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Indiana comparative fault laws regarding collision

On Behalf of | Jan 22, 2024 | Motor Vehicle Accidents

If you’re driving along an Indiana road when another vehicle hits you, your health and well-being will not be the only priorities in the days and weeks that follow the incident. You will also be dealing with multiple legal issues, such as those regarding auto insurance. If you suffered severe injuries in a collision, you might decide to file a claim in civil court if the other driver’s negligence was a causal factor.  

What happens if the other driver wasn’t the only one at fault? What if you were partially responsible for the collision as well? This is where comparative fault laws come into play. You’ll want to make sure you have a clear understanding of these rules before heading to court because they might affect the ultimate outcome of your case.  

You must be less than 51% responsible for the collision to collect damages 

Indiana’s comparative fault laws prohibit a plaintiff from recovering damages in the aftermath of a collision if he or she was 51% or more responsible for the accident. In other words, if more than half the fault was yours, then the court will rule in favor of the defendant. On the other hand, if you were 50% or less culpable for the accident, the court may rule in your favor.  

The court will reduce the judgment for 50% or less culpability 

While you can still win a personal injury claim if you were partially at fault for a collision in Indiana, you may not receive the maximum amount of compensation to which you may have the right if the defendant was 100% at fault. In this case, if you were 50% or less responsible for the incident, the court will reduce your award in proportion to your negligence.  

You must file a personal injury claim within 2 years  

Every state has its own laws regarding personal injury claims. In this state, you must file a claim within two years of the collision that resulted in your injuries. This is known as a statute of limitations. On the bright side, if you’re feeling too overwhelmed and stressed in the immediate aftermath of an accident, you can take time to heal and process your emotions before seeking compensation for damages.  

Because the mental details of a collision might begin to fade with time, it is best to document as much evidence as possible as soon as you are able to do so. Even if you do not plan on filing a claim right away, the more evidence you have on file, the less you will have to gather when you decide to seek compensation for damages.