If you have been involved in a motor vehicle accident in Indiana, you need to understand the car accident laws in Indiana to ensure that your rights are protected. Whether you’re the victim of an accident or the driver at fault, it is important to know what your rights are and how the legal system works in Indiana. Contact a car accident lawyer at Team Green Law to learn more about your legal rights.
Is Indiana a no-fault or at-fault state for car accidents?
Indiana is NOT a no-fault state for car accidents. Indiana is an at-fault state. This means that the driver who is determined to be at fault in an accident is responsible for paying any damages. Unlike in no-fault states, drivers in Indiana are not limited regarding the filing of lawsuits to seek compensation for expenses and damages after an accident. These may include:
- Property damage sustained in the collision, including to vehicles, personal items in those vehicles, and other items
- Medical bills for anyone injured in the accident, including pedestrians
- Lost wages for those who suffered injuries in the accident
- Pain and suffering compensation for anyone who is injured
To learn more, give Team Green Law a call today.
Is Michigan a no-fault state?
Yes, Michigan is a no-fault state for car insurance. This means that drivers in Michigan have limitations on their ability to sue other drivers for medical expenses or other damages after an accident
Is Ohio a no-fault state?
No, Ohio is not a no-fault state. This means that the at-fault driver or their insurance company is responsible for damages and expenses incurred in an auto accident.
Is Kentucky a no-fault state?
Kentucky is a “choice no-fault” state when it comes to car accidents. This means that drivers can choose no-fault car insurance where their insurance policy covers losses after a car accident, no matter who caused the accident. Or, they may opt out of the no-fault system, which generally means they have the right to sue and recover from an at-fault driver after a car accident, subject to certain exceptions.
What are the car accident laws in Indiana?
According to the car accident laws in Indiana, you have the right to seek compensation if you are injured in a car accident due to someone else’s fault. You can seek monetary damages to compensate for medical bills, lost wages, pain and suffering, and other out-of-pocket expenses related to the accident. For more information, speak with a personal injury lawyer at Team Green Law.
Under Indiana law, you have a limited amount of time to take legal action and file a claim—this is known as the statute of limitations. The statute of limitations to file a personal injury claim in Indiana is two years from the date of the accident. In addition there is an additional notice requirement of 180 days if the claim is against a government entity. You should contact an experienced car accident lawyer immediately after your accident so that they can review your case and determine the best course of action for you.
Your rights may also be affected if you were partially or fully at fault for the accident. In Indiana, comparative fault is a factor when it comes to determining who is liable for an accident, as well as any damages that may be awarded. If you were partially at fault, your compensation could be reduced depending on how much blame is assigned to you. This is known as a modified comparative (more than 50%) negligence system, meaning drivers can’t collect any damages from the other parties if they were more than 50% at fault. If they were 50% or less at fault, drivers can collect damages minus the percentage that they were at fault. For example, if you were 40% at fault, you could recover 60% of the damages incurred by the crash.
Who is at fault in a car accident in Indiana?
Generally speaking, Indiana law says that the driver whose negligence caused the crash is at fault. For example, if the crash was caused by someone who was intoxicated, speeding, texting, or not paying attention, then they are at fault. In some collisions, more than one driver may be considered at fault for the accident. This is where Indiana uses modified comparative negligence and the 50% or less fault rule to help determine the percentage of compensation a driver is entitled. In the case of parking lot accidents, determining who had the right-of-way helps determine which driver is at fault. The percentage of fault is assigned by a jury at the conclusion of a trial. Want to learn more? Give Team Green Law a call today.
Who is at fault in a rear-end collision in Indiana?
The driver of the rear car is typically at fault for a rear-end collision in Indiana. According to the Indiana Traffic Code, motorists are prohibited from following other vehicles too closely and should allow enough distance to stop safely if the driver in front brakes unexpectedly. Although the driver of the rear car is often presumed to be liable, there may be exceptions in some circumstances, such as:
- The driver in front could be at fault if they stop suddenly in an active traffic lane or cut too close in front of another vehicle.
- A driver who is backing up may be responsible if they cause a rear-end collision.
- A third driver could be at fault if they hit the rear driver and pushed them into another vehicle.
