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 as a result 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 takes into account 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 surround tort law, liability, and more. In the meantime, continue reading to learn some additional information about motorcycle accident claims and liability.
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.
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. The degree of responsibility is taken into consideration when deciding how much compensation will be awarded to the victim. This is called “comparative fault” and there are 3 types: pure comparative fault, 51% comparative fault, and 50% comparative fault. Basically, a motorist must be less than 50 or 51% responsible to be awarded compensation for their losses.
Talk to an experienced car accident attorney to decide the best strategy for filing a personal injury claim in the state your accident took place. 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.
Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a motorcycle accident claim in Indianapolis, Indiana. Their seasoned accident lawyers specialize in car accident injury claims, and work around the clock to ensure you receive the full and fair compensation you deserve. Call 317-881-2700 to schedule a free initial consultation, today.
