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Indiana Personal Injury Attorneys Blog
Indiana Personal Injury Lawyer Blog

What If I am Partially at Fault in Causing a Car Accident in Indiana?

Car accidents are one of the most common causes of accidental injury today, and the injuries that people sustain in car accidents can be very serious - even fatal. Auto accident injuries can range from minor cuts and bruises to catastrophic injuries requiring hospitalization and long term medical care. People who are injured in a car accident may be able to recover through an Indiana negligence lawsuit, provided that the accident was caused by someone else’s negligence. In order to bring a negligence action in Indiana, a plaintiff must be able to show:

  • That the defendant owed a duty to the plaintiff – this is normally established if the harm the plaintiff suffered was foreseeable based upon the defendant’s conduct
  • A breach of that duty – in other words, that the defendant departed from the standard of care that a reasonable person would have used
  • Causation – that the negligence caused the plaintiff’s injuries
  • Damages – that there were actual damages that result from the accident

In some car accident cases, liability is clear. For example, if the other driver was under the influence of drugs or alcohol, was texting or was otherwise distracted, was speeding, or failed to see the other vehicle, negligence may be relatively clear. In some car accident cases, however, both parties to the accident were negligent, complicating the issues of liability and recovery.

In cases where multiple parties were negligent, Indiana applies a legal doctrine known as comparative fault. In most comparative fault states, the jury is required to compare the extent to which parties were at fault in causing an accident. In a case where fault is at issue the judge will direct the jury to allocate fault by percentage, to a total of 100%. Indiana is also known as a modified comparative fault state, meaning that a person may not recover damages if he or she is determined to be more than 50% at fault for an accident. A plaintiff who is determined to be at fault will have their recovery reduced by the same proportion of his or her fault; for example, if your recovery totaled $100,000, and the jury determined that you were 40% at fault for the accident, so your award is reduced by 40%, leaving you with $60,000.

Comparative fault is commonly alleged in Indiana car accident cases and can significantly reduce a plaintiff’s recovery. As a result, it is important to retain the services of an experienced Indianapolis car accident attorney immediately after being involved in an accident. If you are involved in an accident, you should document as much information as you can gather about the accident, and make sure to obtain contact information from anyone who may have been a witness to the accident. In addition, anyone involved in a car accident should undergo a thorough medical evaluation to ensure that all of your injuries are properly diagnosed and documented. Remember that even if you are partly at fault, you can still recover through an Indiana negligence lawsuit as long as you are not more than 50% at fault for the accident.

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Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

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Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

Understanding the Insurance Company:
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In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.