Many of us believe that accidents are flukes of nature. The reality, however, is completely different. Human error causes accident, and someone has to take the blame according to personal injury law which deals in concrete facts in order to mete out justice to the aggrieved party.
Determining fault in a car accident is a complicated affair, and might be over the scope and reach of the average American. The police sent at the scene of the accident will write up an accident report, the insurance companies for all parties involved will come up with their own accounts, and key witnesses may have conflicting information regarding how the accident really happened. It is for this reason that you need a competent an experienced attorney on your side.
Fault is determined legally through a number of ways:
- Collecting witness testimonies
- Taking a look at the police records
- Viewing any accident video footage available
- Assessing damage on both cars
- Assessing avoidance or what each of you could have done to prevent the accident
- Assessing duty of care on each driver owed to other members of the public
How Car Accidents Are Handled
In most states, determining fault in auto accidents is done by a legal construct called ‘comparative fault’. This is simply a sliding scale represented by a percentage which apportions blame on the negligent or guilty party. According to law, if you sue for $200,000 and were discovered to be 40% percent at fault as the plaintiff, you will only be able to recover $80,000. On the other hand, if you are found to be 50% at fault, you may not be able to recover anything.
In addition, since Indiana is a ‘fault’ state (a majority are ‘no-fault’ states), you are allowed to use the other driver’s insurance to pay for your damages such as medical bills and fixing up your car before dipping into your own insurance should you need to do so.
Get Legal Help Today!
At the end of the day, the court determines who is at fault by looking at which party acted in a negligent manner. In order to win your case, you will need an experienced accident attorney who can come up with a strong and watertight case on your behalf. Michael McCready has years of experience dealing with these kinds of cases, making him the right person for the job. Please call us today on 877-561-3004 to schedule your consultation on car accidents. Thanks, and we look forward to hearing from you.