Merrillville, IN Car Accident Lawyer

Car accidents are such a part of everyday life that most people barely notice them until they are involved in one. Despite their commonness, many injured drivers and passengers are unsure how to proceed following a car collision.

Fortunately, our lawyers can explain what filing a claim will be like and answer any questions you might have. One of the most important matters we can help you determine is who to file your claim against. In less complex cases, you will only need to pursue compensation from a single person. However, our team can also help if the driver turns out to be on the job at the time of the accident by adding their employer to your claim. If the other side is blaming you for the accident, we can gather evidence that shows how the defendant was more liable than you, allowing you to recover some compensation still even if you are found partially at fault.

Call Wruck Paupore at (219) 322-1166 today for a free case review with our car accident attorneys.

Determining Liability for a Car Collision in Merrillville, IN

Liability for a car accident in Merrillville will depend on a number of factors, including how many drivers are involved and how they contributed to the crash. Most claims are filed against a single driver, but evidence might show other parties who should be held responsible for your injuries. Our car accident lawyers can help you identify anyone who contributed to your injuries and make them pay the damages they owe. We can take on powerful corporate lawyers when commercial drivers are involved and fight accusations that you caused the accident. The following will explain who we can pursue compensation from in your claim:

Liability for Accidents with Other Drivers

If only one driver is responsible for your injuries, matters are simplified as you only need to gather evidence of their liability. This could be evidence that the driver violated a traffic law or acted unreasonably under the circumstances.

However, determining responsibility can be much more complicated if multiple drivers cause your damages. According to I.C. § 34-51-2-7(b)(1), each defendant will be assessed for their own share of the fault. This means proving how each driver was negligent and how much that contributed to the accident.

Suppose a driver behind you was tailgating, and another driver was speeding up to them. If the tailgating car crashed into you when you braked because the speeding car smashed into them, each driver would be responsible for their acts and the damages it contributed to.

Liability for Accidents with Commercial Trucks

Our attorneys can also help you determine liability if a commercial truck driver hits you. In these situations, our team will often have multiple defendants and compensation options we can pursue.

The principle of “vicariously liability” applies to most truck accident cases, in which the trucking company can be held responsible for the negligent acts of its driver. Essentially, the trucker and the trucking company are treated as one defendant, even though the truck driver might have been the only one to act negligently, as per § 34-51-2-4.

However, this principle would not apply if the commercial driver was classified as an “independent contractor,” like most Amazon delivery truck drivers. In those cases, we can file a claim against the driver and potentially recover compensation from Amazon’s commercial insurance coverage.

Your Own Liability

It will be important to assess your level of liability as the defendant is likely to use any act they can against you to reduce their own share of the blame. Indiana uses modified comparative fault to apportion liability among parties to a claim, including the plaintiff. Fortunately, you will not be barred from recovering compensation if you are found to have contributed to your accident under § 34-51-2-5, but your award will be diminished in proportion to your share of the fault. You will only be prevented from recovering compensation if your negligence is greater than the defendant’s or multiple defendants collectively if two or more are named in your case, as per § 34-51-2-6.

In most cases, an insurance company or defense council cannot use the fact that you were not wearing a seat belt against you. Unless the action was for product liability, § 9-19-10-7 prevents this fact from being used to mitigate the damages the defendant should pay.

Getting Evidence to Prove Your Merrillville, IN Car Accident Claim

Regardless of the defendants in your claim, evidence will be the tool you use to prove they owe you compensation. However, you do not need to prove your claim “beyond a reasonable doubt,” like in a criminal case. You only need to show that it is more likely than not that the defendant caused your accident and the resulting damages. However, meeting this bar will depend on the amount and quality of the evidence collected. The more you have, the more likely you are to win your claim.

Proving a claim typically involves gathering testimony from everyone involved. Of course, this includes the driver who hit you, but you will also testify to what happened in the accident, how the other person caused it, and how you have been impacted.

Witness testimony is also often pivotal in proving a claim. Eyewitnesses to a car accident can offer facts and views of the defendant’s conduct that you had no ability to see. They will also add credibility to your testimony by backing up the facts you offer. If you did not speak to witnesses on the scene, our team can usually identify them by reviewing your police report.

Pictures of the crash can also be submitted in your claim. The photos you take of the scene, including the wreckage and your injuries, can add powerful context to the testimony you and other witnesses provide.

Call Our Merrillville, IN Car Accident Lawyers Today for the Legal Help You Deserve

For a free case evaluation with our car accident lawyers, contact Wruck Paupore at (219) 322-1166.