In order to receive compensation when you are hurt in a car accident in Indiana, you must prove that the other driver caused the accident. Proving fault when you are hurt in an accident is crucial. Some car accidents seem cut and dry; however, even car accidents that usually are almost always the fault of the other driver can pose certain challenges. Depending on the circumstances and facts of the case, you may have difficulty proving fault.
Examples of Car Accidents Where Fault May Be Challenged
- Rear-end Collisions
In Indiana, if a driver hits you from behind, the other driver is at fault regardless of why you were stopped — at least in traffic court. Driving too closely for conditions and/or failure to keep a proper lookout is a traffic violation that assumes a rear-end collision occurred because the driver was not following at a sufficient distance to stop in time to prevent a rear-end collision. Even though this is a traffic charge, it helps to establish fault for the purposes of a civil action to recover damages when you are hurt in a car accident.
As with other car accidents, it is always in your best interest to consult with an attorney even in a rear-end collision case. The insurance company for the other driver may allege that you are partially to blame for the accident; therefore, you should not receive full compensation under Indiana’s comparative negligence law. If a jury finds that you are over fifty percent at fault for an accident, even a rear-end collision, you will receive nothing. However, if a jury finds that you are partially responsible but less than fifty percent, your compensation will be reduced by the percentage of fault assigned to your case.
As you can see, even an apparently easy case to prove fault can turn into a disputed fault case that requires the assistance of an experienced Bloomington car accident attorney.
- Left-turn Accidents
Left-turn accidents are very similar to rear-end collision accidents. As far as the traffic court is concerned, you are at fault if you turned left in front of another vehicle because you violated the law to yield the right of way to oncoming traffic. However, there are times when fault could be challenged. For example, if you are turning left at a red light that has a green arrow for left turns and you had the right of way, the other driver could be at fault for running a red light. In this type of case, eye-witnesses and traffic cameras may be used to determine fault. This is another example why you want to consult an attorney when you are hurt in a car accident even when fault may seem easy to prove.
Do I Need a Car Accident Attorney?
It is usually in your best interest to consult with an attorney when you have been hurt in a car accident. The insurance company for the other driver will use every opportunity to lower the amount of compensation it must pay to you for your damages including challenging fault. An experienced car accident lawyer understands how to establish and prove fault to get you the compensation you deserve.
For a free consultation, contact The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536. It does not cost you anything to get legal advice that can potentially increase the amount of compensation you receive when you are hurt in a car accident.