Indiana is a fault-based state for motorcycle accidents. If you were involved in a collision, the court will take into account your portion of fault for what happened. Per IC § 35-51-2-6, Indiana’s contributory fault laws can affect how much you can recover.
If you’re concerned about your portion of fault for an accident, you have legal options. A motorcycle accident lawyer can evaluate your collision and counteract allegations of fault. Successfully doing so can allow you to seek compensation.
What to Know About Indiana’s Fault-Based System for Motorcycle Collisions
Consider this scenario to understand how Indiana views fault:
- You were riding your motorcycle on I-65.
- A speeding motorist struck you from behind, ejecting you from the bike.
- You suffered serious injuries that required intensive medical care.
- Since the other driver caused your accident, their insurer should pay for your losses.
This is different than how a claim would unfold in a no-fault state. In these states, you generally file a claim with your own insurer following a collision—regardless of who caused it. Yet, this is not an option for motorists in Indiana. They usually file claims with the at-fault party’s insurer to recoup their losses.
Every Motorist in Indiana Must Carry Liability Insurance
Per the Indiana Department of Insurance, every motorist must carry at least:
- $25,000 for one person’s bodily injuries in a collision
- $50,000 for two people’s injuries in a crash
- $25,000 for the destruction of property
This gives you financial recovery options in the event of a collision. However, these minimums may not fully account for your losses. In that case, you could file a claim with your own uninsured/underinsured motorist protection coverage. You could also file a lawsuit against the at-fault driver.
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Proving Fault Requires Proving Negligence
Fault for your accident could be obvious. Yet, to recover damages, you must prove the other party’s negligence. Using evidence, you must demonstrate:
Duty of Care
First and foremost, you will need to demonstrate that the at-fault driver had a duty to drive safely. All motorists have an obligation to drive with reasonable care. So, duty of care is generally simple to prove.
Breach of Duty
When a driver acts in an unsafe manner, they have breached their duty of care. Texting while driving, changing lanes without looking, or tailgating another vehicle all breach one’s duty of care. You and your motorcycle accident lawyer must show that the at-fault party failed to drive safely.
The driver’s breach of duty must be the cause of the accident that harmed you. An accident lawyer can illustrate that without the other driver’s careless act, the motorcycle accident would not have happened.
The final piece of the puzzle will be proving that you suffered economic or non-economic damages as a result of the accident. These damages can include healthcare costs, lost income, and more.
What Damages Can You Recover After a Motorcycle Accident in Indiana?
The damages you can recover after a motorcycle crash in Indiana depend on your situation. They include:
- Medical bills
- Lost income, tips, and bonuses
- Promotions, healthcare coverage, and retirement benefits
- Pain and suffering
- Mental trauma
- Wrongful death-related expenses
- Property damage costs
Your compensable losses may extend beyond those listed here. How much you can recover depends on your condition’s severity, accident’s cause, and portion of fault.
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Proving Fault Can Get Difficult in an Indiana Motorcycle Accident Claim
Even after asserting the other party’s negligence, proving fault can get difficult. Here’s why:
- The insurer may not want to pay your claim. Even if the other motorist readily admits fault, their insurer may deny liability. Insurance companies want to avoid paying injured people compensation since this cuts into their profit margins.
- The other party may refute liability. The other party may have an ulterior motive for denying fault and liability. For instance, they may fear being charged with a moving violation or losing their license. They may also fear that their insurance premiums will increase.
When you partner with an injury lawyer, they will establish the other party’s financial liability using evidence. Additionally, they can file your claim, calculate your losses, and negotiate a settlement. In the meantime, you only have to focus on recovering from your condition.
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Sevenish Law Firm, P.C. Can File Your Injury Claim in Indiana
If you were injured in a motorcycle accident in Indiana, Sevenish Law Firm, P.C. can manage your case. As noted, Indiana is an at-fault state. This requires you to show another party’s negligence to recover damages. We can establish your case’s required elements and push for a fair resolution.
Our lead attorney, Randall Sevenish, is a lifelong motorcyclist. He understands the dangers riders face on the roads, and he takes each injury claim personally. To begin your free case review with our team, call today.
Call or text 317-636-7777 or complete a Free Case Evaluation form