Motorcycle Accident Statute of Limitations: Time Limits That Could Cost You

Motorcycle Accident Statute of Limitations in Indiana

Indiana witnessed 126 motorcycle fatalities in 2022, with annually between 120-150 motorcycle deaths occurring across the state. While these tragic statistics highlight the dangers motorcyclists face, what’s equally devastating is how many accident victims lose their right to compensation not because of their injuries, but because they missed critical filing deadlines. Understanding Indiana’s motorcycle accident statute of limitations could mean the difference between receiving life-changing compensation and walking away with nothing.

What is Indiana’s Motorcycle Accident Statute of Limitations?

Indiana has a two-year statute of limitations for motorcycle accidents. You have two years from the date of your accident to file a lawsuit against the liable party. Specifically, Indiana Code section 34-11-2-4 gives you two years to ask the state courts for a civil remedy for any personal injury or for any damage to your personal property.

This legal time limit exists to ensure evidence remains fresh, witness testimony stays reliable, and defendants don’t face indefinite lawsuit threats. However, if you miss this deadline, you may lose your right to sue and recover damages.

Indiana’s Two-Year Rule: When the Clock Starts

Standard Rule: The clock starts running on the date of the accident. For motorcycle accidents, this means you must file your lawsuit within exactly two years of when your crash occurred.

Discovery Rule Exception: Not all car accident injuries are immediately noticeable. The shock of the collision could flood the injured party’s body with adrenaline, which can mask pain. Some soft tissue injuries, like whiplash, may not make themselves apparent for several days after the accident. In these cases, Indiana may apply the discovery rule for:

• Traumatic brain injuries with delayed symptoms
• Internal organ damage not immediately apparent
• Spinal injuries that worsen over time

Critical Exceptions That Can Extend Your Filing Time

Several circumstances can pause or extend the statute of limitations in Indiana:

Minor Victims: If a minor child was a passenger when the accident occurred, and they were injured, the statute of limitations doesn’t begin until they are 18 years old. This provides crucial protection for young accident victims.

Mental Incapacity: If you are legally disabled after the accident, the two-year deadline begins to run once you are no longer incapacitated. This applies when:

• Brain injuries prevent understanding legal rights
• Comas or medically induced unconsciousness occur
• Mental conditions prevent filing capability

Defendant Absence: The defendant left Indiana. Defendants sometimes flee the state to escape liability, but the clock won’t run while they are outside of Indiana.

Defendant Incarceration: The defendant can’t go to court if they are in jail or prison, so you can wait until their release before taking legal action.

Special Circumstances in Motorcycle Cases

Wrongful Death Claims: Relatives of a person killed in a crash have two years to file an Indiana wrongful death claim. However, the two-year timespan begins on the day of the accident victim’s death rather than the date of the accident, so relatives may have a longer filing period.

Government Liability: There is an additional notice requirement of 180 days if the claim is against a government entity. This means you must provide formal notice to government agencies within 180 days before the standard two-year deadline applies.

Medical Malpractice: Indiana also has a rule which allows a potential medical malpractice plaintiff to “toll” – or suspend — the statute of limitations for 90 days by filing a “proposed complaint” with the medical review panel.

Devastating Consequences of Missing Indiana’s Deadline

If the statute of limitations deadline has passed, and you try to file your car accident lawsuit anyway… the defendant (that’s the person you’re trying to sue) will point out the passage of the deadline in a motion to dismiss, and any Indiana court will almost certainly grant the dismissal.

Complete loss consequences include:

• No recovery for medical expenses
• Loss of wage compensation
• Forfeiture of pain and suffering damages
• Inability to hold negligent parties accountable

Courts usually don’t change or extend deadlines for an Indiana personal injury claim.

Why Indiana Motorcycle Accidents Require Immediate Action

Evidence Deterioration: Critical evidence disappears quickly after motorcycle accidents:

• Skid marks fade from weather exposure
• Surveillance footage gets deleted automatically
• Witness memories become less reliable
• Vehicle damage gets repaired

Indiana’s Unique Risks: Marion County (Indianapolis) had the highest number of motorcyclists involved in incidents (359), followed by Allen County (201) and Lake County (160). Urban areas see frequent crashes, while rural accidents tend to be more deadly, possibly due to higher speeds and delayed emergency response times.

Common Contributing Factors: In multi-vehicle collisions in 2020, 57.3 percent of the parties at fault weren’t the motorcyclists but the drivers of other vehicles that crashed with the motorcycle.

Protecting Your Rights

Immediate Actions After a Motorcycle Accident:

1. Seek Medical Attention: Document injuries immediately
2. Call Police: Ensure official crash report creation
3. Document Scene: Photos, witness information, road conditions
4. Report to Insurance: But don’t rely on settlement discussions to protect deadlines

Legal Consultation: While two years may seem like a long time to file a car accident claim, plaintiffs shouldn’t hesitate. Gathering evidence to prove both negligence and damages can be a time-consuming task.

An experienced motorcycle accident attorney can:

• Determine your specific filing deadline
• Identify applicable exceptions
• Preserve crucial evidence before it disappears
• Handle complex Indiana procedural requirements

Common Deadline Mistakes

Insurance Settlement Misconceptions: Many victims wrongly believe settlement negotiations pause the statute of limitations. From a strategic standpoint, it’s always a good idea to leave yourself plenty of time to file a lawsuit, even if you think your case will be resolved through a car insurance settlement.

Self-Representation Risks: Qualifying for these exceptions can be difficult. You need an experienced personal injury lawyer who can explain the situation to the court and show why you must file after the statute of limitations.

Indiana’s Comparative Negligence Impact

Indiana Code sections 34-51-2-5 and 34-51-2-6 say that, in a personal injury lawsuit, you can recover against any other at-fault party, but your damages (your financial recovery) will be reduced by a percentage that corresponds to your share of liability. This makes acting quickly even more important to preserve maximum compensation rights.

The Alarming Reality: Time is Running Out

From 2019 to 2022, the number of motorcycle fatalities in the state increased by 18 percent. The year 2022 was particularly devastating for Indiana’s motorcycle community, with 126 fatalities reported across the state.

With such tragic statistics, ensuring your legal rights remain protected becomes critical. Riders only have two years to file a claim for Indiana motorcycle accidents due to the statute of limitations.

How Kaushal Law Can Help

Under the Indiana statute of limitations, adhering to the timeline for filing a lawsuit is a matter of utmost importance. Filing within the two-year window ensures that your right to legal recourse remains intact.

Contact an experienced motorcycle accident attorney immediately after your motorcycle accident. The consultation is typically free, but protecting your rights under Indiana’s strict two-year deadline is priceless.

Remember: Indiana courts strictly enforce the two-year statute of limitations. Once this deadline passes, even the most compelling case becomes worthless. Don’t let arbitrary time limits destroy your opportunity for justice and the compensation you deserve.

For more information about motorcycle accident claims and other personal injury matters, visit our wrongful death and car accident practice areas.