Car accidents are always complex matters given the civil and criminal liabilities that may arise as their consequence. In some states, like in Indiana, the determination of negligence or car accident liability is not always black and white. This could pose a challenge to anybody dealing with a car accident claim, as establishing car accident fault is often a requirement when recovering damages.
If you are dealing with a complicated car accident claim in Indianapolis, Indiana, your degree of culpability in the accident itself is crucial. Car accident fault determines the amount of compensation you are entitled to receive, so you do not want to leave this matter for the insurance companies to figure out. With a car accident attorney in Indianapolis, Indiana on your side, you can ensure that evidence is gathered that can help prove that you have little or no fault for the accident.
What is the 51% Rule on Comparative Negligence in Indianapolis, Indiana?
One of the first things that your car accident liability lawyer will discuss with you is the comparative negligence rule in Indiana. This rule applies to all car accidents that take place all over the state.
When it comes to car accident fault, your percentage of negligence should not be at 51% or more. This is because if you are found to be the predominantly negligent party, you will not be eligible to apply for compensation. However, if you are ruled to be partially at fault, but your percentage of negligence is less than 51%, you will still be able to recover damages. This statute also applies even if the accident occurred on private property. It is possible for both parties (the vehicle driver and the property owner) to be at fault, but as long as the driver’s fault is less than 51%, then they can seek compensation.
Therefore, in Indianapolis, Indiana, having a small percentage of car accident fault will not disqualify you from receiving compensation for your injuries. As long as the degree of your car accident fault does not exceed 51%, you can still file a car accident claim with your insurance company or the insurance company of the other party.
You should know that there are nuances to this rule. If the vehicle driver has been injured, but has failed to seek immediate medical attention, he or she may be considered negligent in this regard. This could be a reason to reduce the amount of compensation the driver receives, the reason being that if they had sought medical attention soon after the accident, then their injuries may not have exasperated to their current extent. This goes to show that your actions during and after the accident could affect your amount of car accident liability.
How Will the 51% Rule Affect My Car Accident Claim in Indianapolis, Indiana?
It can impact your case positively or negatively, depending on your degree of culpability in the accident. Here, car accidents are viewed to be the responsibility of more than one party. Thus, the ruling can be disadvantageous or beneficial to the parties involved.
On the one hand, it is advantageous given that your car accident fault in Indianapolis, Indiana will not necessarily result in the negation of a claim application. On the other hand, it can work against you if your injuries are very severe and you are still found to be partly at fault. The degree of your car accident fault will, after all, determine the amount that you can recover. The higher your accountability, the lower will be the compensation available to you.
How Can an Indiana Lawyer Help with My Car Accident Claim?
Given the complexity of the comparative negligence or 51% rule in Indianapolis, Indiana, the help of an experienced car accident lawyer will be valuable.
First, a lawyer can help in establishing evidence that proves your minimal negligence in the accident. Perhaps you were able to snap photos of the location of the accident? Were there eyewitnesses present during the mishap? Did the accident occur on a public highway or on someone’s private property? Can the property owner also be held partly responsible? Your attorney can gather evidence that can answer these questions and more.
Second, your attorney can accompany you during discussions with your insurance company or that of the other party. Typically, a claims adjuster will determine fault and may also offer a quick settlement. Prior to accepting conditions made by an insurance agent, it is best to consult with a legal representative first to ensure you are getting a fair deal.
Finally, a legal representative can help you pursue a lawsuit against an insurance carrier if needed. This can happen if the quick settlement fails to cover all the losses endured as a result of the accident or if the insurance company refuses to pay up.
Talk to a Seasoned Car Accident Attorney in Indiana Today About Determining Car Accident Fault
Negligence is an important factor in your car accident claim in Indianapolis, Indiana. Establishing the degree of negligence for both parties involved in the car accident, however, can be confusing.
With the able help of an auto accident attorney, this responsibility can be determined and used to establish car accident fault. Even if you are partly at fault, you can still be eligible for compensation in the state of Indiana.
Here at Rowe & Hamilton, we make sure that you get the representation you need. Talk to our car accident liability lawyer today to see how you can improve your chances of receiving fair car accident compensation in Indianapolis, Indiana.