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Being found at fault for a car accident doesn’t entirely rule out the possibility of recovering compensation or reducing your liability. With the guidance of an experienced Indianapolis car accident lawyer, there are still strategies you can use to protect your rights and build a strong defense.
Let’s explore the steps you can take to strengthen your position after an at-fault car accident.
How to Protect Your Rights After an At-Fault Car Accident in Indiana
In Indiana, car accidents are more common than you might think. In the last year alone, there were 206,923 collisions across the state’s counties, according to the Indiana Traffic Safety Report. If you were involved in one of these accidents and are at risk of being found at fault, our experienced car accident attorneys recommend the following actions to safeguard your legal rights:
Gather All Available Evidence Immediately
Collecting evidence is necessary for defending yourself in any car accident case, but this step becomes even more important if you’re considered at fault. Gather all available evidence at the accident scene and collect the relevant documentation, including:
- Photos and videos of the accident scene
- Dashcam footage, if available
- The official police report
- Witness statements
- Medical records and bills
By gathering all relevant evidence, you’re laying the groundwork for stronger defenses in future legal processes. Besides contesting liability or reducing your share of the blame, gathering comprehensive evidence also simplifies the steps in a personal injury lawsuit, streamlining and strengthening the overall process. This potentially reduces delays or disputes over key facts.
Avoid Admitting Fault at the Scene
When emotions are running high immediately following an accident, it’s easy to apologize or take responsibility, but doing so can severely impact your case. Even seemingly harmless statements (such as saying “I’m sorry”) can jeopardize your claim.
Insurance companies are quick to use any admission of fault to their advantage. Additionally, from a legal standpoint, once you’ve admitted fault it can be very difficult to undo that statement. So, it’s crucial to consult with an experienced lawyer before making any statements and let the facts of the accident be determined through proper investigation.
Immediately after the accident, provide accurate information to the police but avoid any phrasing that implies responsibility for the crash. Instead, focus on collecting evidence and exchanging information with other involved drivers.
Types of Car Accidents and Their Impact on Fault
The type of accident you were involved in can affect how fault is determined. Here are some common examples:
- Rear-End Collisions: Usually, the driver who hits another vehicle from behind is at fault, though exceptions exist.
- Side-Impact and T-Bone Accidents: Fault depends on whether one driver ran a red light or failed to yield.
- Head-On Collisions: Often result in shared fault if both drivers contributed to the crash.
- Single-Vehicle Accidents: Fault may be determined by road conditions or driver error.
- Hit-and-Run Accidents: If the other driver leaves the scene, your insurance might cover the damages.
Knowing the type of accident you were involved in can help guide your defense and legal strategy.
The Role of an Attorney in Protecting Your Rights
As soon as you find yourself in an accident where you may be at fault, consulting with a knowledgeable car accident attorney is one of the most important actions you can take.
An experienced injury attorney can guide you through the complexities of the claims process and help protect your legal rights. They will work to minimize your liability and assess potential defenses that could reduce the amount you’re at fault. They also ensure that insurance companies do not take advantage of your situation by offering unfair settlements or using tactics to reduce your compensation.
At Christie Farrell Lee & Bell, our legal team has decades of experience handling personal injury cases in Indiana. We can help you with all aspects of your claim—from assessing your liability and investigating the case to preparing strong defenses and negotiating with insurers. Let us take care of the legal aspects while you recover from the accident.
Prove Comparative Fault in Indiana
Indiana’s comparative fault law (as per Indiana Code § 34-51-2) can work to your advantage if you’re partially responsible for the accident. Under Indiana’s comparative fault law, as long as you’re found to be less than 51% at fault, you can still recover compensation.
However, the compensation you receive will be reduced by your percentage of fault. For instance, if you’re deemed 30% at fault and awarded $100,000 in damages, you would receive $70,000.
Working with an experienced attorney is key to minimizing your fault in the accident. Your lawyer can help gather evidence, challenge the other party’s claims, and work to prove your percentage of responsibility is lower than initially assessed, thus increasing the chances of recovering a fair amount.
Insurance Company Tactics and Negotiation
Insurance companies often try to settle claims for the lowest possible amount, and when you’re at fault, they may use your admission of liability to their advantage. They may offer you a quick settlement that doesn’t adequately cover your damages or injuries, or even deny your claim altogether.
Having a lawyer by your side can make all the difference when negotiating with insurance companies. Your attorney can help you understand the true value of your case and ensure that you don’t accept a settlement that’s too low. They’ll advocate for you throughout the claims process, helping you get a fair settlement that accounts for all your injuries, damages, and financial losses.
Negotiating With Insurance Companies
Insurance companies often attempt to settle claims for the lowest possible amount. Especially if you’re found to be at fault, insurance adjusters may use your at-fault status to offer a reduced settlement or even deny your claim.
Because of this, having a lawyer by your side to handle communications with the insurance company can make all the difference. We can negotiate a fair settlement that takes into account all your injuries, damages, and financial losses, protecting you from being taken advantage of by insurance companies.
Challenge the Accuracy of the Police Report
The police report is a key piece of evidence to determine fault after a car accident. However, it’s not uncommon for these reports to contain inaccuracies or incomplete information.
If the police report wrongly attributes fault to you, we can challenge this finding to avoid insurance companies or courts assigning more blame to you than is warranted. To do so, our legal team will review the report, gather independent evidence, and collect witness statements to build a case that disputes any inaccurate conclusions.
Get Medical Treatment and Document Injuries
Regardless of how minor your injuries may seem after the accident, seek medical treatment immediately, as many injuries (such as whiplash injuries or internal trauma) can take time to manifest. Additionally, having a medical professional assess your condition helps you obtain proper documentation of your injuries.
This documentation will serve as critical evidence if you decide to file a personal injury claim. On the other hand, failing to seek medical treatment after the accident can lead to claims from the opposing party that your injuries weren’t caused by the accident or that they aren’t as severe as you claim.
Stay Off Social Media
Anything you post on social media can be used as evidence against you in court. Insurance companies and opposing counsel may search your social media profiles to find posts undermining your claims.
For instance, if you post photos or updates that contradict the severity of your injuries, it could be used to reduce your compensation. So, refrain from posting anything about the accident or your health until your case is fully resolved.
Dispute Damages Claimed by the Other Driver
It’s not uncommon for the opposing party to attempt to maximize their compensation by overestimating damages. If the other driver is inflating their claim, we can dispute their demands.
At our law firm, we work with expert witnesses or accident reconstruction specialists to question the validity of those claims during negotiations or in court. Additionally, challenging exaggerated claims can help reduce the amount you’re liable to pay.
How Long Does It Take to Settle an At-Fault Car Accident Case?
The time it takes to settle an at-fault car accident case varies greatly. Depending on the complexity of the case and the degree of fault being disputed, the settlement process can take anywhere from a few months to over a year.
If you’re wondering how long a car accident settlement takes, we can assess your situation and provide an estimated timeframe during a free consultation.
Contact an Indiana Car Accident Lawyer for a Free Consultation
Especially if you’re at risk of being found at fault, consulting an expert after a car accident is essential. Contact us today to schedule your free consultation and discuss your case with a local car accident lawyer.