Indiana Shared Fault Laws for Motorcyclists

  • November 21, 2019

Motorcyclists who endure devastating injuries in a collision with a motor vehicle of any kind may be hesitant to file a lawsuit if they are partly to blame for the cause of the accident. But in Indiana, sharing fault does not mean that you are not entitled to compensation for your suffering. 

Unlike states that practice pure contributory fault, which prevents bikers and other individuals who may have contributed to their accident from being awarded an injury settlement, Indiana is a modified comparative negligence state. We go into greater detail below about what it means to live in a modified comparative fault state and how your civil lawsuit might be impacted if you have played a part in the cause of your accident in Indiana.

Modified Comparative Negligence in Indiana

Motorcycle accident survivors can be partly to blame for their accidents and/or injuries in several different ways. Some examples could include:

  • Speeding
  • Failure to use a turn signal
  • Following too closely
  • Ignoring traffic laws
  • Drunk driving
  • Weaving in and out of traffic
  • Failure to wear a safety belt

These are just a couple of ways bikers could be responsible for an accident. Fortunately, Indiana is a modified comparative fault state, which means you can still be awarded compensation for all you have been through. With that being said, there are limits to the amount of fault you can carry, and if you exceed 50 percent of liability, you may lose your chance to obtain full compensation. 

What This Could Mean for Your Motorcycle Accident Claim

In most cases, the judge presiding over your civil lawsuit will determine how much fault you are responsible for. If you were driving 10 mph over the speed limit, for example, you might be found 20 percent at fault for the accident. Then, once your percentage of blame has been established, any amount that you are awarded in your claim will then be reduced by your percentage of fault.

Let’s say you were awarded $100,000 for your losses, and were 20 percent at fault. Your $100,000 award would be reduced by 20 percent, and your case would be resolved at a final injury settlement of $80,000.

If you have concerns regarding how much fault you might carry, your best option may be to consult with an Indianapolis car accident attorney or a motorcycle accident lawyer in your area to learn more about how your lawsuit could be impacted by Indiana’s modified comparative fault laws.

Why New York City is Dangerous for Drivers and Bikers

  • September 7, 2019

New York City is one of the most wonderful places to live in the world, but it is also one of the smallest and most congested cities in the U.S. Car accidents in New York are not uncommon, and this is, in part, due to the fact that the drivers in NYC aren’t doing their part to keep the roads safe. 

We have described some of the ways drivers are negligent while traveling around New York City below in the hopes of preventing as many accidents as possible while opening the driver’s eyes to some of the unsafe driving practices they may be engaging in.  

Drunk Driving

Arguably the number one cause of motor vehicle accidents is drunk driving. If you thought that New York residents being able to walk or take the Subway when they are intoxicated would stop accidents from occurring, you couldn’t be more wrong. 

Operating a vehicle while under the influence of drugs or alcohol still causes a significant number of serious injuries and fatalities every year. If you hope to do your part to prevent collisions, do yourself a favor and don’t get behind the wheel or on the bike after you’ve had one too many, or are even “just a little tipsy”.

Drowsy Driving

Driving while fatigued isn’t as common as drunk driving, but it still happens often enough to be a cause for concern. When someone drives while too tired to do so safely, they can cause serious damage to not only themselves, but anyone who might come into contact with them. 

Most drowsy driving accidents result in a single-car crash, but even this could have been prevented if the driver hadn’t tried to drive while drowsy.

Distracted Driving

When cell phones became wildly popular in the early 2000s, the number of car accidents did as well. In 2019, 48 states have laws against texting while driving due to the number of deaths and injuries that have been caused by distracted driving. 

Drivers aren’t only being distracted by their cell phones though. Fiddling with the radio station or navigation system, reaching for a beverage, and even the passengers can easily distract a driver from where their attention should be. 

Aggressive Driving

It’s safe to say that aggressive driving is the number one reason why New York City is dangerous for drivers. The amount of traffic and congestion on the roads is one thing, but drivers across NYC are becoming more and more aggressive. 

Tailgating, speeding, running red lights and stop signs, changing lanes without using a turn signal and road rage are all significant contributors to the cause of accidents in New York. As tough as it might be when you just want to get home after a long work day, by remaining calm, you may be able to contribute to a decrease in the number of accidents caused by aggressive driving. 

How Valuable Is Your Life?

  • August 23, 2019

Understanding How Much You’re Entitled To

Though the primary focus of “Look Twice” is to ultimately save the lives of as many motorcyclists, travelers, and passengers as possible, we also want to encourage as many injury victims and families of fatal accident victims to have access to the information they need to take action against the parties who are responsible for causing these accidents. 

With this in mind, it is important to consider what happens in the aftermath of an accident, how the claims process works if you pursue civil action, and what goes into calculating a personal injury settlement so that you can be more aware of what is to come while you and your family are still recovering from what has happened to you.

How are Claims Calculated?

Claims are calculated by taking into consideration all of the various ways your life has been impacted by the motorcycle or motor vehicle accident you were involved in. Many injury victims understand that they are entitled to seek repayment for their medical bills and the costs of repairing their vehicles, but are not aware of the other types of losses they can recoup.

For instance, injury victims can obtain compensation for things like diminished quality of life, loss of companionship and love, lost wages, damage to earning capacity, pain and suffering, emotional distress, loss of household services, and more. 

For families of someone who has passed away due to their injuries, a wrongful death claim can be sought and, depending on where you live in the US, you could be entitled to all of the aforementioned losses, as well as funeral and burial costs, loss of inheritance, loss of society and guidance, and several other types of losses.

It is important to keep in mind that the types of losses you can seek will vary based on each state, but this article should give you a better idea of some of the losses you will discuss with your attorney, should you choose to work with one, to ensure that you are maximizing your settlement.

Once your lawyer has been informed of all of your losses and the impact they’ve had on your life, all that needs to be done is for these losses to be given a monetary value if they don’t already have one, and then added up to give you a total value of your losses. 

This page has been provided for informational purposes only and should not be considered legal advice. Speak with an attorney if you need more personalized information.