Recovering Damages after a Single-Vehicle Accident in Indiana
Car accidents can be a harrowing experience, and the physical and financial impact can be just as devastating, regardless of whether there were multiple factors at play or if it was a single-vehicle accident. Indiana follows the “at-fault” theory of liability and insurance recovery. In at-fault states, such as Indiana, drivers who caused the accident are liable for the ensuing damages. In these cases, the at-fault driver’s insurance should compensate all parties involved in the accident. However, it is essential to note that its comparative negligence laws may impact this general rule. Under comparative fault, plaintiffs can recover from the at-fault party; however, the victim’s recovery will be reduced by their share of liability. Most importantly, the plaintiff will not be able to recover if their fault exceeds 50%.
While insurance companies use their own methods for determining liability and apportioning damages, they often cite the state’s comparative negligence laws when making compensation determinations. This is especially relevant after a single-vehicle accident, as insurance companies will go to great lengths to avoid paying out hefty claims. However, a single-vehicle accident does not automatically impute liability on the driver. There are many causes for a single-vehicle accident that do not involve the driver’s negligence.
Some common causes of single-vehicle accidents in Indiana are:
- Road conditions, such as slick roads
- Unexpected obstructions
- Vision impairment because of weather conditions
- Inclement weather such as sleet, snow, or rain
- Poor or ill-maintained road conditions such as potholes
- Incorrect road signs
- Dangerously placed construction equipment
Regardless of the cause, single-vehicle accidents can have devastating consequences. For example, a recent Indiana news report described a fatal single-vehicle accident. According to investigators, the driver was heading west when he tried to pass another vehicle. However, when merging back into the lane, the driver lost control, entered the median, went airborne, rolled over, and struck a barrier. One of the back passengers was thrown from the car and was pronounced dead at the incident scene. Officials are continuing to investigate the accident.
Single-vehicle accidents are often more complex than they appear. These cases may involve several theories of liability and various insurance issues. An experienced Indiana attorney can help injury victims, and their loved ones determine their rights and remedies after an accident.
Have You Suffered Injuries in a Single-Vehicle Accident
If you or someone you love has been hurt or died in an Indiana car accident, contact Padove Law for representation. Indiana car accident lawsuits encompass many technical legal and procedural rules; success greatly hinges on abiding by these strict rules. Attorney Padove has nearly 40 years of experience successfully representing Indiana injury victims in their personal injury and wrongful death claims. The firm handles Indiana accidents involving auto accidents, trucking accidents, defective products, medical malpractice, and nursing home abuse and neglect. He has secured significant amounts of compensation for his clients, including payments for emergency medical treatment, ongoing medical expenses, lost wages and benefits, pain and suffering, and funeral expenses. Contact Padove Law at 877-446-5294 to schedule a free initial consultation with Attorney Burton Padove.