Experienced Indianapolis Motorcycle Accident Lawyers Here When You Need Them
A rider is dead after a car exiting a parking lot failed to stop or yield and plowed into his motorcycle.
The crash occurred near the intersection of State Road 135 and Southport Road in Indianapolis. According to police, the rider was southbound on 135 when a motorist emerging from a private parking lot crossed directly into his path; the rider could not stop or otherwise avoid the collision. He was pronounced dead at the scene.
The rider was not wearing a helmet and none of the names were released.
Collisions like the one in the above story (a vehicle that pulls directly into a motorcycle’s path) are so frequent in the U.K. and some other countries that authorities refer to them as “SMIDSY” crashes, which is an acronym for “sorry, mate, I didn’t see you.” Another abbreviation – TBFTL for “turned but failed to look” – simply does not have the same panache.
All kidding aside, invisibility is a serious problem for motorcyclists that is getting worse. Some years ago, most motorists operated small cars or low-profile station wagons. Today, the roads are dotted with large pickup trucks and SUVs, making visibility even more of an issue. To make themselves more visible, some riders weave in their lanes, honk their horns every few blocks, or adjust their exhaust noise volume. But these methods are not scientifically proven to be effective, and may raise the ire of some motorists who do not particularly like motorcycle riders to begin with.
SIMDSY crash injuries are particularly serious because the offending vehicles are nearly always accelerating as they change lanes or change directions. Some of the more common injuries include:
- Biker’s Arm: Riders who are thrown off their bikes naturally extend their arms to brace their falls. As a result, they often suffer permanent nerve injury in the brachial plexus area under their arms.
- Broken Bones: Arms and legs are often either slammed into the pavement or caught between the car and motorcycle. Either way, the wounds often require metal plates or pins during corrective surgery, and the victims must undergo months of physical rehabilitation to regain use.
- Internal Injuries: First responders and emergency physicians are often so concerned with massive external trauma injuries that internal bleeding may go undiagnosed for a time.
Damages in motorcycle crash cases normally include compensation for both economic losses, like medical bills, and noneconomic losses, like pain and suffering. Punitive damages might also be available, in some situations.
Indiana’s helmet law only applies to riders under 18. In the absence of a mandatory helmet law, it is difficult for insurance companies to blame victims for their own injuries by arguing that their wounds would not have been as severe if they were wearing helmets.
These arguments are even more difficult to win in the wake of City of Fort Wayne v. Parrish(2015). According to the Court of Appeals, it is foreseeable that motorists will not wear their seat belts and thus could be seriously injured in relatively minor crashes. Furthermore, there is no pre-injury duty to mitigate damages by wearing a seat belt, and since these devices have nothing to do with the crash itself, seat belt use is not admissible as contributory negligence. These same arguments apply to helmet non-use.
Rely on Experienced Attorneys
If you or a loved one was injured or killed in a motorcycle wreck, reach out to an experienced Indianapolis personal injury lawyer from Holland & Holland. Attorneys can arrange ongoing medical care for victims, even if they have no money and no insurance.