After an accident results in serious injury, you may file an Indianapolis personal injury claim so that you can pursue damages for your injuries. In some cases, the fault of an accident can be attributed to multiple parties involved, including you; determination of fault will affect the amount of your potential Indianapolis personal injury compensation.
Your fault in an Indiana car accident will impact your claim. Personal injury claims with multiple parties at fault are trickier to deal with, and it would be beneficial for you to hire an Indianapolis personal injury attorney to help guide you along the way.
State Law Regarding Fault in an Indiana Car Accident
Indiana liability law holds each driver accountable for his or her role in the accident equation and assigns a percentage of fault to each driver. Each driver’s insurance is then responsible for paying damages according to that percentage. Indiana is referred to as a “fault state” because when a driver is attributed fault, his or her insurance must pay for the other driver’s damages before his or her own.
The Indiana Comparative Fault Act outlines the percentage system; it applies to all damages, both bodily injury and property. The percentage is determined by evidence from the accident, insurance investigators and witness statements.
Indiana follows the 51% Rule, which dictates that if a driver is found to be more than 50% at fault for the accident, then he or she may not collect any damages at all. This rule allows drivers to recover even if they are partially at fault in the Indiana car accident, as long as their percentage does not surpass 50%.
Note that your award will be reduced by your percentage of fault. So if you are found to be 10% at fault for an accident in which you suffered $100,000 worth of damages, you would only receive $90,000.
A Helping Hand from an Indianapolis Personal Injury Attorney
When you have complications with your personal injury claim, an Indianapolis personal injury attorney can help you to alleviate some of the stress and anxiety associated with filing a claim. In order to get back on track with your personal injury claim, download a copy of our FREE book, Consumer’s Guide for Injured Victims, and then contact a personal injury attorney at Hensley Legal Group for a no-cost consultation at (317) 472-3333.