Some people want to handle their own claim because they are thinking that they are going to save attorney fees. However, it can be harder for an everyday person to try proving negligence in Indianapolis car accident cases. Therefore, it can be critical to speak with an experienced auto crash attorney as soon as possible.
What is Comparative Negligence?
Indiana is a comparative fault state. The only times that it comes to a contributory negligence is if there is a government defendant. If there is a government defendant, the comparative fault statute does not apply. If it is a government agency, a person driving the government vehicle that causes a crash, they are not subject to the Indiana Comparative Fault Act.
In those scenarios, if there is a government defendant, the defendant only needs to show that the injured person was one percent at fault. A person has to 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 to 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 needs to prove liability had a greater threshold, even it was comparative fault. Since the vast majority of cases in Indiana are person to person or it might be non-government Corporation striking an individual person, contributory negligence would not be an issue.
Examples of Common Causes of Auto Crashes
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 that they can travel at the same speed as if it were summer time. It takes a lot longer to stop at 20 or 30 miles an hour if a person is driving on ice and snow.
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 that 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, then they will only get 60 percent of the value of their claim. If a person is 50 percent at fault, then they can only get 50 percent of the value of their claim. Insurance companies, based on the facts, 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.