A motorcycle accident lawyer can help you hold negligent drivers accountable for your injuries
Some of the most serious motorcycle accidents happen in Indiana for one simple reason: another driver didn’t yield the right of way. A driver makes a left turn into the path of an oncoming rider on South West Street in Indianapolis. Someone pulls out from North College Avenue without looking. Or a vehicle fails to yield while merging onto I-70. The result? A rider gets seriously hurt — or worse.
The sad reality is that any failure-to-yield motorcycle accident can be prevented. So why do they happen so often? How can they be prevented? And what legal options exist for injured motorcyclists in Indiana? Here's what you need to know.
What are the common causes of motorcycle accidents in Indiana?
Collisions involving motorcycles and cars often occur because the vehicle driver did something wrong. Some of the most common reasons why these accidents occur include:
- Right-of-way violations – 66% of multi-vehicle motorcycle accidents are caused by drivers who violate a motorcyclist's right-of-way, according to The Hurt Report, a groundbreaking, comprehensive, 435-page-long motorcycle accident study commissioned by the National Highway Traffic Safety Administration (NHTSA).
- Turning left – 42% of fatal motorcycle crashes involved a driver turning left into an oncoming motorcyclist, according to a 2021 study by the NHTSA.
- Inattentive drivers – Many right-of-way violations that resulted in a driver crashing into a motorcyclist occurred because the driver was not paying attention, according to The Hurt Report. Specifically, researchers concluded that the “greatest part of this accident cause factor (right-of-way violations) is related to the failure of the automobile driver to ‘see’ the oncoming motorcycle, or to ‘see it in time’ to avoid the collision.”
- Intersection violations – Along with inattentive drivers who don’t “see” motorcyclists, another thing many collisions involving drivers and motorcyclists have in common is that such accidents often occur at intersections. Specifically, 37.8% of motorcycle accidents involving another driver occurred at cross intersections involving two streets intersecting at a right angle, according to The Hurt Report.
How common are failure-to-yield motorcycle accidents?
Several studies have found that a driver’s failure to yield was the leading cause of collisions involving drivers and motorcyclists. According to The Hurt Report, 39.8 percent of motorcycle accidents occurred specifically because the driver of a vehicle failed to yield the right of way to the motorcyclist. That figure was easily the highest and most common cause of all car vs. motorcycle collisions.
The same is true in Indiana. Drivers are “more likely to be at fault” and cause a collision with a motorcyclist than the other way around, according to a 2020 Indiana University Public Policy Institute study. And one of the most common causes of these collisions is “failure to yield the right of way.” Specifically, drivers failed to yield the right of way 77 percent of the time in accidents involving motorcyclists in Indiana, according to the study.
Why do drivers fail to yield to motorcyclists?
- Inattention or distraction: A quick glance at a phone is enough to miss a bike approaching from the opposite direction.
- Low visibility: Motorcycles are smaller and can be harder to spot, especially at night or in poor lighting. But “I didn’t see them” is never a valid excuse.
- Speed misjudgment: Drivers often underestimate how fast a motorcycle is traveling and miscalculate how much time they have to turn or merge.
- Failure to check blind spots: Cars and trucks have larger blind zones, and failing to check them can be fatal when a motorcycle is in the next lane.
- Aggressive or impatient driving: Some drivers simply don’t want to wait. They cut off bikes at intersections or try to beat them through a left turn.
Drivers can’t just say they didn’t see the motorcyclist and be let off the hook for causing a serious motorcycle accident. Indiana has strict laws that hold reckless drivers accountable.
How Indiana law handles failure-to-yield crashes
In Indiana, all drivers have a legal duty to yield the right of way in specific situations, including at intersections, stop signs, yield signs, and during left turns. If a driver violates this duty and causes a motorcycle wreck, they can be held liable under state negligence law.
However, another Indiana liability law makes the situation slightly more complicated. Indiana has a modified comparative fault rule. That means if a motorcyclist is found to be 50 percent or less at fault for the accident, they can still recover damages. However, the amount of money awarded to the injured party is reduced based on their level of fault. If the rider is more than 50 percent at fault, they are not eligible to recover compensation for their accident.
These laws make it especially important for victims to challenge false narratives by insurance companies and negligent drivers that may try to blame the crash on the injured rider, a common issue in many motorcycle accident cases.
The cost of being hit on a motorcycle when someone fails to yield
Injuries from failure-to-yield motorcycle crashes can lead to long-term consequences. Riders often face:
- Hospital stays and multiple surgeries.
- Physical therapy or lifelong rehabilitation.
- Time off work or permanent loss of employment.
- Lost future income.
- Chronic pain or disability.
- Expensive motorcycle repairs or total loss.
- Emotional trauma, anxiety, and PTSD.
All of these expenses, including additional costs in the future, need to be considered when determining the total value of a motorcycle accident injury claim. However, proving fault and fighting for full compensation requires solid evidence and in-depth knowledge of how the legal system works in Indiana.
When motorcyclists get hurt, Glaser & Ebbs gets to work
If you were injured in a motorcycle accident because a driver failed to yield, you don't have to navigate the legal process alone. An experienced Indianapolis motorcycle accident lawyer at Glaser & Ebbs can help you every step of the way. We know how the legal system works in Indiana because we’ve been fighting for crash victims for years. Our case results prove this, including a $16 million settlement in one motor vehicle accident case.
Get the Indiana law firm with 100 years of trial experience. Get Glaser & Ebbs. Contact us and schedule a free consultation with an Indianapolis motorcycle accident attorney you can trust. We have six offices conveniently located throughout Indiana, including offices in Indianapolis and Fort Wayne.
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