Originally Posted by David2001VL
Well I don't see how the people might say that both parties are at fault. The other person did not have his lights on , so IMHO the truck driver was at fault for not operating his vehicle properly or impared . Had the lights been on - even tho the helmet had a smoked faceshield- he would have been visible. ................ GRRRRRRRRRR. stupid people annoy me . I'll shut up now.
Indiana traffic laws have always stated that if either party did anything
wrong, then both are automatically equally at fault. The rationale is that if one party or the other had been completely free of any contributing factors, then the accident *may* never have occured in the first place.
Because of this, Indiana has a large number of lawsuits between insurance companies looking to get out of paying claims due to situations such as this one.