How does liability for a car accident get determined?

In Indiana, the determination of liability for a car accident is based on fault. The law in Indiana is based on a system of comparative negligence, which means that the court and jury assess fault for the accident between the parties and assign a percentage of fault to each. The amount of fault assigned to each party is then used to decide the financial responsibility for any damages or injuries that were suffered in the accident. The court will usually review factors such as the speed of each vehicle involved, the location of the accident, the visibility at the time, the condition of the vehicles, and the actions of each driver prior to the crash, to determine the fault of each party. For example, if one vehicle was speeding, that could be considered grounds for liability in the accident. If both drivers were speeding, the court could assign a higher percentage of fault to each driver, or it could assign a split liability. In addition, Indiana law also includes a “sudden emergency doctrine.” This allows a driver to claim that they were faced with a sudden and unexpected emergency, due to another driver’s negligence, and that they acted reasonably in the circumstances. If successful, this could reduce the driver’s liability for the accident. It is important to note that the determination of liability for a car accident is a complex process, and it is best to contact an experienced car accident attorney to help you through the process and ensure the best possible outcome.

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