Whenever a vehicle collision occurs, it is common for the two sides to play the blame game. It can be difficult to identify liability in Terre Haute car accident claims. Fortunately, we have experienced car accident attorneys on hand to represent you.
A few states follow the contributory negligence system but most of them now follow comparative negligence. Indiana used to be a contributory negligence state, which meant if a person is even slightly at fault, then there is no financial recovery.
The state decided this system was not fair to the injured party, and switched to the comparative negligence jurisdiction, which means juries are required to look at the totality of the fault. In the “modified” comparative system, plaintiffs cannot recover at all if they are more than 50% liable.
There are a few exceptions to comparative fault if a government entity is involved. However, for the typical car accident involving in Terre Haute, comparative fault controls the determination of liability.
If it is determined that both parties were partially at fault for the collision, then the fault of the plaintiff diminishes the value of the claim. For example, if it was determined that the injured plaintiff had damages that should be valued at $100,000, and the defendant was 100% at fault, then the damages award would be $100,000.
If the defendant is determined to have caused 75% of the fault and the plaintiff caused 25%, then the recovery will be $75,000. If the defendant is 50% at fault and the jury finds the plaintiff at 50% at fault, then the award would be $50,000 in damages.
On the other hand, if the jury finds the plaintiff was 51% or more at fault, then there is no recovery for the plaintiff in that situation.
One major factor that a jury or an initial evaluation of the case can use to determine liability is whether there were witnesses. Do the witnesses confirm what one driver said, as opposed to another one? If there are witnesses who can testify about the speed of one or more of the vehicles, or if either party admits their speed, that could be taken into consideration.
Another major factor is property damage, which can, at times, show who was at fault . For example, if someone is stopped at the stoplight and they are rear-ended, the vehicle damage will usually show that the person from behind hit the back of the other car. If there is a crash at a four-way stop, and both parties claim they arrived first and had the right-of-way, the vehicle damage can also point to liability. A Terre Haute attorney might want to hire a reconstruction expert to examine photos from the scene and determine who was at fault.
If the weather conditions were bad, motorists should be changing the way they drive to adapt. For example, if it is icy or snowy out, they must drive slower and more carefully than they would otherwise; and if one of the drivers was not doing that, it would be seen as negligent.
The credibility of the plaintiff and defendant can also play a role. Someone may appear less credible to a jury if they seem unsure, confused, changed their story, or even have a criminal record. Regardless of actual fault, some people make better impressions than others. If a person is more likable and seems more honest, then it is more likely a jury may believe their side of the story over someone who comes across as confrontational and unlikable.
There are many factors that can affect the allocation of fault for a motor vehicle crash, and the percentage of fault can have a huge impact on how much you are able to recover. The personal injury lawyers at Fleschner, Stark, Tanoos & Newlin can explain how liability plays a part in Terre Haute car accident claims. Please contact us today and learn how you can get your life back on track.
Fleschner, Stark, Tanoos & Newlin
The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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