What If I am Partially at Fault in Causing a Car Accident in Indiana?

Car accidents are one of the most common causes of accidental injury today, and the injuries that people sustain in car accidents can be very serious - even fatal. Auto accident injuries can range from minor cuts and bruises to catastrophic injuries requiring hospitalization and long term medical care. People who are injured in a car accident Michigan may be able to recover through an Indiana negligence lawsuit, provided that the accident was caused by someone else’s negligence. In order to bring a negligence action in Indiana, a plaintiff must be able to show:

• That the defendant owed a duty to the plaintiff – this is normally established if the harm the plaintiff suffered was foreseeable based upon the defendant’s conduct
• A breach of that duty – in other words, that the defendant departed from the standard of care that a reasonable person would have used
• Causation – that the negligence caused the plaintiff’s injuries
• Damages – that there were actual damages that result from the accident

In some car accident cases, liability is clear. For example, if the other driver was under the influence of drugs or alcohol, was texting or was otherwise distracted, was speeding, or failed to see the other vehicle, negligence may be relatively clear. In some car accident cases, however, both parties to the accident were negligent, complicating the issues of liability and recovery. Contact our Milwaukee spinal injury lawyer for more information.

Indiana Comparative Fault Laws

In cases where multiple parties were negligent, Indiana applies a legal doctrine known as comparative fault. In most comparative fault states, the jury is required to compare the extent to which parties were at fault in causing an accident. In a case where fault is at issue the judge will direct the jury to allocate fault by percentage, to a total of 100%. Indiana is also known as a modified comparative fault state, meaning that a person may not recover damages if he or she is determined to be more than 50% at fault for an accident. A plaintiff who is determined to be at fault will have their recovery reduced by the same proportion of his or her fault; for example, if your recovery totaled $100,000, and the jury determined that you were 40% at fault for the accident, so your award is reduced by 40%, leaving you with $60,000.

Comparative fault is commonly alleged in Indiana car accident cases and can significantly reduce a plaintiff’s recovery. As a result, it is important to retain the services of an experienced Indianapolis car accident attorney immediately after being involved in an accident. If you are involved in an accident, you should document as much information as you can gather about the accident, and make sure to obtain contact information from anyone who may have been a witness to the accident. In addition, anyone involved in a car accident should undergo a thorough medical evaluation to ensure that all of your injuries are properly diagnosed and documented. Remember that even if you are partly at fault, you can still recover through an Indiana negligence lawsuit as long as you are not more than 50% at fault for the accident.