Some people want to handle their own car accident negligence claims because they think they are going to save money on attorney’s fees. However, it can be harder for an everyday person to try to prove negligence in Indianapolis car accident cases. Therefore, it can be critical to speak with an experienced auto crash attorney as soon as possible.
If you or a loved one has suffered injury in a car accident that someone else’s carelessness or recklessness has caused, you have a right to seek compensation from them. An Indianapolis negligence car accident lawyer with Sevenish Law Firm, P.C., can seek compensation for you from the liable party while you focus on recovering from the crash. You can learn more about your legal options and next steps during a free consultation today.
Recoverable Damages in an Indianapolis Negligence Car Accident
The damages you suffered in an auto accident in the Indianapolis area will be unique to your case. Our Indianapolis car accident attorney will review the situation to determine the financial and non-financial losses you could recover. Once your losses have been tallied, we can have a better idea of how much compensation you could request from the liable party.
Examples of financial damages include medical bills, ongoing rehabilitative care, lost income and other earnings, reduced or lost earning ability, and property damage.
Examples of non-financial damages include impaired quality of life, pain and suffering, mental anguish, emotional distress, impaired quality of life, loss of companionship, and loss of enjoyment of life, among others.
What Is Comparative Negligence?
In some accidents, multiple or all parties share responsibility in how and why a road accident occurred. When this happens, it must be decided how much each party contributed to the accident.
Indiana is a comparative fault state. The only time it comes to contributory negligence is if there is a government defendant. The comparative fault statute does not apply if there is a government defendant. If it is a government agency, the person driving the government vehicle that causes a crash isn’t subject to the Indiana Comparative Fault Act.
In those scenarios, if there is a government defendant, the defendant only needs to show the injured person was 1 percent at fault. A person must prove 100 percent fault to the government employee or driver. If they cannot do that, then they do not have a case against that government. More or less, the overwhelming majority of cases in Indiana would be subject to a comparative fault and not contributory negligence.
Comparative negligence does not come into play unless a person has a government defendant. If a person has a government defendant, then they need to worry about contributory negligence and proof.
The evidence must prove liability had a greater threshold, even if it was comparative fault. Since most cases in Indiana are person to person, or it might be a non-government corporation striking a person, contributory negligence would not be an issue.
Our Indianapolis Attorney Can Help You Establish the Other Party’s Negligence
If you are partially at fault for a road accident in Indiana but believe another party’s role was greater, you can work with our attorney to help you make your case. Proving how the other party or parties contributed to the accident is important for your case’s outcome. If you can prove their percentage of fault is higher than yours, you could receive more compensation that covers your accident-related expenses.
In Indiana, plaintiffs must be less than 51% at fault to receive compensation, per state law (IC 34-51-2-6). Our attorney will work diligently to prove that the other party’s fault was greater.
Proving the Four Elements of Negligence in an Indianapolis Car Accident Case
Our Indianapolis personal injury attorney can collect evidence from the accident and work to build your case for negligence by proving these four elements are present:
- Duty of care. Your attorney must be able to show how the other party in the accident owed it to you to conduct themselves safely while behind the wheel.
- Breach of duty. The other party’s actions or inactions must show they did not act responsibly to keep you safe on the road.
- Causation. As a result of their failure to act responsibly and reasonably, they caused an accident that injured you.
- Damages. As a result of your injuries, you now have damages from the accident that have cost you money, time, pain, and other compensatory losses.
If your case shows all these elements occurred, our Indianapolis auto accident attorney can build your case showing these elements occurred and seek compensation on your behalf from those responsible.
Impact of a Collision Cause on Liability Claims
Negligence in Indianapolis car accident cases can be tough to establish. Depending on what kind of accident it is, there is often an allegation that the victim was partially at fault. Since Indiana is a comparative fault state, a person cannot recover damages in the percentage they are at fault. If a person is 20 percent at fault, then they will be able to realize 80 percent of the value of their claim.
If a person is 40 percent at fault, they will only get 60 percent of the value of their claim. If a person is 50 percent at fault, they can only get 50 percent of the value of their claim. Based on the facts, insurance companies like to make stuff up because they want the evidence to show that the injured victim is 51 percent or more at fault. If that is the case, in Indiana, regardless of their injury, they get nothing. Our attorney can help you challenge this finding if it happens in your case.
Examples of Common Auto Crashes in Indiana that Negligent Driving Causes
Negligence in Indianapolis car accident cases is often tied to driving behavior and the reason behind the accident. Common causes of car crashes include:
- Rear-end accidents
- Distracted driving
- Driving through red lights and stop signs
- Merging onto the highway
One of the biggest examples of causes would be directly or indirectly related to distracted driving, such as:
- Looking at their cellphone
- Engaging in conversation with other people in the car
- Not paying attention to where they are going
Not anticipating their speed, if it is inclement weather, is another common collision cause. They think they can travel at the same speed as if it were summertime. It takes a lot longer to stop at 20 or 30 miles an hour if a person is driving on ice and snow.
Contact Us Today for Help With an Indianapolis Negligence Car Accident Case
Our car accident attorney serving the Indianapolis area is ready to help you or a loved one recover compensation for an auto collision that has upended your life. If you share responsibility for the accident, you can still seek damages from the other party if you can prove their liability in the crash is greater than yours. Our attorney is up to the challenge of building your case and seeking awards on your behalf.
Call Sevenish Law Firm, P.C., today for a free consultation about the accident. You can get guidance on how our Indianapolis negligence car accident lawyer can help. We can start on your case at no upfront cost, and we get paid only if we recover awards for you.