Indiana follows a modified comparative fault rule. Under this rule, you can still be eligible for compensation after a car accident if you are 50 percent or less at fault for the crash. Determining who is at fault in a car accident and the percentages of fault can be challenging. However, the law allows someone partially at fault in a car accident to fight for what they deserve. An Indiana car accident lawyer can help you determine if you are eligible to recover any compensation.
How Do You Determine Who Is at Fault in an Indiana Car Accident?
Auto insurance companies and attorneys will initiate investigations into a car crash to determine what happened. The data they analyze to determine who was at fault is key. The information can include the following:
- Police reports — The officers who respond to the accident will prepare a report, including whether any party received a traffic citation.
- Eyewitness testimony — People who saw the accident and provided a statement may help determine who was at fault.
- Camera footage — Dashcams and traffic cameras can help clarify the circumstances that led to the crash.
- Accident reconstruction experts — Sometimes, an expert must analyze and reconstruct the scene to determine negligence.
All of this data is critical to consider when determining who was at fault in a car accident. The more data your car accident attorney can gather showing someone else was at fault, the stronger your claim can be.
What Are Examples of Accidents Where Both Drivers Share Fault?
Many accidents have some level of shared fault, even if one party has only a small fraction of it. Some common scenarios include the following:
- Rear-end collisions — The driver at the back usually holds the entirety of the fault in this collision. However, if the driver in front stopped suddenly and without warning, they may share fault.
- Left-turn accidents — When a driver does not yield when making a left turn, they are likely at fault. If the other driver ran a red light or exceeded the speed limit, they may share responsibility.
- Multi-vehicle pileups — When multiple cars are involved in an accident, the fault usually lies with more than one of the drivers, often for following too closely or being distracted.
- Lane-change crashes — Sometimes, two drivers might try to change lanes at the same time without noticing each other, resulting in a crash.
The determination of who caused the accident is often confusing and frustrating. However, if you’ve been in a situation where you believe you might share fault, it doesn’t mean you aren’t eligible to seek compensation.
What Is Indiana’s Statute of Limitations for Car Accident Claims?
Under Indiana law, you have two years from the date of your injuries in a car accident to file a personal injury lawsuit. However, the statute has exceptions. For instance, if the accident involved a government vehicle, you may have less time to file your claim. On the other hand, you may have more time to file your claim if you are a minor or legally incapacitated person.
It is important not to wait too long to take legal action. It’s best to seek legal counsel immediately and have an experienced attorney advise you on what timeline applies to your case.
What Damages Can You Seek Following an Indiana Car Accident?
After an accident, you will want to know what kind of compensation you are entitled to pursue. In Indiana, you can seek compensation for the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Scarring
- Disfigurement
- Property damage, such as vehicle repair/replacement.
If you are partially at fault for the accident, your compensation amount can be reduced by your percentage of fault. For instance, if you are awarded $100,000 total compensation, and you are found to be 20 percent at fault, you would receive $80,000 after the reduction for your responsibility in the accident.
What Happens If the Other Driver Does Not Have Insurance?
Although every driver is required to have insurance, plenty of drivers across Indiana cause accidents without insurance. When drivers without auto insurance cause crashes, it makes recovering compensation more challenging. Still, you have options.
Your first option is uninsured/underinsured motorist (UM/UIM) coverage. This coverage is a rider you might have on your insurance. It can cover medical expenses and other losses when the other driver lacks insurance.
You can also file a personal injury lawsuit against the at-fault driver directly. However, drivers without insurance generally can’t afford the monthly bill. So, those drivers likely have limited assets, making recovering compensation difficult.
One last option is to look for any other possible liable parties. For instance, the employer might hold some responsibility if the driver was working during the accident. If a defect in the vehicle led to the crash, the vehicle manufacturer could bear some fault.
If you’ve been involved in an accident with an uninsured motorist, speak to a personal injury lawyer to learn your options.
Contact an Indiana Car Accident Lawyer
Suppose you’ve been in a car wreck and believe you’re partially at fault. In that case, an experienced Indiana car accident lawyer can help you determine if Indiana’s comparative fault laws apply to your car accident lawsuit. At Truitt Law Offices, we have the extensive knowledge to fight for you. We can offer you:
- Over 40 years of experience handling personal injury and auto accident cases
- A track record of obtaining maximum compensation for clients
- Insider knowledge of insurance company defense strategies
- 100+ five-star reviews from satisfied clients.
Don’t wait until it’s too late to file a claim for your car accident. Contact us today for a free consultation and discover your legal options. You will pay nothing unless we obtain compensation in your case.
