, lane position, or visibility. Strong evidence of the other driver’s conduct is the most direct response to those arguments.
Statute of Limitations for Indiana Motorcycle Accident Claims
Indiana generally gives injured people two years to file a personal injury lawsuit under IC 34-11-2-4. The clock usually starts on the date of the crash. If the deadline passes, the court can dismiss your case no matter how strong it is.
Personal Injury Lawsuit
Generally two years from the date of the crash (IC 34-11-2-4).
Wrongful Death Claim
Two years, brought by the personal representative of the estate (IC 34-23-1-1).
Local Government Claim
Written notice within 180 days after the loss (IC 34-13-3-8).
If you lost a family member in a motorcycle crash, a wrongful death claim is also subject to a two-year limit under IC 34-23-1-1 and is brought by the personal representative of the estate. Because evidence fades and insurers move quickly, we recommend speaking with a lawyer well before any of these deadlines.
Insurance Coverage and Uninsured Motorist Claims
Indiana’s minimum liability limits are $25,000 for one person’s injuries, $50,000 per accident, and $25,000 for property damage under IC 9-25-4-5. Those limits 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 IC 27-7-5-2, although a named insured can reject it in writing. Check your policy to see whether you have it.
Insurance Company Tactics to Watch For
Adjusters are trained to limit what their company pays. These common tactics can hurt a rider’s claim.
Quick Recorded Statements
Asking for a statement before you understand your injuries or the facts.
Early Low Offers
A fast offer can be far below the long-term cost of treatment.
Blaming the Rider
Pointing to speed, lane position, clothing, or helmet use to shift fault.
The “I Did Not See Them” Defense
A driver who never saw the motorcycle may still have failed to keep a proper lookout.
What to Do After a Motorcycle Accident in Indianapolis
What you do in the first hours and days can affect both your health and your claim. Follow these steps if you are able.
Call 911 and Get Medical Care
Report the crash, accept an ambulance evaluation, and see a doctor even if injuries seem minor.
Document the Scene
If you can, photograph vehicles, skid marks, road hazards, signals, and your injuries. Get the other driver’s name, insurance, and plate number.
Collect Witness Details
Ask bystanders for names and phone numbers, and look for nearby cameras that may have recorded the crash.
Preserve Your Motorcycle and Gear
Do not repair or sell the motorcycle. Keep your helmet, jacket, and boots in their current condition.
Be Careful With Insurers
Report the crash to your own insurer, but avoid recorded statements and settlement talks with the other driver’s insurer until you have legal advice.
Call a Motorcycle Accident Lawyer
Contact Wagner Reese for a free consultation so we can start preserving evidence while it is still available.
How Wagner Reese Approaches Motorcycle Accident Cases
Our approach starts with a prompt investigation. We gather police and medical records, send preservation requests for video and vehicle data when they are available, interview witnesses, and work with accident reconstruction and medical professionals when a case calls for it.
We then document the full cost of your injuries, including future care and lost earning capacity, before negotiating with the insurance company. Many cases settle, but we prepare each one as though it may go to trial. Wagner Reese has represented injured people from our Indianapolis office since 1997, and our attorneys have been recognized by Super Lawyers.
We represent injured riders on a contingency fee basis, so you pay no attorney fee unless we recover compensation for you. We explain how case expenses are handled before you decide to hire us.
Frequently Asked Questions About Motorcycle Accidents in Indianapolis
These answers cover the questions riders ask us most often. Each one is general information and not legal advice for your case.
Still have questions about your crash? We are glad to answer them.
Talk With an Indianapolis Motorcycle Accident Lawyer Today
Medical bills, missed work, and insurance calls can pile up fast after a crash. Wagner Reese can review what happened, explain your options, and deal with the insurance company while you focus on your recovery. Your consultation is free.
Call us at 888-204-8440 or contact us online to talk with our team. Our line is answered 24/7, and we can start protecting your claim right away.
Free Motorcycle Accident Case Review
No attorney fee unless we recover compensation for you.
