Understanding Car Accident Laws in Indiana

Navigating the complexities of car accident laws in Indiana is crucial, as these laws directly influence the outcome of car accident claims. 

Here are some of the laws that your personal injury lawyer will have in mind when building a strong case on your behalf.

The ‘Fault’ Car Insurance System

In Indiana, the system used to determine financial responsibility in the event of a car accident is commonly referred to as a ‘fault’ or ‘at-fault’ system. Under this legal framework, the party who is found to be at fault for the accident, or their insurance company, is typically held liable for any damages or injuries that result from the incident.

This fault-based system essentially means that the person who caused the accident is responsible for compensating any other parties who were involved. In practical terms, it often results in the at-fault party’s insurance company making payments to cover medical bills, property damage, and other losses sustained by the victims.

Modified Comparative Negligence Rule

Indiana follows the “modified comparative negligence” rule, as delineated in the Indiana Code § 34-51-2-6. According to this rule, if you’re partially at fault for the accident, your award for damages may be reduced by your percentage of fault. If you’re found to be more than 50% at fault, you may not receive any compensation.

Statute of Limitations for Car Accident Claims

Also, if you want to present a claim to recover your losses, it’s essential to be aware of the time limit you have to sue the negligent party.

According to the Indiana Code § 34-11-2-4, there’s a two-year statute of limitations for filing a personal injury or property damage claim resulting from a car accident. You have two years from the date of the accident to file a lawsuit, and if you fail to file within this period, your case may not be heard in court.

What to Do After a Car Accident

Taking the right steps after a car accident can significantly impact your ability to recover damages. First and foremost, ensure everyone’s safety and call for medical help if necessary, report the accident to the police, and provide a detailed account of the event.

Gather evidence at the scene, such as photographs, and witness information, and note the conditions that might have contributed to the accident.

Remember, symptoms of specific injuries and economic damages may appear days or even weeks after the accident, and a personal injury lawyer can help you sue to cover all damages if possible.

Damages You Can Recover After a Car Accident Case

In a car accident case, you may be entitled to different types of damages. These include compensatory damages, which are further categorized into economic and non-economic damages. Additionally, in some cases, punitive damages may also apply.

Economic damages refer to tangible financial losses such as:

  • Medical expenses: Past, current, and future medical costs related to the accident.
  • Lost wages: Income lost due to time off work during recovery.
  • Property damage: Costs for repairing or replacing damaged property, like your vehicle.

On the other hand, non-economic damages, on the other hand, are intangible and pertain to the emotional and physical suffering experienced, such as:

  • Pain and suffering: Physical pain and emotional distress due to the accident and injuries.
  • Loss of companionship: Changes or losses in relationships due to injuries sustained in the accident.

If the at-fault party’s actions were particularly egregious or reckless, you might also be eligible for punitive damages, as stated in Indiana Code § 34-51-2-7.

Why Do You Need a Personal Injury Lawyer to Handle Your Case?

Navigating the aftermath of a car accident can be complex, making the role of a personal injury lawyer critical. 

At our law firm, we can help you identify all potential sources of liability, accurately estimate the value of your claim, and negotiate with insurance companies on your behalf. 

Furthermore, your lawyer can prepare and present a compelling case should your claim go to court. 

FAQs Related to Muncie Car Accident Cases

Navigating the aftermath of a car accident can raise many questions, and understanding your rights and the legal processes involved is vital to ensuring a fair recovery. Here, we’ve compiled some frequently asked questions related to car accident cases to help you make informed decisions:

Is Indiana a No-Fault State for Car Accidents?

No, Indiana is not a no-fault state. It follows a traditional fault-based system, which means that the person responsible for the accident is also liable for any resulting damages.

Therefore, the person who caused the car accident is held financially responsible for any resulting damages, including medical bills, lost wages, and property damage.

Can You Sue for Pain and Suffering in Indiana?

Yes, you can sue for pain and suffering in Indiana. These non-economic damages refer to the physical pain and emotional distress a victim endures as a result of an accident. 

To claim these damages, you must provide evidence of your suffering, which can be established through medical records, psychological evaluations, and testimony from friends, family, or a mental health professional.

As a recognized law firm in Muncie, Christie Farrell Lee & Bell is dedicated to providing comprehensive legal support to car accident victims. Our team of personal injury lawyers leverages their decades of experience, expertise, and resources to fight for your rights and secure the maximum compensation you deserve.

Don’t let the complexities of your case hinder your recovery. Let our dedicated team handle your case while you focus on healing. Contact us today for a free consultation and let us guide you on the path to justice and recovery.

Our lawyers that handle these types of cases

Lee C. Christie

Lee C. Christie

Katherine M. Marshall

Katherine M. Marshall