As a motorcycle passenger, you trust the operator with your safety. But who is responsible for your damages when an accident occurs? Understanding Indiana laws is crucial in protecting your rights to seek compensation for your medical bills and lost wages.
Determining who is at fault
In Indiana, the person responsible for the accident is liable for your damages. This could be the driver of another vehicle or the operator of the motorcycle you were on. However, you can also be liable for your losses if you exhibited negligence through these behaviors:
- Pressing the motorcycle’s accelerator
- Distracting the operator
- Blocking the operator’s view
- Allowing the operator to drive while impaired
Insurers can argue that you interfered with the bike’s operation, claiming that you bear a higher percentage of fault. Since Indiana follows a modified comparative negligence system, the law bars you from receiving compensation if your fault exceeds 50%.
Navigating the Indiana Guest Statute
While you have the right to sue the motorcycle operator, the Indiana Guest Statute limits your ability to do so. Under this law, you cannot sue the operator if you are their close family member or a hitchhiker, being transported without payment. To successfully file a claim, you need to prove they engaged in wanton or willful misconduct.
However, if the operator is a friend, colleague or distant relative, you can file a lawsuit for simple negligence.
Essential steps for your protection
When you are involved in an accident, it is crucial for you to do these steps:
- Seek immediate medical attention.
- Document the scene.
- File a formal police report.
Because insurance companies try to minimize payouts for passengers, handling your personal injury claim can be complex. Most importantly, you need to take action since you generally have two years from the date of the accident to file a claim for your damages. Seeking legal counsel can be a helpful resource for learning more about how to protect your rights.
