When it comes to determining who is at-fault for your motorcycle accident, the first factor that matters is the state in which the accident took place. There are both “at-fault” and “no-fault” states, so depending on which state your accident was in will influence who is held accountable for the losses and damages incurred because of the accident. Some states hold no one accountable, some states put the responsibility on one person or the other, and some states use a formula that considers how much each individual contributed to the accident.
If you are a recent victim of a motorcycle accident that caused you serious injury, it is in your best interest to consult with an experienced personal injury lawyer for help understanding your state’s laws surrounding tort law, liability, and more. In the meantime, continue reading to learn some additional information about motorcycle accident claims and liability.
Motorcycle Accidents in No-Fault States
If you were involved in motorcycle accident in no-fault state, such as Florida, Michigan, New Jersey, New York, or Pennsylvania, it is likely that your damages and losses will be compensated for by your own insurance company. If the compensation is not enough, you can file a claim to recover more. For this reason, it is important to obtain sufficient insurance if you live in such a state. Your policy should cover injuries, medical expenses, and bike damage.
Motorcycle Accidents in At-Fault States
The process is different in at-fault states because motorcycle victims file accident claims with the at-fault person’s insurance company, rather than their own. Although, if the at-fault person does not have enough insurance coverage, you can make an underinsured claim through your own motorcycle insurance carrier. The degree of fault is taken into consideration when deciding how much compensation will be awarded to the victim. This is called comparative fault. Indiana is an “at-fault” state where the injured person can recover for their damages so long as they are not more than 50% at-fault. For example, if the jury says the defendant is 60% at fault and the plaintiff is 40% at fault, the plaintiff wins but their total verdict is reduced by their own percentage of fault which was 40%.
What You Should Do as a Motorbike Accident Victim in Indiana
Speak with an experienced motorcycle accident attorney in Indianapolis to decide the best strategy for filing a personal injury claim in the state your accident took place. If you are a resident of Indiana and you are injured in another state, contact our law office and we will work with another attorney in the state you were injured in to help you receive full and fair compensation. You will not pay higher attorney fees for having attorneys in two different states. Even if the accident was not recent, you may still be able to file a claim against an at-fault party if the statutes of limitations has not yet run out.
Are you looking for skilled personal injury attorney to represent your recent bike accident case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned motorcycle accident attorney in Indianapolis, Indiana who can recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.