When an automobile accident occurs in Indiana, the at-fault party must pay for the injuries caused. This person is typically, but not every time, one of the drivers involved. This is why liability can be fiercely argued, even when it seems evident. The insurance companies have a strong motive to interpret the evidence in a way that lowers their expenses and, in turn, lowers the injured party’s payout.
You should be aware of your rights for this reason, among others. You should also engage knowledgeable legal counsel. An experienced Indianapolis truck car lawyer can look into your accident and determine what happened and who was at fault. Continue reading to know how fault is determined in Indiana car accidents.
Who is responsible for a car accident in Indianapolis?
Indiana is a fault-based state. It is a fault-based state where you may make an insurance claim against the reckless driver’s coverage. Therefore, if you were to blame for the collision, the other driver would claim compensation from your insurance provider. Knowing who was negligent in an Indiana car accident is crucial because it will enable you to estimate the damage.
Indiana does not have no-fault statutes. You may claim the motor insurance policy of the driver at fault. On the other hand, the other driver or victims can launch a claim with your insurance adjuster if you were the one who caused the crash.
Proving liability in a car accident
The police often determine the cause of a car accident and assign blame per their findings. However, in cases of comparative fault, the amount granted is scaled back according to your level of responsibility for the accident. Lawyers refer to this as “reducing the award.”
In some situations, the driver of the car that collided with the other vehicle may be partially to blame for failing to cede the right-of-way. Additionally, the driver might have been using drugs or driving too fast. In some circumstances, the individual who triggered the collision may be held entirely responsible for the harm.
The 51% rule or modified comparative negligence
Indiana uses the modified comparative negligence legal doctrine. The “51% fault” technique, which requires that the plaintiff bear less than 51% of the blame for the incident, is the legal standard for filing an injury claim. Courts minimize the recovery according to how much each party contributed to the negligence. You cannot recover compensation from the other driver if you are accountable for more than 50% of the losses.
Both participants are subject to the 50/50 rule in an Indiana car accident. It doesn’t matter how much responsibility either side bears if one person’s negligence results in another’s injury. Both parties are equally responsible for the damages they brought on through their negligent actions.
Should I hire a lawyer for a mishap I didn’t cause?
If you were hurt, the answer is clearly “yes.” Remember that even if you believe someone else caused the accident, this may not be true. Your lawyer can conduct an investigation, gather proof that the other motorist or other party was to blame, and then hold them responsible for the harm they caused.