This form is a sample answer and defenses filed by the defendant in a personal injury action alleging that the defendant's faulty installation of stairs led to the injury and ultimate death of the plaintiff.
Indiana Answer and Defenses - Mobile Home Accident
State:
Multi-State
Control #:
US-PI-0187
Format:
Word;
Rich Text
Instant download
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How to fill out Answer And Defenses - Mobile Home Accident?
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FAQ
A charge of failing to stop (hit and run) is a Class A misdemeanor in Indiana. A conviction on a charge of hit and run can result in up to one year in jail and fines up to $5,000. If the other party is severely injured or even killed by the accident, you could be charged with a high-level felony.
In the event of an emergency, the emergency doctrine excuses a person from this reasonable care standard. For example, a driver crashing his or her car into another vehicle is usually considered unreasonable, as it is not an action that a normal, responsible person choose to take.
The sudden medical emergency defense needs to prove total unconsciousness. The defense is used under the pretense that the driver did not act out of negligence. Sudden and total loss of consciousness needs to be the main reason the driver lost control of the vehicle.
The Sudden Emergency Doctrine (?SED?) can excuse a party from what would otherwise be culpable conduct. The SED can even excuse negligence per se if the party proves she acted reasonably under the circumstances.
To take advantage of the ?sudden emergency doctrine,? a defendant must not have created or brought about the emergency through the defendant's own negligence, the danger confronting the defendant must appear so imminent as to leave no time for deliberation, and the defendant's apprehension of the danger must itself be ...
Sudden emergency is a defense that a defendant can use to escape liability. When the defendant invokes this defense, she must prove four elements: The defendant faced a situation that arose unexpectedly and suddenly. The defendant was not at fault for the situation.
No, Indiana is not ano-fault state for auto insurance. Indiana is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.
Insurance companies, lawyers, and juries will consider which motorist had the legal right-of-way when determining the cause of a crash. However, right-of-way isn't the only factor that establishes fault. Speeding, intoxication, and distracted driving may also determine who's at fault for an accident.