Is Indiana an “at-Fault” State?
When you are involved in a car accident in Indiana, determining who is at fault is a crucial step in resolving the aftermath, including the handling of injury claims and damages. Different states approach the concept of fault differently when it comes to crashes: there are “no-fault” states, “fault” states, and various hybrids of the two. Indiana operates under a “fault” system, which impacts how insurance claims are processed and how damages are pursued in court. Below, we’ll explore what it means to be an at-fault state and how fault affects car accident claims in Indiana. If you or a family member has been hurt in a motor vehicle collision in Indiana, contact Lee Cossell & Feagley, LLP, to speak with an experienced and dedicated Indianapolis auto accident attorney.
Indiana’s At-Fault Insurance System
Indiana is indeed an at-fault state. This means that the driver who is legally at fault for causing the accident is also financially responsible for the damages resulting from the accident. These damages can include medical expenses, property damage, lost wages, pain and suffering, and other legal damages.
How Fault is Determined in Indiana
Determining fault in a car accident involves assessing the actions of each driver to see if they acted negligently. Common factors contributing to fault include speeding, following too closely, failing to signal turns or lane changes, failing to check blind spots, ignoring traffic signs or signals, distracted driving, and driving under the influence of alcohol or drugs. In Indiana, law enforcement, insurance adjusters, and if necessary, the courts, will examine evidence such as police reports, witness statements, traffic camera footage, vehicle damage, and other relevant information to determine fault.
Comparative Fault Rule in Indiana
Indiana follows a “comparative fault” rule, which means that you can still recover damages even if you are partially at fault, as long as you are not more at fault than the other driver. However, your recovery will be reduced by the percentage of fault assigned to you. For instance, if you are found to be 30% at fault and the total damages amount to $10,000, you would only be able to recover $7,000.
Steps to Take After an Accident in Indiana
- Seek Medical Attention: Your health is the top priority. Even if you do not think you are seriously injured at the time, it’s crucial to get checked out by a medical professional to rule out any latent injuries or hidden complications.
- Report the Accident: Indiana law requires accidents resulting in injury, death, or significant property damage to be reported. Contact the police so that an official report can be filed.
- Gather Evidence: If possible, take photos of the accident scene, the vehicles involved, and any visible injuries. Collect contact information from witnesses.
- Notify Your Insurance: Inform your insurance company about the accident. However, refrain from making any definitive statements or accepting blame until you speak with an attorney.
- Consult a Personal Injury Attorney: Contact a personal injury attorney who can represent you throughout the claim process, helping to protect your rights and ensure you receive an appropriate amount of compensation.
Why Legal Assistance is Essential
Navigating the aftermath of a car accident can be complex, especially when dealing with insurance companies and determining fault. Questions over fault or comparative negligence can significantly reduce your recovery or bar a recovery altogether if these issues are not handled by a skilled legal professional who knows how to prepare and present a strong case to the insurance company or in court. A personal injury attorney can provide invaluable assistance by:
- Evaluating Your Case: An attorney can assess the merits of your case and the potential for recovery based on the specifics of the accident.
- Managing Negotiations: Experienced attorneys handle negotiations with insurance companies to strive for a settlement that fairly compensates you for your damages.
- Advocating in Court: If a fair settlement cannot be reached, an attorney can represent you in court, presenting your case to achieve the best possible outcome.
Contact Lee Cossell & Feagley to Prove Fault and Recover Compensation After an Auto Accident in Indianapolis
Understanding that Indiana is an at-fault state is vital for anyone involved in a car accident. Knowing the laws can help you navigate the claims process more effectively and make informed decisions. If you find yourself in such a situation, consider consulting with an experienced attorney at Lee Cossell & Feagley, LLP, who can guide you through the legal process and help ensure that your rights are protected.
For legal advice and assistance after a car accident in Indiana or to discuss your specific situation, contact us at our Indianapolis office at 317-631-5151 for a free consultation. Our team is ready to help you understand your legal options and pursue the compensation you deserve.