Indiana Car Accident: A Close Look at Negligence Laws

When you've been involved in an Indiana car accident in which you may have been partially at fault, you might be eligible to collect damages in a personal injury claim, according to Indiana's comparative negligence system.

4 Types of Negligence Laws

There are basically 4 types of negligence laws, and Indiana follows the modified comparative negligence -- 51% rule: 

• Modified comparative negligence -- 51% rule: If the plaintiff is partially at fault for the car accident, his or her percentage of fault must be below 51% to receive compensation.
• Modified comparative negligence -- 50% rule: The plaintiff can collect compensation as long as his or her percentage of fault is less than 50%.
• Pure contributory negligence: The plaintiff won't be able to collect any compensation if he or she is partially at fault. Even if the plaintiff is 1% at fault, compensation will be denied.
• Pure comparative negligence: The plaintiff can collect compensation, no matter what percentage of fault he or she has been assessed in the accident. The plaintiff could be 99% at fault and still collect. 

Because Indiana follows a modified comparative negligence system, you must prove that your percentage of fault is 50% or less to recover damages. Proving fault is a task best suited for an Indianapolis personal injury lawyer.  

A Helping Hand from an Indianapolis Personal Injury lawyer

When you have complications with your personal injury claim, an Indianapolis personal injury lawyer can help you to alleviate some of the stress and anxiety associated with filing a claim. In order to get back on track with your personal injury claim, order a copy of our FREE book, Consumer's Guide for Injured Victims, and then contact a personal injury attorney at the Hensley Legal Group for a no-cost consultation - 888-505-8232.