Understanding Indiana’s Fault-Based System for Car Accidents
When a car accident occurs in Indiana, determining who is at fault plays a critical role in how victims recover compensation for their injuries and damages. Indiana follows a fault-based, or “tort,” system, meaning the party responsible for causing the accident is liable for the resulting damages, but the burden of proving that liability falls on the victim of the crash Understanding how liability is determined and how Indiana’s comparative fault laws impact compensation can help accident victims protect their rights and maximize their recovery. If you or a loved one has been injured in a crash in Indiana, contact Lee Cossell & Feagley, LLP, to speak with one of our experienced and dedicated Indianapolis auto accident attorneys.
Establishing Liability After a Car Accident in Indiana
To hold a negligent driver accountable after a crash, the injured party must prove that the other driver was at fault. This process typically involves establishing the four essential elements of negligence:
- Duty of Care – Every driver on Indiana roads has a duty to operate their vehicle safely with reasonable care and follow traffic laws to avoid causing harm to others.
- Breach of Duty – The at-fault driver must have violated their duty of care, such as by speeding, running a red light, driving under the influence, or engaging in distracted driving.
- Causation – The injured party must demonstrate that the at-fault driver’s negligence directly caused the accident and the resulting injuries.
- Damages – Finally, the injured party must show that they suffered actual damages, such as medical expenses, lost wages, property damage, and pain and suffering.
Evidence such as police reports, witness statements, traffic camera footage, and expert testimony can help establish fault and strengthen a personal injury claim.
Indiana’s Comparative Fault Laws and Their Impact on Compensation
When it comes to assigning liability for negligence after a crash, Indiana follows a modified comparative fault rule, which can impact an injured party’s ability to recover damages. Under Indiana Code § 34-51-2-5, an injured party may seek compensation as long as they are less than 51% at fault for the accident. However, their compensation will be reduced by their percentage of fault.
For example:
- If an accident victim is awarded $100,000 in damages but is found to be 20% at fault, their compensation will be reduced by 20%, leaving them with $80,000.
- If the injured party is 51% or more at fault, they are barred from recovering any compensation.
Insurance companies often use comparative fault laws to minimize payouts. They may attempt to assign more blame to the injured party to reduce or deny their claim. This is why working with an experienced personal injury attorney is crucial to ensuring fault is properly assigned and victims receive the compensation they deserve.
Seeking Compensation After an Indiana Car Accident
Victims of car accidents in Indiana have several options for recovering compensation, including:
- Filing a claim with the at-fault driver’s insurance company
- Pursuing a personal injury lawsuit against the at-fault driver
- Seeking coverage through their own uninsured/underinsured motorist (UM/UIM) policy if the at-fault driver lacks sufficient insurance
Indiana has a two-year statute of limitations for personal injury claims arising from car accidents. This means victims generally have two years from the date of the accident to file a lawsuit. Failing to meet this deadline can result in losing the right to pursue compensation. This general rule has its share of exceptions and restrictions, so be sure to contact an attorney as soon as possible to preserve your right to file a claim.
Contact an Experienced Indianapolis Car Accident Lawyer
If you or a loved one has been injured in a car accident in Indiana, the attorneys at Lee Cossell & Feagley, LLP can help. Our experienced legal team will investigate your case, gather evidence, and fight to hold negligent drivers accountable. We understand Indiana’s fault-based system and comparative fault laws and will work tirelessly to maximize your compensation.
Contact us today for a free consultation to discuss your case and learn how we can help you recover the compensation you deserve.
