Evansville Car Crash Lawyer Partial Fault

Can I still recover damages if I was partially at fault in a crash?

Some car accidents are straightforward events, but others have multiple contributing factors. If you’ve been involved in a crash where you’re partially at fault, you may still be able to recover damages. Understanding how Indiana’s modified comparative fault laws apply in such situations is crucial to determining your potential for compensation. This article explores how these laws work, when they might affect your case, and how an Indiana auto accident lawyer can assist you.

Indiana’s Modified Comparative Negligence Laws

Indiana follows a modified comparative negligence system, which affects how damages are allocated when multiple parties share partial responsibility for an accident. Under this system, you can still recover damages if you are partially at fault, but there are important conditions to consider:

Percentage of fault. Indiana’s modified comparative negligence rule allows you to collect damages as long as your fault does not exceed 50%. If you are found to be 50% or less responsible for the crash, you are eligible to receive compensation. However, your recovery amount will be reduced based on your percentage of fault. For instance, if you are 20% at fault and the total damages amount to $100,000, you could recover $80,000, which reflects a reduction of 20%.
Threshold for recovery. Some states adhere to contributory negligence laws, barring injured drivers from collecting damages if they share any portion of the blame in a car crash. In Indiana, a percentage of fault greater than 50% bars a victim from recovering damages. If you are found to be more than 50% at fault, you cannot claim compensation for your losses, regardless of the other party’s actions.

Here’s how modified comparative fault works in practice: suppose you were involved in a car accident where you were driving slightly over the speed limit while the other driver was making an illegal U-turn. The crash resulted in significant damages and injuries.

Your total damages amount to $200,000.
After a thorough investigation, it’s determined that you are 30% at fault for speeding, while the other driver is 70% at fault for the illegal maneuver.
With 30% fault, your damages would be reduced by $60,000 (30% of $200,000).
You are left with a potential recovery of $140,000.

When Comparative Negligence Laws Might Apply

Essentially, comparative negligence laws allow courts to place a number on something that isn’t easily measured, quantifying each driver’s degree of responsibility and how much each one should pay for their negligence.

For example, different parties use comparative fault laws:

To allocate blame. If multiple drivers are involved or if multiple factors contribute to the accident, determining fault can be complex. For example, if both drivers are speeding, or one is under the influence while the other is distracted, comparative fault will help allocate responsibility.
As negotiation tools. Insurance companies use comparative fault principles to decide how much they will pay in claims. If you are partially at fault, the car insurance company will adjust the settlement offer based on your share of the fault.
To divide damages. In a personal injury lawsuit, comparative fault determines how damages should be divided. If you take the case to court, the judge or jury will assess the degree of fault of each party involved to allocate damages accordingly.

How an Attorney Can Help in Partial Fault Cases

Navigating the complexities of fault and compensation in car accident cases can be challenging. Here’s how an attorney can assist you:

Determining all causes. It takes an experienced lawyer to investigate an accident, gather evidence, and consult experts to establish a degree of fault for all parties involved. This might include reviewing police reports, interviewing witnesses, and obtaining accident reconstruction analyses.
Negotiating with insurers. Insurance companies constantly seek to minimize their payouts. Your attorney knows how to negotiate on your behalf, fighting to protect your interests so your share of the fault does not unfairly reduce your compensation.
Preparing for court. If your case goes to trial, your attorney will present evidence and arguments to establish that your level of fault is lower than the other parties involved. They will work to prove that you are entitled to damages and will help calculate the amount you should receive based on the modified comparative fault rule.
Handling legal complexities. Legal proceedings and paperwork can be overwhelming, especially when you’re dealing with injuries and recuperation. Your attorney manages all legal aspects of your case, handles documentation, and ensures all deadlines are met.
Ensuring fair compensation. Your attorney evaluates all aspects of your damages, including medical costs, wage loss, pain and suffering, and the long-term effects of the crash. We work to ensure that your compensation reflects the full extent of your losses, taking your percentage of fault into account.

Contact Us to Get Answers to Your Questions

At Tuley Law Office, we know that shared liability is not the end of your injury case. We delve into the details to get you everything you are owed after a crash—and we don’t collect payment unless we secure compensation for you. Contact our team today for a free consultation.

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