Determining fault in a car accident in Indiana is crucial for the involved parties, as it affects liability and compensation. Indiana follows a modified comparative negligence rule, which means that how fault is assessed can significantly impact the outcome of an insurance claim or lawsuit. Read on as we explore how fault is determined in Indiana car accidents, the implications of shared fault, and the steps you should take if you are involved in a car accident. If you or a loved one were hurt in a crash in Indiana, contact for help from a skilled and experienced Indianapolis personal injury attorney.
Understanding Fault in Indiana Car Accidents
In Indiana, fault in a car accident is determined by assessing the actions of each driver involved in the incident. The primary goal is to identify which party violated traffic laws, acted negligently, or otherwise contributed to the accident. Evidence such as police reports, witness statements, traffic camera footage, and accident scene photographs are crucial in this analysis.
Key factors that may determine fault include:
Violation of Traffic Laws: If a driver has violated traffic laws—for instance, running a red light, speeding, or illegal lane changes—this is often a significant indicator of fault.
Driver Negligence: This can include distracted driving (such as using a mobile phone while driving), driving under the influence of alcohol or drugs, and failing to adapt to weather or traffic conditions.
Vehicle Condition: Fault can also be influenced by the mechanical condition of a vehicle. For instance, if a car’s failed brakes lead to an accident, the vehicle’s owner might be held liable if it can be proven that they neglected proper maintenance.
Indiana’s Comparative Negligence Rule
Indiana applies the modified comparative negligence rule, which means that an injured party can recover damages only if their fault is less than 51%. If you are found to be 51% or more at fault, you are barred from recovering any damages from the other involved parties. Additionally, if you are found to be partially at fault but less than 51%, your compensation will be reduced by your percentage of fault.
For example, if it is determined that you are 30% at fault in a car accident and the total damages amount to $10,000, you would be eligible to receive $7,000 after the 30% reduction due to your shared fault.
Seeing as how comparative negligence can reduce your recovery or even bar it altogether, a crucial aspect of your injury claim can involve beating back allegations of negligence on your part while you are busy building a case against the other driver. Having a skilled and experienced car accident lawyer on your side is essential not just for proving the other driver’s fault but also for standing up to the insurance company when they claim your own negligence was at least partially to blame.
Steps to Take Following an Accident
Seek Medical Attention: Health should be your first priority. Even if you do not believe you were seriously hurt, some injuries, like whiplash or internal trauma, can take hours or days to manifest. Getting a thorough examination soon after the crash can help ensure that any hidden injuries are discovered and treated appropriately. Additionally, the sooner you start to receive medical care, the more likely you are to achieve a swift and full recovery.
Report the Accident: Contact the police to report the accident. A police report is sometimes vital for documenting the event and can be crucial in the fault determination process.
Document Everything: Take photographs of the accident scene, including all vehicles involved, any visible damages, road conditions, and any relevant street signs or signals. Also, collect the names and contact information of witnesses.
Notify Your Insurance: Inform your insurance company about the accident. Be factual about the details but avoid admitting fault or making statements that could be interpreted as such.
Consult a Personal Injury Attorney: Contacting a personal injury attorney can be crucial. An experienced lawyer can help navigate the complexities of your claim, advocate on your behalf, and ensure your rights are protected throughout the legal process. By contacting a lawyer right away, you’ll get the guidance and support you need to avoid making critical mistakes that could impact your ability to recover compensation from the other party.
Contact Lee Cossell & Feagley for Help After a Car Accident Injury in Indiana
Determining who is at fault in a car accident in Indiana involves a detailed examination of the circ*mstances surrounding the accident and a thorough understanding of Indiana’s comparative negligence rule. If you find yourself in such an unfortunate situation, taking the right steps immediately following the accident can be pivotal in securing the compensation you deserve.
At Lee Cossell & Feagley, LLP, our experienced personal injury attorneys understand the intricacies of Indiana accident law and are committed to helping you achieve the best possible outcome in your case. Call us today at 317-631-5151 for a free consultation to discuss your rights and options following a car accident in Indianapolis or beyond.
By Lee Cossell & Feagley, LLP | Posted on May 6, 2024
FAQs
Who is at fault for a car accident in Indiana? Broadly speaking, Indiana law says the driver whose negligence caused the accident is at fault. That means if someone was speeding, texting, drunk, or simply not paying attention, and their careless behavior caused the crash, then they are at fault.
