Even if someone drives defensively and in accordance with all the rules of the road, the actions of other motorists can cause unavoidable collisions. If a person can demonstrate that the other driver was at fault for the accident, they may be able to demand compensation for any injuries.

A Chesterton car accident lawyer could represent you in your claim against negligent drivers and their insurance companies. An attorney could handle every aspect of your claim from start to finish, working to get you the compensation that you deserve. En Español.

Legal Basis for Car Accident Claims

Most collisions between two cars are accidental. However, while it is unlikely that one person intended to cause the collision, any accident must always legally be the fault of one party. The main goal of a car accident claim is to demonstrate that the other driver was at-fault for the accident, and is therefore responsible to pay the plaintiff for their damages.

The most common ways for an individual to accomplish this is to prove that the defendant’s driving was negligent. A plaintiff must prove that the defendant had a responsibility to look out for their well-being. All drivers carry a responsibility to care for all other people on the road whenever they drive. Additionally, they must prove that the defendant’s actions constituted a breach of this duty.

Usually, they can do this by offering evidence that the driver was speeding, ran a red light, or committed some other traffic violation. Consulting the police report from an accident scene may assist in proving this. The responding officer to any car accident must produce an impartial report that will detail the facts of the collision as well as any citations they issued to either driver.

Lastly, a plaintiff needs to prove the accident caused their injuries. They can usually accomplish this by supplying medical bills and records that directly attribute the injuries to the collision.

Other Considerations to Expect

From the second a car accident happens, there are steps a person can take to protect and strengthen their legal right to compensation.

Any individual in an accident must check the welfare of everyone else involved. By simply calling the police to the scene, all potential victims will get the medical attention that they need, and they will satisfy Indiana laws concerning helping injured people in need.

Chesterton Statute of Limitations

From the day of the accident, the statute of limitations—a legal time limit to file a claim—begins to toll. While most car accident cases settle out of court, insurance companies understand this law and will not offer settlements if the statute of limitations expires.

According to Indiana Civil Law and Procedure Code 34-11-2-4, any claim for personal injury must begin within two years of the date of injury.

Let a Chesterton Car Accident Attorney Take the Lead

Enduring a car accident can have a serious negative effect on anyone’s life. They may need immediate medical treatment and potentially months of rehabilitation. On top of this, they may miss significant time at work and suffer serious mental anguish.

A Chesterton car accident lawyer could help an individual file a claim against negligent drivers and press their cases with insurance companies. They may also work to keep aggressive insurance representatives off the victim’s back and strive to obtain the fair compensation they deserve. Given the limited time available to file a claim, it may be important not to hesitate. Call today to get started on your case.