If your motorcycle accident involved a speeding ticket, its ramifications depend on your situation. For instance, if the other party got a speeding ticket, this could support your case for compensation. It would assert that they acted negligently and should pay for your losses.
Matters change if you were issued a speeding ticket as a motorcyclist. Getting a ticket could compromise your ability to seek compensation for your losses–even if you were not at fault. In addition, you may face various fines and penalties. A lawyer familiar with Indiana motorcycle laws can examine your claim and determine your next steps.
Comparative Fault in Indiana Motorcycle Accidents With Speeding Tickets
Following a motorcycle collision in Indiana, you must establish who was at fault. IC § 34-51-2-6 states that anyone filing a personal injury lawsuit following a collision, including a motorcycle crash, must prove that they were less than 51 percent responsible.
If you were speeding when the collision occurred, the other party could use this as evidence to prove that you were negligent. If successful, this could increase your portion of fault and ultimately affect how much you can recover.
Police officers are not infallible. If you got a speeding ticket following a motorcycle collision, we can dispute the ticket and protect your right to full compensation.
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The Other Party’s Speeding Ticket Could Support Your Case
If the other party received a traffic citation after your collision, this could benefit your case. As noted, it could assert the other driver’s negligence and support your right to damages. Other information that could supplement your claim include:
- The police report
- Witness testimony
- Accident reconstruction data
- Black box information
- Video footage from traffic cameras
- Photos of your condition and motorcycle’s damage
The more information we have to benefit your case, the stronger it could be. We could even use your case’s evidence to refute a speeding ticket, if you were issued one.
You Can Seek Damages Following an Indiana Motorcycle Accident
If you can assert you were less than 51 percent responsible for your collision, you could recover:
- Medical bills
- Lost income and other job-related benefits, such as retirement contributions
- Pain and suffering
- The cost of motorcycle repairs or replacement
- Wrongful death-related expenses, such as loss of consortium
A speeding ticket alone does not stop you from seeking financial recovery. When you partner with an attorney, they can evaluate the ticket’s circumstances and create a plan of action.
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You Can Challenge a Speeding Ticket With the State of Indiana
If you believe your speeding ticket was in error, you can contest the ticket with the state of Indiana. Fighting a speeding ticket can be complicated. Yet, a lawyer can shed light on your situation.
You may have grounds to challenge a speeding ticket if you can prove that you had a legal or safety-related reason for going over the speed limit. You may also assert that you weren’t speeding at all, and law enforcement made an error.
If you successfully fight your speeding ticket, it could discredit allegations of fault against you. This could ensure a smooth claims process and uphold your legal rights.
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Penalties and Fines for Speeding in Indiana
Per Indiana law, a first-time traffic violation, such as speeding, could result in fines and “points” on your license. Yet, the penalties and fines for speeding depend on a number of factors, including:
- How far over the speed limit you were riding
- Whether speeding caused the accident
- The severity of the injuries and damages you sustained
- Your driving history, such as whether you’ve received other speeding tickets
- Whether you had the appropriate licensure and endorsements
If this is your first speeding ticket, you could waive the ticket with a guilty plea, making you liable for court costs. However, a guilty plea for speeding related to an accident could compromise your motorcycle injury claim.
In certain situations, the office writing the ticket may simply write “summons” instead of an amount. This means that you will be served a summons to appear before the court for the ticket. Again, a lawyer can explain more.
Speak With an Attorney Who Knows About Indiana Motorcycle Laws
After a motorcycle accident that involved a speeding ticket, you may not understand how to proceed. The motorcycle accident team at Sevenish Law Firm, P.C. understands the unique difficulties faced by motorcycle accident victims. We will protect your right to fair compensation.
Our founding partner, Randall “Randy” Sevenish, is known as the “Lawyer Who Rides” for a reason. An avid biker, Randy has spent decades biking Indiana’s roads, and at the same time, he has actively defended the rights of motorcycle injury victims across the state.
Contact our office today to learn how we can help with your motorcycle accident claim involving a speeding ticket. We can also answer other questions related to your situation.