One Woman Dead in Fatal Indiana Passenger Accident
When passengers suffer injuries in an auto accident, they often have to deal with medical bills, emotional distress, and even lost wages. For many passengers, these injuries feel especially unfair because they had no control over the vehicles that collided. To recover compensation for their injuries, passengers can bring a negligence lawsuit against the responsible driver.
For example, a recent Greenfield, Indiana accident led to a passenger fatality. As a local news article reported, two drivers were traveling northbound in adjacent lanes. Both drivers were speeding and refused to let the other pass them. As vehicle in the right lane began to cross into the other driver’s lane, he lost control of his vehicle. As a result, the two cars collided in the middle of the lanes. One vehicle rolled, which caused a passenger to be ejected from the rolling vehicle. Sadly, the passenger died from her injuries. According to investigators, the drivers were traveling over 90 miles per hour, and the driver who crossed into the left lane had marijuana in his system.
Can At-Fault Plaintiffs Recover for an Indiana Passenger Accident?
When a passenger or their loved ones bring a negligence lawsuit, the defendant may claim that the passenger was partially at fault for the accident. Under Indiana’s modified comparative negligence rule, plaintiffs cannot recover any damages if they were more than 50% at fault for the accident that led to their injuries. Plaintiffs who are 50% or less at fault, they can still recover damages. However, their damages award will be reduced by their degree of fault. For example, a plaintiff who receives a $100,000 damages award but is 10% at fault would ultimately recover $90,000 in damages. To escape liability, defendants will attempt to present evidence that a passenger was at fault for the accident.