Car accidents are a daily occurrence in Indianapolis, no matter what weather Mother Nature may throw our way. However, with winter upon us, car crashes due to bad weather increase. Traffic is bad enough in the best of conditions. When you add fog, rain, sleet, snow, or freezing rain, you create an accident waiting to happen. If you are in an accident in bad weather, you may be wondering how you can determine car accident liability and how the weather factors into your car crash in Indianapolis, Indiana.
Car Accident Liability and Safe Driving in Indianapolis, Indiana
As a driver, you have a duty to others on the road to maintain control of your vehicle to avoid a car crash. In bad weather, it is important to prove the driver failed to maintain control of the car due to driver negligence rather than the weather.
For example, if a driver were to spin out of control in the rain, snow, or icy conditions and collide with another car, that driver is liable even if he or she were under or at the recommended speed limit.
Why? Every driver on the road should make accommodations to compensate for the weather conditions making the roads more hazardous. If a driver fails to do any of the following during bad weather, then it may be easy to prove car accident liability in your case:
- Do not replace worn tires or windshield wipers
- Do not use their wipers or lights in bad weather
- Are distracted while driving
- Are driving drowsy or fatigued
- Are aggressively or recklessly driving
- Do not obey traffic signals or road signs
What Does Modified Comparative Negligence Mean in Indiana?
Indiana car crash cases are a bit differently than in other states. Indiana uses the “Modified Comparative Negligence” rule. If you are 51% or more at fault for a distracted driver auto accident, you cannot recover compensation for your damages.
However, if you are less than 51% at fault, you can get compensation for damages with your percentage of fault deducted from the value of the total damages.
An Indiana driver’s statute of limitation on filing a personal injury claim is two years from the date of the accident, injury, or death of an accident victim. For this reason, you should reach out to a car accident attorney as soon as possible after your wreck. Your attorney can help you determine what percentage at fault you may be found at depending on the details of your case, and based on this information, ensure your claim is filed within a timely manner.
What Do You Do After a Car Accident in Indiana?
First, never leave the scene of an accident. Leaving the scene can result in having your driving privileges revoked or your license suspended.
After stopping, pull up close to the accident as safely as possible, without obstructing traffic. Do not panic. Be aware of the traffic situation and any other potential dangers, like a car fire.
Notify 911 – report any injuries and call for medical assistance.
It is mandatory to report the accident to the Indiana police if the accident results in death, injuries, or property damages amounting to $1000 or more.
In some cases, you must report the car crash to the Indiana Bureau of Motor Vehicles (IBMV). You must submit a completed Operator’s Proof of Insurance and Crash Report Form within 10 days of an accident involving an injury or death.
Schedule a Consultation with a Indiana Car Accident Attorney
If you have been injured in a car crash and are not sure how to determine car accident liability, you need to know you have options. Call for a confidential, free legal consultation with the car crash lawyers at Rowe & Hamilton in Indianapolis, Indiana. They will help to alleviate some of the stress and anxiety associated with your case.