In Indiana, where they use a ‘comparative fault’ concept of holding each party responsible for the accident at fault? Their responsibility or limit of damages is restrained by their amount of fault. Thus, having an Indiana Car Accident Attorney involved from the start of the accident investigation is paramount. State or Local law enforcement will do their best to investigate the crash and will be prepared to present their case in court if needed. The insurance companies will have well prepared and trained attorneys to represent their interests. They certainly do not want to hand out money or set precedence if they do not have to. Without a well-versed and able Indiana car crash lawyer to protect their interests, the driver is left to fend for him or herself.
If you or a loved one has been injured in a car accident, contact our Indiana Car Accident Attorney now!
In most cases soon after a car accident the police or an accident investigator response to the scene and starts an investigation. If the accident involves a truck the state department of transportation might also investigate. If there is hazardous waste involved, the fire department will assist. If the wreck is serious, investigators may close the road and take measurement, pictures and statements from witnesses to help determine fault.
What you may not know is that sometimes the insurance company’s opinion may override the auto insurance claim report. While this does not happen often, it can happen. In addition, insurance companies do not take this responsibility lightly. Representatives of the insurance companies are well trained to investigate accidents and make these rulings. In most cases the rulings benefit the insurance companies, not the parties involved in the accident. Keep in mind that usually two different (or more if it is a multi-vehicle wreck) are involved in these types of situations.
Determining Accident Fault through Investigating
One of the first aspects of determining fault is to analysis what the drivers were doing at the time of the accident.
Here are some examples of the Indiana driver duties or responsibilities pertaining to safety:
- Cell phone use
- Alcohol or Drugs
- Speeding
- Unsafe vehicle equipment
- Not obeying traffic controls
The accident lawyer and investigator will determine:
- Did the driver “breach” any of those duties?
- What actually caused the accident
- Who or what is also at fault or could be held responsible for the damages
Sometimes even if the driver appears to be at fault for the car accident, that is not the case. For example, if a drunk driver is on the highway and is struck head on by someone driving on the wrong side of the road, which is at fault? The drunk driving condition of the one driver might not even be introduced as evidence. The drunk driver might have made it home safely if the driver breaking the traffic laws had not hit him.
An Indiana accident lawyer can help determine who is at fault. Depending on the investigation and faultfinding procedures, your expenses could be covered by the other driver’s policy. However, this does not always happen. That is why if you were injured you may need to seek legal action to recover your expenses for damage to the vehicle and medical bills. If you are approached by the other driver’s insurance company about a possible settlement DO NOT agree to anything until you have consulted with your own accident attorney.
These articles are for the benefit of our readers including those from other states besides Indiana, and might not pertain to, or reflect the laws of Indiana or the practice areas of The Garrison Law Firm.
