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Car accidents are a leading cause of property damage and personal injury in Indiana and throughout the country. In some instances, people manage to avoid injury after an accident. Unfortunately, however, even collisions at low speeds can cause serious damage to vehicles involved as well as their occupants.
A Porter County car accident lawyer could work to advocate for and defend your claim against defendants’ insurance companies, with the goal of obtaining a satisfactory settlement without the hassle of going to court. Contact an accomplished attorney today to get started on your case. En Español.
There is no such thing as a no-fault car accident in Indiana. Determining who is at-fault is important not just for insurance purposes, but also for establishing legal liability for any damage caused. If a person is found to be at-fault for an accident, they are responsible for not just their own injuries, but also any injuries inflicted upon all other people involved in the accident.
To determine who is at-fault, the case is usually framed within the legal cause of action known as negligence. Negligence law states that even if someone did not mean to cause any harm, their actions can still result in them being legally liable for their actions. Car accidents are a classic example of this.
Plaintiffs who are pursuing a claim of negligence must prove three things:
All drivers assume a duty to protect all other people on the road whenever they get behind the wheel, so the first element of negligence is always satisfied in a car accident case. There are also rarely questions concerning whether the accident caused the injuries. The defendant may argue that an injury was preexisting, but usually, the injuries are proven through the introduction of medical records.
The main dispute in most car accident cases is whether the defendant’s actions—or lack of action—breached the duty of care. When considering this question, the police report is often a key piece of evidence. In many reports, the responding officer will place blame for the accident on one driver. In others, the officer notes that they issued a ticket for a moving violation.
When this happens, the plaintiff can argue that the defendant was negligent per se. This means that because the defendant was in violation of the law when the accident happened, the defendant is assumed by law to be at-fault. A Porter County car accident lawyer has experience with proving negligence of the at-fault party.
A car accident is never something to take lightly. Even in the best-case scenario, you may endure serious damage to your car as well as personal injuries that require doctor visits. More serious incidents may require hospitalization, surgeries, and months of painful rehabilitation.
On top of all that, you could be forced to miss work and your family life may suffer as a result of your injured condition. Furthermore, the insurance companies may be of little help, as they often try to persuade unrepresented plaintiffs to take quick settlements for token sums.
An experienced Porter County car accident lawyer works to protect you against aggressive insurance companies and obtain the compensation you may need to fully recover. Once retained, your attorney could investigate the accident, obtain all the necessary paperwork, and negotiate a fair settlement.