No form of transportation is more thrilling than taking to the streets and highways on a motorcycle. Feeling the wind on your body, the acceleration that only two wheels can provide, using your whole body to navigate the roadway, saving money on gas, looking cool, and the solitude provided by the sound of the engine with the scenery blurring by are but a few of the attractions of motorcycle riding. Unfortunately, the lack of seatbelts, a vehicle body, and airbags, not to mention the decreased visibility to other vehicles and greater vulnerability to roadway surface hazards, on a motorcycle means that all of the risks of riding in a motor vehicle are much greater if you are on a motorcycle.
The National Safety Council, which focuses on eliminating the leading causes of preventable death and injury, collects and organizes statistical data regarding roadway incidents, including those involving motorcycles.In 2021, despite motorcycles making up only 3% of all registered vehicles and 0.6% of all vehicle miles traveled in the United States, motorcyclists accounted for 14% of all traffic fatalities and 17% of all occupant fatalities. Of the motorcycle fatalities in 2021: 67% were on urban roads; 83% occurred in good weather; about half occurred during the night; 53% involved two vehicles; 59% occurred where the rider or occupant wearing a helmet, and 72% did not include alcohol impairment.
Indiana Wrongful Death Act
In Indiana, pursuant to Indiana Code 9-21-10-9, only riders under 18 years of age or riding on a learner’s permit must wear a helmet and eye protection.
The Indiana Wrongful Death Act (Indiana Code 34-23-1-1, et seq., provides for a cause of action for the survivors of a deceased person to pursue the person or entity legally responsible for the death. The statute of limitations is generally two years after death. However, if a municipality or the state is legally responsible for the accident, action must be taken much sooner. If you have lost a loved one due to a motorcycle accident, call our experienced Indianapolis wrongful death attorney as soon as possible to ensure your claim is preserved.
After analyzing and investigating the facts and circumstances surrounding the accident, the first step in pursuing the person or entity responsible for the wrongful death will be filing the necessary documents to set up a wrongful death estate. The court's appointment of a personal estate representative will facilitate areas of investigation of the claim that would not be available otherwise. The sooner investigation is fully underway, the more likely it is that no evidence will be lost or unavailable.
Many motorcycle wrongful death claims can be resolved prior to filing a lawsuit. However, if and when it becomes necessary to file a lawsuit, the personal representative will file the wrongful death estate on behalf of the estate. The types of damages that may be pursued, as well as who is eligible to receive damages for the death of a loved one due to the negligence of another, depend upon the facts and circumstances unique to each individual.
Contact Our Motorcycle Accident Lawyers for a Free Analysis of Your Motorcycle Accident Case
In addition to our attorneys and staff offering injured New Mexican motorcyclists excellent customer service, our experience handling claims for injured bikers will be critical to your case.
Fill out our confidential, free contact form or call us at 1-800-253-5537 for a free live consultation with one of our Albuquerque accident lawyers.
