After a motorcycle crash, the at-fault driver’s insurer starts building a case against you before you leave the hospital. Langer & Langer’s Indiana motorcycle accident lawyers have represented injured riders across the state since 1980. Robert A. Langer leads our personal injury law firm practice, bringing decades of courtroom experience to serious injury claims.
Call (219) 464-3246 or schedule a free consultation today. No fee unless we recover for you.
Why Indiana riders trust Langer & Langer:
- 46+ years protecting Indiana families
- 4.8 rating across 150+ verified reviews
- Two-Time Trial Lawyer of the Year (ITLA)
- Available 24/7
- No recovery, no fee
Why Indiana Motorcycle Claims Are Legally Complex
Indiana’s modified comparative fault rule (IC 34-51-2-6) reduces your compensation by your percentage of fault. At 51% or more, you recover nothing. Insurers know this, so they argue the rider was speeding or came out of nowhere before a single piece of evidence is reviewed. Answering that takes proof, not argument.
The at-fault vehicle’s airbag control module can show its speed and braking in the seconds before impact, a sightline analysis tests the driver’s “I never saw the motorcycle” claim, and dashcam or intersection video can settle a disputed left turn outright. Most motorcycles don’t record crash data, so this evidence comes from the other vehicle and the scene, and it degrades fast. Winning requires an attorney who gathers it early and knows how Indiana juries weigh it.
What Causes Most Motorcycle Accidents in Indiana?
Left-turn collisions at intersections, lane-change crashes, and rear-end impacts at stops account for the most serious rider injuries in Indiana. Langer & Langer handles the full range:
- Left-turn collisions (driver fails to yield to oncoming rider)
- Lane-change and merge crashes (driver does not check the blind spot)
- Rear-end impacts (driver distracted or following too close)
- DUI driver collisions (impaired driver drifts into the rider’s lane)
- Hit-and-run crashes
- Road hazards: potholes, gravel, uneven pavement
- Truck blind-spot and underride crashes
Each crash type raises different liability questions. Hit-and-run cases run through your own uninsured motorist (UM) coverage. Truck crashes may involve federal motor carrier regulations. Road hazard cases against a government entity carry a separate notice deadline that runs even while you’re still in the hospital: 180 days for a city or county road under IC 34-13-3-8, and 270 days for a state road, such as one maintained by INDOT, under IC 34-13-3-6.
Common Injuries in Indiana Motorcycle Crashes
Riders have no structural protection, so injuries are disproportionately severe even at moderate speeds. Cases Langer & Langer handles include:
- Traumatic brain injury (TBI) occurs even with a helmet, because the brain moves inside the skull on impact
- Spinal cord injury and paralysis
- Broken bones: femur, pelvis, collarbone, ribs
- Road rash requiring skin grafting
- Amputations and crush injuries
- Biker’s arm (brachial plexus injury from bracing on impact, often causing permanent nerve damage)
- Internal organ damage
- Wrongful death
TBI and catastrophic injury cases require distinct medical and economic expert testimony. Fatal crashes proceed under a separate legal track for surviving family members under IC 34-23-1-1. Our guide to common motorcycle accidents and injuries explains how these injuries happen and what recovery involves.
What Damages Can You Recover?
Indiana generally does not impose a non-economic damages cap in ordinary motor vehicle injury cases. Recoverable damages include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Permanent disability and disfigurement
- Pain and suffering
- Loss of enjoyment of life
- Property damage (motorcycle, gear, equipment)
- Wrongful death damages for surviving family members
Call (219) 464-3246 for a free consultation. The call costs nothing. Important evidence can disappear quickly after a motorcycle crash.
How Much Is Your Indiana Motorcycle Claim Worth?
Settlement value depends on the severity of the injuries, the available insurance coverage, and the strength of the liability evidence. No attorney quotes a value without reviewing your medical records, the crash report, and the available coverage.
Key factors that drive value:
- Severity and permanence of injuries
- How clearly the other driver is at fault
- Liability insurance limits on the at-fault vehicle
- Your own underinsured motorist (UIM) coverage limits
- Lost income, past and future
Indiana’s minimum liability coverage is $25,000 per person under IC 9-25. That limit rarely covers a serious crash. When it runs out, your own UIM policy fills the gap, which is why we review your policy from day one. See our case results for examples of what Langer & Langer has recovered for clients.
Indiana Laws That Control Your Claim
- IC 34-51-2-6: Modified Comparative Fault: Your compensation is reduced by your fault percentage. At 51% or more assigned to you, you recover nothing. Insurers use this aggressively in motorcycle cases, which is why documented evidence of the other driver’s fault matters from the first hour.
- IC 34-11-2-4: Statute of Limitations: You generally have 2 years from the crash date to file a lawsuit. Delaying the investigation can make it more difficult to preserve evidence, locate witnesses, and build a strong case. Consult a lawyer well before the deadline.
- IC 9-19-7-1: Helmet Law: Indiana requires helmets only for riders under 18 and learner’s permit holders. Adult licensed riders are not required to wear one. If you suffered a head injury while riding without a helmet, the insurer may argue that helmet nonuse contributed to the severity of your injuries. The impact of that argument depends on the facts and applicable Indiana law.
- IC 34-13-3-6 and IC 34-13-3-8: Government Tort Claims: If your crash involved a government vehicle or a road hazard, you must file a tort claim notice before you can sue. The deadline is 180 days for a city or county entity under IC 34-13-3-8, and 270 days for a state agency such as INDOT under IC 34-13-3-6. Failure to comply with notice requirements can prevent recovery against the governmental entity.
