Many car accidents are not the fault of a single driver. For example, if a driver pulls out in front of an oncoming car, but that oncoming car was exceeding the speed limit, both drivers may share blame for the crash. This is known as comparative negligence. Under Indiana’s modified comparative negligence law, a judge or jury will determine what percentage of the total fault goes to each person involved.
How Share of the Blame Factors Into Compensation
Once the percentage of fault has been determined, compensation amounts will be adjusted. Each at-fault party’s compensation will be reduced by the percentage of fault he or she has been assigned. For example, if you are assigned 20 percent of the fault for the crash, the amount you can receive from the other party’s insurance company will be reduced by 20 percent. However, any party whose fault exceeds 50 percent will not be eligible to recover any compensation from the other parties involved. If one of the drivers involved in the crash is assigned 51 percent or more of the fault, he or she may be held liable for the legal expenses of the other drivers.
An Experienced Attorney Can Help
If you are involved in a car accident and are being assigned even a small portion of the blame, you should consult an experienced Indiana car accident attorney. An attorney will protect your rights to compensation and make sure the fault determination has been fair. Call Keller and Keller as soon as possible after your crash to ensure you get the recovery you are entitled to.