- A pedestrian or bicyclist could be at fault if they illegally caused a motorist to slam on their brakes, leading to a rear-end collision.
- A car manufacturer could be at fault if a defective component failed and contributed to or was the cause of a rear-end accident.
- A third-party entity could be held responsible if road construction or missing signs contributed to the collision.
The right action to take in a rear-end collision is to call the police. If anyone has been injured, seek medical attention immediately. Even if there are no visible signs of injury, it’s always best to seek medical advice as soon as possible after an accident. In addition, filing a police report will provide an official document of the incident that can be used in any insurance claims or legal proceedings.
You should also collect as much evidence as possible at the scene of the accident. Take photos of the vehicles involved, take down contact information for any witnesses, and write down all details of the accident that you can remember. This information can be used to support your side in any legal proceedings or insurance claims.
What happens if you are at fault in a car accident?
In Indiana, if you are at fault in a car accident, you or your insurance company will have to pay for the losses of the other driver, passengers, and anyone else harmed by the accident, including things like car repairs, medical bills, lost income, and pain and suffering. Depending on the facts surrounding the accident, you may also face criminal charges, fines, and/or imprisonment.
How long do you have to file an accident report in Indiana?
Indiana law requires drivers to report accidents resulting in injury or death to law enforcement as soon as possible. If there were no injuries, you do not need a police report for an accident; however, it will be essential to file an accident report if you decide to pursue compensation for your damages at a later date.
What is the average settlement for a car accident in Indiana?
There is no easy answer to the question of an average settlement for a car accident in Indiana because so much depends on the circumstances of each case. Give us a call at Team Green Law for more information. An experienced car accident lawyer will seek to win compensation that will cover losses including:
- Hospital bills and ongoing medical care
- Health insurance payments
- Lost wages, including future earnings
- Pain and suffering
- Vehicle repair costs
Car accidents involving children can have long-term consequences and additional considerations. It is important that you speak with a car accident lawyer to learn more about a settlement for a child in a car accident given the potential for long-term health complications of a child.
What are the top 5 causes of car accidents?
Some of the leading causes of car accidents include:
- Speeding – driving at speeds above the posted speed limit or faster than conditions allow
- Reckless driving – including tailgating, running red lights, erratic lane changing, and failure to yield the right-of-way
- Distracted driving – cellphones, electronic devices, and anything that takes your attention away from the road
- Drunk driving – or driving under the influence (DUI) of alcohol or drugs
- Fatigue – drowsiness and exhaustion are linked to many car accidents every year
What happens if you are in an accident without insurance?
If you are in an accident without insurance in Indiana, and found to be at fault, you will be responsible for any damages caused—including legal fees and medical expenses among others. Whether you are knowingly or unknowingly driving without insurance, you will be subject to Indiana’s penalties for driving without insurance, including fines and the suspension of your driver’s license.
Can I lose my house due to an at-fault car accident?
Yes, it is possible to lose your house due to an at-fault car accident, depending on the circumstances of the accident. If you are found at fault, you could be held financially responsible for any damage related to the crash. This may include medical expenses, property damage, and other costs associated with the accident. Depending on the severity of these financial obligations, your home could be put at risk. However, it is important to remember that each situation is different and the outcome will depend on the facts of your case.
What is the hit-and-run law in Indiana?
Depending on the severity of the accident, drivers can face criminal penalties for leaving the scene (hit and run) of an accident in Indiana. According to Indiana law, drivers in an accident are required to:
- Stop at the scene or nearby
- Trade contact and registration information with the other driver
- Provide reasonable assistance
- Notify the police
The penalty for leaving the scene of an accident in Indiana is a felony if it involves injury or death, or if a driver intentionally fails to stop due to being intoxicated.
Team Green is a different kind of law firm. We’re not going to make you promises we can’t deliver on. This is our promise to you: we will guide you through the legal process, working with you through straight talk and personal attention, and we’ll work for you with smart, aggressive representation to get the settlement or judgment you deserve. Other lawyers show their case results on their websites, but not only does that imply results they can’t guarantee — it’s against the Indiana Rules of Professional Conduct (Rule 7.1  (2)). But you should know that the results of one successful case does not tell us what will happen with you. We will work with you to set realistic expectations of the timeline and money that could be recovered for your unique case.