What Determines Who is Responsible After an Accident in Indianapolis?

October 9, 2023

Are you ready to enjoy Indianapolis as fall sets in? There are many beautiful sights to see and things to do around the Circle City in autumn.  

You could stroll around the Soldiers and Sailors’ Monument downtown or watch the Colts play or even catch a concert at Lucas Oil Stadium. No matter what your heart desires, there’s plenty to enjoy around the city in every season.  

While Indianapolis is a fairly safe city to explore, there’s always the risk of an accident happening while you’re exploring. Do you have a plan in place in case this happens to you? 

Our team sincerely hopes that you never need us, be we will be available should the circumstances ever arise. Contact the experienced Indianapolis personal injury lawyers at Hensley Legal Group and tell them the details of your case. You can easily get in touch with us by calling 317-472-3333, sending us a message through our online contact form, or even chatting with us on our website.  

Day or night, someone will be available to speak with you. Accessibility is important to us and we want to ensure we’re doing everything in our power to help you in the aftermath of your accident.  

Your personal injury lawyer will help prove you were not at fault for the accident

Indiana is an at-fault state. In a nutshell, this means that whoever caused the accident is responsible for covering the cost of damages.  

However, there really aren’t any solid rules that will help determine who is at fault. This is why it really pays off to hire an Indianapolis personal injury lawyer. They’ll rely on their experience and knowledge of the law to help prove that you weren’t to blame for the accident and shouldn’t have to pay.  

But this isn’t so cut and dry as it may seem at first glance.  

In many cases, particularly car accidents, each driver involved in the accident could be found to be a certain percentage at fault for the accident. Whoever is found to be more than 50 percent at fault for the accident will be the one who pays damages. 

For example, if a court determines that you are 49 percent to blame for the accident and the other party is 51 percent to blame, the other person will still have to pay. However, you will receive a significantly reduced payout in this situation than you would if the other party was determined to be 100 percent to blame. 

In order to prove that you weren’t at fault, your personal injury lawyer will gather specific documentation that proves the other party was largely or wholly responsible. This can be anything from police reports to medical records and even eyewitness testimonies if anyone saw the accident firsthand.  

In some cases, social media timestamps and cell phone records could be used if your lawyer suspects the other party was distracted by their phone at the time the accident occurred. Operating a cell phone or other mobile device with your hands while driving is illegal in the state of Indiana. If your lawyer can prove that the other party did this when the accident occurred, the odds of you winning your case go up significantly.  

Accidents involving more than one party can get complicated

In any personal injury case, you are not required to have a lawyer in order to pursue a claim. However, trust us when we say that it definitely helps improve your odds of winning your claim. Proving that the other party is to blame for the accident can be incredibly difficult, especially when there are multiple parties who could be at fault.  

There are several examples of situations like these, including but not limited to:  

• Crashes involving multiple cars  
• Crashes involving commercial trucks that are owned by a trucking company 
• Crashes involving vehicles owned by government agencies 

When multiple parties are responsible for the accident, they may still be held a specific percentage responsible. This impacts the dollar amount they will be required to pay. And as you can see, this situation can get complicated incredibly quickly.  

Hiring an Indianapolis personal injury lawyer is one of the best ways to receive the compensation you are owed.  

Let our team of experienced lawyers handle your case and answer your questions

Here at Hensley Legal Group, we have a thorough understanding of Indiana state law and will do everything we possibly can to maximize your chances of recovering damages as it pertains to your case.  

We don’t promise specific outcomes, but you can rest easy knowing that you’re in excellent hands when we handle your case. We always treat our customers with the utmost respect and care.  

We know how complicated the entire personal injury claims process can be and want to help you so you can focus on rest and recovering from your injuries.  

Get in touch with us today and let’s start talking about your case.