As you drive on your usual route, you get into an accident with another driver. While you believe that the crash is their fault, they claim that you also have a role in it.
In Indiana, personal injury claims are governed by an at-fault system. Understanding the two distinct legal principles used to determine liability is essential for protecting your right to a fair financial recovery.
What is the modified comparative fault system?
Indiana follows the modified comparative fault system, which refers to the 51% rule. Under this framework, you can only recover damages if your fault is less than 51%. However, even if you qualify for a settlement, the percentage of your fault reduces your total award.
For example, a court awards you with $100,000 in damages, but the judge finds you are 20% at fault for the car accident. As a result, your total take-home amount is now $80,000.
But what if the other party proves that your fault is 51% or more? Under state law, you are no longer eligible to seek compensation.
What if the other driver is a government employee?
Getting involved in an auto accident with a government employee has stricter rules. Instead of modified comparative fault, this situation follows pure contributory negligence. This means that you can lose the right to recover any damages from a governmental entity if you are 1% at fault.
How is fault determined in Indiana?
Insurance companies and courts assign a percentage of fault to each driver by reviewing evidence, such as:
- Eyewitness testimony: Neutral third parties can provide an unbiased account of the accident.
- Police reports: A police report can outline all elements related to the accident.
- Dashcam and surveillance footage: Video evidence can show who hit first and which traffic laws each driver broke.
Unfortunately, the other driver and their insurance company can try to pin the blame on you. Instead of handling a complex situation on your own, seeking legal counsel can offer the peace of mind you need.