If you are reading this, you may be facing one of the most stressful situations of your life. A car accident can leave you feeling confused, worried, and unsure about what to do next. Whether you were driving or a passenger, the emotional and physical toll can be overwhelming. We understand the challenges you are facing, and we are here to help you navigate through the process. Our team is committed to providing you with the support and guidance you need to pursue the best possible outcome for your case.
When it comes to car accidents in Indiana, many people worry about what will happen if they were partially at fault. The good news is that Indiana operates under a system of comparative fault, which means that you may still be able to recover compensation, even if you were partly responsible for the accident. Understanding how this system works and what it means for your case is crucial to making informed decisions. Let us break down the key aspects of partial fault in Indiana car accident claims and how it can affect your case.
Indiana’s Comparative Fault Rule
Indiana follows a modified comparative fault rule, which can impact how compensation is awarded in car accident cases. Under this rule, if you are partially at fault for the accident, your compensation may be reduced based on your percentage of fault. For example, if you were involved in a car accident and found to be 30% responsible, your compensation would be reduced by 30%. This means that if the total damages amount to $100,000, you would be entitled to $70,000, because you were 30% at fault.
The important thing to understand is that even if you were partially at fault for the accident, you may still have the opportunity to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. However, your ability to recover damages will be affected by your degree of fault in the incident.
However, if your fault exceeds 50%, you will lose your claim under Indiana law and receive nothing.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
How Fault Is Determined in Indiana Car Accidents
The determination of fault in a car accident is not always clear-cut. In some cases, fault may be shared between multiple parties. Insurance companies, law enforcement, and sometimes the courts will all assess the circumstances of the accident to determine who was responsible and to what extent.
When investigating a car accident, several factors are taken into account. These factors include the actions of each driver, the weather and road conditions at the time of the accident, whether traffic laws were violated, and any available evidence such as witness statements, traffic camera footage, or accident reports. It is important to understand that fault is not always assigned in equal amounts. In some cases, one party may be primarily at fault, while in other situations, fault may be divided between both parties based on their actions leading up to the accident.
If you were involved in an accident and think you might be partially at fault, it is crucial to speak with an attorney who can help you assess your situation and build a case to protect your rights. A lawyer can help ensure that you are not unfairly blamed for the accident and that you are able to pursue the compensation you deserve.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
How Partial Fault Affects Your Compensation
One of the most important aspects of partial fault in a car accident is how it impacts the compensation you may receive. As mentioned earlier, Indiana’s comparative fault law allows you to seek compensation even if you are partly responsible for the accident. However, your recovery will be reduced by the percentage of fault assigned to you.
For example, if you are found to be 10% at fault for the accident and the total damages are $50,000, you would be entitled to $45,000. This reduction is significant, but it is important to remember that you may still be able to recover a substantial amount of compensation.
In cases where you are only slightly at fault, the reduction in compensation may not be as significant. However, if you are found to be 50% or greater at fault, you will completely lose your claim under Indiana law. That is why it is essential to have an experienced attorney on your side to ensure that your case is properly evaluated and that you receive a fair settlement.
What to Do if You Were Partially at Fault for a Car Accident
If you were involved in a car accident and believe that you may be partially at fault, there are several steps you can take to protect your interests. First, it is important to gather as much information as possible about the accident. This includes taking photographs of the scene, getting the contact information of any witnesses, and obtaining a copy of the police report. Having this evidence can be crucial in proving your case and showing that you were not fully responsible for the accident.
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Next, contact your insurance company to report the accident. Be honest about what happened, but avoid admitting fault at this stage. It is important to let the insurance adjusters and your attorney investigate the incident and determine who was truly at fault. Admitting fault prematurely could harm your chances of recovering compensation.
Lastly, reach out to a personal injury attorney who is experienced in handling car accident cases. A lawyer can help you navigate the complex legal process and ensure that you are not unfairly blamed for the accident. They can also negotiate with insurance companies on your behalf to ensure that you receive a fair settlement based on the facts of the case.
The Importance of Legal Representation
While dealing with the aftermath of a car accident can be stressful and confusing, having an attorney by your side can make a significant difference in the outcome of your case. An experienced attorney will be able to assess the situation, gather the necessary evidence, and negotiate with insurance companies to ensure that you receive the compensation you deserve.
Even if you were partially at fault, having the right legal representation can help you secure a successful outcome. Your attorney will fight for your rights and help you recover damages for medical bills, lost wages, and other expenses that you may have incurred as a result of the accident.
If you were involved in a car accident in Indiana and believe that you may be partially at fault, it is crucial to understand your rights and how the law applies to your case. At Wyant Law, we are committed to helping you navigate the complexities of Indiana’s comparative fault laws and secure the compensation you deserve. Our team will work tirelessly to ensure that your case is handled with the care and attention it deserves.
We understand that dealing with the aftermath of a car accident can be overwhelming, and we are here to guide you through every step of the process. Whether you need help gathering evidence, negotiating with insurance companies, or filing a personal injury claim, we are here to support you. Contact Wyant Law today for a consultation and take the first step towards securing a successful resolution for your case.