Who takes the blame for an intersection accident? The answer depends on the evidence of negligence available at the scene. You cannot hold another party legally accountable for your intersection accident losses unless you have evidence of their misconduct to submit to a civil judge.
You’re not obligated to return to the scene of an intersection accident to begin pulling evidence for a civil case, though. You can request that one of Indiana’s car accident attorneys do so on your behalf. Vaughan & Vaughan can connect you to a legal representative who can prioritize an investigation into accident fault so you can better fight for post-accident compensation.
What Are Indiana’s Intersection Laws?
Indiana’s intersection laws address a driver’s rights at controlled intersections and uncontrolled intersections. Drivers must abide by these laws if they want to avoid accidents and assumptions of liability.
Drivers at controlled intersections, or intersections with automated traffic lights, may only turn left when a green light or arrow gives them the right of way. Drivers may turn right after yielding and when permitted to do so either by an arrow, light, or posted sign.
Drivers at uncontrolled intersections must all come to a full stop before using the intersection. Drivers should yield to other motorists who arrived at the intersection before them. Drivers should also obey posted signs and yield when applicable, particularly at three-way intersections or intersections without four-way stop signs.
How Can You Determine Fault After an Intersection Car Accident?
You can assign fault after an intersection car accident by:
Analyze On-the-Scene Evidence
What evidence of negligence can you find at the accident scene? Physical debris can tell the story of how your accident occurred. Bystanders can contribute testimony outlining another party’s negligence. Expert witnesses can join you on the scene and provide commentary on both your losses and the nature of your crash.
Consider the Impact of Contracts
Was the party who hit you on the clock when you got into your accident? If so, that party may not automatically assume liability for your losses. Their employer may have the legal obligation to step in instead.
That’s why it’s important to figure out whether the person who hit you operates as an independent contractor, on-duty employee, or driver motorist before you go to court.
Keeping an Open Mind
It won’t always be another driver who assumes the blame for your accident. Mechanics, automotive manufacturers, construction crews, and even government officials may be liable for your losses, depending on the circumstances that led to your intersection crash. If the question of liability doesn’t seem to reveal itself easily, our team can consider these alternative angles.
Can You Hold Multiple Parties Accountable for an Intersection Accident?
You may have the right to hold multiple parties liable for an intersection accident. If you want to divide fault between these parties, however, you need to bring forward evidence of their shared liability. You can use the same evidence you would use in a single-player case to establish multi-party fault in your personal injury claim.
Can You be Held Liable for an Intersection Accident?
Indiana operates on a modified understanding of contributory negligence. This understanding states that drivers like you must be less than 51 percent liable for an intersection accident if they want the right to pursue compensation for their losses. This means that you can be held partially liable for an intersection accident, but it may not impact your right to compensation.
If you are found partially liable for an intersection accident, though, the percentage of the liability you assume can impact the financial support you receive. Indiana courts reserve the right to reduce your intersection accident compensation by the percentage of fault you contributed to your own losses.
Say, then, that you’re set to receive $10,000 after an intersection accident. Then, the liable party argues and proves that you contributed 30 percent of the fault in your accident. Even if you win your case, the court can reduce the compensation you receive by $3,000, bringing your total compensation down to $7,000.
When do You Need to Accuse Another Party of Fault?
Should you decide to take legal action against another party after an intersection accident, you need to file your personal injury claim with Indiana’s civil courts within your relevant statute of limitations. The statute of limitations that applies to Indiana’s car accidents can be found in Indiana Code section 34-11-2-4.
This code states that because intersection accidents fall under the broader umbrella of personal injury accidents, you have only two years to bring a liable party before a civil justice. If you try to act after your statute of limitations expires, the state can disregard your civil claim.
Let Vaughan & Vaughan Investigate Your Intersection Accident
No matter how old you get or experienced on the road you are, intersections are always dangerous. Impatience, malicious behavior, and negligence can all lead to life-changing accidents. Fortunately, you don’t have to walk away from these accidents feeling helpless. You can work with Indiana’s car crash lawyers to take action.
Vaughan & Vaughan can prioritize your right to a post-accident civil case or private settlement negotiations, depending on the means you’d prefer to use to secure compensation for an intersection accident. You can discuss your right to these courses of action in a no-obligation, free-of-charge case consultation with our team.
Contact us through our website or by phone today to get your consultation on the books.