Updated March 8, 2020
In the State of Indiana, you can make a successful claim even if you are at fault for the accident.
Accidents happen to the best of us and, despite our efforts, we’re not always operating at 100 percent. Even if you’re careful, you can still end up in an accident. Sometimes, you are at fault for the accident, meaning that something you did or didn’t do led to the incident. Or, it might be that you and the other person both could have been a little more cautious, and it might not be clear who is to blame.
The state of Indiana uses a legal defense called comparative fault when judging accidents. In comparative fault, the defendant’s and the plaintiff’s responsibilities for the accident in question are weighed against each other when making a decision in a trial. During the course of a trial, a jury, when presented with all of the facts from the accident, will come to a decision on the percentage of fault to be attributed to each party in the case. The percentage of fault determines how much money you would receive.
In an example, assume that the potential damages from an auto accident total $50,000. After going over the facts of the case, the jury decides that the defendant is 90 percent at fault for the accident and that you, the plaintiff, are 10 percent at fault. The amount of the damages is multiplied by the percentage of fault and distributed accordingly: In this case, you would receive 90 percent of $50,000, which is $45,000. The math works up to the point where the blame is exactly 50 percent for each party. However, in Indiana, if you are 51 percent at fault or more, you cannot recover damages.
In this way, it is absolutely possible to take a case to court (and even win) if you are at fault for an accident. The thing is, however, that you must not completely at fault for the accident, and there must be a sizable percentage of blame on the defendant’s shoulders too.
If you or a loved one have been injured as a result of another person’s negligence, you are urged to contact the Indianapolis Personal Injury Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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