When a car accident happens, you may find yourself contemplating what next steps you should take. Whether you are researching lawyers in your area who handle personal injury suits, dealing with insurance claims, handling medical debt, and/or thinking about what claims to bring in a lawsuit, these are just a few of the things that you may be juggling. Knowing what your options are in a lawsuit, the deadline for filing a lawsuit, and other factors can be critical to recovering the damages you deserve after a car accident.
A recent news report revealed the details of a tragic accident in Fishers, Indiana. According to the report, a 2009 Toyota and a 2011 Toyota were involved in the crash, and there were three victims, one of whom was pronounced dead at the scene. The drivers of both vehicles were taken to a local hospital with serious injuries. The crash is still under investigation.
Indiana’s Negligence Laws for Car Accidents
Generally, negligence means that a person (in this case, a driver) had a responsibility or a duty of care to keep others safe, but failed to abide by the duty of care, which resulted in harm to others. There are elements that must be proven in order for a court to find that a driver was negligent, which includes a duty of care, breach of the duty, causation, and damages. In the state of Indiana, a modified comparative fault rule is applied. This means that a plaintiff can recover damages from a car accident as long as they are found less at fault for the car accident than the defendant. In response, the court will reduce the damages the plaintiff recovers according to the percentage of blame assigned to the plaintiff.