What to Do After a Motorcycle Accident in Indiana
Do:
- Call 911 and wait for the police report. It is often an important piece of evidence.
- Get medical attention the same day. Adrenaline masks injury; symptoms often appear 24 to 72 hours later.
- Photograph the road, vehicles, skid marks, debris, traffic signs, and your injuries before anything moves.
- Collect names, insurance information, and witness contact details.
- Notify your own insurer that a crash occurred (basic notice only).
- Call a lawyer before giving any statement.
Do not:
- Give a recorded statement to the at-fault driver’s insurer. It will be used against you.
- Post about the crash on social media. Insurers monitor it.
- Accept a quick settlement before your injuries are fully diagnosed.
- Miss follow-up medical appointments. Gaps in treatment are used to argue that your injuries were not serious.
If the At-Fault Driver Has No Insurance
Your own uninsured/underinsured motorist (UM/UIM) coverage fills the gap. Indiana does not require UM/UIM, but insurers must offer it, and rejection must be in writing to be valid.
In a serious crash, the at-fault driver’s $25,000 minimum policy may not cover one emergency room visit. A $100,000 to $250,000 UIM limit is often what makes a rider financially whole. Hit-and-run crashes may qualify for uninsured motorist coverage, subject to the terms of the insurance policy and applicable Indiana law. Reporting the crash to law enforcement and notifying your insurer as soon as possible can help protect your claim.
For a deeper explanation, see our guide on uninsured and underinsured motorist coverage in Indiana.
Why Choose Langer & Langer
Steven L. Langer holds a Fellow designation from the American College of Trial Lawyers, extended to fewer than 1% of licensed attorneys. He has been recognized by Super Lawyers every year from 2008 through 2024 and named to the National Trial Lawyers Top 100. Robert A. Langer leads the personal injury practice with the same trial-ready approach. See our full awards and recognition, read what past clients say on our testimonials page, and review why injured clients hire Langer & Langer.
Our firm is family-run. The attorney who takes your case is directly accountable to you. The fee is contingent: you pay nothing unless Langer & Langer recovers for you.
Indiana Cities and Counties Served
Langer & Langer’s Valparaiso office serves Northwest Indiana directly, including Porter County, Lake County, LaPorte County, Hammond, Gary, Portage, Merrillville, Crown Point, Schererville, and Michigan City. If you’re in the Northwest Indiana area, see the Valparaiso motorcycle accident lawyer page for local details. We also handle cases in Indianapolis, Fort Wayne, South Bend, Bloomington, Lafayette, Kokomo, Elkhart, and every Indiana county. See all the areas Langer & Langer serves across Indiana. Consultations are available online.
Frequently Asked Questions
Does Indiana Require Motorcycle Riders to Wear a Helmet?
Only riders under 18 and learner’s permit holders must wear helmets under IC 9-19-7-1. Adult riders are not legally required to wear one. If you suffer a head injury while riding without a helmet, the insurance company may argue that helmet nonuse contributed to the severity of your injuries, but not wearing a helmet does not automatically bar recovery.
How Much Does a Motorcycle Accident Lawyer Cost?
Nothing up front. Langer & Langer handles motorcycle cases on a contingency fee, so there is no hourly rate and no retainer. The fee is a percentage of the recovery, and if there is no recovery, you owe no attorney’s fee. The initial consultation is free.
How Long Does an Indiana Motorcycle Accident Settlement Take?
Straightforward cases with clear liability typically resolve in 3 to 6 months. Complex cases involving catastrophic injuries, disputed liability, or government defendants can run 18 months or longer. The key variable is reaching maximum medical improvement (MMI) before settling. For a full breakdown, see how long a motorcycle accident lawsuit takes in Indiana.
Can I Still Recover If I Was Partly at Fault?
Yes, as long as you are assigned less than 51% of the fault under IC 34-51-2-6. Your recovery is reduced by your percentage. At 20% fault and $200,000 in damages, you recover $160,000. The fault percentage is set by a jury or negotiated in settlement, not fixed by the insurer’s own assessment.
What Is the Statute of Limitations for a Motorcycle Accident in Indiana?
2 years from the crash date under IC 34-11-2-4. Government entity claims require a 180-day tort claim notice under IC 34-13-3-8 on top of the 2-year deadline. Missing these deadlines can severely limit or eliminate your ability to pursue compensation.
Is It Worth Pursuing Pain and Suffering Damages?
Pain and suffering are recognized as a category of non-economic damages in Indiana. Whether a lawsuit is worth filing depends on the gap between the insurer’s offer and what a jury is likely to award, adjusted for litigation time and cost. For catastrophic injuries, that gap is often substantial. Langer & Langer evaluate this during the free consultation.
Call Langer & Langer: Free Consultation
You have 2 years from the crash date to file a claim. But the investigation that wins cases, including scene documentation, witness interviews, and expert reconstruction, starts immediately. Evidence can disappear. Surveillance footage may be overwritten. Witness memories can fade. Every week that passes can make it more difficult to preserve evidence and investigate the crash effectively.
Langer & Langer has fought for Indiana motorcycle accident victims since 1980. The consultation is free. If we take your case, you pay nothing unless we recover for you. There is no financial risk in calling.
Call (219) 464-3246 today or schedule your free consultation online. We are available 24/7.
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