If you contributed to a crash in Indiana and are seeking compensation for the harm and losses you suffered, it’s crucial to understand how the state’s laws may impact your ability to recover damages.
Indiana follows a modified comparative fault rule, which means you can still recover compensation even if you were partially at fault for a crash. However, your level of involvement must not exceed 51%. Otherwise, you may not recover any compensation from the other party involved in the crash.
Additionally, your degree of fault will diminish your recoverable compensation. If you are found to be 20% at fault, for example, and your total damages are $50,000, you would receive $40,000 after the reduction.
How is fault assigned?
Understanding what goes into assigning each driver’s percentage of fault after a crash is crucial to safeguarding your interests if you were partly to blame for the accident. There are no hard-set rules or procedures for going about this, as it depends on the specific circumstances of the accident and the available evidence. Some of the factors that may weigh in include:
- The statements of the drivers involved
- Weather conditions
- Vehicle damage
- Eyewitness testimonies
- Police reports
- Traffic camera footage
- Expert opinions
Sometimes, the degree of responsibility assigned to you may be inaccurate, and you can dispute it. In such instances, gathering as much evidence as possible to support your claim and minimize your level of fault is essential.
Seeking urgent legal guidance can help protect your rights, navigate the claims process and build a strong case on your behalf. This can significantly increase your chances of getting a fair settlement even if you played a part in the crash.