In the state of Indiana, liability laws are implemented that hold each driver responsible for his or her involvement in a car accident in Indiana. These are also sometimes referred to as fault laws, and they determine how a driver’s “fault” is decided in an accident. If you have been involved in a serious accident in which you were partially at fault, an Indiana car accident lawyer may be able to help you file a personal injury claim.
Insurance companies are obligated to pay damages, whether property or bodily injury, after an accident. If an insurance company does not pay the amount you are entitled to, you have the option of filing a lawsuit.
Comparative Fault and Blame After an Accident in Indiana
Indiana falls under the list of “fault states.” If a driver is found to be at fault, his or her auto insurance company must cover the damages of the other driver and vehicle.
A driver will be responsible for paying damages based on the percentage of fault in an accident. Liability is determined by evidence, investigations and witness statements. Either a judge or jury determines the percentage of fault assigned to each party.
Different states follow different laws regarding fault and negligence. Indiana follows a comparative negligence – 51% rule. Comparative negligence allows you to recover damages if you are partially responsible for the accident, as long as you are 50% or less responsible. If the percentage of fault assigned to you in the court reaches or surpasses 51%, you will not be allowed to recover damages.
Consequently, if you were entitled to $20,000 and was found to be 50% at fault, you would be entitled to receive $10,000.
Taking Action with an Indiana Car Accident Lawyer
If you have been involved in an accident in Indiana you should hire an Indiana car accident lawyer to help you build your case. Having a lawyer on your side will ensure that your claim will be well supported.
An experienced Indiana car accident lawyer is up to date on Indiana’s latest laws and has a vast case history to draw upon. He or she will be able to answer any questions you have and clear up confusion. Having a lawyer helping you will also alleviate some of the stress and chaos for you and your loved ones at this overwhelming time.