When another driver’s reckless behavior forces you into a crash, determining liability is complicated. These situations involve third-party negligence, where the driver who initiated the dangerous situation may be liable, even if they didn’t directly hit another car. Understanding how liability works in these cases is critical for seeking compensation.
An Indianapolis car accident lawyer from Christie Farrell Lee & Bell can help determine liability, gather evidence, and represent your interests in these complex cases. Here, we’ll cover who may be liable, how to prove fault, and legal strategies for recovering compensation after being forced into a crash.
Who Is Liable If Another Vehicle Causes You to Crash?
Determining liability in these cases depends on multiple factors, including the role of the at-fault driver, the number of vehicles involved, and whether the negligent party can be identified. Key considerations include:
- The role of the phantom driver: If the vehicle that caused the accident fled the scene, this can complicate liability. This means your insurance coverage, particularly uninsured motorist coverage (UM), may come into play.
- Comparative fault: Indiana follows a modified comparative fault rule, as per Indiana Code § 34-51-2. This means that if you’re found less than 51% at fault, you can still recover damages, but your compensation will be reduced based on your percentage of fault.
- Multiple-vehicle chain reactions: If another driver’s reckless actions set off a chain reaction, multiple parties may share liability. Sorting out insurance claims in multi-vehicle accidents requires extensive investigation.
Having strong legal representation is crucial in these cases. An attorney can gather evidence, prove fault, and identify all liable parties to hold them accountable. Without legal help, you could risk paying out of pocket for damages, even if another driver’s reckless actions were the primary cause of the crash.
What Should You Do at the Scene of the Accident?
Taking the right steps immediately after an accident is essential if another vehicle has forced you into a crash. Here’s what you should do at the scene to support your insurance claim and legal case:
- Gather evidence: Take photos and videos of all involved vehicles, any skid marks, road conditions, and damage sustained.
- Get witness statements: Bystander testimony can be crucial in proving another driver’s negligence.
- Obtain a police report: Indiana Code § 9-26-1 requires reporting accidents involving injury or significant property damage.
- Identify the phantom driver: If a phantom driver was involved, record any possible details, such as the vehicle description, license plate number, or dashcam footage that captured the incident.
Can You File an Insurance Claim If the At-Fault Driver Left the Scene?
If the driver responsible for the accident flees, recovering damages may still be possible. Options include:
Uninsured Motorist Coverage (UM Coverage)
Uninsured motorist (UM) coverage is designed to protect you in hit-and-run situations. Indiana law requires insurance providers to offer UM coverage, though drivers can opt out in writing.
If you have UM coverage, your medical expenses, lost wages, and property damage may be covered even if the at-fault driver cannot be located.
Filing a Claim Against the Remaining Driver(s)
If multiple vehicles are involved in the crash, other drivers may share liability based on their actions. For example, if one driver suddenly brakes and forces you into another car, both the reckless driver and the driver you hit could have partial fault.
Because Indiana follows a comparative fault rule and allows for shared liability, you can file insurance claims against multiple parties.
An attorney from our team can help determine who’s responsible and ensure you aren’t unfairly blamed. During a free consultation, we can discuss how to file a car accident claim in Indiana and evaluate your options for securing compensation.
How Multiple-Vehicle Accidents Complicate Liability
When multiple vehicles are involved in a crash, determining fault becomes more complex. Liability may be split among several drivers, and insurance companies often dispute responsibility. Common scenarios include:
- Sudden brake-checks: A driver abruptly stops, forcing you to swerve and collide with another vehicle.
- Improper lane merging: A driver cuts into your lane without signaling, causing a chain reaction accident.
- Hit-and-run incidents: The at-fault driver leaves the scene, making it harder to establish liability.
To prove liability in these cases, we conduct a thorough investigation to collect comprehensive evidence, including:
- Traffic camera footage
- Eyewitness statements
- Accident reconstruction specialists’ analysis
- Police reports
This evidence helps establish fault, proving that another driver’s reckless actions caused the crash. By demonstrating that you were not responsible, we protect you from unfair liability and ensure insurance companies or other drivers don’t wrongfully hold you financially accountable. If applicable, we also explore compensation options for your damages.
How an Attorney Can Help With Third-Party Liability Cases
If another vehicle caused you to hit another car, Christie Farrell Lee & Bell can help you build a strong case, minimize or avoid your assigned liability, and fiercely protect your rights. Here’s what we offer:
- Gathering evidence: Our attorneys collect surveillance footage, police reports, eyewitness statements, and expert testimony to prove fault, build a strong case, and clearly establish how the accident occurred.
- Handling insurance disputes: Insurers may shift blame or deny coverage to reduce payouts. We negotiate on your behalf to ensure a fair outcome and protect you from unwarranted liability.
- Filing a lawsuit if needed: If the at-fault driver flees or insurers refuse to pay, we take legal action, presenting solid evidence in court to defend your rights and recover damages.
Contact an Indiana Car Accident Lawyer for a Free Consultation
Accidents involving multiple parties require skilled legal guidance. At Christie Farrell Lee & Bell, we bring over 40 years of experience handling challenging accident cases in Indiana. Our team manages every aspect of your claim, from legal paperwork to meeting deadlines, so you can focus on recovery.
You can schedule a free case review with us to know what to expect and your claim’s potential value. During this consultation, one of our attorneys will evaluate your case, explain your rights, and outline the best legal strategy to move forward.
Don’t leave your financial recovery to chance. Contact an experienced Indianapolis car accident lawyer today for a free case review!