How do You Prove Who is at Fault in a Personal Injury Accident?

Personal Injury Attorney Indianapolis, IN

When you are in an accident of some type, you will likely need to go to the doctor’s office to have your injuries checked out and treated. In some cases, this may even involve an ambulance ride, a multi-day stay in the hospital, or even surgery. Whatever your medical bill is, you will probably be looking to see how the person who is responsible for the accident can compensate you in some way. This is not always easy, though, and attorneys are here to help show you how to prove who is at fault for your accident. When you argue your side, you will most likely be speaking with a representative from the other person’s insurance company, whether it is through phone calls or letters. To see how you can prove someone else’s negligence caused your accident, speak with a law firm today.

How can I make a good argument?

The key to making a good argument for your case is proving that it was not you who acted negligently but the other person. For example, if you were crossing the street at a crosswalk and the walk sign was flashing, you know you had the right of way to walk. If a driver was reaching in the backseat for a water bottle, failed to see the red light, and hit you while you were walking, this is a good example of how the driver was acting negligently. This means that they were careless in a situation that any other driver on the road would not have been careless in. Given the same timing and circumstances, another driver would not have been distracted but would have seen the red light and come to a stop before injuring you.

I think I contributed to the accident somehow. Can I still get compensation?

It gets a little tricky when the insurance company decides that you and the other person involved are both partially responsible for the accident and thus your injuries. However, there are some states that have a “contributory negligence” law. This means that if you in any way played a large part in the accident happening, you may get no compensation at all. Typically, though, most states abide by comparative negligence. This is when you get compensated for the percentage that the other person contributed. So, if the accident was 75% the other person’s fault, you would get 75% of the compensation.

Do I need an attorney?

We highly recommend calling our office before speaking with the other party’s insurance company. The representatives at the insurance company are not here to do you a favor. Instead, they want to figure out how they can get away with paying you the least amount possible. To avoid this, please call a personal injury attorney in Indianapolis, IN from Ward & Ward Law Firm. They can help you talk with the insurance company or talk with them on your behalf. Let them fight for your right to compensation.