When it comes to car accidents, the legal ramifications can vary from state to state. In the state of Indiana, a fault-based system is in place for auto insurance liability. Under this system, also known as a “tort” system, each driver involved in an accident is responsible for their own actions. This means that if you are injured in a car accident in Indiana, determining who is to blame for the collision is essential for your ability to seek compensation for your damages.
In a fault-based system like the one in Indiana, the insurance company of each driver involved must pay for the damages caused to others by their respective driver. This system aims to ensure that those who are at fault for an accident bear the financial responsibility for the resulting harm. Ultimately, it means that bad drivers end up paying more, while good drivers pay less in terms of insurance costs.
If you find yourself injured in an accident in Indiana, your ability to recover compensation for medical bills, lost income, and pain and suffering relies on establishing the issue of fault. However, it’s important to note that you can still seek financial recovery as long as you are not primarily at fault. If you are found to be 50 percent or less at fault for the accident, you can still pursue compensation. However, the amount of compensation you receive will be reduced proportionally based on your share of the blame.
Proving fault in a car accident involves considering various factors, and there are multiple types of evidence that can be used to establish liability. Evidence can include photographs of the accident scene, witness statements, data from electronic crash, cell phone records, social media posts, police reports, medical records, and even video surveillance footage obtained from nearby establishments. Additionally, a thorough inspection of the accident scene, taking into account factors like skid marks, street signs, and lane markings, can provide valuable clues regarding what occurred during the collision.
It’s worth noting that insurance companies often challenge liability in order to avoid paying claims or to reduce the amount they have to pay. This is where the expertise of a skilled personal injury attorney can be crucial. An experienced attorney can navigate the complexities of the legal process, gather and present compelling evidence, and advocate on your behalf to ensure you receive fair compensation for your injuries and damages.
Understanding the rules and processes involved in an at-fault-based system, as well as seeking the assistance of a qualified personal injury attorney, can significantly enhance your chances of receiving the compensation you deserve when you have been injured in a car accident in Indiana.
If you or a loved one have been involved in a car accident, contact Hurst Limontes today to discuss your options. We have decades of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or email us for a FREE and confidential consultation.