Bloomington Car Accident Lawyer
Nobody expects to be injured in a Bloomington car accident, but collisions happen more often than you might think. If another party caused the accident in which you were injured, you deserve to seek financial compensation. An experienced Bloomington car accident lawyer at our firm can help.
Common Causes of Bloomington Car Accidents
Our firm assists injury victims with car accidents with a variety of causal factors. Some of the most common reasons for Bloomington car accidents include:
- Distracted driving, which can include any behaviors that take your hands, eyes, or mind away from the task of driving such as texting while driving or engaging in a heated conversation with another vehicle occupant;
- Aggressive driving, which can include anything from running a red light to tailgating;
- Intoxicated driving, which can involve driving under the influence of alcohol or drugs; and
- Drowsy or fatigued driving, which can occur anytime a motorist does not get enough rest before getting behind the wheel of a car.
Sometimes causes beyond driver error can also be responsible for car crashes in Bloomington. For example, a defective auto part might mean that a designer or manufacturer of a car part is liable for your injuries. Or, for example, a damaged roadway might mean that the property owner is responsible for the collision.
How Comparative Fault Might Impact Your Bloomington Car Accident Lawsuit
What will happen if the at-fault driver argues that you are also partially at fault for the car accident? When a defendant argues that the plaintiff is also at fault, such allegations raise the issue of comparative fault.
Indiana follows what is known as a modified comparative fault rule. According to Indiana’s comparative fault law, a plaintiff is permitted to recover damages as long as that plaintiff is not more than 50 percent responsible for the accident or for the severity of the injuries. Once a plaintiff is found to be more than 50 percent at fault—in other words, 51 percent or more responsible—the plaintiff is barred from recovery. Assuming the plaintiff is 50 percent or less at fault, that plaintiff will recover damages but the total award will be reduced by the plaintiff’s percentage of fault.
For example, if a court says that you are 10 percent responsible for an accident because you were speeding at the time a drunk driver collided into your car, your damages award will be reduced by 10 percent. If the court originally awarded you $50,000, your damages award would be reduced by 10 percent of $50,000 (or $5,000), and you would recover a total of $45,000. However, once the court says you are 51 percent or more to blame, you cannot recover anything.
Contact a Car Accident Lawyer in Bloomington, IN
Do you need help with your car accident claim? You should know that one of the dedicated Bloomington car accident lawyers at our firm can begin working with you on your case today. From negotiating with the insurance company for a fair settlement to filing a lawsuit against the at-fault driver in court, our legal team will advocate for your right to compensation every step of the way. Contact the office of Indianapolis Injury Lawyers today for more information.