A car collision brings about physical, mental and even emotional suffering to victims. To compensate for their suffering, they are well within their right to seek payment for the financial costs they incur on their road to recovery. However, before pursuing compensation, understanding the factors that determine liability in an accident is crucial.
This is because these factors play a vital role in determining who is responsible for the accident and the resulting damages.
Factors that determine liability in an accident
The assignment of liability can help the state determine who is responsible for the accident. It can also pinpoint the at-fault driver to pay for the damages suffered by the victim. To assign liability, the court considers several factors, including:
- Negligence: This refers to the party at fault acting negligently by failing to exercise reasonable care while driving.
- Traffic laws: Violations of traffic laws, such as speeding, running a red light or not yielding the right of way, can establish fault.
- Evidence: This can include eyewitness testimonies, police reports, photographs of the accident scene, and other information that play a crucial role in determining liability.
In Indiana, the modified comparative fault rule is followed, which means that when both parties are partially at fault, it can impact the amount of compensation they receive. Under this rule, claimants are unable to recover damages if their share of fault is greater than that of the other party. To successfully file a personal injury claim, the claimant must be found less than 50% at fault. In cases where both parties are at fault, the amount of damages they can recover will be reduced in proportion to the degree of fault assigned to each party, as long as the claimant’s fault does not exceed 50%.
Pursuing means to compensate for damages
In the pursuit of compensation, victims can have a fair projection of the amount they can obtain. However, it is important to note that courts can adjust the amount based on the degree of fault assigned to each party. Additionally, dealing with the medical bills and other costs of a car accident can be stressful for victims. So, victims of car accidents should consider consulting an attorney experienced in handling car accident cases.