The immediate aftermath of a car accident can prove difficult to manage. If you’re contending with injuries while also trying to field questions from other injured parties, you may lose track of who you’ve talked to, what you’ve said, and who’s begun to move against you. Unfortunately, other injured parties may use this time to try and paint you as the party liable for the accident.
If you’re found at fault for a car accident, Indiana’s civil courts may expect you to pay damages to the other parties injured in the crash. That said, those other parties’ assessment of an accident’s fault may not prove accurate. You can work with Vaughan & Vaughan’s car accident lawyers in Indiana to challenge an accusation of fault leveled against you.
Why Can You Be Found Liable for a Car Accident?
You can be found legally liable for a car accident, even if you were the party hit in the initial crash. If any other party involved in your accident gets out ahead of you and claims that you engaged in roadway negligence, Indiana’s civil courts may declare that you may prove financially liable for the filing party’s recovery.
The forms of negligence that other people may cite as the reason you should be liable for a car accident can include:
- Distracted driving
- Violating roadway laws
- Driving under the influence of drugs or alcohol
- Breaching the duty of care owed to another party
- Failure to invest in vehicular repairs
The person who argues that you engaged in roadway negligence must bring forward evidence of that negligence. If the filing party doesn’t have hard evidence of your alleged negligence, their attempt to hold you accountable for an accident may fall short.
What Is Indiana’s Policy on Shared Fault?
You may not bear all the blame for a car accident, but circumstances may see you assume some responsibility for another person’s losses. Indiana allows its car accident survivors to divide an accident’s fault between all parties that leave behind evidence of negligence at the scene of an accident.
Of course, you still have the right to challenge accusations of negligence, even when that alleged evidence only holds you partially responsible for another person’s accident. That said, the amount you allegedly owe an injured party may be significantly reduced if you share fault for an accident with another party.
You can discuss shared fault and its impact on a car accident claim with the Indiana personal injury lawyers working with Vaughan & Vaughan.
Can You Receive Compensation for an Accident Even If You’re Partially At Fault?
Indiana’s understanding of modified comparative negligence does allow you to demand compensation for a car accident’s losses, even if another party finds you partially responsible for the accident. I.C. § 34-51-2-6 notes that as long as you are less than 51% liable for an accident, you have the right to seek compensation for your losses.
Indiana’s understanding of modified comparative negligence reduces the compensation you receive based on the percentage of fault you allegedly contributed to an accident. If, for example, you’re set to receive $20,000 and are found 25% liable for an accident, you may only receive $15,000 from a civil claim.
Can You Argue Against Accusations of Fault After a Car Accident?
You can work with an attorney to argue against accusations of fault after a car accident. Vaughan & Vaughan can bring forward evidence on your behalf that asserts your efforts to uphold a duty of care to all of the parties involved in your accident.
How Can You Get Ahead of Accusations of Fault?
You can get ahead of accusations of car crash fault by contacting an attorney within hours of your initial accident. When our attorneys get to your accident scene, we can begin compiling evidence of another party’s negligence, speak with bystanders, and intercept another person’s efforts to lay the blame for the crash on your shoulders.
You can also count on the Indiana car accident lawyers with Vaughan & Vaughan to defend you against another party’s accusations of fault. We can bring forward evidence contesting another party’s assertions regarding your negligence and, in doing so, prevent you from having to pay for damages you can’t afford.
We can even ensure your right to future compensation by lessening the percentage of fault a liable party tries to assign you.
What Car Accident Damages Might You Have to Pay If You don’t Challenge Accusations of Fault?
If you don’t challenge accusations of fault after a car accident, an Indiana civil court may find you financially responsible for an injured party’s economic and non-economic losses. This means that your insurance provider may have to pay for that party’s:
- Medical bills
- Long-term healthcare
- Lost wages
- Property restoration
- Emotional distress
- Pain and suffering
Should a car accident prove fatal, you may also find yourself responsible for the deceased’s wrongful death and funeral expenses.
Challenge Accusations of Car Accident Fault With Vaughan & Vaughan
You don’t have to let accusations of car accident fault take you to civil court. You have the right to fight back and reassign a car accident’s fault, particularly if you faced losses that you believe stem from someone else’s negligence. Vaughan & Vaughan have car accident attorneys throughout Indiana who can help you make your case.
You can count on our team to investigate the truth of your recent accident. We can bring forward data, including bystander statements and debris, challenging another person’s attempt to hold you accountable for their losses. Talk to us today about what right you have to tell your side of the story. You can contact us through Vaughan & Vaughan’s website or over the phone.