Indiana follows a legal doctrine that can significantly affect the ability of an auto accident victim to recover damages. Under the modified comparative fault rule, you can recover compensation for your injuries and losses only if you are found to be 50 percent or less at fault for the accident. If you are determined to be 51 percent or more at fault, you are completely barred from recovering any damages from the other party or parties to the accident. 

Even if you are less than 51 percent responsible, the modified comparative fault rule will reduce your compensation in proportion to your degree of fault. For example, if you are found to be 30 percent at fault and your damages total $100,000, you can receive only $70,000. This rule applies not only in court, but also during insurance claims, making it a central issue in every stage of the claim process.

As such, accident victims seeking damages must do more than simply prove another party’s fault. They must also defend against efforts to shift the blame to them. Plaintiffs’ attorneys in Indiana employ several strategies to ensure their clients are not assigned a fault percentage of 51 percent or greater. Attorneys collect and preserve key evidence, such as police reports, crash scene photographs, traffic camera footage and witness statements. In addition, attorneys may engage accident reconstruction experts who use scientific principles to analyze skid marks, the angles of impact, vehicle speeds, and more to provide an unbiased assessment of fault. Their findings can be essential in refuting inflated fault claims by the opposing party. Challenging the insurance company’s assignment of fault can be vital, since insurers can attempt to minimize payouts by exaggerating the plaintiff’s responsibility.

There must also be direct proof that the accident was caused by the fault of the defendant, such as by speeding, texting, running a red light or otherwise violating traffic laws. A plaintiff’s attorney can also show the fault was shared by a third party, whether that is another driver or a municipality that allowed unsafe road conditions to persist. Allocating a share of fault to these parties can further reduce the plaintiff’s own fault percentage, improving the chances of recovery.

Even a small shift in fault percentage can be the deciding factor between securing compensation for your injuries or receiving nothing at all. An experienced Indiana auto accident attorney can utilize every available strategy to ensure their client’s share of fault stays below the crucial 51 percent threshold. 

The law firm of Rubino, Ruman, Crosmer & Polen in Dyer concentrates its practice in personal injury cases across Indiana. Set up a free consultation by calling 219-227-4631 or contacting us online.