What you’ll learn reading this article:
- Determining liability in Indiana head-on collisions is harder than it seems.
- Indiana is a modified comparative fault state where establishing fault is particularly important.
- Head-on collisions are complex accidents and it’s essential to have a great lawyer.
After a head-on collision in Indiana, everyone searches for answers about how it happened. The injured victim, who will be lucky to survive this type of catastrophic car accident, inevitably wants to know why they were hit and who’s responsible.
But it can be tricky to establish the facts of the case, especially when the other side is trying to pin the blame on you. Head-on collisions aren’t always as clear-cut as they might seem.
How Fault is Established After a Head-on Collision
In Indiana, we have a negligence system that is based on finding fault and is referred to as “modified comparative fault.” It means liability can be held by one or more parties involved in an accident and to receive compensation, an individual must be responsible for less than 51% of the accident.
As you can imagine, this creates a lot of finger-pointing after Indiana car accidents. Nobody wants to take more than half the blame because they’re afraid of being held criminally or civilly responsible.
The police will investigate the cause of the head-on collision and typically do things like taking crash scene photos, consulting with accident reconstructionists, and interviewing witnesses. Don’t expect the police to take sides in your accident because their role is primarily to create a record of what happened.
Unless the accident involves criminal charges, the police don’t usually take further action other than providing a copy of the police report at your request. Much of the burden is on you to preserve evidence from the scene of the accident.
This leads to the next step – making an insurance claim. Unfortunately, insurance companies tend to initially deny accident claims, blame the victims, and make minimal offers hoping you’ll just give up. Hiring a lawyer helps you move your case forward.
The Vital Role of Your Car Accident Attorney
When you hire a car accident attorney, you bring a whole new level of investigative expertise to the situation. A car accident attorney starts their own investigation separately from the police and insurance investigations.
To establish liability and support a successful insurance claim, you and your attorney need to provide compelling evidence that backs up your story and proves your damages. This evidence may include photos, videos, medical records, medical and car repair bills, witness statements, expert testimony, and more.
Because a head-on accident involves complex circumstances, your lawyer may hire an accident expert to clarify what happened. They can also demand nearby traffic and surveillance camera footage, which can be the key to unlocking a valuable insurance settlement.
Plus, an experienced car accident attorney knows how to minimize your costs and maximize the value of your claim, ultimately putting more money in your pocket. They can negotiate your bills down with medical providers, place a proper value on your pain and suffering, and ensure your case is presented clearly and professionally.
Hiring a car accident attorney comes as a huge relief when you’re trying to rest and heal from your accident injuries. Here at Poynter & Bucheri Accident Recovery, we focus on helping our clients recover from accidents so they can move forward with their lives.
A head-on collision is extremely traumatic, but it doesn’t have to ruin your life. Please contact us for a free case review because we’re here to help you!
Poynter & Bucheri Accident Recovery – Indianapolis Personal Injury Attorneys
If you or a loved one has been injured physically or mentally by a person, product or company, you need to know your legal rights. Our personal injury attorneys are experienced with cases like yours and can evaluate what your case may be worth.
We will ensure that you are protected and compensated for your injuries and losses. Why pay up to 40% in attorney fees? Our fee is only 25%* and we fight to win your case or you pay no attorney fees at all. Don’t hesitate – one of our experienced attorneys can assist you right away. Call 1-800-265-9881 for a free case review.