Even if you bear some responsibility for an accident, you may still recover compensation for your injuries and damages
Most people are involved in a car crash or traffic incident at some point in their lives, and, if you find yourself facing the aftermath of a crash, it is important to understand the specific laws in your state. Indiana’s accident liability laws allow you to recover partial damages if you are partially at fault, and Indianapolis car accident attorneys are trained to help you obtain these damages.
The 50% Comparative Fault Rule
In 2011, 188,132 traffic collisions resulted in injuries or property damage in Indiana. Indiana follows a 50 percent comparative fault rule when determining who is liable in an accident. All parties must be identified, including non-parties that are not being sued. Next, a judge or jury examines the accident and assesses a percentage of fault to each party, with all percentages adding up to 100 percent. If the court finds that you are 50 percent or more at fault, you cannot recover any damages. If you are less than 50 percent at fault, you will receive the full compensation, minus your percentage of fault. For example, if your damages are worth $100,000 and a judge or jury found you to be 20 percent at fault, you can receive $80,000 in damages. In Indiana, the at-fault driver’s insurance company — not your own — pays the damages you receive.
An experienced Indianapolis auto accident attorney can help you through the process of filing a personal injury lawsuit, which can be stressful and emotionally burdensome if you are already dealing with an injury. It’s not unusual to learn in defendant driver’s affirmative defenses, that you are being blamed for the accident. Your experienced accident lawyer will investigate the accusations. The investigating officer may be interviewed, photos requested and in some cases, expert witnesses may be called to testify.
Call Charlie Ward at Ward & Ward Law Firm for a free consultation about your legal options.
By Charlie Ward