Who determines the fault in an accident in Indiana? ›
If your case goes to court, a judge or jury will decide who is at fault. They will evaluate the evidence as discussed above, as well as expert opinions and documented damages. If both drivers are partially responsible for causing the accident, Indiana's modified comparative negligence law will come into play.
Who is usually at fault in a car crash? ›
With California being a pure comparative negligence state, both drivers will usually share the responsibility for a right-turn accident. However, if a driver who did not have the right of way made a right turn and rear-ended another vehicle, they may be 100% at fault.
Is Indiana a no-fault state for auto accidents? ›
Indiana is not a no-fault state. It is a fault state where you can file a claim against the negligent driver's insurance policy. So, if you were the one who caused the accident, the other driver would file a claim with your insurance company.
How much can someone sue for a car accident in Indiana? ›
Indiana does not place a cap on settlement amounts except those against a state or local government. The law caps those claims at $700,000 per person and $5 million per accident.
Who determines the cause of an accident? ›
Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. They may also ask you and the other driver questions about the collision to try to piece together a reliable narrative of what happened.
Who is at fault in a rear end collision in Indiana? ›
For instance, in a rear-end accident, the driver of the rear vehicle is presumed to be at fault. Likewise, a driver who hits a parked car is presumed to be at fault. But even in those scenarios, that presumption can be overcome.
How to know who is wrong in a car accident? ›
Obtaining a police report, gathering evidence, and speaking to witnesses are all fantastic ways to determine fault in a car accident. The sooner this information is gathered, the better to ensure information isn't being lost to time.
Can someone blame me for a car accident? ›
Unfortunately, even with all the evidence on your side, it's possible that the other driver may still try to blame you for the accident. If this happens, be prepared to fight for your innocence. This may involve going to court or working with your insurance company to dispute any claims against you.
Who will be held liable in case of a collision? ›
First, as we've explained, the general rule is that an at-fault driver who causes an accident through negligence or other blameworthy conduct will have a legal liability to the victims of a crash.
No, having an accident without insurance does not make you at fault in Indiana. According to the car accident laws in Indiana, the driver whose negligence caused the accident is at fault. That means if the crash was caused by a driver who was speeding, texting, inattentive, or drunk, then they are at fault.
How long do you have to report an accident in Indiana? ›
In Indiana, the law requires immediate reporting of an accident to law enforcement. This is not an issue for many drivers because they contact the police right away for emergency assistance. You or your insurance company must also report your insurance status to the Bureau of Motor Vehicles (BMV) within 10 days.
What happens if someone else is driving my car and gets in an accident in Indiana? ›
Indiana Car Accident Insurance Facts
As a rule of thumb, if someone else borrowed your car and ended up in an Indiana car accident, your insurance company will take over as long as they received oral permission from you to take your car.
How long after an accident can you sue for personal injury in Indiana? ›
Under Indiana law, you have a two-year window from the date of your accident to file a personal injury lawsuit. If this period lapses, your case risks dismissal.
What is the average settlement for a car accident in Indiana? ›
The average settlement for car accident claims in Indiana is $38,960. Your settlement will depend on the severity of your injuries, treatment costs, shared blame, and available insurance funds.
What is the statute of limitations on car accidents in Indiana? ›
Each state has a time limit to officially start an injury lawsuit in the civil court system, called the statute of limitations. In Indiana, the statute of limitations on car accident or personal injury claims is two years.
What happens if the person not at fault in an accident has no insurance in Indiana? ›
What Happens If Someone Else Causes an Accident and You Have No Insurance? Indiana has two statutes that codify the state's “No Pay, No Play” laws. These regulations prevent uninsured drivers from collecting full compensation even if someone else causes an accident.
Who is responsible for the accident? ›
Road accidents
On the road, everyone owes a duty of care to those around them. If someone disregards this and drives carelessly, they are responsible for the road traffic accident they cause.
Who is affected if main driver has an accident? ›
While named driver insurance can have benefits for both parties, the policyholder is more at risk. This is because is the named driver on your policy crashes the car, it will be under your name. So, if you have built up a no claims history of five years, and your named driver crashes, you will lose it if you claim.
What does an Indiana crash report look like? ›
This report is an official document that explains who was involved, as well as when and where the accident happened. It will include contact information for the drivers, passengers, and witnesses. It will also note whether there were any injuries and what they were.
