Indiana is a comparative fault state. You are not prevented from collecting an insurance settlement or suing another party even if your own negligence contributed to your accident or injury. However, your compensation may be reduced.
Randy Sevenish is an Indianapolis lawyer handling all personal injury and wrongful death claims, with an emphasis on victims of motorcycle accidents and other catastrophic accidents. Contact him at 800.991.4370 for a full explanation of your rights and a free evaluation of your case.
Some states have contributory negligence laws that bar accident victims from recovery if they were at fault in any way for the accident.
Other states have comparative fault (also called comparative negligence) statutes that enable victims to recover partial damages.
First, a determination must be made of each party’s liability, or fault. This is derived through negotiations with the defendant’s insurance company, or by a judge or jury at trial. Fault is assigned as a percentage.
Once the percentage of fault is determined, it is applied to the possible damages (the jury’s verdict or the insurance policy limits). Your degree of fault is subtracted from the potential award.
You were speeding and crashed at an intersection with a driver who failed to stop at a traffic light. The defense successfully argues that if you had been driving at the speed limit, your cars would not have collided or the injuries and damages would have been less severe. However, the stoplight violation is considered a greater degree of negligence. You are assigned 20 percent fault and the other driver 80 percent. Your unpaid medical bills and cost of recuperation are $40,000, therefore the 20 percent is deducted and the insurance company settles with you for $32,000.
Auto accidents and personal injury claims involve many complex insurance issues and legal matters. Hire an experienced Indiana auto accident attorney who knows comparative fault in Indiana and all applicable laws. Sevenish Law Firm is on your side, for as long as it takes. You pay no attorney’s fees unless we succeed on your behalf.