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How to Prove Fault in a Car Accident

When you’re struck by another driver, you’ll need funds to recover from your injuries and compensate any lost income while you were out of work. Unfortunately, the other driver might not be so willing to settle with you. They might even take it a step further and try to place the fault of the accident on you.

This can have a devastating effect on your claim. In Indiana, if you’re found even partially at fault for the accident, you might not receive the full compensation you need. If you’re considering filing a car accident claim, but you’re worried about proving fault, reach out to a qualified and experienced lawyer to help you fight for the compensation you deserve.

Evidence of Fault

Proving that the other person was at fault will be key, but to do that, you’ll need to gather evidence that clearly shows fault. This evidence might come from sources such as the police officer’s crash report or eyewitnesses to the accident.

Your crash report is available at police headquarters, or you can buy a copy online. This account of your accident will be useful, as it comes from an unbiased officer on the scene, who has the experience necessary to assess the auto wreck.

Any details about your accident can help as well. Someone might have witnessed the crash, for example, or your attorney might contact expert witnesses regarding the details of your injury. By building up your evidence, you can show that the other driver was clearly responsible.

Protecting Yourself from Blame

Although it’s important to focus on the other driver’s part in the accident, you’ll also need to focus on defending yourself from fault. The other driver’s lawyer might try to pin part of the responsibility on you, and if you don’t act to defend yourself, you could be putting your compensation at risk.

If you’re found partially at fault for an accident, your compensation will be reduced by the amount of fault you’re found responsible for. For example, you might have been hit by another driver, but you were texting while driving. You didn’t cause the accident directly, but by being distracted, you were unable to avoid it.

Because of this, you might be held responsible for 30 percent of the accident. In this case, you’ll only receive 70 percent of your total compensation, which means you could be paying for some of your damages without help. If you’re found more than 50 percent at fault, you could be barred from recovery.

A Lawyer Can Help Prove Fault

Proving that you weren’t at fault is vital in a car crash claim. Your compensation is on the line, and without it, you could have trouble fully recovering from your injuries. You’ll need someone with experience proving fault in motor vehicle accidents.

Fortunately, our car accident attorneys at Kooi Law can help. Get started with a free consultation, where our lawyers will explain the accident claim process, and how they can help you achieve a positive outcome. To get started, call 317-569-1335 or complete the online form below.

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