Head-on collisions commonly occur when a driver veers into oncoming traffic, striking a driver traveling in the opposite direction. The sheer force of a head-on collision can lead to serious injuries or fatalities. When people suffer injuries in an Indiana head-on collision, they may choose to sue the responsible driver for damages.
As a recent news article reported, two people tragically died in a head-on collision in Monroe County, Indiana. The collision occurred when one car traveling south on the highway collided with another car heading north. Sadly, both drivers died at the scene. Police are still investigating the crash.
How Does Indiana Apportion Fault Among Multiple Parties?
Sometimes, multiple people share responsibility for the same victim’s injuries. For example, in a head-on collision, both drivers may have contributed to a passenger’s harm. Under Indiana law, a plaintiff can recover damages from more than one defendant. If the jury or judge finds each defendant liable for damages, they will assign a damages amount proportionate to each defendant’s degree of fault. For example, if a defendant is 10% responsible for the plaintiff’s harm, that defendant will pay 10% of the plaintiff’s total damages award.
Importantly, Indiana law also accounts for situations in which plaintiffs share some responsibility for their harm. Indiana follows a modified comparative negligence system. Under this rule, plaintiffs can still recover damages even if they were partially at fault for the accident. However, their share of fault must be 50% or less. If a plaintiff is 51% at fault for the accident, the plaintiff cannot recover any damages. Plaintiffs should also keep in mind that Indiana law reduces a plaintiff’s damages award based on their degree of fault. For example, if a jury initially awards $100,000 in damages but finds the plaintiff 10% at fault for the accident, the plaintiff will receive $90,000 in damages.
How Can You Avoid a Head-On Collision?
Thankfully, there are several steps you can take to reduce your risk of a collision. First, stay focused on the road. Distracted driving can cause you to drift into the opposite lane and collide with another vehicle head-on. Instead of “multi-tasking,” try to minimize all distractions when operating your vehicle. For example, wait to take phone calls until you have parked at your destination. For emergencies, pull over on the shoulder to make an urgent call. Additionally, make sure to drive at the posted speed limit. Excessive speeding can make it harder to maintain control of your vehicle, which could lead to a crash if your vehicle quickly changes lanes or swerves into oncoming traffic. These safety tips can help reduce your risk of a head-on collision.
Have You Been Injured in an Indiana Head-On Collision?
If you or a loved one has suffered injuries in an Indiana head-on collision, contact Padove Law to discuss your case. Attorney Burton A. Padove has handled Indiana personal injury cases for nearly 40 years. Through his skilled and zealous representation, he has secured significant compensation on his clients’ behalf. To schedule a free initial consultation, call our office at 877-446-5294.