Typically, improper turn accidents occur at an intersection when one person drives into the side of another vehicle. The force of these “T-bone” collisions often leads to serious injury and property damage. If you have suffered injuries in an Indiana improper turn accident, it is important to understand how judges and juries in Indiana determine who is at fault.
For example, as a recent news article reported, an improper turn accident left one person dead and four injured in Pine Township, Indiana. The accident occurred as an antique firetruck was traveling west along the highway. A Toyota Highlander traveling southbound turned left, despite not having the right of way. As the Highlander turned into the firetruck’s lane, it was struck on the driver’s side, causing the Highlander to catch on fire. Four of the five people in the Highlander were transported to the hospital for their injuries. The firetruck driver did not require hospitalization. Sadly, one person in the Highlander died at the scene.
How Do Indiana Courts Determine Fault in Improper Turn Accident Cases?
Plaintiffs bringing a negligence lawsuit after an Indiana improper turn accident must prove the defendant is at fault for their injuries by a preponderance of the evidence. This legal term simply means it is more likely than not that the defendant’s negligence caused the plaintiff’s injuries. In the event of an improper turn accident, determining who is at fault may be more difficult than it seems. Typically, the driver who turns without the right of way is the cause of the accident. At an intersection, drivers may turn when they should have instead yielded to oncoming traffic, stopped at a stop sign, or waited for a green light. At the same time, drivers may not see an oncoming car if the vehicle fails to use headlights at night or approaches at an excessive speed. Consequently, the driver who turns at an intersection may not be 100% at fault for an improper turn accident.
How Does the Law Allocate Fault Between Parties?
Recognizing that both parties often share some degree of fault, Indiana courts allow plaintiffs to recover even if they are partially at fault for an improper turn accident. Specifically, a plaintiff can recover damages from the defendant as long as the plaintiff was not more at fault than the defendant. If the plaintiff is 50% at fault or less, he or she can recover damages. However, if the plaintiff is 51% at fault of more, he or she cannot recover any damages. An experienced Indiana personal injury attorney can help you prove that you were not at fault for an improper turn accident.
Have You Suffered Injuries in an Indiana Turn Accident?
If you or a loved one has been injured in an Indiana car accident, contact Padove Law to discuss your next steps. Personal injury attorney Burton A. Padove has decades of experience representing clients throughout the state of Indiana. He will work with you to gather evidence and develop a legal strategy to help recover the compensation you need and deserve. For a free initial consultation, call our office at 877-446-5294.