Indiana uses contributory negligence and modified comparative negligence laws for car accident cases. Contributory negligence laws mean that the court can reduce the compensation you receive based on your percentage of fault for a collision.
Modified comparative negligence laws in Indiana mean that you can only request compensation for your losses if you hold less than 51% responsibility for a crash. You can learn more about Indiana’s negligence laws with an Indiana car accident lawyer.
What are the Negligence Laws in Indiana for Car Accidents?
Indiana’s laws on negligence for car collisions focus on contributory and modified comparative negligence.
Contributory Negligence in Indiana
The contributory negligence laws in Indiana mean that you may receive less compensation after a crash if you hold partial responsibility for the collision. Basically, the legal system can reduce your compensation based on your percentage of fault.
For example, let’s say that someone rear-ends you after you slow down to make a right turn. However, you did not turn on your blinker before slowing down. In this case, the legal system may determine that you bear a percentage of fault for the crash.
An Indianapolis personal injury lawyer can take steps to show that someone else holds full responsibility for your crash, helping you get maximum compensation.
Modified Comparative Negligence in Indiana
Indiana’s laws on negligence also establish that you can only file a claim for compensation if you hold less than 51% fault for the crash. Individuals who hold a significant amount of liability cannot get money to cover their losses.
A lawyer can provide more information about what the negligence laws in Indiana are for car accidents and answer any other questions you have.
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Why Negligence Matters for Car Accidents in Indiana
Negligence matters after a crash in Indiana because it determines who has to pay for your losses. Therefore, it’s essential that you hire a lawyer quickly after a crash so they can investigate what happened and find the responsible party.
Your attorney may need to:
- Visit the scene of your car accident
- Interview witnesses and take their official statements
- Get a copy of the police report
- Collect video footage from surveillance cameras
Your lawyer may gather evidence that shows that you played no role in causing a crash, improving your chances of securing maximum financial compensation for all of your losses.
It’s essential that you avoid actions that could allow the other motorist or insurance companies to blame you for a crash. Generally, attorneys recommend that you avoid apologizing for the crash and stay off of social media after a collision.
Additionally, you should not provide a recorded statement to the insurance company or talk with insurance company representatives without your attorney.
The Negligent Party May Need to Cover Your Losses
The party responsible for causing your car accident may need to pay for all the economic and non-economic losses you experience. Depending on your circumstances, a lawyer may bring you compensation for your:
- Current and future healthcare bills
- Lost time at work
- Reduced earning potential
- Mental anguish
- Pain that prevents you from enjoying your life
- Emotional distress
- Property repairs
An attorney can calculate the value of all of these losses while handling your other legal needs. Keep in mind that if the insurance company may try to blame you for some portion of the crash to avoid covering your losses.
Fortunately, you do not have to take on these big companies alone. You can get professional help on your side to level the playing field.
Do Indiana’s Negligence Laws Apply to Fatal Car Accidents?
Indiana’s laws on contributory and modified comparative negligence apply to car accidents that have fatal results. Therefore, your family may not secure maximum compensation if the liable party tries to blame your loved one for part of the crash.
An Indianapolis wrongful death lawyer can investigate and support your family in this challenging time, taking steps to show that someone else holds total responsibility for the deadly collision.
Do You Have to Go to Court to Prove Negligence?
In many cases, you do not have to go to court to establish negligence after a car crash in Indiana. Instead, your lawyer may negotiate with the insurance company that represents the liable party, presenting evidence that shows someone else caused your crash.
However, if the insurance company repeatedly tries to blame you for the crash, your legal team may need to file a personal injury lawsuit.
Talk to Us About Car Accident Negligence Laws in Indiana
What is the negligence law in Indiana for car accidents? Our state uses laws that control who can file a claim based on the extent of negligence and laws that reduce the compensation you receive based on your percentage of fault.
After a crash, you can learn more about these laws and take charge of your legal situation by hiring our team at Vaughan & Vaughan. We’re ready to support you today when you call or complete our online contact form.
