Establishing fault is one of the most important elements of your motorcycle accident claim. In fact, for many people, the only way they can recover compensation for their damages is by proving that someone else’s negligence caused their injuries.
There are multiple parties who could share fault for your motorcycle accident injuries, such as negligent drivers, dram shops, and other third parties. Indiana’s comparative negligence laws could also have on your case.
The Importance of Establishing Fault
To pursue insurance or tort claims for your motorcycle accident in Indiana, your attorney will need to be able to show that someone else’s negligence or misconduct was the cause of your injuries.
For motorcycle accident claims, there are several parties who are more commonly found liable than others. These include negligent drivers, drama shops, and other third parties. Here is more about how these parties could be culpable for your Indiana motorcycle accident injuries.
The vast majority of motorcycle accidents in Indiana are caused by negligent driving. This can include a wide variety of different types of unsafe driving. Some types of negligent driving can include:
- Impaired driving – Any driver who is under the influence of drugs or alcohol at the time of their accident may be found liable for your injuries due to reckless driving.
- Distracted driving – Distracted driving can take many forms, some of which might include adjusting the music, texting while driving, using social media, otherwise using an electronic device, other passengers, navigational systems, eating or drinking, and anything else that takes a driver’s attention away from the road.
- Driving while fatigued – Many motorcyclists have suffered devastating injuries when struck by drivers who fell asleep or dozed off at the wheel.
- Aggressive driving – Like distracted driving, aggressive driving can take many forms. Some of the more common types of aggressive driving you might see on the roadways include speeding, tailgating, road rage, failure to use a turn signal, failure to stop, failure to yield, making illegal turns, and more.
When a negligent driver is liable for your motorcycle accident injuries, you may be able to pursue legal action against them by filing claims with their auto insurance provider. You can also file a tort action against them in the Indiana civil court system.
You can find out more about which options may be most appropriate for your case when you speak with your Indiana motorcycle accident lawyer.
Another party often named liable in motorcycle accident lawsuits is a dram shop. Dram shops are establishments that sell or serve alcohol. This may include restaurants, bars, grocery stores, gas stations, and anywhere else that has the ability to sell or serve alcohol to consumers.
It is against Indiana Code section 7.1-5-10-15.5 for dram shops to sell or serve alcohol to people who are already under the influence of drugs or alcohol. When an establishment breaches this law and an impaired driver causes a devastating car accident, the dram shop can be held accountable for the victim’s injuries.
That is not to say that the drunk driver will not be named in your civil claim. However, pursuing claims against all parties who share fault for your injuries may be the best way to ensure that you can recover maximum compensation for your motorcycle accident injuries.
In addition to reckless drivers and dram shops, there are many other third parties who could share fault for your motorcycle accident injuries.
There are multiple ways motorcycle accidents can occur. For example, if your motorcycle accident was caused by defective parts, you might have a claim against any number of parties, such as:
- Motorcycle parts designers
- Motorcycle parts producers
- Motorcycle manufacturers
- Motorcycle dealerships
- Vehicle technicians
- Safety inspectors
You might also find yourself in a situation where the roads you were driving on were dangerous. If the roadways were hazardous, the government agency charged with maintaining the integrity of Indiana’s roadways could be found liable for your injuries.
Your motorcycle accident lawyer in Indiana will be responsible for thoroughly investigating the details of your case in order to uncover the truth.
For a free legal consultation, call 317-636-7777
Indiana Modified Comparative Negligence Laws
While discussing fault for motorcycle accidents in Indiana, it is important to discuss how the state’s shared fault system operates. Under Indiana Code IC 34-51-2, Indiana follows a modified comparative negligence system.
Here, if you are partially at fault for the injuries you sustained, you may still be able to recover compensation in your case, as long as your portion of fault does not exceed fifty percent. However, you should also keep in mind that your injury settlement will need to be reduced in proportion to your shared fault.
For example, suppose you were struck by a drunk driver. If the state produced evidence that you were speeding at the time of the accident, the judge may find you twenty percent liable for your injuries. Therefore, your injury settlement would then be reduced by twenty percent.
If you have questions or concerns surrounding how your Indiana motorcycle accident settlement will be affected by the state’s modified comparative negligence laws, be sure to contact your lawyer for more information.
Get Help from a Motorcycle Accident Attorney in Indiana
Attorney Randall Sevenish is the Lawyer Who Rides. He is a biker just like you and is here to help you get the most out of your claim. One of the most important responsibilities your attorney will have is establishing liability. When you need a trusted Indiana motorcycle accident lawyer you can count on, contact Sevenish Law Firm, P.C.
Our firm exclusively handles personal injury cases. Make sure you take advantage of your free, no-obligation consultation to find out how you can maximize your motorcycle accident injury settlement today. Get started on your case when you give our office a call at (317) 636-7777.