When determining liability in Indianapolis motorcycle accidents, an attorney may have to determine whether there was contributory negligence or comparative negligence. Due to the fact that Indiana is not a contributory negligence state the defense would use comparative fault showing that the person is partially to blame for their actions. For more information, reach out to a distinguished motorbike attorney today.
Suing a Government Agency
It is difficult to sue a government agency because comparative fault does not apply to them but contributory negligence does. The government defendant would have to show that the motorcyclist was one percent at fault, which is easy to show for anyone in an accident. From a legal standpoint, contributory negligence is a moot point in Indiana. That does not mean that the adjusters assigned to the claim or the jury are not going to in part blame someone for contributing to their own demise or to their own injuries.
Some jurors believe that even from a legal perspective if they were not wrong under the eyes of the law, they may give lower verdicts or no verdicts. Based on the fact that they were on a motorcycle and took the risk, they contributed to their own demise. There are adjusters that tend to blame the person for not wearing a helmet like they would for a person not wearing a seatbelt in a car.
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When determining liability in Indianapolis motorcycle accidents, comparative negligence means that a person may not recover money damages for the percentage of fault they are. For example, if a claim is worth a certain value and if it is determined by the evidence that the motorcyclist is 10% at fault, they only recover 90% of their claim for damages. If they are 40% at fault, they would only be able to recover 60% of their damages. In Indiana, if the evidence determines that the individual is 51% or more at fault, regardless of their injury they get nothing.
That is why it is important to retain a capable motorcycle injury lawyer who rides, knows the ropes, knows motorcycles, and knows motorcycle injury law. They are going to anticipate the defenses propounded by the insurance company, claims adjuster, and defense lawyer, because there may still be a substantial claim for the motorcyclist that has a significant injury even if they are at fault. It is the lawyer’s obligation and duty to attempt to make sure that their client, the injured motorcyclist, is not assessed with more than 50% at fault.
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Handling the Dynamics of a Case
A motorcycle accident lawyer in Indianapolis, IN, considers the various dynamics of a case when determining liability by reviewing the initial investigation, identifying the potential defendants, gathering the initial medical documentation, and investigating the potential insurance companies and other parties. They also look at what a person did based on the complexity of the situation, like whether or not there was significant injury or death.
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Determining liability in Indianapolis motorcycle accidents could also include retaining an accident reconstruction expert experienced in handling motorcycle cases and determining whether or not motorcyclist voluntarily laid their bike down. It is not a proper thing to do, but in split-second decisions and to save a life sometimes it is done. Attorneys need to weigh all of the evidence completely, do their homework, and be diligent.
They should not assume that the evidence may clearly point to the defendant, because there may be an automatic anti-settlement against the motorcyclist. They need to double-check the facts to protect their motorcycle rider client.