December 18, 2024
If you’ve been in a car accident, you might wonder who is at fault for the accident, and how it will affect your insurance. If you think the other party is at fault, it might also make you wonder whether you should pursue compensation.
Most personal injury claims — including those related to auto accidents — settle outside of court. Which means how the car insurance adjusters determine fault after an accident occurs and what compensation they approve can have a big say in whether you have to go to trial.
The Elements of Fault in a Car Crash
The legal definition of fault is a wrongful or improper act or omission that causes harm to another person.
In the case of an accident, sometimes the at-fault party is pretty obvious. For example, if someone runs a red light and hits you as you pull out into the intersection as your light turns green, that person will probably be found at fault. However, if the accident happens at night and your headlights were burned out, you might be found, at least, partly responsible.
Is Indiana a No-Fault State?
Indiana is a fault state. This means that you can file an insurance claim and pursue compensation from the person who caused the accident. The trick is, you have to prove that they’re the at-fault party, and to what degree.
Determining Fault
After the crash, insurance adjusters will investigate the accident to determine who is at fault. As every accident is unique, they will review several aspects of the incident, including:
- Police reports
- Witness statements
- Physical evidence
- Pictures or video footage
- Road and weather conditions
- Traffic laws and regulations
- Driver behavior
Driver behavior is a factor that often gets overlooked at first. You can still be found at fault even if you were following the letter of the law, but didn’t take care to adapt to your surroundings or take reasonable steps to protect other drivers.
For example, if you’re driving down a busy highway going 10 miles over the speed limit. Another car pulls out from a parking lot into your lane, and you crash into them. While they failed to yield the right-of-way, you could potentially also be found partially at fault for going too fast.
Comparative Fault
Indiana follows a rule known as comparative fault, which essentially means multiple people may be responsible for the crash. Comparative fault takes this into account by allowing adjusters to assign a percentage of fault to each individual involved in the crash or incident.
In order to recover compensation for an accident claim, you cannot be more than 50% responsible for the incident. If you are found 51% (or more) at fault, you will not receive any compensation.
Who Is at Fault in a Rear-End Collision?
Indiana’s traffic code prohibits drivers from following other cars too closely by requiring they allow enough distance to stop if a car brakes unexpectedly. But that doesn’t automatically mean the rear driver is always at fault.
When determining fault, an insurance adjuster will consider things like weather conditions and driver behavior. For example, you could be found at fault for a rear-end collision if you stop suddenly in the middle of rush hour traffic, or if you’re backing out of a parking space into a busy street.
How a Car Accident Attorney Can Help
If you’re dealing with car insurance adjusters, keep in mind they will try to act in the best interests of the insurance company. That means they have an incentive to not award you enough money to repair the property damage caused by the accident, or compensate you for medical bills or pain and suffering.
If you’re in a situation where you don’t believe you’re being fairly compensated, an accident attorney can help you:
- Collect and locate evidence by examining police reports and eyewitness accounts
- Thoroughly document any injuries sustained in the accident
- Investigate the crash circumstances and the sequence of events leading to it
- Identify the party responsible for the accident
- Develop a strategy to pursue compensation
- Communicate with insurance adjusters, attorneys, and others on your behalf
- Negotiate for you and represent you in a court of law
Hiring an attorney might sound unnecessary, especially if your accident was minor. However, some injuries may not fully manifest for weeks or even months after the accident; and if you take the first amount the insurance company offers, you might be on the hook for huge medical bills you didn’t expect without any ability to receive appropriate compensation.
Also keep in mind that insurance adjusters are not in the business of charity; they will try to pay out the lowest amount possible. So while you may want to accept a check and get on with your life, you are more than likely leaving money on the table.
At BB&C, we take pride in being some of the best car accident attorneys in Indiana. If you’ve been in a car accident, our team can develop an action plan and help you recover the compensation you deserve. Reach out today to see how our attorneys can help you recover and move on after a wreck.
Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.